Agenda packet — Yucaipa City Council, September 23, 2024 (part 2 of 6)

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As used herein, the term "application" shall have the meaning set forth in Section

4.0002(A)(1)(a) of these Rules. The applicant shall submit at least one copy of each such application to the City, along with an electronic copy Opeg or pdf format). Concurrently with the filing of the application with the City, the applicant shall post a notice of the filing of the application, along with a copy of the application, in each of the following locations in the park for review and inspection by the park residents: the park office, the park clubhouse, and one other park location open to the residents during regular business hours. The notice shall contain all information and certification required by the City -approved notice form. The park owner shall maintain the notices and copies of the application (including but not limited to, any supplemental or additional information and documentation submitted to the City following the initial submittal of the application) in those designated locations for review and inspection by the park residents until the City has issued a final decision on the application. The park owner shall also serve one copy of the application on the park resident representative. The application shall include an affidavit or declaration, signed by the applicant under penalty of perjury, certifying that such service and posting have been made and that the representations and information set forth in the application are true and correct. The affidavit or declaration shall provide all information and certifications required by the City -approved form.

C. All oppositions to any application for any capital improvement adjustments (pursuant to YMC Section 15.20.085), any rent adjustment based on discontinuance or reduction in a service or amenity (YMC Section 15.20.090), or any MNOI, readjustment to base year NOI and/or fair return rent adjustment (YMC Section 15.20.100), shall be submitted to the RA in accordance with the requirements of Chapter 15.20 of the Yucaipa Municipal Code (YMC) — Mobilehome Park Rent Stabilization Program and these Administrative Rules.

1. As used herein, the term "opposition" shall have the meaning set forth in Section

4.0002(A)(1)(c) of these Rules.

2. Oppositions to rent adjustment applications shall be submitted in accordance with the following time requirements:
a. Any person wishing to submit any written opposition to an application for a capital improvement rent adjustment under YMC Section 15.20.085 or a special rent adjustment under YMC Section 15.20.100 shall submit at least one copy of such written opposition, along with an electronic copy Opeg or pdf format), to the RA and one copy to the applicant in accordance with the following deadlines:
(i) Not later than the twentieth (20th) day following service of the notice from the RA that the application has been declared complete by the RA, or (ii) Not later than the twentieth (20th) day following notice from the RA that the park owner will not submit any additional information or documentation to enable the RA to deem the application complete.
b. Any person wishing to submit any written opposition to an application for a rent decrease under YMC Section 15.20.090 shall submit at least one copy of such written opposition, along with an electronic copy Opeg or pdf format), to the RA and one copy to the applicant, in accordance with the following deadlines:

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(i) Not later than the thirtieth (30th) day following service of the notice from the RA that the application has been declared complete by the RA, or (ii) Not later than the thirtieth (30th) day following service of notice from the RA that the park owner will not submit any additional information or documentation to enable the RA to deem the application complete.

C. The failure or inability of any person to submit the opposition within the time periods specified in subparagraph (a) or (b) of this subsection (2) shall not prejudice said person's right to represent the opposition to the Hearing Officer during the actual hearing on the application, and the Hearing Officer may, in his/her discretion, allow the submission of such opposition at the time of the hearing on the application. Such written opposition shall be personally served or mailed to the applicant or the applicant's local representative no later than the same day as the filing of the written opposition to the RA, along with an affidavit or declaration, signed under penalty of perjury and containing all information and certifications required by the City -approved form, certifying such service has been made and that all representations set forth in the opposition are true and correct.

1.0005. ADDRESSING THE HEARING OFFICER
The following rules, in addition to those set out in Section 1.0007, "Public Hearings," shall govern public testimony before the Hearing Officer.

A. Manner of addressing, the Hearing Officer. Each person desiring to address the Hearing Officer shall state his/her name and address for the record, state the subject he/she wishes to discuss, state whom he/she is representing if he/she represents an organization or other persons. Presentation time shall be defined by the Hearing Officer. All discussion shall be addressed to the Hearing Officer. No question shall be asked of City staff without the permission of the Hearing Officer.

B. Group Spokesperson. In order to expedite matters and to avoid repetitious presentations, whenever any group of persons wishes to address the Hearing Officer on the same subject matter, it shall be proper for the Hearing Officer to request that a spokesperson be chosen by the group to address the Hearing Officer and, if additional matters are to be presented by any other member of said group, to limit the number of such persons addressing the Hearing Officer.

C. After public hearing closed. After a public hearing has been closed, no member of the public shall address the Hearing Officer from the audience on the matter under consideration without first securing permission to do so by the Hearing Officer.

D. Continuance of hearings. Any hearing being held or noticed or ordered to be held by the Hearing Officer or RA at any meeting of the Hearing Officer may, by order or notice of continuance, be continued or re -continued to any subsequent meeting in the manner provided herein for adjourned meetings; provided that if the hearing is continued to a time less than twenty-four (24) hours after the time specified in the order or notice of hearing, a copy of the order or notice of continuance of hearing shall be posted immediately following the meeting at which the order or notice of continuance was made.

1.0006. RULES OF DECORUM
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A. Hearing Officer. While the meeting is in session, the Hearing Officer must preserve order and decorum.

B. Employees. Members of the administrative staff and employees of the City shall observe the same rules of order and decorum as instructed by the Hearing Officer. Any staff member desiring to address the Hearing Officer or members of the public shall first be recognized by the Hearing Officer. All remarks shall be addressed to the Hearing Officer and not to any member of the public.

C. Addressing the Hearing Officer. Any person making impertinent, slanderous, or profane remarks or who become boisterous while addressing the Hearing Officer shall be called to order by the Hearing Officer and, if such conduct continues, may at the discretion of the Hearing Officer be ordered barred from further addressing the Hearing Officer during the meeting or ordered to leave the meeting.

D. Members of the audience. Any person in the audience who engages in disorderly conduct such as hand clapping, stamping of feet, whistling, using profane language, yelling, and similar demonstrations which disturb the peace and order of the meeting, or who refuses to comply with the lawful orders of the Hearing Officer, shall upon instructions of the Hearing Officer, be removed from the meeting room.

1.0007. PUBLIC HEARINGS
The following procedural rules shall apply to all public hearings before the Hearing Officer. All other requirements of these Administrative Rules shall apply to such public hearings, where not inconsistent with the provisions of the Section. As used herein, the term "public hearing" shall include all hearings on application for capital improvement adjustments based on appeal of the RA decision, reduction or decreases in services or amenities adjustments, and net operating income adjustments.

A. Duties of Hearing Officer. The Hearing Officer shall have the authority to:

1. Administer oaths and affirmations.

2. Rule on offers of proof and receive relevant evidence.

3. Announce all decisions of the Hearing Officer on all subjects and control the course of the hearing.

4. Rule on procedural requests.

5. Take such other actions as are authorized by the YMC, these Administrative Rules, and any other duly adopted ordinances, resolutions, rules and regulations by the City Council and/or the Commission pursuant to the YMC.

The functions of the Hearing Officer shall be performed in an impartial manner.

B. Duties of Rent Administrator. The RA shall have the authority under YMC Sections 15.20.073, 15.20.080, 15.20.085, 15.20.090, 15.20.100, 15.20.105, 15.20.110, and

15.20.120, to:

1. Evaluate applications and appeals to determine whether they are complete as required by YMC Chapter 15.20 and these Administrative Rules.

2. Require submittal of additional documentation by applicants and appellants as determined to be necessary to deem an application or appeal complete.

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3. Make recommendations to the Hearing Officer regarding the analysis and merits of rent adjustment applications.

4. Schedule hearings before the Hearing Officer on the merits of an application.

5. Schedule appeal hearings before the Hearing Officer following issuance of the decision of the RA on an appeal pursuant to the Ordinance and these Rules.

6. Make recommendations to the Hearing Officer on any rent adjustment application or appeal.

7. Develop forms, procedures and policies for administration and implementation of the Ordinance to the extent not otherwise covered by these Administrative Rules.

8. Upon receiving the Hearing Officer's written decision, mail, by first class mail, postage prepaid, a copy of the Hearing Officer resolution to the park owner and park residents, and any duly authorized representative(s), along with an affidavit of mailing.

9. Take such other actions as reasonably necessary to implement and administer the Ordinance and Administrative Rules.

C. Legal Counsel Representation and Participation under YMC Sections 15.20.085,

15.20.090, and 15.20.100.

1. All parties may be, but are not required to be, represented by legal counsel.

2. The RA, in the case of any application before the Hearing Officer, may be assisted and advised by legal counsel. However, counsel representing staff shall not communicate with the Hearing Officer concerning the application under consideration, except concerning procedural matters, such as the dates and locations of public hearings, and except during the public hearing.

D. Rules of Evidence.

1. The Hearing Officer and representatives of the City staff, representatives of the applicant, representatives of the residents of the applicant mobilehome park, and any other interested person, party or entity, shall have these rights: to call and examine witnesses; to introduce exhibits; to discuss evidence directly with the Hearing Officer without an attorney; to cross-examine opposing witnesses on any matter relevant to the issues contained in the application even though the matter was not covered on direct examination; to impeach any witness regardless of which party first called the witness to testify; and to rebut the evidence against him/her.

2. The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant and credible evidence, as defined in these Administrative Rules shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence or objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence but shall not be sufficient in and of itself to support a finding unless it would be admissible over objections in civil actions. The rules of privilege shall be effective to the extent that they are otherwise required by statute to be recognized at the hearing, and irrelevant and unduly repetitious evidence shall be excluded. The evidence received shall be relevant to the specific rental adjustment, which is the subject of the application, as provided in Subsections (3) through (8), below.

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3. Notwithstanding the provisions of Subsection (2) above, all evidence in the form of testimony and written documents pertaining to any application being considered at the public hearing must be relevant to determine whether an applicant is entitled to an increase or decrease in rents pursuant to the capital improvement, reduction or decrease in services or amenities, or net operating income adjustment provisions of the YMC and these Administrative Rules, pursuant to which the application seeks a modification to rents.

4. All evidence, whether it be in the form of oral testimony or written documents, which is not relevant to enable the Hearing Officer to determine whether a park owner is entitled to the increase being sought in the application, or the decrease being sought by the residents in the application, under the operation of the YMC and these Administrative Rules, shall be excluded from the Hearing Officer's consideration.

5. Except as provided elsewhere in these Administrative Rules, or as provided in the YMC, the Hearing Officer shall hear all offered testimony and receive all offered documentary evidence relevant to determine whether the particular application (capital improvement, reduction or decrease in services or amenities, or net operating income adjustment) shall be granted under the YMC and these Administrative Rules.

6. Submission of Evidence Not Previously Reviewed by Staff. All applicants for capital improvement, reduction or decrease in services or amenities, net operating income or fair return adjustments shall comply with the time deadlines set forth in Section 1.0004 and any other provision of these Administrative Rules concerning the submission of any documents and other written evidence in support of or in opposition to any application. The Hearing Officer shall not accept as evidence written or documentary materials that were not submitted within the timelines specified in the YMC and these Administrative Rules unless good cause is shown why the materials could not have been submitted earlier. If the Hearing Officer determines that good cause has been shown, the materials shall be accepted. If good cause is not shown, the materials will become part of the official record but will not be considered by the Hearing Officer. Any such materials that are accepted shall be provided to all parties and a recess shall be called to allow the opposing party or parties and the Hearing Officer time to review the new materials. If the new materials that are accepted are extensive or if the Hearing Officer determines the opposing party would be prejudiced unless allowed time to analyze the new materials and prepare a response, the hearing shall be continued. Nothing in this Subsection shall preclude oral testimony by any person at the hearing on any application.

7. Requests for Production of Evidence. The Hearing Officer or staff member may request the attendance of witnesses and/or the production of books or other documents by proponents, opponents or their interested parties during the course of the hearing or any other matter pending before the Hearing Officer (including at any point in time after an application has been filed) if. (a) the evidence sought would be helpful or necessary to the Hearing Officer's determination as to whether the applicant is entitled to the relief requested; or (b) the evidence would be helpful or necessary to the Hearing Officer's exercise of his/her powers or duties.

If any evidence requested by the Hearing Officer or staff member is not available at the time of the hearing or other proceeding before the Hearing Officer, the hearing or other proceeding may be continued pursuant to Section 1.0007(D) to allow time for the production of evidence or witnesses sought.

E. Adjournment; Continuances. Any hearing being held, noticed, or ordered to be held by the Hearing Officer may be adjourned or continued to another date and time upon the consent of the applicant and the opponents, or upon a finding of good cause by the Hearing Mobilehome Park Administrative Rules, Resolution No. 2024-56 Page 6 09/23/2024 City Council Agenda 209

Officer. Notice of adjournment or continuance shall be posted in conformity with Government Code Sections 54955 and 54955.1; provided that, if the hearing is continued to a time less than twenty-four (24) hours after the time specified in the order of hearing, a copy of the order or notice of continuance shall be posted outside the meeting room immediately following the meeting at which the order of continuance was made.

F. Quantum of Proof and Evidentiary Standard. The applicant shall have the burden of proving entitlement to a rent adjustment, and the amount of the rent adjustment sought. The decisions of the Hearing Officer shall be supported by substantial evidence in light of the entire record of the proceedings. Evidence is substantial when it is relevant, credible and reliable and provides enough information, together with the reasonable inferences from that information, to support a conclusion even though other conclusions might also be reached. No decision may be supported solely by hearsay evidence.

G. Decision. The Hearing Officer shall consider all evidence properly presented in accordance with the YMC, these Administrative Rules, and any supplemental rules adopted by the City, and shall articulate, their findings of fact, reasoning, and conclusions for their decision on all issues, and shall issue a written decision or determination concerning the application. Said decision shall include findings of fact and conclusions based upon those findings of fact. The decision shall include the determination of the maximum allowable rent for each affected mobilehome space.

1.0008. APPEAL TO HEARING OFFICER
A. In reviewing an Appeal of the RA decision on the merits of a capital improvement rent adjustment or emergency capital improvement rent adjustment application, the Hearing Officer shall:

1. Limit his or her review to the record, including the application and supporting documentation that was submitted to the RA and all correspondence. The Hearing Officer may provide guidelines for submission of written briefs, and may (but is not required to) permit limited oral argument on certain issues or all issues decided by the RA;

2. Determine whether, in light of the record, "substantial evidence" exists to support the RA decision;

3. Determine whether the findings set forth in the RA decision that is the subject of the appeal, is supported by the evidence;

4. Determine whether the RA decision was undertaken in accordance with the City's duly enacted Rent Stabilization Ordinance and whether the RA interpretation of the pertinent sections of the YMC was reasonable. If such substantial evidence is found to exist, the Hearing Officer should uphold the decision of the RA. If the RA actions or decisions are found lacking, the Hearing Officer may either decide the matter differently; and

5. Make any further findings and determinations, which the Hearing Officer determines to be reasonable and necessary in deciding the appeal.

B. Final Decision. At the conclusion of the appeal hearing, the Hearing Officer shall issue a Resolution setting forth his or her decision in writing, including the basis for its ruling, and referencing the limitations period set forth in California Code of Civil Procedure Section 1094.6. The decision of the Hearing Officer shall be final on the date that the RA mails, by first- Mobilehome Park Administrative Rules, Resolution No. 2024-56 09/23/2024 City Council Agenda

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class mail, postage prepaid, a copy of the Hearing Officer's Resolution setting forth its findings and decision, along with an affidavit of mailing, to the park owner and affected park residents.

C. Processing of Appeals from RA decision. All appeals filed shall comply with the filing and posting requirements of Section 1.0004(B) of these Rules. Oppositions that are filed by any person in response to an appeal, shall comply with the filing and posting requirements of Section 1.0004(C) of these Rules.

D. Application Fee for Appeals. The application fee for appeals to the Hearing Officer of Staff Determinations shall be $1,750.00 per application for appeal. The application fee shall be paid in full to the City as a condition of finding that the application is complete, and no hearing shall be set before the Hearing Officer unless the full application fee has been paid.

1.0009. INTERPRETATION AND MODIFICATION OF ADMINISTRATIVE RULES The Council shall adopt and shall be the sole approving body of these Administrative Rules.

Any amendment to these Administrative Rules shall be made by resolution and shall be submitted to the City Council for review and approval.

CHAPTER 2. REGISTRATION

2.0001. PURPOSE
The purpose of mobilehome park registration is to enable the RA to control and monitor rents as mandated by the YMC. Park owner registration will provide the RA with information necessary to facilitate the implementation of the YMC and these Administrative Rules.

2.0002. SWORN AFFIDAVIT OR DECLARATION
All registration forms, and any documentation accompanying any registration forms, shall be complete, and shall contain an affidavit or declaration, signed by the park owner or a designated agent, with his/her signature notarized, certifying that the information contained therein is true, correct, and complete. A designated agent shall either be a principal in a licensed property management company, which is contractually bound to operate and manage the mobilehome park, or an individual (not an on -site manager), who is employed by a property owner for the sole purpose of operating the mobilehome park business. This designated agent will provide a declaration, under penalty of perjury, with the registration form affirming that he/she has a contractual arrangement that gives he/she authority to operate and manage all aspects of the mobilehome park business.

2.0003. LEASED SPACES
A. Exempt under Civil Code Section 798.17. In the event a mobilehome park owner believes that his/her park contains any space which is subject to a lease, which exempts that space from rent regulation pursuant to the California Mobilehome Residency Law (Civil Code Section 798, et seq.), the park owner shall submit information on the registration form setting forth the duration of each lease, current space rents, effective date of most recent rent increase, lease execution dates, lease expiration dates, last names of the homeowners/tenants of each leased space, all other information required by Sections 2.0004 and 2.0005, and any other information determined to be necessary by the RA to demonstrate compliance with Civil Code Sections 798 et seq.

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In the event that a resident or park owner questions the terms of a long-term lease or whether the lease is exempt from the rent regulation provisions of YMC Chapter 15.20, he/she may request that the RA review the terms to determine whether it satisfies the requirements for a long-term lease exemption from rent control.

B. Non -Exempt Leased Space. For any space that was previously exempt from rent regulation under YMC Chapter 15.20 but such exemption has expired or terminated based on Civil Code Section 798.17 as amended by Assembly Bill 2782 (Chapter 35, Statutes of 2020), the park owner shall submit information on the registration form setting forth the duration of each lease, current space rents determined in accordance with YMC Chapter 15.20, effective date of most recent rent increase, lease execution dates, lease expiration dates, last names of the homeowners/tenants of each space, all other information required by Sections 2.0004 and

2.0005, and any other information determined to be necessary by the RA to demonstrate compliance with Civil Code Sections 798 et seq., YMC Chapter 15.20, and these Rules.

2.0004. SUBMISSION OF COMPLETE INFORMATION REQUIRED
A registration form shall be accepted for filing by the RA only if it contains all information required by the YMC and these Administrative Rules, including but expressly not limited to the required registration fee, affidavit or declaration under penalty of perjury, and all information required by YMC Section 15.20.073 and this chapter. No park owner shall be permitted to apply for any rent adjustment until the RA has accepted the park registration form.

2.0005. TIMES WHEN REGISTRATION IS REQUIRED; REGISTRATION

CONTENTS
Registration is required at the following times:

A. Annual Registration. Annual registration is due no later than the 31 st day of January each year and shall include the items listed in this Subdivision. Except as otherwise expressly provided, the following information shall be provided for all spaces in the park, including but not limited to, month -to -month spaces, leased spaces (exempt and non-exempt), spaces occupied by park -owned mobilehomes, spaces occupied by park managers and/or other employees, rent -to -own spaces, and spaces claimed to be exempt from the Ordinance under any other provision of state law:

1. The rents charged for each space in the park.

2. The services/utilities provided as part of the rent.

3. The services/utilities charged separately from the rent.

4. List of amenities provided in park.

5. The last names of the homeowners/tenants of every space in the park

6. List of leased spaces (exempt and non-exempt pursuant to Civil Code Section 798.17) and all information required by Section 2.0003.

7. A registration fee worksheet.

8. Registration fee.

9. Significant maintenance performed in the preceding year.

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B. New Lease/ Extended Lease Registration. New leases, and existing leases that are renewed or otherwise extended, shall be governed by YMC Section 15.20.073(C).

2.0006. DELINQUENT REGISTRATION
A park owner who fails to comply with the registration provisions outlined in these Administrative Rules or YMC Section 15.20.073 shall not be entitled to charge, collect, retain, or apply for any rent increase permitted by the YMC until a determination is made by the RA that the park owner has brought the park into full compliance with the registration provisions outlined in these Administrative Rules and the YMC.

2.0007. REGISTRATION FEES
A. The fee determined in accordance with these Administrative Rules shall accompany any registration form submitted to the City.

B. Initial and Annual Registration. The Yucaipa City Council has established an initial and annual registration fee of $87.12 per space not exempt from the YMC. The total registration fee is due and payable on or before January 31 st of each year. One half ($43.56) of this fee may be passed on to residents of those spaces subject to the YMC, in twelve (12) equal monthly installments of $3.63. This fee may be included in the monthly statement of rent due, but must be itemized separately, and shall not be deemed to be a part of the rent or included in the rent base when calculating rent adjustments.

C. Prorated Registration Fees. In the event a space comes under the jurisdiction of the YMC after January 3151 of each year, a prorated registration fee shall be due and payable no later than January 31St of the following year as part of the Annual Registration application. The total prorated registration fee shall be calculated by determining the number of months remaining in the calendar year, including the initial month the space is subject to the YMC, and multiplying that figure by $7.42. The resulting figure is the total prorated registration fee for that space. One half of this fee may be passed onto the resident of said space in equal monthly installments of $3.71. This fee must be noticed in accordance with the provisions of State law. This fee may be included in the monthly statement of rent due, but must be itemized separately, and shall not be deemed to be a part of the rent or included in the rent.

