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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 in the form I,ofi a draft resolution preparedmade by the resolutionRA 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 CURRENTLY EXEMPT AND 1PRIORl EXEMPT SPACES A. Exempted Spaces 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 pace from rent regulation pursuant to the Califomia Mobilehome Residency Law (Civil Code Section 798, et seq.) or YMC Section 15.20.030, the park owner shall submit information on the registration form setting forth the date the park or space was initially held out for rent, 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 an exemption under Civil Code Sections 798 et seq. or YMC Section 15.20.030.
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In the event that a resident or park owner questions whether the space is exempt the terms of a long term lease or whether the leave 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 an exemption from space rent regulation -long -term -lease -exemption r, nt ^ ..trot^ . «rol
B. Prior Exempted Spaces which are No. Longer Exempt.
For any space that was previously exempt from rent regulation under YMC Chapter 15.20 but such exemption has expired or terminated based -on- pursuant to the provisions of Civil Code Section 798-1-7 et seq. or YMC Section 15.20.030 ^ nded by n ssembly Bill 2782 (Chapter 3: Statutes of 2020), the park owner shall submit information on the registration form setting forth the date the park or space was initially held out for rent, 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 31st 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 claimed' to be (exempt and non-exempt pursuant to Civil Code.- ..
Section 798.17) et seq. or YMC Section 15.20.030 and all information required by Section 2.0003.
7. -A registration fee worksheet.
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8. Registration fee.
9. Significant maintenance performed in the preceding year.
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" 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 31' 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 31' 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 315t 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 Mobilehome Park Administrative Rules, Resolution No, 20254-44-56 Page 10 07/28/2025 City Council Agenda
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a park owner in a timely manner shall also be considered a failure to register as outlined in Section
2.0006.
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.
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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.
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. teased -Prior{ Exempt sSpaces. In the event that the application for an Annual Adjustment includes a space that was previously exempt from space rent regulation eentrol-und long term lease pursuant to Civil Code Section 798.17 et seq. or YMC Section 15.20.030 and such exemption has expired or terminated, the annual adjustment shall be determined based on the last rent in effect prior to the space becoming subject to rent eentrelregulation, 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 iprioti Annual Adjustment shall then be subtracted from the current CPI. The resulting sum