D. Prorated Registration Fee Refund. In the event a space under the jurisdiction of the YMC becomes exempt as outlined in YMC Section 15.20.030 after January 3l' each year, a park owner may apply for a prorated refund at the time of the annual registration. The prorated refund for said space shall be calculated by multiplying the total number of months that the space was exempt by $7.42. The resulting figure may be deducted from the annual registration fee.

The park owner may be required to show proof of exemption for any space for which a prorated registration fee refund is requested.

2.0008. DELINQUENT REGISTRATION FEES
A. Penalties. If a park owner fails to pay the required registration fees by January 31 St, he/she shall not pass the registration fees through to the tenants. Once the registration fees are paid, the park owner may commence passing the registration fees through to the tenants in accordance with the provisions of Section 2.0007. Failure to pay the required registration fees by a park owner in a timely manner shall also be considered a failure to register as outlined in Section 2.0006.

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B. Waiver of Penalties. A waiver of the penalty for failure to pay the required registration fees may be granted by the RA upon a showing of exceptional circumstances beyond the control of the park owner, which made it impossible for the registration fees to be made in a timely manner.

CHAPTER 3. ANNUAL ADJUSTMENT BASED ON THE CPI

3.0001. ANNUAL ADJUSTMENT BASED ON THE CPI
A park owner may increase the rent on a mobilehome space once every twelve (12) months pursuant to YMC Section 15.20.080. Application for a rent increase pursuant to this subsection shall be made to the RA and may be for one or more spaces. The RA shall grant the application within twenty (20) days of receipt of a complete application if it complies with this subsection. If the application is incomplete or does not comply with this subsection, the RA shall notify the applicant in writing of the reasons it is incomplete or does not comply with this subsection within twenty (20) days of receipt of the application. The RA's decision approving an Annual Adjustment shall be final upon the date that the RA mails, by first-class mail, postage prepaid, a copy of the RA's decision, along with an affidavit of mailing, to the park owner.

The Annual Adjustment for each calendar year shall be calculated using the increase in the CPI index for the Riverside -San Bernardino -Ontario areas, All Urban Consumers for the preceding twelve-month period ending November. In the event this index is no longer compiled by the BLS, a successor index shall be used.

The RA shall provide the CPI figures and a calculation of the allowable Annual Adjustment to each park owner by February 1 of each year.

A. Application Approval. An application approval for an Annual Adjustment shall be filed on a form provided by the RA and shall include the following information:

1. The name of the park.

2. The date of the last rent increase for each space and the reason for that increase

3. All spaces for which an Annual Adjustment is being requested.

4. The rent currently being charged for each space.

5. Space vacancies pursuant to YMC Section 15.20.050. In the event that the application includes a vacant space upon which there is no mobilehome, pursuant to YMC Section 15.20.050 (B) (based on a "vacancy" as defined in subsection (1), (2), (3), or (8) of YMC Section 15.20.020), the last rent in effect prior to the space becoming vacant, or the last rent authorized by the City pursuant to any prior Annual Adjustment, whichever was approved later, shall be provided in the application. In the event no rent has ever been charged for that vacant space, or the last rent charged is unknown, the application should so indicate. As used in this section 3.0001, the phrase "the last rent charged" shall mean the last rent, which was actually paid by the most recent resident of that space prior to its vacancy. a. In the event that there is no prior last rent charged for that vacant space, or the rent which was actually paid is unknown, or the park owner otherwise fails to document the last rent charged for the vacant space, the initial base rent to be listed for the vacant space in the application shall be determined using the vacancy adjustment formula set forth in Section

3.0001(H) of these Rules.

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b. Space rents listed for vacant spaces in the application shall be verified by the RA using information required on, and/or documentation submitted with applicable Schedules of the Annual Registration Application, or the most recent City -approved annual adjustment application, whichever was approved later.

C. The initial base rent for that vacant space as approved by the RA pursuant to subsection (a) shall be used in determining any subsequent rent adjustments authorized under the YMC.

6. Leased spaces. In the event that the application for an Annual Adjustment includes a space that was previously exempt from rent control under a long-term lease pursuant to Civil Code Section 798.17, the annual adjustment shall be determined based on the last rent in effect prior to the space becoming subject to rent control, and the date said rent increase was imposed.

7. The amount of the proposed Annual Adjustment.

8. The proposed new rent.

B. Method of Calculation. The Annual Adjustment for each space shall be determined in accordance with the following formula:

1. The prior CPI shall be determined. As determined herein, "Prior CPI" shall mean the CPI used in approving the prior Annual Adjustment or MNOI Adjustment (or in effect on the date of the vacancy adjustment).

2. The current CPI shall be determined. As used herein, "Current CPI" shall mean the CPI most recently available as of the date the application is determined to be complete.

3. The CPI used in the Annual Adjustment shall then be subtracted from the current CPI. The resulting sum shall be multiplied by 100. The resulting sum shall then be divided by the prior CPI. The resulting sum shall then be multiplied by 100%. The result or 4% of current space rent, whichever is less, shall be referred to as the "CPI Increase".

4. Each space rent, as determined pursuant to the last approved adjustment, shall be multiplied by the CPI increase to arrive at the new rent for the space.

5. For any vacant space (based on a "vacancy" as defined in subsection (1), (2), (3), or (8) of YMC Section 15.20.020, the initial base rent determined using the vacancy adjustment formula set forth in Section 3.0001(H) of these Rules shall be inserted on the Annual Adjustment form as the current rent for the vacant space as of the date of application. The initial base rent shall then be multiplied by the CPI increase determined pursuant to subsections (1) through (3) of this Subsection B, and the resulting sum shall be inserted in the application as the new rent to be charged for the vacant space if re -rented prior to the next Annual Adjustment. The anniversary date for the Annual Adjustment shall remain the same anniversary date as in effect prior to the vacancy. In the first year of occupancy following re -rental only, the applicable anniversary date may result in an Annual Adjustment imposed less than 12 months prior to the date of re -rental.

6. For any space that was previously exempt from rent control pursuant to a long- term lease under Civil Code Section 798.17, and for which the long-term lease has expired or terminated or the rent control exemption has terminated as required by Civil Code Section 798.17, the determination of the initial Annual Adjustment following termination of the rent control exemption shall be determined in accordance with this subsection (6). The last rent in Mobilehome Park Administrative Rules, Resolution No. 2024-56

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effect under the long-term lease shall be inserted on the Annual Adjustment form as the current rent for the formerly exempt space as of the date of application. The "prior CPI" shall then be determined. "Prior CPI" shall mean the CPI in effect on the date that the last rent increase was imposed under the long-term lease. The "current CPI" shall be determined in accordance with Subsection (2). The prior CPI shall then be subtracted from the current CPI. The resulting sum shall be multiplied by 100. The resulting sum shall then be divided by the prior CPI. The resulting sum shall then be multiplied by 100%. The result or 4% of current space rent, whichever is less, shall be referred to as the "initial CPI Increase" for the previously exempt space. Subsequent Annual Adjustments shall be calculated in accordance with subsections (1) through (3) of this Section 3.0001(B).

C. Notice of Adjustment to Resident. The park owner shall notify the residents affected by the Annual Adjustment in accordance with State law. The rent statement or invoice issued to the resident shall include the City approved annual CPI adjustment percentage and the dollar amount of the Annual Adjustment to be implemented on the subject space. A park owner shall not notice an Annual Adjustment prior to approval by the RA and park management shall concurrently post the City notice in the clubhouse, park office and one other location accessible to the residents at the same time as the rent increase notice is issued to the affected resident(s).

D. Eligibility. A space shall not be eligible for an Annual Adjustment (YMC Section

15.20.080) except upon compliance with the following requirements.

1. The park owner shall be in compliance with these Administrative Rules and the YMC.

2. Except as otherwise provided in subsection (D)(3), the space shall not have had an Annual Adjustment (YMC Section 15.20.080) or Maintenance of Net Operating Income (MNOI), Readjustment to Base Year NOI or Fair Return Rent Adjustment (YMC Section

15.20.100) in the preceding twelve (12) months prior to approval by the RA.

3. If the application includes a space that was previously exempt from rent control under a long-term lease pursuant to Civil Code Section 798.17, the space shall not have had a rent increase under the long-term lease in the preceding twelve (12) months prior to approval by the RA. Subsequent Annual Adjustments shall comply with subsection (D)(2).

4. In the event a resident questions a charge(s) on his/her monthly or other periodic statement, he/she may request that the RA review the statement to determine whether it satisfies the requirements for authorized fees pursuant to Civil Code Section 798.31. In the event the RA determines that a park owner has overcharged a resident, the RA shall instruct the park owner to refund the over -charge, including interest at the legal rate of seven percent (7%) per year, compounded monthly.

E. Space vacancies pursuant to YMC Section 15.20.050(A). The space rent upon a "vacancy", as defined in YMC Section 15.20.020, subsections (4), (5), (6) or (7), shall not be increased above the last rent charged prior to such vacancy. The Annual Adjustment application shall list the last rent charged for such space prior to the vacancy.

F. Spaces Previously Exempt. As established pursuant to YMC Section

15.20.050(D) and YMC Section 15.20.080(B) and subsections (A) through (D) of this Section." Mobilehome Park Administrative Rules. Resolution No. 2024-56

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G. Park Owned Mobile Home Sold to an Existing or New Resident. As established pursuant to YMC Section 15.20.050(C).

H. Vacant Spaces Vacancy Category Nos. (1), (2), (3), or (8)). In accordance with YMC Section 15.20.050(B), upon "vacancy", as defined in YMC Section 15.20.020, subsection (1), (2), (3), or (8), the park owner may increase the space rent on that mobilehome space by a vacancy adjustment in accordance with the following provisions.

1. Application for a vacancy adjustment pursuant to YMC Section 15.20.050(B) and this subsection shall be made to the RA. The RA shall grant the application within ten (10) days of receipt of a complete application if it complies with this subsection. If the application is incomplete or does not comply with this subsection, the RA shall notify the applicant in writing of the reasons it is incomplete or does not comply with this subsection within ten (10) days of receipt of the application. The RA's decision approving a vacancy rent adjustment pursuant to YMC Section 15.20.050(B) and this section shall be final upon the date that the RA mails, by first-class mail, postage prepaid, a copy of the RA's decision, along with an affidavit of mailing, to the park owner.

2. The vacancy adjustment shall be calculated by the RA in accordance with the following provisions.
a. Step One: The combined average of all rent -controlled spaces in the park shall be determined, using the rents listed in the most recent City -approved annual registration form or Annual Adjustment, whichever was approved later. The RA shall thereafter add ten percent (10%) to the average rent determined pursuant to this subparagraph. The sum shall constitute the vacancy rent adjustment for the space. The sum shall constitute the new base rent for the space.
b. Step Two: The amount determined in Step One shall be set forth in the RA's decision issued to the park owner pursuant to subsection (1) of this Section 3.0001(H).

C. Notwithstanding subparagraphs (a) and (b), a park owner shall be entitled to only one vacancy rent adjustment for each annual adjustment period following the occurrence of each vacancy under YMC Section 15.20.050(B).

3. Thereafter, the new space rent determined in accordance with this subdivision (H) shall become the base rent upon which future rent adjustments pursuant to the Ordinance shall be calculated for that space.

I. Effect of Lease upon Mobilehome Abandonment. As established pursuant to YMC Section 15.20.050(B) and Section 3.0001(B), above. If a lease was in place prior to the abandonment of the mobilehome by the prior resident (as abandonment in -place is defined in YMC Section 15.20.020), the lease is null and void and the new owner shall not be bound by the previous lease.

3.0002. CONSUMER PRICE INDEX (CPI).

Consumer Price Index ('*CPI") shall mean:

1. For the purpose of calculating the Annual Adjustments for each of the years 1987 through 2018, the "Consumer Price Index" or "CPI" means the CPI index for the Los Angeles - Riverside -Orange Metropolitan Area, All Urban Consumers, published by the Bureau of Labor Statistics, U.S. Department of Labor.

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2. For the purpose of calculating the 2019 Annual Adjustment, "Consumer Price Index" or "CPI" means the CPI index for the Los Angeles -Long Beach -Anaheim Metropolitan Area, All Urban Consumers, published by the Bureau of Labor Statistics, U.S. Department of Labor.

3. For the purpose of calculating Annual Adjustments beginning in 2020, the "Consumer Price Index" or "CPP' means the CPI for the Riverside -San Bernardino -Ontario, Metropolitan Area, All Urban Consumers, published by the Bureau of Labor Statistics, U.S.

Department of Labor, or any successor index.

4. For the purpose of calculating Special Rent Adjustments, the '`Consumer Price Index" or "CPI" for the years subsequent to 2017 means the CPI for the Riverside -San Bernardino -Ontario, Metropolitan Area, All Urban Consumers, published by the Bureau of Labor Statistics, U.S. Department of Labor, or any successor index.

CHAPTER 4. RENT INCREASES BY APPLICATION TO THE HEARING OFFICER

4.0001. FAIR RETURN
A. Purpose. It is the intent of YMC Section 15.20.100 to establish rents at a level which will provide park owners with a fair and reasonable return on investment while protecting the residents from excessive rent increases.

B. Resident Meeting prior to Special Rent Adjustment Application. The City encourages park owners to voluntarily meet with the residents to discuss the amount and reasons for a proposed rent increase with the affected residents, and to resolve differences and disputes with regard to the amount of the proposed rent adjustment, prior to filing an application for a rent adjustment to the City pursuant to YMC Section 15.20.100(A), (B) and/or (C) and this Chapter.

The park owner and resident representatives may agree upon the procedures for the resident meeting. Suggested procedures for the conduct of a resident meeting may include but are not limited to, the following:

1. The resident meeting should be scheduled at a convenient time and location for representatives of the park owner and residents; and

2. At least thirty days prior to the resident meeting, management should:
a. Serve written notice of resident meeting on the park resident representative(s), and post a copy of the notice of the resident meeting at the clubhouse, park office and other location accessible to the residents; and b. Provide information and documentation to the park residents regarding the proposed special rent adjustment, including an explanation of proposed rent increase and reasons therefore in simple and clear language to facilitate resident understanding and discussion between the park owner and residents; and

3. The resident meeting should be conducted in a non -adversarial manner.

4. The City encourges the park owner to include all documentation of any meeting held between the park owner and residents, and the discussion and outcome, in the special rent adjustment application submitted to the City.

4.0002. RENT ADJUSTMENT FORMS AND DETERMINATION OF

COMPLETENESS
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A. Forms. Applications for rent adjustments and appeals and for opposition to rent adjustment applications or appeals shall be submitted in accordance with the requirements of this Section.

1. As used in these Rules, the following terms have the following meanings:
a. The term "application" shall include the application fee, completed application form (including the proofs of service and posting, declaration under penalty of perjury, and all information and documentation required by the City -approved form) and any and all reports, documents, notice of intent, election ballots, cover letter, notice, secret ballot or other information and documentation necessary to support the requested adjustment, including but expressly not limited to, all other information and documentation required by any other provisions of the Ordinance or these Rules.
b. The term "appeal" shall include the appeal fee, deposit(s), completed appeal form (including the proofs of service and posting, and all information and documentation required by the City -approved form) and any and all information and documentation necessary to support the appeal from the decision of the RA, including but not limited to all information and documentation required by any other provisions of the Ordinance or these Rules.

C. The term "opposition" shall include the written explanation of the opposition to the application or appeal, proofs of service and posting of the opposition and any and all information and documentation necessary to support the opposition, including but not limited to all information and documentation required by any other provisions of the Ordinance or these Rules.

2. The City has prepared forms for use in submitting applications and appeals.

These forms are designed to ensure that an applicant or appellant submits all necessary information and documentation to support the requested rent adjustment or appeal; to demonstrate that the applicant or appellant has met his/her burden of proof under the Ordinance and these Rules; and to facilitate review and analysis by the RA, and the public hearing before the Hearing Officer. Use of the City -approved application form or appeal form is not required, but submittal of all information and documentation as specified in the City -approved form is mandatory. Applicants and appellants are required to submit all information and documentation requested in the City -approved forms. All information and documentation submitted with an application or appeal shall be paginated and shall also be clearly marked to correlate to the specific section and item number of the application form or appeal form to which it pertains. If an applicant or appellant fails to comply with this Section, the RA may deem the application or appeal incomplete. In addition, failure to comply with this Section may result in the Hearing Officer finding that the applicant or appellant failed to meet its burden of proof under the Ordinance and these Rules.

3. Any person wishing to submit any written opposition to rent adjustment application or appeals shall submit at least one copy of such written opposition, along with an electronic copy Opeg or pdf format), to the R.A. All information and documentation submitted with an opposition or response to an application or appeal shall be paginated and shall also be clearly marked to correlate to the specific section and item number of the application form or appeal form to which it pertains. If an opposing party fails to comply with this Section, the RA may deem the opposition incomplete and may refuse to accept the opposition for filing until the opposition complies with the Ordinance and these Rules.

B. Determination of Completeness of Application
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Upon receipt of an application for a rent adjustment the RA shall review the application and determine whether the application is complete. As used in these Rules, the term "complete" means that the applicant completed the application form (or submitted a written statement providing all information requested by the application form); paid the requisite application fee and any hearing deposit (if applicable); and submitted all required information and documentation which supports the requested rent adjustment(s).

1. Necessary documentation shall include documentation establishing all categories of information set forth in these Rules to meet the park owner's burden of proof that they are entitled to a rent adjustment. In determining whether the application is complete, the RA shall review the application and its supporting documentation to determine whether the application contains all information and documentation to support each rent adjustment requested. a. In order for an application for rent adjustment submitted under YMC Section 15.20.100(A) and Section 4.0003 of these Rules to be deemed complete, the application shall include all documentation reflecting the amount of each category of income and expense claimed (including all relevant financial statements, including but not limited to, profit and loss statement, general ledgers, and actual invoices, receipts, bills or other documentation substantiating that the income was received or the expense was incurred); that the claimed expenses are reasonable; the CPI indexing factor proposed to be used as the basis for that contention; the factual basis for any claimed amortization period claimed for any amortizable expense; and all other documentation to establish that an MNOI rent adjustment is warranted. b. In order for an application submitted for a rent adjustment under YMC Section 15.20.100(B) and Section 4.0004 of these Rules to be deemed complete, the application shall include, in addition to the requirements of subparagraph (a), all documentation establishing each factor set forth in Section 4.0004(A)(1) through (5) of these Administrative Rules.

C. In order for an application submitted for a rent adjustment under YMC Section 15.20.100(C) and Section 4.0005 of these Rules to be deemed complete, the application shall include in addition to the requirements of subparagraphs (a) and/or (b), documentation establishing each factor set forth in Section 4.0005(B)(1) through (6) of these Rules, and documentation establishing that the park owner is entitled to a fair return rent adjustment under any other relevant factors pursuant to YMC Section 15.20.100(C). d. In order to initiate the procedure for approval of a proposed special rent adjustment by voluntary meet and confer under YMC Section 15.20.100(E), the park owner shall comply with the provisions of Section 4.0006 of these Rules. e. In order for an application submitted for a rent decrease based on discontinuance or reduction in service or amenity under YMC Section 15.20.090 and Chapter 7 of these Rules to be deemed complete, the application shall include all information and documentation establishing each factor set forth in Sections 7.0004, 7.0005(B) (park resident application) and 7.0006(B) (park owner application) of these Rules.

2. Not later than thirty (30) days after the application is filed with the City, the RA shall send written notice to the applicant informing him/her whether the application is complete pursuant to YMC Sections 15.20.105(B) and (E). This completeness determination shall not apply to a proposed special rent adjustment by voluntary meet and confer under YMC Section

15.20.100(E).

3. If the RA determines that the application is complete, hearings on rent adjustment applications filed under YMC Sections 15.20.090 or 15.20.100(A), (B), or (C), or hearings on Mobilehome Park Administrative Rules, Resolution No. 2024-56 09/23/2024 City Council Agenda

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appeals to the Hearing Officer from a RA decision on an application under YMC Section

15.20.085, shall be processed, heard and determined in accordance with YMC Sections

15.20.105 and 15.20.110. Hearings before the Hearing Officer shall be noticed in accordance with the requirements of these Rules and the Ralph M. Brown Act. A proposed special rent adjustment by voluntary meet and confer under YMC Section 15.20.100(E) shall not be subject to this section.

4. If the RA determines that the application is incomplete, the notice sent by the RA to the applicant shall include a list of the information and documentation required under YMC Sections 15.20.085, 15.20.090, or 15.20.100(A), (B), or (C) and Section 15.20.105 and Chapters 4, 5 and/or 7 of these Rules, in order for the RA to find that the application is complete. The applicant shall have thirty (30) days to submit the additional information and/or documentation.

5. The application or appeal fee shall be paid in cash, or by cashier's check or by money order, made payable to the City of Yucaipa, concurrently with filing the application or appeal. Notwithstanding any other provision of these Rules, no application for rent adjustment, or application for an appeal from any decision of the RA, shall be deemed complete or set for hearing before the Hearing Officer unless the filing fee has been paid by the applicant or appellant.

6. If the applicant fails to submit the additional information or documentation to the city by the deadline, the RA shall notify the applicant in writing that he/she has no more than an additional thirty (30) days to submit the information and documentation necessary to deem the application complete. The RA will also notify the applicant that failure or refusal to submit the necessary information and/or documentation by the stated deadline may impact the Hearing Officer's decision on whether the applicant met his/her burden of proof that he/she is entitled to any rent adjustment or the particular rent adjustment sought by the applicant. If the application is incomplete because the applicant failed to pay the required filing fee, the RA will notify the applicant that the application is incomplete and that the application will not be set for hearing before the Hearing Officer until the applicant has paid the filing fee.

7. Upon a failure or refusal by the applicant to submit the necessary documentation or other information required in order for the RA to deem the application complete under the Ordinance and Rules (other than the failure to pay the required filing fee), the RA shall thereafter serve written notice of the application upon the park residents in accordance with YMC Section

15.20.060, that the application has been deemed incomplete. If the applicant is a park owner, the RA shall also serve a copy of such notice, and a copy of the application, upon the park resident representative or noticed in the park in accordance with YMC Section 15.20.060. The park residents shall have the right to submit their response or opposition to the application in accordance with the Ordinance and Rules. The RA shall thereafter schedule a hearing before the Hearing Officer on the application and shall notify the applicant and opposing party(ies) of the date and time of the hearing. The RA may make any appropriate recommendations to the Hearing Officer regarding the application, including but expressly not limited to, the impact of the park owner's failure to submit a complete application upon the RA's ability to determine if the park owner has met his/her burden of proof regarding any particular elements of the application, or whether the park owner has met his/her overall burden of proof to show that he/she is entitled to a rent adjustment, or the amount of the rent adjustment sought in the application.

8. If an application or appeal is incomplete due to the applicant's or appellant's failure to submit all required information or documentation necessary for the RA to deem the Mobilehome Park Administrative Rules, Resolution No. 2024-56

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application or appeal complete, the hearing before the Hearing Officer shall be held in accordance with YMC Section 15.20.110.

9. If the RA determined that an application is incomplete, the holding of a hearing on the merits of the application shall not constitute any finding that the application is complete, nor shall it preclude the Hearing Officer from requesting any additional information or documentation from the applicant or opponent(s) during the hearing, or from rendering any decision on the merits of the application or from examining any person testifying before the Hearing Officer at the hearing on the application. Notwithstanding any other provisions under the Ordinance and these Rules, if an application is incomplete, the Hearing Officer shall have the right and authority to issue any appropriate decision on the merits of the rent adjustment application, or any element thereof, including but expressly not limited to, disallowance of claimed expenses or income, modification or denial of the rent adjustment requested in its entirety, or such other actions or findings as deemed appropriate by the Hearing Officer based upon the failure of the applicant to meet his/her burden of proof or otherwise establish entitlement to a rent adjustment under the Ordinance and these Rules.

4.0003. MAINTENANCE OF NET OPERATING INCOME (MNOI) APPLICATION A park owner may apply for a rent increase for the park on the grounds that the rent increases described in Chapter 4 of these Rules and YMC Section 15.20.100 do not provide a just and reasonable or fair return based on a maintenance of net operating income ("MNOI") formula.

This type of application shall be referred to as an MNOI Application.

The Application fee for a MNOI Application shall be $1,750.00 per application and shall be paid prior to the application being declared complete. Notwithstanding any other provision of these Rules to the contrary, no application shall be deemed complete or set for hearing before the Hearing Officer if the applicant fails to pay the required application fee.

A. Base Year CPI

1. 1987 CPI. Except as otherwise provided in subsection (2), for the purposes of calculating rent adjustments under the provisions of this Chapter, the December 31, 1987 Consumer Price Index figure is 114.8.

2. If a park has received a special rent adjustment since 1987, the "base year CPI" shall be as defined in YMC Section 15.20.100(A)(2) for purposes of calculating the new special rent adjustment application under the provisions of this Chapter.

B. "Current" CPI. For the purposes of calculating rent adjustments under the provisions of this Chapter, the "Current" CPI shall be determined as follows: Staff shall be responsible for determining the "Current CPI". For purposes of this provision, CPI shall be determined as follows:

1. If the RA determined that the application was complete, the "Current" CPI shall be the CPI last reported as of the date the application is declared complete.

2. If the RA determined that the application was incomplete, the "Current CPI" shall be the CPI last reported as of the date that the rent administrator mailed written notification to the park owner and residents that the application is incomplete due to the park owner's failure to submit all necessary information and/or documentation by the final deadline required by YMC Section 15.20.105(C).

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C. Leased Spaces, Vacant Spaces and Calculation of the NOI Adjustment. Except as otherwise provided in Section 4.0003(H) of these Rules, when calculating the MNOI adjustment or MNOI rent adjustment based on readjusted Base Year NOI pursuant to YMC 15.20.100, the park's NOI shall be calculated for all spaces in the park, including month -to -month spaces, vacant spaces, and all spaces subject to long-term leases as defined in the California Mobilehome Residency Law (Civil Code Sections 798 et seq.). However, only those spaces, which are month - to -month spaces shall receive a rental increase, based upon a prorated allocation of the MNOI adjustment among all spaces in the park. Exempt leased spaces shall continue to be regulated by the provisions of their leases. Vacant spaces shall continue to be assigned the last rent in effect prior to the vacancy, as modified by any annual adjustment approved by the City during any such vacancy pursuant to YMC 15.20.050.

D. Definitions. For purposes of space rent adjustment proceedings, the following definitions shall be used:

1. "Net Operating Income" or "NOI" means Gross Income less Operating Expenses.

2. "Gross Income" is defined as follows:
a. Gross rents, computed as gross rental income, plus
b. Interest from rental deposits, unless directly paid by the park owner to the tenants (interest shall be computed at the rate of 5 '/z % per annum of all deposits unless such deposits earn greater interest), plus
Late fees, fees collected for services and amenities not included in space rent, including, but not limited to, fees for recreational vehicle storage, cable TV, security, use of recreational facilities, income from coin operated facilities, collections for utility service only if the regulation of rates for the service provided are not pre-empted by regulations of the Public Utilities Commission ("PUC"), plus
d. All other income or consideration received or receivable for or in connection with the use, occupancy or operation of the park.

3. "Operating Expenses" shall include the following:
a. Real property taxes and assessments.
b. Utility expenses. If the utility service is regulated by the Public Utilities Commission (PUC), those utility expenses are not an allowable operating expense except for expenses attributable solely to the common areas if those expenses have been properly separated from expenses attributable to the provision of service to the individual mobile homes.

C. Management expenses (contracted or owner performed), including necessary and reasonable advertising, accounting, insurance, managerial expenses, and allowable legal expenses. Management expenses are presumed to be the same percentage of gross income that were incurred in the base year unless the applicant produces evidence sufficient to justify that expenses increased at a higher rate despite prudent management. In the event the base year expenses are not available they shall be estimated by taking the current expenses and decreasing them downward according to the CPI between the base year and the application year, unless the applicant produces evidence sufficient to establish that management expenses increased at a higher rate despite prudent management.
d. Normal repair and maintenance shall include, but shall not be limited to painting, cleaning, fumigation, landscaping, and repair of all standard services, including

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furnished appliances, carpeting, recreational facilities, power, electrical, plumbing, sanitary sewer and carpentry.
e. Owner -performed labor, if actually performed by the park owner. Owner - performed labor shall be compensated at the following hourly rates upon documentation being provided, showing the date, time, and nature of the work performed:

General Maintenance: $10.38/hr
Skilled Labor: $19.28/hr
Hourly rates will be adjusted pursuant to the change in the Consumer Price Index (CPI) as per Section 3.0002 of these Rules. Hourly rates for general maintenance and skilled labor will be based on January's index and will be reviewed and adjusted during the biennial review process.

Notwithstanding the above, a park owner may receive greater or less compensation for self -labor if it can be shown that the amounts set forth above are substantially unfair in a given case.

There shall be a maximum allowance under this paragraph of five percent (5%) of gross income, unless the park owner demonstrates that such additional expenses were reasonable and consistent with prudent business practices.
f. Operating supplies such as janitorial supplies, gardening supplies, stationery, etc.
g. License and registration fees required by law to the extent same are not otherwise paid by park residents.
h. Amortizable expenses, as defined in YMC Section 15.20.020. i. Repair work done on or in a mobilehome park in order to comply with an order issued by the building department, or to repair damage resulting from fire, earthquake or other natural disaster, to the extent not otherwise covered by insurance. j. Insurance premiums based on the amount of the annual premium. k. Other taxes, fees, and permits.

1. Allowable legal expenses, which include attorney's fees and costs incurred in connection with successful actions to evict residents or recover back rent and matters pertaining to the title or operation of the mobilehome park. In determining the amount of legal expenses to be included in base year or current year operating expenses, if the Hearing Officer determines that the amount of legal expenses is unusually high or not likely to recur on an annual basis, the Hearing Officer may require that the allowable legal expenses be amortized over a five-year period, and only the amortized portion shall be included as an operating expense in the relevant year. For purposes of determining the amortized cost of allowable legal expenses, an interest cost of the lesser of either the current prime rate plus one percent, or the interest rate actually incurred by the mobilehome park owner in paying for the expenses, may be added, provided that rate does not exceed reasonable and prudent financing rates generally available at the time the loan was obtained.

M. Any other allowable expenses for an item that the Hearing Officer finds are unusually high or not likely to recur on an annual basis. Based upon such a finding, the Hearing Officer may require that the allowable expenses be amortized over a five-year period, Mobilehome Park Administrative Rules, Resolution No. 2024-56 09/23/2024 City Council Agenda

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with an interest allowance in accordance with Subparagraph (m) of this Rule Section

4.0003(D)(3), and only the amortized portion thereof included as an operating expense in the relevant year.

4. Operating expenses shall not include:
a. Mortgage principal and interest payments, land lease expenses or any other debt service.
b. Any penalties, fees or interest assessed or awarded for violation of the YMC or any other state or federal law.

C. Attorneys' fees and legal costs in connection with legal proceedings against the City challenging the YMC or these Administrative Rules, or any other payments made to any organization for purposes of litigating or challenging rent control. d. Depreciation.
e. Any expense for which the owner has been reimbursed by any insurance settlement, judgment for damages, settlement or any other method. f. Fees assessed under Section 2.0007 of these Administrative Rules, to the extent reimbursed by park residents.
g. Any late charges incurred by the park owner for failure to pay any registration fee to the City authorized by the YMC.
h. Any expenses to the extent that they resulted due to the park owner's failure to undertake prudent and ongoing maintenance activities or costs which were caused by unnecessarily and unreasonably deferred negligent, or otherwise improper repair and/or maintenance or other acts or omissions of the park owner, including but expressly not limited to, any expenses incurred with regard to vacant spaces. In acting upon a net operating income adjustment application, the Hearing Officer may reduce allowable operating expenses to the extent that the Hearing Officer finds that any claimed expenses resulted from the park owner's failure to undertake prudent and ongoing maintenance activities or which such costs were caused by unnecessarily and unreasonably deferred negligent or otherwise improper repair and/or maintenance or other acts or omissions of the park owner.

Expenses for capital improvements, as defined in YMC Section 15.20.085. j. Expenses for installation of new improvements and facilities and/or the replacement or reconstruction of existing improvements and facilities which consist of more than ordinary maintenance and repairs, have a useful life of at least five years, and can be depreciated pursuant to the U.S. or California income tax codes, but which do not satisfy the requirements of a capital improvement rent adjustment under Section 15.20.085(A)(1) or an emergency capital improvement rent adjustment under Section 15.20.085(B); and k. Any other expenses for the installation of new improvements and facilities and/or the replacement or reconstruction of existing improvements and facilities which consist of more than ordinary maintenance and repairs and have a useful life of at least five years.

5. In calculating operating expenses for any year, an expense shall be averaged with other expense levels for other years or amortized or adjusted by the CPI or may otherwise be adjusted in order to establish an expense amount for that item which most reasonably serves the objectives of obtaining a reasonable comparison of base year and current year expenses, under any of the following circumstances:

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a. An expense item for a particular year is not representative; or b. In the case of base year expenses, when the expense is not a reasonable projection of average past expenditure for that item; or C. In the case of current year expenses, when the expense is not a reasonable projection of future expenditures of that item.

E. Reasonableness of berating Expenses. The park owner shall have the burden of proving that all operating expenses are reasonable. Whenever a particular expense exceeds the normal industry or other comparable standard, the park owner shall bear the burden of establishing the reasonableness of the expense. To the extent that the Hearing Officer finds any such expense to be unreasonable, the Hearing Officer shall adjust the expense to reflect the normal industry or other comparable standard.

F. Schedule of Increases in Operating Expense. Where scheduling of rental increases, or other calculations, require projections of income and expenses because actual data is not available, it shall be presumed that operating expenses and management expenses, exclusive of property taxes, increase at the rate of the increase in the CPI for the applicable year; and that property taxes increase at two percent (2%) per year.

G. Presumption of Base Year Net Operating Income. For the purposes of calculating an MNOI Application, it shall be presumed in the absence of evidence to the contrary presented pursuant to Section 4.0004 of these Administrative Rules, that the NOI earned by the mobilehome park in calendar year 1987 provided a just and reasonable return to the park. In the event a park has received a special adjustment since the base year, the income and expense year on which the special adjustment was based shall be deemed the base year for the purposes of evaluating a rent adjustment application.

H. Method of Calculation of MNOI Adjustment. The MNOI adjustment for the park shall be calculated as follows:

1. The Base Year CPI and the Current Year CPI shall be determined in accordance with YMC Section 15.20.100(A) and Section 4.0003(A) and (B) of this Chapter.

2. The 1987 Gross Income (or "1987 GI") of the entire park, including leased, vacant and month -to -month spaces, shall be calculated. The 1987 Operating Expenses (or "1987 OE") for the entire park shall be calculated. The 1987 OE shall then be subtracted from the 1987 GI to arrive at the 1987 Net Operating Income (or " 1987 NOV). In the event a park has received a special adjustment since the base year, the income and expense year on which the special adjustment was based shall be deemed the base year for the purposes of evaluating a special rent adjustment application under this Chapter.
a. Method of Calculation of Rent Adjustment upon Changed Vacancy Rate.

In the event that there has been an increase of more than three percent (3%) in the vacancy rate since the base year, the following provisions shall govern the determination of any rent adjustment under this Section 4.0003:

1. The 1987 GI as determined under Section 4.0003(H)(2), above, shall be divided by the total number of occupied spaces. The resulting sum shall be known as the "1987 GI per rented space."
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2. The 1987 OE as determined under Section 4.0003(H)(2), above, shall be divided by the total number of occupied spaces. The resulting sum shall be known as the "1987 OE per rented space."

3. The 1987 rented space OE shall be subtracted from the 1987 rented space GI to arrive at the 1987 rented space net operating income for the rented spaces. The resulting sum shall be known as the "1987 NOI per rented space."

3. The gross income for the twelve (12) months preceding the date of application (or "current GI"), including leased, vacant and month -to -month spaces, shall be calculated. The operating expenses for the twelve (12) months preceding the date of application (or "current OE"), including leased, vacant and month -to -month spaces, shall be calculated. The current OE shall then be subtracted from the current GI to arrive at the net operating income for the twelve (12) months preceding the date of application (or "current NOV), for all spaces. a. Method upon changed vacancy rate. In the event that there has been an increase of more than three percent (3%) in the vacancy rate since the base year, the following provisions shall govern the determination of any rent adjustment under this Section 4.0003:

1. The current GI, as determined under Section 4.0003(H)(3), above, shall be divided by the total number of occupied spaces. The resulting sum shall be known as the "current GI per rented space."

2. The current OE, as determined under Section 4.0003(H)(3), above, shall be divided by the total number of occupied spaces. The resulting sum shall be known as the "current OE per rented space."

3. The current rented space OE shall be subtracted from the current rented space GI to arrive at the current rented space net operating income per rented space. The resulting sum shall be known as the "current NOI per rented space."

4. Determination of Current MNOI Entitlement
a. For the purposes of calculating the percentage increase in the CPI that is used to determine the percentage increase in NOI over the base year level that would provide a fair return, for the period from December 1987 through December 2017, the Los Angeles - Riverside -Orange Metropolitan Area index shall be used. For the period subsequent to December 2017 to the date used as the current date in the petition the Riverside -San Bernardino - Ontario index shall be used. In the event the Riverside -San Bernardino -Ontario index is no longer compiled by the BLS, a successor index shall be used. b. The 1987 CPI shall then be subtracted from the current CPI, and the difference shall be multiplied by 100. The product shall then be divided by the 1987 CPI to identify the percentage change in the CPI. The percentage change in the CPI shall then be multiplied by 66.67% from December 31, 1987 to October 28, 1996 and 80% of the increase in the CPI from October 29, 1996 to the date that the application is declared complete, (or from October 29, 1996 to the date that the RA mailed written notification to the park owner and residents that the application is incomplete due to the park owner's failure to submit all necessary information and/or documentation by the final deadline required by Section

15.20.105(C) of the Ordinance), and the resulting product shall be known as the "CPI increase." The CPI increase shall then be multiplied by the 1987 NOI (or adjusted NOI, where applicable).

The product of this calculation shall then be added to the 1987 NOI. The sum shall be known as the "Current MNOI Entitlement."

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5. The current NOI shall then be subtracted from the current MNOI entitlement.

The positive difference is the amount of the maximum allowed NOI adjustment for the park or ("the park's MNOI adjustment"). If the difference is negative, then the park owner is not entitled to an MNOI adjustment.
a. In the event that there has been an increase of more than three percent (3%) in the vacancy rate since the base year, the current NOI per rented space shall be subtracted from the current MNOI entitlement per rented space. The positive difference is the maximum allowed MNOI adjustment per rented space. If the difference is negative, then the park owner is not entitled to an MNOI adjustment for each rented space.

6. Except as otherwise provided in Subdivision (a) of this Subsection (6), the park's MNOI adjustment shall be allocated among all spaces in the park, including month -to -month, vacant and leased spaces, provided that, no adjustment shall be added to any space rent for a space currently exempt from rent control pursuant to the California Mobilehome Residency Law (Civil Code Section 798, et seq.), and no adjustment shall be added to any vacant space. A prorated amount of the park's MNOI adjustment shall be allocated to the individual regulated spaces. To allocate the MNOI adjustment to regulated spaces, the allocation should be made by multiplying the park's MNOI adjustment calculated pursuant to Section 4.0003(H)(5), above, by a fraction which is the number of regulated rental months divided by the total annual rental months for the park.

Exempt leased spaces shall continue to pay the space rent required pursuant to their individual leases. Vacant spaces shall continue to be assigned the space rent that was in effect immediately preceding the vacancy, or the most recent annual adjustment approved by the City for that vacant space under the YMC and these Administrative Rules. a. Rent Adjustment upon Changed Vacancy Rate. In the event that there has been an increase of more than three percent (3%) in the vacancy rate since the base year, the following provisions shall govern the allocation of the rent adjustment. The MNOI adjustment per rented space calculated in Section 4.0003(H)(5)(a), above, shall be the maximum rent adjustment imposed on each month -to -month space. Vacant spaces shall continue to be assigned the space rent that was in effect immediately preceding the vacancy, or the most recent annual adjustment approved by the City for that vacant space under YMC Section 15.20.050 and these Administrative Rules.

7. In determining operating expenses when there has been an increase of more than three percent (3%) in the vacancy rate since the base year, calculations of base year and current year operating expenses may be adjusted by the Hearing Officer so that a reasonable comparison of the expense charges associated with rented spaces is obtained for the purpose of comparing base year and current year operating expenses and to adjust for in operating expenses due to the increased vacancy rate.

I. Notice of MNOI Adjustment. A MNOI Adjustment is a rent increase, which must be noticed in accordance with State law.

J. Park Owner Did Not Own Subject Property in Base Year. In the event the park owner did not own the subject property during the base year, the operating expenses for 1987 shall be determined based upon the previous owner's actual expenses as defined in Section

4.0003(D). In the event that an applicant does not have and cannot obtain records due to circumstances beyond the applicant's control (e.g., when the records no longer exist, were destroyed by fire or flood, when the prior owner will not provide the necessary documents), the Mobilehome Park Administrative Rules, Resolution No. 2024-56 09/23/2024 City Council Agenda

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Hearing Officer may consider actual operating expenses for the first calendar year of ownership, discounted to the base year by the schedule in Section 4.0003(F). This provision would not apply to an applicant who refuses to provide documents and information on the grounds that it is unnecessary, unreasonably burdensome or irrelevant.

4.0004. ADJUSTMENT TO 1987 NOI
A. Rebutting the Presumption of a Fair Return in 1987. YMC Section 15.20.100(A) provides that in the absence of evidence to the contrary that it shall be presumed that the 1987 NOI provided a fair return. YMC Section 15.20.100(B) provides that the owner may rebut this presumption by presenting evidence that the park's 1987 NOI was insufficient to provide a fair return based on one or more of the following circumstances:

1. The park's operating expenses in 1987 were unusually high despite prudent business practices. Evidence that unusual repairs were required, an uninsured loss from natural events or vandalism occurred or that the park was unable to perform necessary repairs or maintenance in prior years resulting in unusually high expenses in 1987 could be used to establish this circumstance.

In this circumstance, the calculation of the park's 1987 NOI may be adjusted by substituting the average of the park's operating expenses over a reasonable time or the average operating expenses in comparable parks in 1987 for the park's actual 1987 operating expenses.

2. Gross income was disproportionately low in 1987 despite prudent business practices. Evidence of a large number of vacancies arising from evictions for cause under State law or the voluntary removal of homes from a park could be used to establish this circumstance.

This circumstance might also arise during the initial years of a park's operation before it has been filled. In this circumstance, the calculation of the 1987 NOI may be adjusted by adding the difference between actual 1987 gross income and that which would have been earned but for this circumstance to the park's 1987 gross income.

3. The rent during 1987 was disproportionately low when compared to rents being charged in comparable parks in 1987 in the City. Evidence that there were no rent increases during 1987 or rents were not established in arm's-length transactions and rents were below those in comparable parks because lower or fewer increases had been imposed in a park than in comparable parks in 1987 or prior years, could be used to establish this circumstance. In this circumstance, the calculation of the 1987 NOI may be adjusted by increasing rental income from those spaces which were charged a disproportionately low rent by the difference between the rents actually charged in the park and the rents charged in comparable parks in 1987.

4. Capital improvements were made during 1987, but were not reflected in rent increases collected in 1987. Evidence that the improvement is completed and operational and evidence of the cost incurred is required to establish this circumstance. In this circumstance, the calculation of the 1987 NOI may be adjusted by adding to the park's gross income the amount of the additional annual revenue which would have been received if a rent increase equal to the cost of the improvement, divided by its useful life and divided by the number of spaces, had been charged during each month of 1987.

5. The rent in 1987 was not sufficient to provide a just and reasonable return by providing evidence of the return actually earned by the park in 1987 and of the return earned by comparable parks in the City in 1987. Examples of the type of information that may be used to establish this circumstance include evidence of the investment in the park, the return earned on Mobilehome Park Administrative Rules, Resolution No. 2024-56 09/23/2024 City Council Agenda

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that investment, the purchase price of the park and its net operating income in 1987, prior years and subsequent years, and the same information for comparable parks in the City. In this circumstance, the calculation of the 1987 NOI shall be adjusted by adding to the park's 1987 gross income, the amount of rental income required to provide a just and reasonable return in 1987.

B. Burden of Proof. In order to qualify for an adjustment to the 1987 NOI under YMC Section 15.20.100, the owner shall have the burden of proving the existence of one of the circumstances enumerated above and in YMC Section 15.20.100, and of providing reliable, credible evidence of the rents, operating expenses, gross income, NOI and return on investment at the park and comparable parks or of the capital improvement costs which are necessary to make the appropriate adjustment to the 1987 NOI under Section 4.0004(A). In reviewing the evidence and comparing rents, gross income, operating expenses, NOI and return on investment at the park with those at comparable parks, the term "comparable park" shall mean a park in the City subject to the YMC, which has similar quality, number and type of amenities, construction and services, is located in a similar neighborhood and provides similar access and proximity to schools, medical and educational facilities, recreation, entertainment, parks, shopping and other services and amenities and is similarly maintained as the applicant's park.

4.0005. FAIR RETURN PROVISION
A park owner may rebut the presumption that the increase calculations provided in YMC Section

15.20.100(A) and Section 4.0003 of these Administrative Rules and modified by YMC Section

15.20.100(B), and in Section 4.0004 of these Administrative Rules, are sufficient to provide a just and reasonable return by presenting evidence that the rate of return being earned by the mobilehome park is not just and reasonable.

A. Burden of Proof. The park owner shall have the burden of proving the park is not earning a just and reasonable return.

B. Relevant Evidence. The Hearing Officer shall consider all relevant evidence, including, but not limited to:

1. The rents being charged for spaces subject to the YMC in comparable mobilehome parks subject to the YMC in the City of Yucaipa.

2. The capitalization rate being earned by the mobilehome park in the application year, each of the preceding five years, and in the first year after the park was purchased. For purposes of this section capitalization rate means the ratio of a park's NOI to its purchase price.

3. The capitalization rate associated with the purchase of comparable mobilehome parks in the application year and the preceding five years.

4. The mobilehome park's pattern of income and expenses over each of the past five (5) years.

5. The quality of the services, amenities and maintenance provided at the mobilehome park and any decrease or increase in services, maintenance and amenities.

6. Any evidence of delay on the part of the park owner in seeking a rent increase pursuant to this section. If the Hearing Officer finds that the park owner unreasonably delayed in submitting a rent increase application pursuant to this section, the Hearing Officer may, at its discretion, grant a rent increase to be implemented in increments over a period not greater than the period of delay.

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C. Comparable Parks. As used in Section 4.0005, the term "comparable park" is defined in Section 4.0004(B) of these Administrative Rules.

4.0006. SPECIAL RENT ADJUSTMENT BASED ON VOLUNTARY MEET AND

CONFER AND CONFIDENTIAL BALLOT
A. In accordance with YMC Section 15.20.100(E), any park owner may initiate a voluntary meet and confer process with the residents of the park's regulated spaces to reach agreement with those residents on a proposed special rent adjustment and approval by the RA in place of the application and noticed public hearing process for an MNOI rent adjustment under YMC Section 15.20.100(A) and Section 4.0003 of these Rules, or an MNOI rent adjustment based on a readjusted Base Year NOI under YMC Section 15.20.100(B) and Section 4.0004 of these Rules under this Chapter, and/or a Fair Return rent adjustment under YMC Section

15.20.100(C). A proposed special rent adjustment by voluntary meet and confer pursuant to YMC Section 15.20.100(E) shall be conducted by the park owner and park residents in accordance with subdivision (B) through (K) of this Section.

B. Terms of Special Rent Adjustment. Any special rent adjustment negotiated between the park owner representatives and park resident representatives and consented to by at least 51 % of the residents of regulated spaces may be on any terms as negotiated between the respective parties, subject to the following requirements:

1. The park owner shall not apply for, demand, impose or collect an Annual Adjustment under YMC Section 15.20.080, or a special rent adjustment authorized by YMC Section 15.20.100(A) or (B) less than 12 months after imposition of the special rent adjustment approved pursuant to YMC Section 15.20.100(E) and this Section; and

2. This procedure shall not be applicable to capital improvements, which shall be subject to the capital improvement rent adjustment provisions set forth in YMC Section

15.20.085 of the Ordinance and Chapters 4 and 5 of these Rules, (including but expressly not limited to Sections 4.0003(D)(4)(i) and 0)), 4.0004, 4.0005, and 5.0008).

C. Initiation of Meet and Confer. The park owner shall initiate the meet and confer by service of a written notice on all residents of the regulated spaces in the park and RA, by personal delivery or first-class mail, along with proof of service of the notice. The written notice shall be consistent with the forms approved by the City, and shall include all of the following:

1. A request for appointment of not more than three (3) persons residing in the regulated spaces to represent the park residents at the meet and confer with the park owner; and

2. The amount of the proposed special rent adjustment, the method by which the proposed special rent adjustment was determined, the base year and current year used in the Meet and Confer Application and that a completed Meet and Confer Application and an MNOI Rent Adjustment and/or MNOI Rent Adjustment based on readjusted MNOI Application, which shall comply with Section 4.0003 and/or 4.0004 of these Rules and YMC Section 15.20.100(A) and (B), along with all information and supporting documentation supporting the proposed special rent adjustment are posted in the clubhouse, park office and one other location accessible to the residents; and
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3. The proposed date and location for the meet and confer, which shall occur not more than sixty (60) days following service of the park owner's written notice on the park residents. The meet and confer shall be scheduled at a date, time and location mutually convenient to the park owner representatives and the park resident representatives and shall be scheduled on a date that is not less than fourteen (14) days after the park owner's service of the notice on each resident pursuant to this subdivision.

D. Park resident representatives. The park residents may select no more than three person(s) to serve as the park resident representatives in the meet and confer, based on a method determined by the residents of the park. The process by which the park residents select their representative(s) shall be confidential.

E. Mediator. Either party may use a mediator of their choice to assist in the negotiations, with the cost to be borne by the party selecting the mediator or as otherwise determined by mutual agreement between the park owner and park residents.

F. Conduct of meet and confer. Subject to Subdivision (C)(3), the meet and confer shall take place at a mutually convenient date and time, between the park owner representatives and park resident representatives.

G. Confidential Resident Vote. If no agreement is reached at the meet and confer between the park owner representatives and park resident representatives regarding a proposed special rent adjustment, then all further proceedings under this Section shall cease. If agreement is reached at the meet and confer between the park owner representatives and the park resident representatives regarding a proposed special rent adjustment, then a resident vote by confidential ballot shall take place in accordance with the following provisions:

1. Finalization of Ballot Documents. During the meet and confer, upon agreement to a proposed special rent adjustment, the park owner representatives and the park resident representatives shall each sign the following documents:
a. The confidential ballot containing the agreed -upon proposed special rent adjustment to be voted upon by the residents of the regulated spaces in the park; and b. The agreed -upon notice of results of meet and confer form; and C. The agreed -upon proof of service; and
d. A list of the full names and addresses of the current occupants of each regulated space in the park; and
e. The park owner representatives shall provide the park resident representatives with the originals of these agreed -upon signed documents, along with copies of each agreed -upon signed document in a number equal to at least the total number of regulated spaces in the park.

2. Notice to Residents and Circulation of Ballots. Not later than five (5) days following the conclusion of the meet and confer, the park resident representatives shall serve a copy of the agreed -upon written notice of results of meet and confer, confidential ballot and envelopes, and proof of service on all residents of the regulated spaces on City -approved forms.

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The documents shall be served on each resident by the park resident representatives by personal delivery or by First Class mail, postage prepaid, and shall contain all of the following information and documentation:
a. The notice shall be on the City -approved form and shall contain all of the following information:
(1) The date(s) and time(s) when the meet and confer was conducted, and the names, addresses and telephone numbers of the representatives of the park owner and park residents at the meet and confer; and
(2) The agreed upon proposed special rent adjustment; the method by which the proposed special rent adjustment would be determined; and that all documentation upon which the proposed special rent adjustment may be inspected by the residents at the park clubhouse, park office and a third location as determined by the park resident representatives and specified in the notice; and
(3) The right of the residents from each regulated space to vote by confidential ballot on whether or not to consent to the proposed special rent adjustment (based on a vote by one adult resident per space), by submittal of a confidential ballot to the Rent Administrator not later than fifteen (15) days following service of the notice upon the resident by the park resident representative, and insertion of the specific deadline date by which the confidential ballot must be filed with the Rent Administrator; and (4) That the resident or a representative of a resident must return the confidential ballot to the Rent Administrator by personal delivery or by mail, in the pre - addressed envelope to the Rent Administrator provided with the notice by the specified deadline; and
(5) That the proposed special rent adjustment shall not be effective unless consented to by at least fifty-one percent (51 %) of the residents of the regulated spaces based on the results of the confidential ballot election. b. The Confidential Ballot, in the form approved by the City and agreed upon between the park owner representatives and park resident representatives at the meet and confer; and
C. Envelopes pre -addressed to the Rent Administrator (one envelope per space) as previously provided by the park owner representatives to the resident representatives in accordance with Subdivision (G)(2) of this section; and d. The agreed -upon meet and confer results; and
e. Proof of service, on the City -approved form.

3. Effective Date of Service on Park Residents. For purposes of determining the 15- day deadline for residents to file their confidential ballots with the Rent Administrator, service of the notice and confidential ballot form under Section 4.0006(G)(2) shall be deemed effective on the date of personal delivery to a resident or, if mailed, upon deposit in the U.S. Mail, to a resident. The park resident representatives shall serve all notices, envelopes pre -addressed to the Mobilehome Park Administrative Rules, Resolution No. 2024-56 09/23/2024 City Council Agenda

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Rent Administrator, and confidential ballot forms required by Subparagraph (2) of this Subdivision (G) on all residents of regulated spaces at the same time.

4. Park Resident Representative Service on City. Prior to or concurrently with serving the notice and all required documentation on the residents under Section 4.0006(G)(2), the park resident representatives shall serve the following documents on the Rent Administrator, using the City -approved forms:
a. Complete copies of the notice, confidential ballot form and all other required documentation set forth in Subdivision (G)(2); and b. A list of the full names and addresses of the current occupants of each regulated space in the park; and
C. A declaration or affidavit, on the City -approved form, and signed under penalty of perjury, verifying that the park resident representatives provided the residents of the regulated spaces with all documents and information required by Subdivision (G)(2) of this section.

5. Park Owner Service on City and Park Resident Representatives Following Meet and Confer. Not later than five (5) days following the conclusion of the meet and confer the park owner or his/her representative shall comply with all of the following requirements:
a. The park owner shall file with the City the following documents:
(1) One set of address labels addressed to the current occupants of each regulated space in the park;
(2) A declaration or affidavit, on the City -approved form, and signed under penalty of perjury, verifying that the park owner representatives provided the park residents with all information and documentation required by Section 4.0006 and that true and correct copies of all information and documentation required by Section 4.0006(G) has been posted at the three locations in the park as required by Subdivision (C)(2) of this section. (3) A proof of service on the resident representatives confirming the park owner's compliance with the service requirements of this Subsection 5, on the City — approved form, served by personal delivery or by First Class mail, postage prepaid. b. The park owner shall serve a copy of the proof of service on the resident representatives, on the City -approved form, confirming the park owner's compliance with this Subsection 5, served on the park resident representative by personal delivery or by First Class mail, postage prepaid.

6. Submittal of Confidential Ballots. Within fifteen (15) days of service of the notice and supporting documentation on the residents, the residents shall submit their confidential ballots to the Rent Administrator, indicating whether or not they consent to the proposed rent adjustment. Each regulated space shall have the right to submit one vote by one Mobilehome Park adult resident on behalf of all residents of that regulated space. Any confidential ballot received by the Rent Administrator after the 15-day deadline shall not be counted. A confidential ballot may be delivered to the Rent Administrator by a representative of a resident (excluding the Mobilehome Park Administrative Rules, Resolution No. 2024-56 Page 31 09/23/2024 City Council Agenda 234

park owner, park manager or any other representative of the park owner or manager), so long as such ballot is accompanied by a written authorization from the resident designating that person as his/her representative, under penalty of perjury, on the City -approved form.

H. Rent Administrator Review and Decision. Following the fifteen -day deadline, the RA shall approve the special rent adjustment only if the RA finds that (i) at least 51% of the residents of the regulated spaces consented to the special rent adjustment, and (ii) the park owner and residents complied with all meet and confer procedures set forth in subdivisions (B) through (G).

1. The RA shall accept only written confidential ballots by the residents of the regulated spaces on the confidential ballot forms approved by the City.

2. In counting the confidential ballots, if at least fifty-one percent (51 %) of the residents of the regulated spaces consent to the proposed special rent adjustment, the proposed special adjustment shall be deemed consented to by the residents of the regulated spaces. If the proposed rent adjustment is not consented to by at least 51% of the residents of the regulated spaces, the proposed special adjustment shall be deemed disapproved by the residents of the regulated spaces.

3. In determining if at least 51 % of the residents of the regulated spaces consented to the special rent adjustment, the RA shall count only those confidential ballots filed with the City by the deadline for submittal of ballots. It shall be presumed by the RA that any regulated space not represented by a confidential ballot represents the intent of the residents of that space to disapprove the proposed special rent adjustment. In the event that more than one adult resident of a regulated space submits a confidential ballot to the RA, the RA shall randomly select one ballot from that regulated space by lots as the official confidential ballot for that space.

4. Rent Administrator Decision and Notification. Not later than fifteen (15) days following the deadline for submittal of the confidential ballots to the RA, the RA shall provide written notification to the park owner and park residents of the results of the confidential ballot election. The RA's notification shall include (i) whether or not the RA approved the special rent adjustment; (ii) the number of spaces consenting to the proposed special adjustment, (iii) the number of spaces indicating disapproval; (iv) the number of spaces where no response was received; (v) if the RA determined that all procedures of this Section were met, the reason(s) for such determination; and (vi) if the RA determined that all procedures of this Section were not met, the reason(s) for such determination. Unless otherwise required by law, the City shall not reveal to the park owner the names or any residents voting for or against the proposed rent adjustment or any resident not submitting a confidential ballot.

I. Park Owner Notice of Rent Increase. The park owner shall notify the residents affected by the Special Rent Adjustment approved by confidential ballot and the RA in accordance with State law. A park owner shall not notice a Special Rent Adjustment approved under this Section prior to approval and notification by the RA pursuant to Subdivision (H)(4) of this Section.

J. Final Decision. The RA's decision approving or denying a special rent adjustment submitted pursuant to YMC Section 15.20.100(E) and this Section shall be final and not subject to any appeal to the Hearing Officer.

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K. Subsequent Rent Adjustment Applications.

1. Disapproval by Park Residents or Denial by City. Denial of a special rent adjustment by voluntary meet and confer pursuant to YMC Section 15.20.100(E) and Subdivision (H) of this Section shall not preclude a park owner from applying for a special rent adjustment under YMC Section 15.20.100(A), (B) and/or (C) and Rules 4.0003, 4.0004 and/or

4.0005 of this Chapter. The application shall be processed in accordance with YMC Section

15.20.105 and these Rules.

2. Subsequent Rent Adjustments Following Approval by Residents and RA. a. Annual Adjustment or Special Rent Adjustment. If at least 51% of the residents of the regulated spaces and the RA approves a special rent adjustment based on meet and confer pursuant to YMC Section 15.20.100(E) and Subdivision (H) of this Section, the park owner shall not apply for, demand payment of, or impose an Annual Adjustment under YMC Section 15.20.080, or a special rent adjustment authorized by YMC Section 15.20.100(A) or (B) less than 12 months after imposition of the special rent adjustment approved pursuant to YMC Section 15.20.100(E) and this Section.
b. Capital Improvement Rent Adjustment. In accordance with YMC Section

15.20.085(D), costs of a capital improvement shall not be included in a proposed special rent adjustment submitted to the residents of the regulated spaces under this Section 4.0006, and the RA shall not approve any proposed special rent adjustment that includes or is based upon any capital improvement costs. Rent adjustments based on capital improvements shall be submitted to the RA in accordance with YMC Section 15.20.085 and Chapter 5 of these Rules.

C. Rent Adjustment based on Discontinuance or Reduction of a Service or Amenity. The approval or disapproval of a special rent adjustment based on voluntary meet and confer pursuant to YMC Section 15.20.100(E) and this Section, shall not preclude a park owner or park resident from submitting an application for a rent adjustment based on discontinuance or reduction of a service or amenity pursuant to YMC Section 15.20.090 and Chapter 7 of these Rules."

4.0007 ALLOWABLE RENT ADJUSTMENTS AND APPLICATIONS

FOLLOWING MNOI ADJUSTMENTS
Following approval of an MNOI adjustment, an MNOI adjustment based on a readjusted base year NOI, or a fair return adjustment by the Hearing Officer under YMC Section 15.20.100 and Sections 4.0003, 4.0004 or 4.0005 of these Rules, or a Special Rent Adjustment by voluntary meet and confer under YMC Section 15.20.100(E) and Section 4.0006 of these Rules, a park owner shall not apply for an Annual Adjustment pursuant to YMC 15.20.080(A) and Chapter 3 of these Administrative Rules, until the expiration of at least twelve (12) months following the approval of the special adjustment under Sections 4.0003, 4.0004 or 4.0005 of these Administrative Rules. A park owner may apply for a capital improvement rent adjustment pursuant to YMC Section 15.20.085 and Chapter 5 of these Administrative Rules, at any time following approval of the MNOI adjustment, MNOI adjustment based on a readjusted base year NOI or fair return adjustment.

CHAPTER 5. ADJUSTMENTS BASED ON CAPITAL IMPROVEMENTS
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5.0001. DEFINITIONS
A. Capital Improvements. A capital improvement is defined by the YMC to mean the installation of new improvements and facilities and/or the replacement or reconstruction of existing improvements and facilities which consist of more than ordinary maintenance or repairs, have a useful life of at least five (5) years and have been consented to by fifty-one percent (51%) of the spaces in the mobilehome park or are necessary for the health and safety of the park, its residents or its neighbors. A capital improvement shall be established under the standard applicable under the law at the time the application is filed. Nothing in this Chapter shall prohibit a park owner from performing a capital improvement if the park owner chooses not to apply for a rent adjustment under the provisions of the YMC or this Chapter.

B. Ordinary maintenance and repairs. Ordinary maintenance and repairs include costs associated with the restoration of real property or personal property to a sound state, or which merely keep such property in operating condition over the probable useful life for which it was acquired, or which otherwise result from the normal maintenance and upkeep of the property. Ordinary maintenance and repairs are not capital improvements.

5.0002. APPLICATION FEES
The Application fee for a Capital Improvement Application shall be $1,750.00 per application, which shall be paid prior to the application being declared complete. Notwithstanding any other provision of these Rules to the contrary, no Capital Improvement Application shall be deemed complete if the applicant fails to pay the required application fee.

5.0003. CALCULATION OF ALLOWABLE INCREASES
Straight-line depreciation based on the useful/amortizable life of an improvement shall be used to calculate the allowable capital improvement rent increase for the improvement.

Useful/amortizable life shall mean, that period of time during which a particular improvement will, in the opinion of professionals (such as architects, engineers, contractors, and accountants), remain functional with only ordinary maintenance and/or repairs. The RA shall evaluate the useful/amortizable life of an improvement for which a capital improvement rent increase is sought. To apply straight-line depreciation in calculating the allowable rent increase, the RA shall divide the total cost of the improvement by its useful/amortizable life and then divide the result of that calculation by twelve and then by the number of spaces in the park.

For example, the allowable capital improvement rent increase for a street replacement costing $10,000 and having a useful/amortizable life of ten (10) years is calculated as follows:
$ 10,000.00
$ 1,000.00 annual amortization
10 years
$ 1,000.00
$ 83.33 monthly amortization cost
12 months
$ 83.33 = $ 2.78 monthly rent increase per space for 10 years 30 spaces
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5.0004. AMORTIZATION
A. Capital Improvements shall be amortized in accordance with the following schedule; or, if not itemized therein, in accordance with any useful life table utilized by the Internal Revenue Service, unless there is substantial evidence that a different amortization period is more appropriate.

Improvement
Amortization
Period
In Years
Air Conditioners
7 Appliances (other than those listed)
7 Cabinets
7 Carpentry
10 Carpeting
7 Dishwasher
7 Doors
10 Dryer
7 Electrical Wiring
15 Elevator
20 Fan
7 Fencing and Walls
Block Walls
15 Wood
7 Fire Alarm System
7 Fire Escape
15 Floor Covering (linoleum or vinyl)
7 Flooring
7 Furniture
7 Garbage Disposal
7 Gates
15 Gutters
15 Heating
10 Insulation
10 Landscaping
15 Locks
7 Paving (asphalt, cement or micro -surfacing; but excluding patch -work or pothole repairs or slurry seal)
15 Plastering
10 Plumbing
Fixtures
10 Pipes
15 Pumps
7 Refrigerator
7 Roofing
10 Security Entry Telephone Intercom
7 Smoke Detector
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Improvement
Amortization
Period
In Years
Stove
7 Stucco
10 Structural Walls (complete replacement; excluding wall patches or repairs to holes or cracks)
10 Washing Machine
7 Water Heater
7 Window Coverings
7 Windows
15 B. In general, a capital improvement should not be amortized over a period which would yield a monthly per space increase over ten percent (10%). In such a case, a longer amortization period may be appropriate. The percent increase represented by a particular capital improvement rent increase shall be calculated by dividing the proposed capital improvement rent increase by the amount of the existing base rent.

Thus, in the case of the above street replacement example, the percent increase is calculated as follows:
$ 2.78 (proposed capital improvement rent increase) = 2.1 %(increase) $130.00 (existing base rent)

5.0005. COST OF THE CAPITAL IMPROVEMENT
The applicant may provide documentary evidence of the actual cost incurred for the capital improvement. The cost thereof may include the interest expense incurred on money borrowed to pay for the capital improvement or a part thereof. In the event that the applicant used his/her own funds to pay for the improvement, interest at the rate equal to the prime rate, plus 2'/2 percent as of the date of the application, computed over a reasonable amount of time may be included as a part of the capital improvement cost. In determining the reasonable amount of time over which interest may be allowed, the RA may be guided by the current practices of state and federally chartered banks and/or savings and loan associations as to the length of time for repayment of improvement loans, provided, however, that the time may not exceed the amortization period determined by the RA and used in calculating the allowable capital improvement rent increase.

5.0006. IMPROVEMENTS NECESSARY FOR HEALTH AND SAFETY
Examples of capital improvements necessary for health and safety under YMC Section

15.20.085(A)(1) include, but are not limited to the following, and shall be established under the standard applicable under the law at the time the application is filed:

A. Replacement of plumbing, electrical, water and sewer lines necessary to conform to City and State ordinances, statutes, codes and regulations and maintain habitability standards and;
B. Replacement of roads, which have become dangerous and are necessary for ingress, egress and safe vehicular and pedestrian movement within a park.

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C. Replacement of an amenity such as a swimming pool is not a capital improvement necessary for health and safety, but such an amenity must be shut down if it becomes unsafe, dangerous or fails to conform to health and safety regulations.

5.0007. EMERGENCY CAPITAL IMPROVEMENTS
A. Definition. As used in this Section 5.0007, "capital improvements" means work that constitutes the installation of new improvements and facilities and/or the replacement or reconstruction of existing improvements and facilities which consist of more than ordinary maintenance and repairs, and have a useful life of at least five (5) years.

B. Required Findings. Emergency capital improvements pursuant to YMC Section

15.20.085(B) means capital improvements necessary because of damage to or destruction of any improvement, facility, or building or any part thereof in a park where such damage or destruction resulted from or was caused by fire, earthquake or other natural elements; the damage or destruction is not covered by insurance or other third party sources; and which meet all of the following conditions as determined by the City:

1. The emergency resulted from either:
a. An earthquake, fire, storm or other weather condition or other natural element; or the sudden and unexpected damage to, or destruction or failure of the park's sewer, water or other utility system where such utility system was properly and adequately maintained by the park owner and met all applicable health and safety code requirements prior to the occurrence of the damage, destruction or failure of the utility system; or b. The natural element or damage, destruction or failure occurred without any reasonable warning to the park owner such that the park owner did not have any reasonable opportunity to protect the property in advance or which was of such severity that the park owner could not protect the property irrespective of any advance warning.

2. It was necessary for the park owner to immediately perform the work in order to prevent an imminent threat to the health and safety of the park, its residents or neighbors, without first holding a resident meeting and Capital Improvement Election pursuant to the timing requirements set forth in YMC Section 15.20.085(A)(1).

3. All necessary governmental permits and approvals were obtained by the park owner prior to performance of the emergency capital improvements.

4. All necessary governmental approvals and sign -offs were obtained by the park owner upon completion of the emergency capital improvements.

5. The emergency capital improvements were commenced within two weeks of the occurrence of the event causing the imminent threat to the public health and safety.

6. The application for a rent adjustment based on emergency capital improvements was submitted to the City in accordance with the following deadlines:
a. Within (i) one month of completion of the emergency capital improvements, or (ii) within four months from the occurrence of the emergency, whichever occurs later; and
b. Not more than six months from the date of occurrence of the emergency.

The City may excuse the park owner from compliance with this six-month deadline only if the park owner presents evidence demonstrating by clear and convincing evidence that the six-month Mobilehome Park Administrative Rules, Resolution No. 2024-56 09/23/2024 City Council Agenda

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deadline is unreasonable under the circumstances due to factors outside the park owner's control and that the park owner exercised reasonable diligence to file the application within that six- month period.

7. The park owner submits all information and documentation necessary for the City to make the determination that emergency capital improvements were warranted and that a capital improvement rent adjustment is otherwise justified under YMC Section 15.20.085(B) and this Chapter.

C. Application and Hearing Procedures. An application for approval of a rent adjustment based on emergency capital improvements shall be submitted to the RA and processed in accordance with the requirements of YMC Section 15.20.085(A)(2). Appeals to the Hearing Officer shall be processed in accordance with YMC Section 15.20.085(E), 15.20.105 and 15.20.110 and Chapter 1 of these Rules.

D. Burden of Proof.

1. In any application submitted for approval of a rent adjustment based on emergency capital improvements, the park owner shall bear the burden of proof by competent evidence, to demonstrate that all of the requirements of YMC Section 15.20.085(B) and this Chapter are met.

2. In determining whether the park owner met his/her burden of proof that the immediate performance of the work was necessary because of an imminent threat to the health and safety of the park, its residents or neighbors, the City shall consider all relevant evidence, including but not limited to, the following:
a. The ability of the park owner holding a resident meeting and Capital Improvement Ballot Election at the park, or at a location within reasonable distance of the park for the park residents to attend and participate in the resident meeting and election, in accordance with the requirements of YMC Section 15.20.085(A)(1), prior to carrying out the emergency capital improvements.
b. The nature of the threat to the public health or safety caused by the damage or destruction, including but not limited to contamination of the water supply to the residents, unsafe electrical or gas conditions, walls or buildings in danger of imminent collapse, blocking or destruction of access roads, rights -of -way or other areas accessible to or needed by the residents for the conduct of their normal lives or by park management to carry out park operations, or blocking or destruction of other areas, buildings or facilities within the park necessary to park management for park operations.

C. The ability of park management to shut off, screen, or wall or block off the damaged or destroyed property or turn off electricity or other utilities to protect the park, its residents, or neighbors from any imminent health or safety threat, and without impairing the ability of residents to live in their homes with enough visibility to carry out normal activities, and depending on the season, to heat or cool their homes.
d. The importance or necessity of the damaged or destroyed property to the normal lives of the residents and whether such property is necessary for the health or safety of the residents. Common area facilities such as pools, tennis courts, and other recreational amenities or areas, or any portion thereof, shall not be eligible for emergency capital improvements unless the damage or destruction caused an imminent threat to the physical health or safety of the park, its residents or neighbors.

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e. The issuance of any order or citation by any governmental agency ordering the performance of emergency capital improvements in order to provide for the immediate replacement or rehabilitation of the property damaged or destroyed as the direct result of an emergency event described in Subsections (13)(1) and (13)(2) of this Section 5.0007.

Enactment or amendment of a statute, ordinance or regulation requiring modifications to or implementation of equipment, systems or structures to facilities, buildings, or structures within parks shall not fall within this subsection.
f. The length of time between the date of the occurrence of event causing the damage or destruction to the property or improvement and the date of commencement of the improvements.
g. The dates when the park owner applied for and received permits or approvals from other governmental agencies to commence the work. h. The date of actual commencement of the work.
i. The extent or complexity of the work needed to replace or rehabilitate the damage or destruction.
j. The date of completion of the work.
k. The reason(s) for any delay in seeking governmental permits or approvals, commencing or finishing the work.

1. If the park owner did not commence construction of the emergency capital improvements within two weeks of the emergency event resulting in the need for the emergency capital improvements, as required by Subsection (B)(5) of this Section 5.0007, all information and documentation to establish an exception to the two -week commencement period in accordance with YMC Section 15.20.085(B)(1)(c) and Subsection (13)(5) of this Section 5.0007. in. Photographs, notices to park resident representatives, park residents, the City and any other information and documentation relevant to the determination whether performance of the work resulted from an emergency as defined above and was necessary in order to prevent an imminent threat to the health and safety of the park, its residents or neighbors.
n. All documentation and other evidence submitted by the park owner to establish supporting the costs of the emergency capital improvements. o. All documentation and other evidence submitted by the park owner to justifying the proposed claimed interest rate and amortization period to support the claimed capital improvement rent adjustment.

P. If the park owner did not submit the emergency capital improvement rent adjustment application to the City within the time deadline required by Subsection (B)(6) of this Section 5.0007, all reasons and supporting evidence provided by the park owner to justify the delay in submitting the application.
q. Any other information and documentation relevant to the issue whether the performance of the work was an emergency necessary to be carried out without a resident meeting and Capital Improvement Ballot Election in order to prevent an imminent threat to the health and safety of the park, its residents and/or its neighbors.

E. Subsequent Capital Improvement Rent Adjustment Application Following Denial of Emergency Capital Improvement Rent Adjustment Application.

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1. If the City denied an emergency capital improvement rent adjustment application under YMC Section 15.20.085(B) and Section 5.0007 of this Chapter, the City shall not approve a subsequent capital improvement application under YMC Section 15.20.085(A)(1) based on some or all of those same costs, unless the City is able to make all of the following findings. a. The City denied the prior emergency capital improvement rent adjustment application because either (i) the park owner failed to comply with the time deadlines under YMC Section 15.20.085(B)(1)(c) or 15.20.085(B)(1)(d) and Section 5.0007(B)(5) or (6) and (2) of this Chapter, or (ii) the park owner failed to establish that the work was an emergency capital improvement as defined in YMC Section 15.20.020 and Section 15.20.085(A) and 5.0007(A) and (B) (1) and (2) of this Chapter, and
b. The work constitutes a capital improvement as defined in Section

5.0007(A) of this Chapter; and
C. The park owner conducted a resident meeting and Capital Improvement Ballot Election either (i) within three months of the denial of the emergency capital improvement application by the City or (ii) within twelve (12) months of completion of the capital improvements, whichever occurs later; and
d. Either: (i) at least fifty-one percent (51 %) of the residents approved the capital improvements, or (ii) the capital improvements were necessary for the health and safety of the park, its residents or its neighbors; and
e. The subsequent capital improvement rent adjustment application otherwise complies with all other requirements of YMC Section 15.20.085(A) and this Chapter.

2. Prior finding binding. If the City denied the prior emergency capital improvement rent adjustment application because the City determined that the work failed to qualify as a capital improvement (as defined in Subsection (A) of this Section 5.0007), the City's prior finding shall be binding in the City's consideration of any subsequent capital improvement rent adjustment application under YMC Section 15.20.085(A) containing costs for that same work, and no subsequent capital improvement rent adjustment application containing those same costs shall be approved by the City

5.0008. SPECIAL RENT ADJUSTMENT APPLICATION
A. MNOI Rent Adjustment Application under Section 4.0003 or Section 4.0004. If the City denied a park owner's application for a capital improvement application under YMC Section 15.20.085(A) or an emergency capital improvement rent adjustment under YMC Section

15.20.085(B), and the park owner includes some or all of those same costs in a subsequent special rent adjustment application submitted under YMC Section 15.20.100(A) or (B) and Section 4.0003 (MNOI rent adjustment) or Section 4.0004 (Readjusted Base Year NOI) of these Rules, those costs shall be removed and excluded from the base year or current year operating expenses in determining whether the park owner qualifies for the special rent adjustment. In considering such a separate capital improvement application, all of the following provisions shall apply:

1. The capital improvement costs shall be processed by the City as a separate capital improvement application and be heard concurrently with the hearing on the special rent adjustment application.

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2. The City shall not approve a capital improvement rent adjustment based on those costs unless the City finds that all of the following conditions have been met:
a. The park owner conducted a resident meeting and Capital Improvement Ballot Election in accordance with the time deadlines under Section 5.0007(E)(1)(c) of this Chapter; and
b. Either (i) at least fifty-one percent (51%) of the residents approved the work; or (ii) the work separately qualifies as capital improvements necessary for health and safety reasons under YMC Section 15.20.085(A)(1) and Section 5.0006 of this Chapter; and C. The claimed costs qualify as a capital improvement as defined in Section

5.0007(A) of this Chapter; and
d. The claimed costs meet all other application requirements of YMC Section

15.20.085(A)(1) and (2).

3. If the City is unable to make all of the findings required by Subsection (2), the City shall not approve a capital improvement rent adjustment for those expenses. In no event shall the costs of any such alleged capital improvements be included in determining a special rent adjustment under Section 4.0003 (MNOI rent adjustment) or Section 4.0004 (Readjustment to base year NOI) of these Rules.

B. Fair Return Rent Adjustment Application under Section 4.0005. If the City denied a park owner's application for a capital improvement application under YMC Section

15.20.085(A) or an emergency capital improvement rent adjustment under YMC Section

15.20.085(B), and if the park owner includes any or all of those costs in a special rent adjustment application for a fair return under YMC Section 15.20.100(C) and Section 4.0005 of these Rules, all of the following provisions shall apply:

1. Prior Denial of Capital Improvement or Emergency Capital Improvement Rent Adjustment Application.
a. If the City denied the park owner's prior application for a capital improvement rent adjustment or an emergency capital improvement rent adjustment because the work failed to qualify as a capital improvement (as defined in Subsection (A) of Section 5.0007 of this Chapter), the City shall exclude those costs from consideration of the park owner's fair return rent adjustment application under YMC Section 15.20.100(C) and Section 4.0005 of these Rules. The City's prior finding that the work failed to qualify as a capital improvement shall be binding upon the City in any such subsequent fair return rent adjustment application under YMC Section 15.20.100(C) and Section 4.0005 of these Rules. b. If the City denied the park owner's prior application for an emergency capital improvement rent adjustment under YMC Section 15.20.085(B) because the park owner failed to comply with the timing requirements set forth in YMC Section 15.20.085(B)(1)(c) or

15.20.085(B)(1)(d) and Section 5.0007(B)(5) or (6) of this Chapter, the City may consider those costs in a subsequent fair return rent adjustment application only if the work qualifies as a capital improvement as defined in Section 5.0007(A).

C. The failure of the park owner to conduct a resident meeting or Capital Improvement Ballot Election, or to obtain at least 51% consent to the work shall not bar consideration of those costs in determining whether the park owner is entitled to a fair return rent adjustment under YMC Section 15.20.100(C) and Section 4.0005 of these Rules so long as all other requirements of this Subsection (B) of this Section 5.0008 are met.

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2. No prior capital improvement or emergency capital improvement rent adjustment application. If the park owner includes the costs of alleged capital improvements in a fair return rent adjustment application under YMC Section 15.20.100(C) and Section 4.0005 of these Rules, but did not previously file a capital improvement or emergency capital improvement rent adjustment application with the City based on the same work, the City may consider those costs along with other relevant factors to determine if the park owner is entitled to a fair return rent adjustment, only if the City finds that the work qualifies as a capital improvement, as defined in Section 5.0007(A) of this Chapter.

C. Exclusions. Except as otherwise provided in Subsections (A) and (B) of this Section 5.0008, costs incurred in performing any alleged capital improvements shall not be included in any special rent adjustment application under YMC Section 15.20.100 and Sections

4.0003, 4.0004 or 4.0005 of these Rules.

5.0009. IMPROVEMENTS UNNECESSARILY DEFERRED
In reviewing and acting upon a capital improvement rent adjustment application under YMC Section 15.20.085(A) or (B), the RA, or the Hearing Officer on any appeal, shall consider whether the costs of the capital improvement, in whole or in part, could have been minimized or avoided by the park owner through prudent and ongoing repair and maintenance activities. To the extent that the need for or extent of the claimed capital improvement was exacerbated through unnecessarily deferred, negligent or otherwise improper repair and maintenance or other acts or omissions of the park owner, said costs shall be disregarded in determining the amount of any capital improvement rent adjustment otherwise determined to be appropriate, but shall not be grounds to deny a capital improvement rent adjustment if all other requirements of YMC Section

15.20.085(A) or (B) and this Chapter are met, as determined in the discretion of the RA or the Hearing Officer (on appeal). The RA or Hearing Officer, on any appeal, may further condition the approval of any capital improvement rent adjustment application in order to ensure that future ongoing repair and maintenance activities will be taken by the park owner to minimize or avoid the need for replacement or reconstruction of said capital improvement in the future. Such conditions include, but are expressly not limited to, a condition providing that should the capital improvement not last the duration of the amortization period, the park owner may not pass on all or a portion of the cost of any replacement or reconstruction of the same capital improvement to the park residents.

5.0010. CERTIFICATION OF CAPITAL IMPROVEMENTS
A. If a park owner intends to apply for a capital improvement rent adjustment for expenses incurred in carrying out street improvements or flatwork improvements (e.g., sidewalks, driveways, patios), the application shall include a certification signed by a registered or licensed civil engineer verifying the following:

1. That the work was carried out under the supervision of a licensed or certified engineer to make sure that the capital improvements were properly constructed in accordance with the proposal, contract or bid;

2. That the improvement meets the standards required by the City of Yucaipa AC Pavement Specifications or other engineering standards to ensure adequacy of access and parking throughout the area of the improvement in accordance with the requirements of Title 25 of the California Code of Regulations;
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3. That the improvement complies with all grading and drainage requirements of Title 25 including but not limited to the urban storm water runoff management requirements of the applicable MS-4 permit issued by the California State Regional Water Quality Control Board;

4. To the extent that the area of improvement qualifies as a place of public accommodation under the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.) (ADA), that the improvement complies with all applicable accessibility requirements of the ADA, including but expressly not limited to parking;

5. That the improvement will maintain the existing circulation and access for fire, life safety, service vehicles and trash trucks; and

6. That the improvement will be inspected and tested upon completion to ensure compliance with the required standards as indicated in item 2 above.

B. The application for a capital improvement rent adjustment shall not be deemed complete by the rent administrator under YMC §§15.20.085(A)(2) and 15.20.105 unless the application contains this certification. In the event that the applicant fails or refuses to submit the certification, the application shall be processed in accordance with YMC §§15.20.085(A)(2) and 15.20.105, and the rent administrator or Hearing Officer may consider the failure or refusal to submit the certification in determining whether the applicant (or appellant) met his or her burden of proof that he or she is entitled to a capital improvement rent adjustment.

5.0011. APPLICABILITY OF THESE ADMINISTRATIVE RULES. (Renumbered

5.0010 as 5.0011)
These Administrative Rules shall apply to all Capital Improvements performed after the adoption of the Rent Stabilization Ordinance. A capital improvement increase may be granted if it was completed between April 1, 1988 and the adoption of the moratorium on rent increases by Ordinance No. 36 on June 6, 1990, provided that:

A. No rent increase has been charged based upon or including the cost of the capital improvement; and
B. The improvement meets the definition of capital improvements set forth in YMC Section 15.20.020.

CHAPTER 6. TEMPORARY RENT ADJUSTMENT FOR SPECIAL RENT ADJUSTMENT

APPLICATION AND HEARING COSTS INCURRED BEFORE THE

HEARING OFFICER

6.0001. SCOPE
A park owner may request a temporary rent adjustment for application and hearing costs incurred by the Park Owner in connection with a successful special rent adjustment application submitted under Section 15.20.100 of the Ordinance, and Chapter 4 of these Rules, subject to the following requirements.

6.0002. ELIGIBILITY AND BURDEN OF PROOF
A. A Park Owner may recover the reasonable cost of professional services actually incurred in presenting the owner's application to the Hearing Officer, through a temporary rent Mobilehome Park Administrative Rules, Resolution No. 2024-56 09/23/2024 City Council Agenda

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adjustment, if the park owner successfully obtains approval of a special rent adjustment under Section 15.20.100 of the Ordinance pursuant to a final decision of the Hearing Officer.

B. The park owner shall bear the burden of proof to demonstrate, by substantial evidence, that he/she is entitled to a temporary rent adjustment under this Chapter, including that he/she is the prevailing party on the special rent adjustment application, the amount of the costs incurred in the Hearing Officer proceedings, that he/she actually incurred such costs, the reasonableness of the costs, that the claimed costs bear a reasonable relationship to the special rent adjustment awarded by the Hearing Officer pursuant to YMC 15.20.100 based on the factors set forth in Section 6.0004(B) of these Rules, and the amount of the proposed temporary rent adjustment.

6.0003. DEFINITIONS
As used in this Chapter, the following terms shall have the following meanings:

A. "Fees, costs and other expenses" means hourly rates, lump sum charges based on specific tasks or projects, and duplication costs. "Fees, costs and other expenses" shall exclude all of the following: costs to recover documents from storage, costs to compile documents from computer records or other electronic records, development of software programs, and costs to print information or documents from a computer or other electronic device.

B. "Final Decision" means either (i) a final decision issued by the RA on a rent adjustment application based on capital improvement when no timely appeal is filed, or (ii) a final decision issued by the Hearing Officer when a timely appeal from the RA's decision on the application is filed, or (iii) a final decision issued by the Hearing Officer on a special rent adjustment application.

C. "Prevailing Party" means a park owner who obtains approval of a special rent adjustment pursuant to a final decision of the City.

D. "Professional Services" means:

1. Legal, accounting, financial, appraisal, bookkeeping, property management, or engineering services actually incurred by the Park Owner in presenting his/her successful special rent adjustment application to the Hearing Officer; except that legal expenses shall not include any legal expenses included as an operating expense for the Current Year under Section

4.0003(D) of these Rules; and

2. Legal expenses must be performed by an attorney duly licensed to practice before the courts of the State of California, and any certified paralegal working under the supervision of any such attorney; and shall exclude costs for secretarial or other clerical services or expenses.

3. Accounting services shall be performed by a Certified Public Accountant, or an accountant working directly under the supervision of a CPA; other financial analyses shall be performed by person(s) with the requisite degree or license in their area of expertise.

E. "Relevant geographical area" means the City of Yucaipa and the County of San Bernardino; provided that, a park owner may submit evidence of factors justifying use of a geographical area in addition to, or in place of, the geographical area required by this section, if the park owner may demonstrate that based upon the services provided, a different or broader geographical area is more representative of the reasonable costs incurred by the park owner in connection with the application.

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F. "Special Rent Adjustment" means a rent adjustment approved pursuant to Section

15.20.100 of the Ordinance and Chapter 4 of these Rules.

G. "Substantial evidence" means evidence as defined in Section 1.0007(F) of these Rules.

6.0004. PROCEDURES
A. Application Form and Timing. A park owner who intends to seek recovery of the reasonable costs of professional expenses incurred by him/her in presenting his/her application to the Hearing Officer, shall be required to submit his/her request as part of his/her application for a special rent adjustment in accordance with the requirements specified in the City -approved form.

B. Factors to Determine Reasonableness of Fees, Costs and Other Expenses. Any award of fees, costs and other expenses awarded for professional services under this Chapter shall be awarded only if the Park Owner demonstrates by substantial evidence that he/she is the prevailing party, that such fees, costs and other expenses for professional services were reasonably incurred and that said fees, costs and other expenses were reasonable in amount. The Hearing Officer shall consider all relevant factors, including but not limited to, the following:

1. Whether the services were performed by a person possessing a duly issued license or certificate in accordance with applicable state, local or federal requirements, as applicable.

2. The experience of the person who performed the services in connection with the application or appeal.

3. Whether the services and/or resulting costs were unnecessarily duplicative, including but not limited to use of multiple personnel and/or excessive time incurred, given the nature and complexity of the issues, and experience of the professional(s).

4. The rate charged for those professional services in the relevant geographic area.

5. The complexity of the matter.

6. Whether the records provided in support of the claimed costs reflect business practices consistent with the industry standard, such as well -documented records and contemporaneously prepared at the time services were rendered.

7. Whether the records provided reflect work duplicative of work presented in other proceedings and not correlated to specific work performed in the present proceeding.

8. Whether, and to what extent, the costs incurred reflect unwarranted delay or extended hours intended to maximize the cost rather than complete the tasks in a reasonable period of time.

9. Whether, and to what extent, the party claiming such costs refuses or fails to disclose details of the work performed, and the reasons for such failure or refusal.

10. The relationship of the result obtained to the expenses, fees, and other costs incurred (that is, whether professional assistance was reasonably related to the result achieved) and consistent with the purposes and intent of the Ordinance and these Rules in relation to any special rent adjustment sought under the Ordinance and these Rules, including but not limited to the amount of the Applicant's requested special rent adjustment and supporting methodologies contained in the Applicant's special rent adjustment application.

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In approving any temporary rent adjustment, the Hearing Officer may make adjustments to the Applicant's claimed expenses based upon its findings with respect to the factors set forth in this Subsection (B) and all other provisions of this Chapter." C. Documentation Required. A Park Owner who seeks a temporary rent adjustment for recovery of fees, costs and other expenses for professional services pursuant to this Chapter shall be required to submit the following information and documentation with his/her request for a temporary rent adjustment:

1. The retainer agreement or other contract reflecting the hourly rate or other charge, the scope or assignment of work to be performed, the specific tasks to be performed, by the professional, and the person(s) who assigned or determined the specific tasks to be performed by the professional.

2. Documentation reflecting actual hours incurred and specific tasks performed, with sufficient detail for the Hearing Officer to determine whether the factors set forth in the Ordinance and this Chapter have been met by the park owner seeking recovery of costs.

3. A declaration or affidavit signed under penalty of perjury by the person performing each professional service, confirming his/her performance of the services, the relevance of the tasks to the application or appeal at issue, and the reasonableness of the claimed costs and all other factors as required by the City -approved form.

4. A declaration or affidavit signed under penalty of perjury by the park owner or designated representative, certifying that such party has paid, or is obligated to pay, for such costs incurred by the professional on his/her behalf in connection with the hearing on the special rent adjustment application.

5. Any additional information or documentation required by the RA and/or the Hearing Officer that is reasonably necessary to assist the City in determining whether an application should be granted.

D. Application Processing_ An application for a temporary rent adjustment to recover fees, costs and other expenses for professional services shall be processed in accordance with and subject to the procedures set forth in YMC Section 15.10.116 and Chapter 4 of these Rules.

E. Hearing Officer Award to Successful Park Owner; Final Decision.

1. At the conclusion of the hearing on a special rent adjustment application, if the park owner is the prevailing party on such application, the Hearing Officer shall also have the authority to deny, approve, or approve a modified temporary rent adjustment to the park owner in accordance with this Chapter 6. The Hearing Officer's final decision shall be included in the written decision on the underlying special rent adjustment application, and shall include:
(a) findings pursuant to Section 15.20.116 of the Ordinance and Administrative Rule §6.0004(B); and
(b) if the application is granted, (i) the amount of the temporary rent adjustment and the reasons therefore; (ii) the amortization period; (iii) the expiration date for the temporary rent adjustment, (iv) the right of each resident to pay the temporary rent adjustment in a lump sum; (v) a provision prohibiting park management from demanding, collecting or retaining any temporary rent adjustment after its expiration date; and (vi) a provision prohibiting park Mobilehome Park Administrative Rules, Resolution No. 2024-56 09/23/2024 City Council Agenda

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management from including the temporary rent adjustment in the base rent for purposes of future permissive, capital improvement and special rent adjustments; or (c) if the application is denied, the basis for denial of any such temporary rent adjustment.

2. In determining the amount of a temporary rent adjustment, the Hearing Officer shall calculate the amount owed if any resident chooses to pay the temporary rent adjustment in one lump sum rather than over a five-year period, without the payment of any interest; and the Hearing Officer shall also calculate the amount owed as a temporary rent adjustment over a five- year period, including interest at the rate of seven percent (7%) per year, compounded monthly.

Any resident may pay the temporary rent adjustment in one lump sum so long as such resident pays the lump sum in full no later than thirty (30) days following the final decision by the Hearing Officer. Upon payment in full of the temporary rent adjustment, the resident shall be deemed to have fully paid such adjustment, and the temporary rent adjustment shall not be included on any statement issued to the resident thereafter.

3. The Hearing Officer's decision on any temporary rent adjustment to recover hearing costs shall be final.

CHAPTER 7. RENT ADJUSTMENT BASED ON DISCONTINUANCE OR REDUCTION OF

A SERVICE OR AMENITY

7.0001. PURPOSE AND SCOPE
A. The purpose of this Chapter is to establish a procedure for park owners and residents to submit applications for a rent decrease due to the substantial reduction or elimination of services or amenities provided to the residents under the following circumstances:

1. The cost of the service or amenity is included in the space rent and either:
(a) Reduction in Service or Amenity. The park owner reduced (or proposes to reduce) a service or amenity to a level substantially below the level provided to the residents since the most recent rent adjustment approved under the Ordinance (or since the last rent increased imposed on a space previously exempt from the Ordinance under a long-term rental agreement entered into under Civil Code Section 798.17); or (b) Discontinuance of Service or Amenity. The park owner discontinued (or proposes to discontinue) a service or amenity in its entirety to the park residents since the most recent rent adjustment approved under the Ordinance (or since the last rent increase imposed on a space previously exempt from the Ordinance under a long-term rental agreement entered into under Civil Code Section 798.17); and

2. The reduction or discontinuance in the service or amenity will result in a substantial cost saving to the park owner; and

3. The park owner fails to demonstrate that the rent decrease will preclude the park owner from earning a fair return on the park.

B. In determining if the cost of the service or amenity is included in the space rent under Subsection (A), whether such service or amenity is listed in the park's initial or annual registration statement may be considered but shall not be the sole or conclusive factor in determining if the service or amenity is included in the space rent.

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C. Applications for a decrease in rent based on the discontinuance or reduction of a service or amenity may be filed by the park owner or a park resident.

D. Eligible Services or Amenities.

1. The types of services or amenities that this Chapter applies to include but are not limited to the following: vehicle and/or RV parking; storage facilities, areas or services; laundry room or facilities; security gates, fences or services; landscaping, grounds keeping or other janitorial or maintenance services; on -site or off -site management; clubhouse, pool, spa or other recreational facility or amenity; heating; air-conditioning; hot and/or cold water, provided that, the discontinuance of hot water in any facility, building or area shall not constitute a reduction or discontinuance of a service for which a rent decrease may be granted if hot water is not required by applicable law, so long as water service itself is provided; and painting (if painting for exterior common areas or facilities is not done at least once every seven years, or if painting for interior common areas of facilities is not done at least once every four years unless the park owner can show that painting was not necessary because it is still in good condition).

2. The failure to include any service or amenity in this list shall not in any manner preclude a park owner from submitting an application to decrease rents for any reason.

3. Minor (De Minimis) Conditions. In some cases, the reduction or discontinuance of certain services or amenities may have only a minimal impact on park residents, do not violate any applicable health and safety laws or regulations, do not affect the use and enjoyment of the premises, and may exist despite regular maintenance of services or amenities. Such conditions are considered to be minor or de minimis in nature, and shall not provide the basis for a rent decrease under YMC Section 15.20.090 or Chapter 7 of these Rules. a. Schedule "A" to this Chapter contains a schedule of conditions that generally do not constitute the discontinuance of or reduction in a service or amenity. However, this schedule is not intended to be exclusive, and is not determinative in all cases and under all circumstances. There may be circumstances where a condition, although included on Schedule A, will nevertheless be found to constitute a reduction or discontinuance of required service or amenity that may provide the basis for a rent decrease under YMC Section 15.20.090 and this Chapter.
b. In determining whether a condition is de minimis, the City may consider the passage of time during which a disputed service was not provided, and during which no complaint was filed by any resident alleging failure to maintain such disputed service, as evidencing that such service condition is de minimis, and does not constitute a failure to maintain a required service. Any such passage of time shall be measured without reference to any changes in park ownership or the occupants of the subject mobilehome space.

4. Services Required by Law. Services or amenities required to be provided by federal or state laws or regulations, such as the Mobilehome Residency Law, State Housing Laws, shall not be treated as de minimis under YMC Section 15.20.090 or this Chapter.

7.0002. BURDEN OF PROOF
A. The applicant shall have the burden of proof to demonstrate, by substantial evidence, that a service or amenity was discontinued or reduced, that the reduction or discontinuance of a service or amenity resulted in a substantial cost savings to the park owner, and the proportionate amount of such cost savings that must be passed on to the affected mobilehome park spaces as a rent decrease.

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B. If the park owner contends that a proposed rent decrease will preclude the park owner from earning a fair return, the park owner shall bear the burden of proof and the burden of producing evidence to establish on this issue, regardless of who submitted the application for a rent decrease to the City.

C. Failure of an applicant to submit a complete application may be considered by the Hearing Officer in determining whether the applicant met his/her burden of proof to demonstrate that he/she is entitled to a rent decrease under this Chapter, and/or the amount of such rent decrease.

7.0003. DEFINITIONS
As used in this Chapter, the following terms shall have the following meanings:

A. "Rent decrease" means an adjustment reducing rents pursuant to Section

15.20.090 of the Ordinance and this Chapter.

B. "Substantial evidence" means evidence as defined in Section 1.0007(D) of these Rules.

7.0004. GENERAL APPLICATION REQUIREMENTS
The following requirements shall apply to all applications for a rent decrease based on the discontinuance or reduction of a service or amenity filed by a park owner or park resident under Section 15.20.090 of the Ordinance:

A. Format. The applicant shall submit one copy of the application, all supporting information and documentation, and the filing fee, along with a copy of the application in electronic format Opeg or pdf format). The application and all supporting information and documentation shall be submitted in accordance with the City -approved forms.

B. Filing Fee. Concurrently with filing the application, the applicant shall pay a filing fee of $1,750.00. The filing fee may be periodically updated by Resolution of the City Council. No application shall be deemed complete or set for hearing unless the applicant has paid the required filing fee.

C. Service and Posting. The application shall be served and posted by the applicant in accordance with Section 1.0004 of these Rules. Proof of service and posting shall be filed with the application.

D. Declaration. The application shall be accompanied by a declaration or affidavit signed under penalty of perjury, in accordance with the City -approved forms, certifying that a copy of the application was posted and _served in accordance with the Ordinance and these Rules; and that all information and documentation contained in the application is true and correct.

E. Resident Meeting. Prior to submittal of an application for a rent decrease under this Chapter, the park resident or park owner may request a resident meeting to discuss the proposed application. Documentation of the meeting should be maintained, including sign -in sheets, notice of meeting, materials handed out at the meeting, and a record of any vote or other action taken at the meeting, and any such documentation should be filed with the application.

The City strongly encourages park residents to hold a meeting with the park owner to facilitate and streamline the application and hearing process and clarify the issues, but failure to hold the resident meeting shall not preclude the granting of an application under this Chapter.

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F. Reduction in Service or Amenity. In considering an application for a rent decrease based on the reduction in a service or amenity, only substantial reductions in services or availability of an amenity that will result in significant cost savings to the park owner can be the basis of a rent decrease under this Chapter.

G. Evidence. A proposed rent decrease must be supported by competent written or oral evidence. Mere speculation shall not be sufficient to support a rent decrease under this Chapter.

7.0005. PARK RESIDENT APPLICATION FOR RENT DECREASE
In addition to the requirements set forth in Section 7.0004, the following provisions shall apply to all applications submitted by park residents (or park resident representative) for a rent decrease under YMC Section 15.20.090 and this Chapter.

A. Resident Request for Restoration of Service or Amenity. A resident who intends to file a rent decrease application shall, at least thirty (30) days but not more than sixty (60) days prior to filing the application, serve on the park owner and manager a notice of intent to file an application for a rent decrease and request for restoration of services or amenity. Service may be accomplished by personal delivery upon the park owner and park manager, or by deposit in the U.S. Mail, first-class delivery, postage prepaid. The notice of intent shall be accompanied by proofs of service on the park owner and manager, and a declaration under penalty of perjury certifying that the notice has been served in accordance with the Ordinance and these Rules and that the information contained in the notice of intent is true and correct. The notice of intent and supporting documents shall be in accordance with the City -approved forms. If the park owner fails to restore the service or amenity to the prior condition or level within thirty (30) days of service of the notice of intent on the park owner and manager, the resident or resident representative(s) may file an application for a rent decrease in accordance with this Chapter.

B. Application contents. An application for a rent decrease filed by a park resident based on the discontinuance or reduction of a service or amenity under YMC Section

15.20.090(B) shall contain all of the following information and documentation in addition to the requirements of Section 7.0004 and Subsection (A) of this Section 7.0005.

1. Applicant information. The complete name, address and telephone number of the applicant, and each person joining in the application; and if the applicant is a representative of a park resident(s), the representative capacity of the applicant (including but not limited to the name(s) of the person(s) upon whose behalf the application is submitted), and written documentation of the applicant's authority to submit the application on behalf of that park resident(s).

2. Request for restoration of services. A copy of the request for restoration of services, served and posted by the applicant in accordance with Subsection (A) of this Section

7.0005, and any response received from the park owner or manager in response to the request.

3. Resident meeting. Documentation establishing any resident meeting held with the residents and park owner prior to submittal of the application.

4. Prior rent decrease. If, as of the time of filing the application, the park owner has already decreased the rent due to the discontinuance of or reduction in the service or amenity, all of the following information must be provided: the amount of the rent decrease; the date of notice of the rent decrease; the effective date of the rent decrease; the explanation given by the park owner for the rent decrease; any documents or other information provided by the park Mobilehome Park Administrative Rules, Resolution No. 2024-56 09/23/2024 City Council Agenda

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owner to support the rent decrease; and why the applicant contends the amount of the rent decrease is insufficient.

5. Discontinuance of service or amenity. An application for a rent decrease based on discontinuance of a service or amenity filed by a park resident shall contain all of the following additional information and documentation:
a. A detailed explanation of the service or amenity discontinued. Examples include removal of all on -site laundry machines, elimination of all on -site manager services or maintenance services, or the closing of the pool, clubhouse or on -site manager's office. De minimis conditions shall not be included.
b. Photographs of the before and after -condition (where feasible).

C. The date that the service or amenity was initially provided. d. The date the service or amenity was discontinued.
e. Whether the park owner agrees that the service or amenity was discontinued.
f. The reason(s), if any, provided by the park owner to the resident(s) for the discontinuance of the service or amenity.
g. The amount of the rent decrease requested by the applicant, and the methodology used by the applicant to determine the amount of the rent decrease. h. The cost savings to the park owner resulting from the discontinuance of the service or amenity, and the methodology used by the applicant to determine the cost savings. i. Whether the park owner agrees with the amount of the rent decrease requested by the applicant.
j. Any impact on resident health and safety as a result of the discontinuance of the service or amenity.

6. Reduction in Service or Amenity. An application for a rent decrease based on the reduction of a service or amenity filed by a park resident shall contain all of the following additional information and documentation:
a. A detailed explanation of the facts demonstrating the reduction in the service or amenity provided. Relevant evidence includes but is not limited to a detailed description of the service or amenity provided prior to the reduction in the service or amenity, and a detailed description of the level of service or amenity provided as of the date of the application. Only substantial reductions in services or availability of an amenity that will result in significant cost savings to the park owner can be the basis of a rent decrease under this section. De minimis conditions shall not be included.
(1) Examples include a substantial reduction in the number of months a pool is open or heated; a substantial reduction in the number of days on which the clubhouse is open and available to residents or a substantial decrease in the number of hours the clubhouse is open each day.
(2) The written explanation shall include an explanation of the level of service or amenity provided in the park as of each of the following dates: (i) date of commencement of the tenancy of the applicant and any other affected residents in the park; (ii) dates during which the prior level of the service or amenity was provided to the tenant and other Mobilehome Park Administrative Rules. Resolution No. 2024-56 09/23/2024 City Council Agenda

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affected residents prior to the reduction in the level of the service or amenity; (iii) level of the service or amenity provided during each of the last five years up to and including the date of the reduction of the service or amenity; and (iv) current level of service provided. b. Photographs of the before and after -condition (where feasible).

C. The date that the service or amenity was initially reduced. If reductions occurred over a period of time, the dates of such reductions. d. Whether the park owner agrees that the service or amenity has been reduced.
e. The reason(s), if any, provided by the park owner to the resident(s) for reducing the service or amenity.
f. Any impact on resident health and safety as a result of the reduction of the service or amenity.
g. The cost savings to the park owner resulting from the reduction of the service or amenity, and the methodology used by the applicant to determine the cost savings. h. The amount of the rent decrease requested, and the methodology used by the applicant to calculate the rent decrease due to the reduction of the service or amenity. i. Whether the park owner agrees with the amount of the rent decrease requested by the applicant.

7. Park owner notification. Any documents issued by the park owner to the applicant or other residents prior to the date of the application, explaining or describing the services or amenities provided by the park owner to the residents, any changes or reductions in such services or amenities and the dates of such changes or reductions.

8. Governmental citations or orders. Any notices, orders or findings issued by any other state, federal or local agency confirming or addressing the alleged reduction or discontinuance of the service or amenity, or any finding that a service or amenity is inadequate or does not comply with the law.

9. Any additional information or documentation required by the RA and/or the Hearing Officer that is reasonably necessary to assist the City in determining whether an application should be granted.

C. Park Owner Response to Park Resident Application for Rent Decrease. Within twenty (20) days of service of the application on the park owner by the RA, the park owner may file a response to the resident's application in accordance with this section.

1. Service and posting. The park owner's response shall be served on the park residents and park resident representatives in accordance with Section 1.0004 of these Rules, and filed with the City in accordance with YMC Sections 15.20.090(B) and 15.20.100(E).

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b. If the park owner denies that the service or amenity has been reduced or discontinued, all facts and documents supporting the park owner's contentions.

C. If the park owner agrees that the services or amenities were reduced or discontinued for a period of time, but have been restored to their previous level(s), the park owner shall include information and documentation demonstrating (i) the date(s) when the service or amenity was reduced or discontinued; (ii) the reason(s) why the service or amenity was reduced or discontinued; (iii) the date(s) that the service or amenity was restored to its prior level; (iv) that the service or amenity has been restored to the prior level, when it was so restored, and whether the residents have been so notified.
d. Whether the park owner agrees with the amount of the rent decrease proposed by the application.

C. If the park owner disagrees with the amount of the proposed rent decrease, the facts and documents supporting the park owner's contentions. f. If the park owner contends that any rent reduction requested by the residents will prevent the park owner from earning a fair return, the park owner shall include the factual basis for his/her position and all supporting information and documentation, including but not limited to the information and documentation required by Section 7.0005 of these Rules.

3. Proof of Service and Posting. The response shall include the proof of service and posting and declaration under penalty of perjury required by Sections 1.0004 of these Rules.

4. Declaration. A declaration or affidavit signed under penalty of perjury by the person filing the response, certifying that a copy of the response was served on the applicant and the applicant's designated representative, if any; and posted in the park in accordance with these Rules, and that all information contained in the response is true and correct, in accordance with the City -approved forms.

7.0006. PARK OWNER APPLICATION FOR A RENT DECREASE
In addition to the requirements set forth in Section 7.0004, the following provisions shall apply to all park owner applications for a rent decrease.

A. Park Owner Notice of Intent to File Application. A park owner who intends to file a rent decrease application shall, at least thirty (30) days but not more than sixty (60) days prior to filing the application, notify the affected park residents, and the park resident representative(s), in writing of the service or amenity that the park owner will discontinue or reduce and the basis therefor, and the amount of rent by which the park owner intends to reduce the rent. Service may be accomplished by personal delivery upon the residents, or by deposit in the U.S. Mail, first-class delivery, postage prepaid. A copy of the notice shall also be posted in each of the following three locations: the park office, the clubhouse and one other location mutually accessible to the park residents and owner. The notice shall be accompanied by proofs of service of the notice on residents and a declaration signed by the park owner or park owner representative under penalty of perjury, certifying that the notice has been served and posted in accordance with the requirements of this Chapter and the Ordinance, and that the information contained in the notice of intent is true and correct. The notice and accompanying documents shall be in accordance with the City -approved forms.

B. Application contents. An application by the park owner for a decrease in rent based on the discontinuance or reduction of a service or amenity under YMC Section 15.20.090 Mobilehome Park Administrative Rules, Resolution No. 2024-56 09/23/2024 City Council Agenda

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shall contain all of the following information and supporting documentation in addition to the requirements of Section 7.0004 and Subsection (A) of this Section 7.0006.

1. Applicant Information. The complete name, address and telephone number of the park owner, and if the applicant is a representative of the park owner, the representative capacity of the applicant (including but not limited to the name(s) of the park owner upon whose behalf the application is submitted), and written documentation of the applicant's authority to submit the application on behalf of that park owner.

2. Notice of Intent. A copy of the notice of intent to file application served on the residents and posted in accordance with Section 7.0004 of this Chapter, and the response(s) of the residents, if any, to the notice of intent.

3. Resident Meeting. Documentation establishing any resident meeting held with the residents and park owner prior to submittal of the application.

4. Prior Rent Decrease. If, as of the time of filing the application, the park owner has already decreased the rent based on the proposed discontinuance of or reduction in the service or amenity, all of the following information: the amount of the rent decrease, the date of notice of the rent decrease, the effective date of the rent decrease, the explanation given by the park owner to the residents for the rent decrease, and any documents or other information already provided by the park owner to the residents to explain the rent decrease.

5. Discontinuance of Service or Amenity. An application for a rent decrease based on the proposed discontinuance of a service or amenity filed by a park owner shall contain all of the following additional information and supporting documentation:
a. A detailed explanation of the service or amenity proposed to be discontinued. Examples include removal of all on -site laundry machines, elimination of all on - site manager services or maintenance services, or the closing of the pool, clubhouse or on -site manager's office. De minimis conditions shall not be included. b. The date that the service or amenity was initially provided.

C. The date the park owner proposes to discontinue the service or amenity. d. The reason(s) for the proposed discontinuance of the service or amenity. e. The amount of the rent decrease requested by the applicant, and the methodology used by the applicant to calculate the rent decrease. f. The cost savings to the applicant that will result from the proposed discontinuance of the service or amenity, and the methodology used by the applicant to determine the cost savings.
g. Whether the park residents agree with the amount of the proposed rent decrease requested by the applicant.
h. Any impact on resident health and safety that would occur as a result of the discontinuance of the service or amenity.

6. Reduction in Service or Amenity. An application for a rent decrease based on the proposed reduction of a service or amenity filed by a park owner shall contain all of the following additional information and documentation:
a. A detailed explanation of the proposed reduction in the service or amenity.

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detailed description of the level of the service or amenity or service currently provided, and the level of service or amenity proposed to be provided. Only substantial reductions in services or availability of an amenity that will result in significant cost savings to the park owner can be the basis of a rent decrease under this section. De minimis conditions shall not be included. (1) Examples include a substantial reduction in the number of months a pool is open or heated; a substantial reduction in the number days on which the clubhouse is open and available to residents or a substantial decrease in the number of hours the clubhouse is open each day.
(2) The written explanation shall include an explanation of the level of service or amenity provided in the park as of each of the following dates: (i) dates of commencement of the tenancy of the affected residents in the park; (ii) dates during which the level of the service or amenity was previously reduced, if any; (iii) dates during which the level of the service or amenity was restored to the prior level(s); (iv) current level of the service or amenity provided as of the date of the application; and (v) level of service proposed to be provided after the reduction in the level of the service or amenity. b. Photographs of the before and after -condition (where feasible).

C. The reason(s) for the proposed reduction in the level of service or amenity to be provided.
d. The reason(s), if any, provided by the park owner to the resident(s) for the proposed reduction in the level of the service or amenity. e. Any impact on resident health and safety as a result of the reduction of the service or amenity.
f. The cost savings to the park owner resulting from the proposed reduction of the service or amenity, and the methodology used by the applicant to determine the cost savings.
g. The amount of the rent decrease requested, and the methodology used by the applicant to calculate the rent decrease due to the reduction of the service or amenity. h. Whether the park residents agree with the amount of the rent decrease requested by the applicant.

7. Park resident notification. Any documents issued or provided to the residents prior to the date of the application, which such documents set out or explain the services or amenities provided by the park owner to the residents during the period covered by the prior rent increase(s), any changes or reductions in such services or amenities and the dates of such changes or reductions.

9. Any additional information or documentation required by the RA and/or the Hearing Officer that is reasonably necessary to assist the City in determining whether the application should be granted.

C. Park Resident Response to Park Owner Application. Within twenty (20) days of service or a copy of the notice of the application on the park residents by the RA (or within Mobilehome Park Administrative Rules, Resolution No. 2024-56 Page 55 09/23/2024 City Council Agenda 258

twenty (20) days of service of the application on the park resident representative by the RA), the park residents (or park resident representative) may file a response to the park owner's application in accordance with this section.

1. Service and posting. The park resident's response (or response of the resident representative) shall be served on the park owner and park owner's designated representative, if any, in accordance with Section 1.0004 of these Rules, and filed with the City in accordance with YMC Sections 15.20.090(B) and 15.20.100(E).

2. Content of Response. The response shall contain all of the following information, and supporting documentation, in addition to any other information or documentation required by the Ordinance and these Rules:
a. Whether the park resident(s) agrees with the amount of the rent decrease requested in the application.
b. If the park resident(s) disagree with the amount of the proposed rent decrease, all of the facts and documents supporting their contentions.

C. If the park resident(s) contend that other services or amenities were reduced or discontinued, the facts and documents supporting their contentions. d. If the park resident(s) contend that the service or amenity cannot be discontinued or reduced because such service or amenity is required by other laws or to maintain health and safety and/or habitability standards, the response shall specify the laws or regulations requiring that such service or amenity be maintained at their prior level and the specific health or safety reasons that such service or amenity must be maintained, and all supporting documentation.
e. Any other information and documentation supporting the park resident's response to the park owner's application and relevant to the issues for determination under YMC Section 15.20.090(A) and this Chapter.

3. Proof of Service and Posting. The response shall include the proof of service and posting and declaration under penalty of perjury required by Section 1.0004 of these Rules.

7.0007. RENT ADMINISTRATOR REVIEW
A. Application Processing_ Upon receipt of the application, the RA shall review the application and determine whether it is complete, in accordance with YMC Section 15.20.105 and Section 4.0002 of these Rules.

B. Utility Services. If a park owner provides utility services to a mobilehome space discontinues or eliminates such service by separate metering or other lawful means of transferring responsibility for payment from the park owner to the resident(s) of such space, the prospective rent decrease resulting from such transfer shall be determined in accordance with Civil Code Section 798.41, or any successor statute. As used in this Subsection (B) the term "utilities services" means natural gas or liquid propane gas, electricity, water, cable television, Mobilehome Park Administrative Rules, Resolution No. 2024-56

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garbage or refuse service, and sewer service, or as Civil Code Section 798.41 may be amended from time to time.

C. Repairs. For purposes of evaluating an application under this Chapter, the park owner's removal of a service or amenity to have it repaired shall not be grounds for a rent decrease so long as the park owner returns the service or amenity in good working order within a reasonable period of time.

7.0008. PROCEEDINGS
A. Hearing. The hearing shall be conducted in accordance with Chapter 1 of these Rules.

B. Hearing Officer Decision. At the conclusion of the hearing on an application to reduce rent under this Chapter, the Hearing Officer shall have the authority to approve, approve a modified rent decrease, or deny a rent decrease to the applicant. The Hearing Officer's decision shall be issued in writing and shall contain findings of fact in support of the decision. The Hearing Officer's decision shall include the amount of the monthly decrease in rent for each space, and the commencement date of the rent decrease.

C. Final Decision. The Hearing Officer's decision on any rent decrease in rent shall be final.

7.0009. CHAPTER 7 — SCHEDULE A - DE MINIMIS CONDITIONS
(reference: Section 7.0001(D)(3)(a) of Chapter 7)
Minimal changes (also known as "de minimis conditions") do not qualify for a rent decrease under YMC Section 15.20.090 or this Chapter. The following list provides examples of de minimis conditions.

1. Air Conditioning: Failure to provide air-conditioning in non -enclosed public areas, such as hallways, stairwells, and other similar areas.

2. Appliances, Clubhouse and other Common Area: Chips on appliances, counter tops, fixtures or tile surfaces; color -matching of appliances, fixtures or tiles.

3. Building Entrance Door: Removal of canopy over door; changes in door -locking devices, where security or access is not otherwise compromised.

4. Carpeting: Change in color or quality under certain circumstances; isolated stains on otherwise clean carpets; frayed areas which do not create a tripping hazard.

5. Cracks: Sidewalk cracks which do not create a tripping hazard; cracks in walls and ceilings that do not constitute any health or safety hazard, provided there is no water leak; street cracks which do not create any traffic hazard and which otherwise comply with the law where such streets are otherwise regularly maintained.

6. Decorative Amenities: Modification (e.g., fountain replaced with rock garden); removal of some or all for aesthetic reasons.

7. Doors: Lack of alignment, provided the condition does not prevent proper closing or locking of entrance doors or closing of interior doors.

8. Floors: Failure to provide furnishing, refinishing or waxing; discrete areas in need of cleaning or dusting, where there is evidence that janitorial services are being regularly provided and most areas are clean (See also Janitorial Services, Subsection 12).

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9. Parking: Any condition that does not interfere with the use of the parking lot (if any) or an assigned parking space (e.g., peeling paint where there is no water leak).

10. Graffiti: Minor graffiti inside the building; any graffiti outside the building where the owner submits an "affidavit of on -going maintenance" indicating a reasonable time period when the specific condition will be next addressed.

11. Landscaping: Modification; failure to maintain a particular aspect of landscaping where the grounds are generally maintained.

12. Janitorial Services: Failure to clean or dust discrete areas, where there is evidence that janitorial services are being regularly provided because most areas are, in fact, clean.

13. Lighting in Common Areas or Other Public Areas: Missing light bulbs or fixtures where the lighting is otherwise adequate.

14. Common Area Decorative Items: Discontinuance of flowers (fresh -cut or artificial); modification of furniture; removal of some furnishings (determined on a case -by -case basis); removal of decorative mirrors; reduction in space where reasonable access and use remain (determined on a case -by -case basis); elimination of public area door mat; removal or replacement of window coverings.

15. Mail distribution: Removal of door-to-door or other methods of internal mail distribution where other forms of distribution (e.g., U.S. mail) are maintained.

16. Masona: Minor deterioration; failure to repair or replace exterior bricks or other masonry where there is no interior leakage or other danger to health or safety;

17. Painting: Change in color in common areas when otherwise not in violation of any other applicable law or regulation; replacement of wallpaper or stenciling with paint in the common areas; isolated or minor areas where paint or plaster is peeling, or other similarly minor areas requiring repainting, provided there are no active water leaks; any painting condition in any area that is not part of the common area or not usually meant for or used by the park residents; failure to repaint if less than seven years (exterior common area buildings or facilities) or less than four years (interior common area buildings or facilities).

18. Recreational Facilities: Modifications to pool, shuffleboard court(s), clubhouse, such as reasonable substitution of equipment, combination of areas, or reduction in the number of items of certain equipment where overall facilities are maintained.

19. Sinks: Failure to provide or maintain in recreational facilities, laundry room areas or clubhouse.

20. Storage Space: Removal or reduction of, unless storage space service is provided for in a specific provision of a lease or other rental agreement), or unless the owner has provided formal storage boxes or bins to the residents within three years of the filing of a resident's complaint alleging an elimination or a reduction in storage space service.

21. Maintenance Staff. Decrease in the number of maintenance staff, provided that there is no decrease in janitorial, landscaping, grounds keeping or other maintenance services.

22. Management: Decrease in the number of staff, other than security, provided there is no decrease in management services (elimination of on -site management office may be considered a reduction or discontinuance of a service upon a case -by -case basis).

23. Windows: Sealed, vented, other than in areas used by residents (e.g., laundry rooms); cracked fire -rated windows; peeling paint or other non -hazardous conditions of exterior window frames.

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Agenda Item No. 20

CITY OF YUCAIPA

AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Jennifer Crawford, Assistant C' anager
Phil White, Director of Financ
FOR: City Council Meeting of September 23, 2024
SUBJECT: Wildwood Canyon Mobile Home Estates and Valley View Mobilehome Park Revenue Bonds
RECOMMENDATION:

That the City Council conduct a Public Hearing and adopt Resolution No. 2024 -55, approving the issuance of revenue bonds by the Independent Cities Finance Authority with respect to the acquisition and renovation of Wildwood Canyon Mobile Home Estates and the renovation of Valley View Mobilehome Park.

BACKGROUND/DISCUSSION:

Augusta Communities IV LLC (Augusta) plans to finance the acquisition, renovation, and associated costs of an affordable housing project using tax-exempt and taxable revenue bonds issued by the Independent Cities Finance Authority (ICFA). The project includes three manufactured housing communities: Wildwood Canyon Mobile Home Estates and Valley View Mobilehome Park in San Bernardino County, and Idyllwild Trailer Park in Riverside County.

Augusta is a nonprofit limited liability company organized exclusively to further the charitable purpose of its sole member and manager, Augusta Homes, including ownership and operation of housing for the benefit of low-income persons who need affordable, decent, safe, and sanitary housing. Augusta and its affiliates own and operate six manufactured housing communities in San Bernardino, Ventura, and Tulare counties and serve as asset managers for two communities owned by the City of La Habra in Orange County. Augusta was founded in 1998 and currently serves 1,100 households and 3,200 residents.

ICFA is a 71-member unaffiliated Joint Powers Authority focused on financing affordable housing projects within the boundaries of its membership organizations. The Authority provides financing in connection with the improvement, construction, acquisition, creation, rehabilitation, and preservation of affordable housing within the boundaries of its members in connection with projects and programs that are in the public interest and that benefit its members, including making loans to tax-exempt organizations from the proceeds of mortgage revenue bonds to finance manufactured housing projects. 09/23/2024 City Council Agenda 262

The City of Yucaipa (Yucaipa) has been a member of ICFA since 2002. The debts, liabilities, and obligations of ICFA do not become the debts, liabilities, or obligations of Yucaipa. Underwriting and operational costs of the project are borne by Augusta. Legal documents related to the issuance of bonds will provide that Augusta indemnify, hold harmless, and defend Yucaipa, and each of its officers, officials, employees, and agents.

Augusta has requested that Yucaipa hold a Tax Equity and Fiscal Responsibility Act (TEFRA) public hearing in accordance with Chapter 8 of Part 5 of Division 31 of the California Health and Safety Code. The TEFRA hearing provides an opportunity for public input on Augusta's use of tax-exempt bond proceeds within the City of Yucaipa. The TEFRA notice is intended to comply with public notice requirements of Section 147(f) of the Internal Revenue Code of 1986, as amended. The tax-exempt ICFA Bonds will be issued as Qualified 501(c)(3) Bonds and the Project is required to be occupied in part by persons of low and very low income in accordance with California laws and the requirements of Section 145 of the Internal Revenue Code of 1986, as amended.

Valley View Mobilehome Park and Wildwood Canyon Mobile Home Estates Information Provided by Augusta
Wildwood Canyon is a 147-space all -age community located at 34111 Wildwood Canyon Road in Yucaipa. Residents own their homes but rent their spaces and pay their utility bills. Wildwood's amenities include a community clubhouse, two pools, a playground, a basketball court, a picnic area, a pool house at the lower pool, laundry facilities, and an RV storage area. The average space rent is about $348 per month. Early analysis indicates that approximately 77% of households are very low income and 19% are lower income. A portion of the bond proceeds will be used to acquire Wildwood from its current owner with the balance deposited to its capital reserve fund.

Valley View is a 77-space senior community located at 12995 6th Street in Yucaipa that has been owned by Augusta since 2000. The community has a clubhouse, pool, and RV storage. Approximately 90 people live in Valley View. Approximately 73% of households are very low income and 22% are lower income. The average resident reported sales price of homes increased by about 110% between 2019 and 2023. Most residents own their own homes but rent their spaces and pay their utility bills.

The average space rent for a homeowner is about $425 per month. There are 11 rental homes with an average monthly rent of $961. Renters pay their utility bills. A portion of the bond proceeds will be deposited into Valley View's capital reserve fund.

FISCAL IMPACT:

There is no direct fiscal impact to the City of Yucaipa.

Attachments:

1. Resolution No. 2024-55

2. Notice of Public Hearing
Approved by:
09/23/2024 City Council Agenda 263

ATTACHMENT 1
09/23/2024 City Council Agenda 264

RESOLUTION NO.2024-55

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUCAIPA

APPROVING, SUBJECT TO THE TERMS AND CONDITIONS HEREIN

SET FORTH, THE ISSUANCE BY THE INDEPENDENT CITIES

FINANCE AUTHORITY OF TAXABLE MOBILE HOME PARK

REVENUE BONDS AND TAX-EXEMPT MOBILE HOME PARK

REVENUE BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO
EXCEED $9,500,000 FOR WILDWOOD CANYON MOBILE ESTATES

AND VALLEY VIEW MOBILE HOME PARK, EACH LOCATED IN THE

CITY OF YUCAIPA
WHEREAS, certain cities of the State of California (collectively, the "Members") have entered into a Joint Powers Agreement (the "Joint Powers Agreement") establishing the Independent Cities Finance Authority (the "Authority") and prescribing its purposes and powers, and providing, among other things, for associate members of the Authority (an "Associate Member"); and
WHEREAS, the Authority has been formed for the purpose, among others, of assisting its Members and Associate Members in the raising of capital to finance the capital improvement needs of Local Agencies (as defined in the Joint Powers Agreement), to provide for home mortgage financing with respect to those Members or Associate Members that are either a city or a county of the State of California, to provide financing in connection with the improvement, construction, acquisition, creation, rehabilitation and preservation of affordable housing within the boundaries of the Members and Associate Members, and to provide financing in accordance with the provisions of applicable law in connection with other projects and programs that are in the public interest and which benefit Members and Associate Members including making loans to tax-exempt organizations from the proceeds of mortgage revenue bonds to finance the acquisition of multifamily rental housing, including mobile home parks, under the provisions of Chapter 8 of Part 5 of Division 31 (commencing with Section 52100) of the Health and Safety Code; and WHEREAS, the City of Yucaipa (the "City") is an Associate Member of the Authority; and
WHEREAS, the Authority proposes to issue its (i) Mobile Home Park Revenue Bonds (Augusta Communities Mobile Home Park Pool) (Federally Taxable) (the "Taxable Bonds") and (ii) Mobile Home Park Revenue Bonds (Augusta Communities Mobile Home Park Pool) (the "Tax -Exempt Bonds" and together with the Taxable Bonds, the "Bonds"), each in one or more series; and
WHEREAS, Augusta Communities IV LLC, a California limited liability company (the "Owner"), has requested that the Authority issue and sell the Bonds in an aggregate principal amount of not to exceed $9,500,000; and
WHEREAS, the proceeds from the sale of the Bonds, if any are issued, are intended to be used to make a loan to Owner, or a related party, to be used, along with other funds available to the Owner, finance (i) the acquisition and improvement of a mobile home park with approximately 09/23/2024 City Council Agenda 265

147 spaces known as the Wildwood Canyon Mobile Estates located in the City at 34111 Wildwood Canyon Road, (ii) the improvement of a mobile home park with approximately 77 spaces known as the Valley View Mobile Home Park located in the City at 12995 61h Street (collectively, the "Projects"); and (iii) certain costs of issuing the Bonds; and WHEREAS, the Owner will be the owner and operator of the Projects; and WHEREAS, the Tax -Exempt Bonds will be qualified "private activity bonds" for purposes of the Internal Revenue Code of 1986 (the "Code"); and WHEREAS, pursuant to Section 147(f) of the Code, the proposed issuance of private activity bonds is required to be approved by the "applicable elected representative" of the governmental units having jurisdiction over the areas in which the Projects are located, after a public hearing held after reasonable public notice; and WHEREAS, the members the City Council are the applicable elected representatives of the City having jurisdiction over the area in which the Projects are located; and WHEREAS, such public hearing was conducted on the date hereof by the City Council at which time an opportunity was provided to interested parties to be heard with respect to the proposed issuance of the Tax -Exempt Bonds and the Projects; and WHEREAS, it is intended that this resolution shall constitute the approval of the proposed issuance of the Tax -Exempt Bonds required by Section 147(f) of the Code; and WHEREAS, the Projects are required to be occupied in part by persons of low and very low income in accordance with California laws and the requirements of the Code; and WHEREAS, this action is exempt from the California Environmental Quality Act (CEQA) because it is not a project which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, pursuant to CEQA Guideline section 15378.

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

Section 1. The City Council approves the issuance of the Bonds by the Authority solely to satisfy the requirements of the Joint Powers Agreement, as the elected representatives of the governmental unit having jurisdiction over the area in which the Projects are located.

Section 2. The issuance and delivery of the Bonds shall be subject to the approval of and execution by the Authority of all financing documents relating thereto to which the Authority is a party and subject to the sale of the Bonds by the Authority. It is the purpose and intent of this City Council that this resolution constitutes approval of issuance of the Bonds for the purposes of Section 147(f) of the Code. 09/23/2024 City Council Agenda 2 266
4893-2858-9270, v. 3

Section 3. The City shall have no responsibility or liability whatsoever with respect to the Bonds or the Projects. The payment of the principal, prepayment premium, if any, and purchase price of and interest on the Bonds shall be solely the responsibility of Owner. The Bonds shall not constitute a debt or obligation of the City. The adoption of this Resolution shall not obligate the City or any department thereof to (i) provide any financing to acquire or construct the Projects or to provide any refinancing of the Projects; (ii) approve any application or request for or take any other action in connection with any planning approval, permit or other action necessary for the acquisition or operation of the Projects; (iii) make any contribution or advance any funds whatsoever to the Authority; or (iv) take any further action with respect to the Authority or its membership therein.

Section 4. The City Manager, the City Attorney or their designees are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents which they deem necessary or advisable in order to carry out, give effect to and comply with the terms and intent of this resolution and the financing transaction approved hereby.

Section 5. This Resolution shall take effect immediately upon its adoption.

PASSED, APPROVED, and ADOPTED this 23rd day of September, 2024.

Justin Beaver, Mayor
ATTEST:

Ana V. Sauseda, MMC
Director of General Services/City Clerk
09/23/2024 City Council Agenda 3 267
4893-2858-9270, v. 3

ATTACHMENT 2
09/23/2024 City Council Agenda 268

NOTICE OF PUBLIC HEARING

CITY COUNCIL OF THE CITY OF YUCAIPA
A public hearing will be held before the City Council of the City of Yucaipa on September 23, 2024 at or after 6:00 p.m. in the City Council Chambers located at 34272 Yucaipa Blvd., Yucaipa, California 92399, to consider the proposed issuance by the Independent Cities Finance Authority (the "Authority") of its mobile home park revenue tax-exempt bonds in one or more series in the aggregate principal amount of not to exceed $9,500,000 (consisting of up to $9,500,000 allocated to the Wildwood Canyon Mobile Estates and/or up to $9,500,000 allocated to the Valley View Mobile Home Park each park as further described herein and each allocation made at the discretion of the park owner, but in no event to exceed $9,500,000 in the aggregate) (the "Authority Bonds") pursuant to Chapter 8 of Part 5 of Division 31 of the California Health and Safety Code. Certain requirements of the City to its approval of such issuance are set forth in a draft Resolution of the City Council of the City, a copy of which is on file with the City Clerk as a public record and is available for public inspection. Any approval shall be subject to the provisions set forth in such Resolution, including without limitation Section 1 thereof and Exhibit "A" thereto.

Interested individuals may attend and participate in the public hearing on the date and time listed above. Interested individuals may observe but not participate by watching the livestream at https://yucaipa.gov/live .

The proceeds from the sale of the Authority Bonds, if any are issued, are intended to be used to make a loan to Augusta Communities IV LLC, a California limited liability company, or a related party of which Augusta Homes, a California nonprofit public benefit corporation, will be the sole member (the "Borrower"), to be used, along with other funds available to the Borrower, to finance (i) the acquisition and improvement of a mobile home park with approximately 147 spaces known as the Wildwood Canyon Mobile Estates located in the City at 34111 Wildwood Canyon Road, (ii) the improvement of a mobile home park with approximately 77 spaces known as the Valley View Mobile Home Park located in the City at 12995 61h Street (collectively, the "Projects"); and (iii) finance certain costs of issuing the Authority Bonds. The Borrower will be the initial owner and operator of the Projects.

This public notice is intended to comply with public notice requirements of Section 147(f) of the Internal Revenue Code of 1986, as amended. The Authority Bonds will be issued as Qualified 501(c)(3) Bonds and the Projects are required to be occupied in part by persons of low and very low income in accordance with California laws and the requirements of Section 145 of the Internal Revenue Code of 1986, as amended.

Further information on this matter may be obtained by calling the City Clerk of the City of Yucaipa, at (909) 797-2489. Written comments may be submitted to the City Clerk of the City of Yucaipa, at 34272 Yucaipa Blvd., Yucaipa, California 92399 via mail or via email to asauseda�'c�yucaipa..gov. Written comments may be submitted any time prior to the hearing. Any person may appear and comment at the hearing. Subsequent to the public hearing, the City Council will consider approving the issuance of the Authority Bonds.

DATED: September 11, 2024

CITY OF YUCAIPA
/s/
Ana V. Sauseda, MMC
Director of General Services/City Clerk
09/23/2024 City Council Agenda 269

Agenda Item No. Z 11

CITY OF YUCAIPA

AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Fermin Preciado, Director of Development Services/City EngineerrV `1 I
Benjamin J. Matlock, Deputy Director of Community Development/City Planner%!,- ` FOR: City Council Meeting of September 23, 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. (Continued from August 26, 2024)
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 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 09/23/2024 City Council Agenda 270

2) Approve first reading, by title only, as read by staff, 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 City Council'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. However, Commissioners noted a desire for additional commercial activity and to ensure that the property owner's interests were protected. Council may also deny the Specific Plan Update as proposed but certify the SEIR by amending Resolution No. 2024-19. In this scenario, adopting Ordinance No. 448 may also be prudent as a clean-up item to the General Plan map. 09/23/2024 City Council Agenda 271

BACKGROUND/DISCUSSION:

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, 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 09/23/2024 City Council Agenda 272

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 (WU) 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. z
_T

REDLANDS
Map of the FCSP Area
crra
0 + ~ YUCAIPA Q j
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- 09/23/2024 City Council Agenda 273

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 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.
09/23/2024 City Council Agenda 274

General Plan Land Uses „ x
R-1-Ruml Living I[x�es
R-2 - Single Res eftsl
Ra - 9ngla Rests—M
Rd - sNW w Mulaple RevDe W
_ R-2<- Multlple RePDeneal
PUB - PUDIio Fad—
..I_8P-B—SSPark
-CR- Regional Cammemal e
OS2 Open Spam
]09A< 6J AG
�W SSW
N
M DD
10OV
u Du
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.

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.
09/23/2024 City Council Agenda 275

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.

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. 09/23/2024 City Council Agenda 276

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.

An Updated Land Use Map that addresses Pumpkin Factory operations within OS -designated areas, and Robinson commercial areas 09/23/2024 City Council Agenda 277

Proposed Proiect Buildout Statistical Summary
Designation
Acres
DwellingUnits
Population'
Non-residential SF2
Emplo ees3
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
1,2387
2,472
6,823
5,093,265
2,682
Notes: Totals may not add to 100 percent due to rounding. SF = square feet; ROW = right-of-way.

I 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 exisfing 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 acreages shown provide for the anticipated development area, but may adjust based on the ultimate site design of individual projects, provided the total development capacity remains within scope of development assessed in the environmental review process. 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-2/11-4). 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.
■ 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 09/23/2 l ,tyS�tondarrdseof the Specific Plan (see Section 4.7 of the FCSP), single-family resi e�t 1

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.

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 ,qpAe that can best support the necessary transitions between uses, and aro,,,, t

are meant to be natural and that should be protected for biological resources are now included in a new Ooen Si)ace — Conservation District.

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

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 DwellingUnits
Population
Regional
Commercial
RC SF
Business Park
BP SF
Total Non-
residential SF
Employees
Approved Project
2,447
1 6,754
3,379,737
1 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
-2,278,976
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.

Infrastructure:

Circulation:
09/23/2024 City Council Agenda 280

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.

S:Commeraai Collector Sheet Reveenhai Corrector Street
o 1.4,50
s
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 09TN#f�!�gp l eiae of eight (8) inches for distribution piping, but the FCSP shows that 1JP�h-

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.

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. 09/23/2024 City Council Agenda 282

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 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 7 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
1 471
Total
1 312.91
2,054,000
356
1,058
1 986
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. 09/23/2024 City Council Agenda 283

Pacific Oaks Commerce Center Buildout
Land Use I Acres I Building SF I Docking Bays I Trailer Stalls I Auto Stalls 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.

POCC Site Layout
09/23/2024 City Council Agenda 284

Parkin.:

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).

Access:

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 YV WD facility until the Wildwood Canyon Interchange Project and the adjoining property east of their site are developed. 1 70 tIVri�Rsrq
hlGHW4Y
VVNfTY Anna
Cr f
xr _
an
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POCC Site plan and grading limits
09/23/2024 City Council Agenda 285

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.

STATION 1 -VIEW FR(
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II 00 12 00 n4w i4w i54m 16 00 1700 Ig 00 19 00 20100 21400 22 00 23 00 24 00 25 00 26 00 2700 20 00 29 00 3C4M 31 00 32 00 331M 31

EXISTING VIEW

EXISTING VIEW
Sight Line Exhibit for POCC showing no views from 1--10 2280
22222200
21 21
�N21
¢Q
202b
STATION 2
solid U., is proposed new Oede
Dashed line is e-8 Bode
STATION 3 -VIEW FIR
Dashed fineise —ii grade
Sold line is proposed new grade
i
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 09/23/2024 City Council Agenda 286

ro'ec oa signed ith
AWWI Gad 100 1hFIR Site
The site grading within the new road to the warehouses limits visibility until one approaches the entrances. .Vo portion of the building is visible from this view along I-10. 09/23/2024 City Council Agenda 287

4ve Oak •O,,ff Rama
No portion of the building is visible from the EB 1--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.
09/23/2024 City Council Agenda 288

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. 09/23/2024 City Council Agenda 289

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.
09/23/2024 City Council Agenda 290

:One Time Fees
School Fees—Calimesa Joint Unified School District $1,519,960 City of Yucaipa Development Impact Fees
Drainage Facilities Fees
Traffic Facilities Fees
Public Facilities Fees
$1,835,462
$8,877,388
$1,195,428
Fire Facilities Fees $706,576
Total School and DIF Fees $14,134,814
Recurring Fees
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 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.
09/23/2024 City Council Agenda 291

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. Members of the Planning Commission 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.

August 26, 2024, City Council Hearing:

At the beginning of the August 26, 2024, meeting, the City Council voted to continue the FCSP to the September 23, 2024, City Council meeting. No deliberation on the item occurred at that meeting.

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
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.
09/23/2024 City Council Agenda 292

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.

Attachments:

1. Draft Specific Plan Findings

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

3. Draft Resolution No. 2024-19

4. Draft Ordinance No. 448

5. Economic Impact Analysis

6. Draft Freeway Corridor Specific Plan

7. Draft Errata Sheet for the Freeway Corridor Specific Plan 09/23/7624P bl�ou o eft Letters
293

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 & Conditions 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.gov/w content/uploads/dev svcs/EIR/FCSP/Yucaipa FreewayCorridor SpecificPlan Jan2024.i)df? t= 1706659526 & https://yucaipa.gov/environmental-review/ .

Approved by:
09/23/2024 City Council Agenda 294

ATTACHMENT
09/23/2024 City Council Agenda 295

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

1. 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 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 09/23/2024 City Council Agenda 296

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:
• 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. 09/23/2024 City Council Agenda 297

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.
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Exhibit A — General Plan Consistency Analysis
City of Yucaipa 2016
FCSP Consistency
GoalsApplicable
General Plan
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.
09/23/2024 City Council Agenda 299

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 decisions, moves people and goods efficiently and safely, and is designed to FCSP includes roadway improvements to all existing and proposed roads accommodate and promote scenic viewsheds.
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.

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.
09/23/2024 City Council Agenda 300

GOAL CDL-4: CORRIDORS AND VIEWSHEDS
Policy CDL-4.4. Scenic Corridors. Protect designated scenic corridors (Yucaipa Boulevard, Live Oak Canyon Road, Oak Glen Road, Wildwood 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.

Consistent. Live Oak Canyon Road is a designated scenic corridor that runs 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 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. 09/23/2024 City Council Agenda
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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.

Policy CDL-7.3. Recreational Amenities. Provide an abundance and variety of 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.

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.

Consistent. The FCSP update includes standards and roues for multipurpose 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 09/23/2024 City Council Agenda
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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.

Policy CDL-7.6. Adjacent Development. Comprehensively plan the area with Consistent. The FCSP provides for transitions for all the surrounding uses, consideration of other contiguous areas to ensure compatible and including those within the City of Redlands along the northwest portion of the complementary development, circulation patterns, infrastructure, and Plan, those planned (under the adopted and the newly proposed update) Mesa services.

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. 09/23/2024 City Council Agenda 303

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 allows for a wider variety of building types and forms to increase the variation within the plan area.

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.

GOAL HN-1: HOUSING AND NEIGHBORHOODS
Consistent. The FCSP includes provisions for the use of CPTED principles.

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
09/23/2024 City Council Agenda 304

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
Policy HN-3.L 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 09/23/2024 City Council Agenda 305

development commensurate with community goals and expectations for quality of life.

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.

GOAL PR-3: MULTIPURPOSE TRAILS
Policy PR-3.1. Trail Development. Develop a multipurpose trail system for hiking, biking, and equestrians throughout Yucaipa, focusing on drainage channels, hillsides, parks, and other public use areas. quality of life. The infrastructure would be phased in and will be bought out with implementation of the FCSP.

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 Development Impact Fees, which also provide funding to the variety of park resources.

Consistent. Refer to Policy CDL-1.4. Connectivity is provided throughout the Specific Plan, leveraging the proposed roadways and the Open Space 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. 09/23/2024 City Council Agenda
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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
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.
09/23/2024 City Council Agenda 307

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. 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 09/23/2024 City Council Agenda 308

"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 I-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.

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. 09/23/2024 City Council Agenda 309

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).

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
09/23/2024 City Council Agenda 310

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. 09/23/2024 City Council Agenda 311

ATTACHMENT 2
09/23/2024 City Council Agenda 312

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 09/23/2024 City Council Agenda 313

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.
09/23/2024 City Council Agenda 314

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.
09/23/2024 City Council Agenda 315

ATTACHMENT 3
09/23/2024 City Council Agenda 316

RESOLUTION NO. 2024-19

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUCAIPA

ADOPTING THE FREEWAY CORRIDOR SPECIFIC PLAN UPDATE

AND ADOPTING 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 PLANNED DEVELOPMENT 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 on 242.7 acres within the 1,242-acre plan area. The proposed update to the FCSP (Case No. 24- 09/23/2024 City Council Agenda 317

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, revisions, and corrections to the DSEIR; and the Mitigation Monitoring and Reporting Program; and
09/23/2024 City Council Agenda 318
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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 continued the item from their August 26, 2024 meeting, and then held a duly noticed public hearing on September 23, 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 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 09/23/2024 City Council Agenda 319
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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.

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:

Section 1. The City Council has reviewed and considered the information for the Freeway Corridor Specific Plan Update.
09/23/2024 City Council Agenda 320
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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 this 23rd day of September, 2024.

Justin Beaver, Mayor
ATTEST:

Ana V. Sauseda, MMC
Director of General Services/City Clerk
09/23/2024 City Council Agenda 321
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EXHIBIT A
Findings of Fact in Support of Findings
09/23/2024 City Council Agenda 322

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.

Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overridin Considerations
09/23/2024 City Council Agen�a 323

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.

Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 2 -
09/23/2024 City Council Agenda 324

(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
CEQA Findings of Fact and
Statement of Overriding Considerations - 3 -
09/23/2024 City Council Agenda 325

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.

Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 4 -
09/23/2024 City Council Agenda 326

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.

Freeway Corridor Specific Plan Project
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09/23/2024 City Council Agenda 329

■ 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-minutes/ .

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:

Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 8 -
09/23/2024 City Council Agenda 330

■ 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
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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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09/23/2024 City Council Agenda 334

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.

Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overridin Considerations - 18 -
09/23/2024 City Council Agen�a 340

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.

Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 20 -
09/23/2024 City Council Agenda 342

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.

Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 21 -
09/23/2024 City Council Agenda 343

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.

Freeway Corridor Specific Plan Project
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Statement of Overriding Considerations - 22 -
09/23/2024 City Council Agenda 344

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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CEQA Findings of Fact and
Statement of Overriding Considerations - 23 -
09/23/2024 City Council Agenda 345

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
During construction activities, construction equipment exhaust and application of asphalt and architectural coatings would generate odors. Any construction -related odor emissions would be Freeway Corridor Specific Plan Project
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Statement of Overriding Considerations - 24 -
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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 -
09/23/2024 City Council Agenda 347

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 -
09/23/2024 City Council Agen a 348

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
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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 -
09/23/2024 City Council Agenda 350

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
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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.

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CEQA Findings of Fact and
Statement of Overriding Considerations - 30 -
09/23/2024 City Council Agenda 352

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 -
09/23/2024 City Council Agenda 353

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
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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 -
09/23/2024 City Council Agenda 355

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 -
09/23/2024 City Council Agenda 356

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 -
09/23/2024 City Council Agenda 357

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 Overriding Considerations - 36 -
09/23/2024 City Council Agenda 358

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
09/23/2024 City Council Agenda 359

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
CEQA Findings of Fact and
Statement of Overriding Considerations - 39 -
09/23/2024 City Council Agenda 361

■ 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.

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.

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Statement of Overriding Considerations - 42 -
09/23/2024 City Council Agenda 364

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
CEQA Findings of Fact and
Statement of Overriding Considerations - 43 -
09/23/2024 City Council Agenda 365

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
CEQA Findings of Fact and
Statement of Overriding Considerations - 44 -
09/23/2024 City Council Agenda 366

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
CEQA Findings of Fact and
Statement of Overriding Considerations - 45 -
09/23/2024 City Council Agenda 367

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
Statement of Overriding Considerations - 46 -
09/23/2024 City Council Agenda 368

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
CEQA Findings of Fact and
Statement of Overriding Considerations - 47 -
09/23/2024 City Council Agenda 369

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
Statement of Overriding Considerations - 48 -
09/23/2024 City Council Agenda 370

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 -
09/23/2024 City Council Agenda 371

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.

Freeway Corridor Specific Plan Project
CEQA Findings of Fact and
Statement of Overriding Considerations - 50 -
09/23/2024 City Council Agenda 372

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 -
09/23/2024 City Council Agenda 373

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 -
09/23/2024 City Council Agenda 374

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 -
09/23/2024 City Council Agenda 375

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 -
09/23/2024 City Council Agenda 376

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 -
09/23/2024 City Council Agenda 377

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 -
09/23/2024 City Council Agenda 378

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 -
09/23/2024 City Council Agenda 379

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 -
09/23/2024 City Council Agenda 380

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 -
09/23/2024 City Council Agenda 381

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 -
09/23/2024 City Council Agenda 382

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 -
09/23/2024 City Council Agenda 383

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 -
09/23/2024 City Council Agenda 384

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 -
09/23/2024 City Council Agenda 385

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 -
09/23/2024 City Council Agenda 386

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 -
09/23/2024 City Council Agenda 387

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 -
09/23/2024 City Council Agenda 388

■ 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 -
09/23/2024 City Council Agenda 389

■ 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 -
09/23/2024 City Council Agenda 390

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 -
09/23/2024 City Council Agenda 391

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 -
09/23/2024 City Council Agenda 392

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 -
09/23/2024 City Council Agenda 393

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 -
09/23/2024 City Council Agenda 394

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 -
09/23/2024 City Council Agenda 395

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 -
09/23/2024 City Council Agenda 396

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 -
09/23/2024 City Council Agenda 397

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 -
09/23/2024 City Council Agenda 398

■ 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 -
09/23/2024 City Council Agenda 399

■ 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 -
09/23/2024 City Council Agenda 400

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 -
09/23/2024 City Council Agenda 401

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 -
09/23/2024 City Council Agenda 402

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 -
09/23/2024 City Council Agenda 403

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 -
09/23/2024 City Council Agenda 404

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 -
09/23/2024 City Council Agenda 405

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 -
09/23/2024 City Council Agenda 406

■ 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 -
09/23/2024 City Council Agenda 407

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.

Yucaipa City CouncilSeptember 23, 2024

Yucaipa City Council
September 23, 2024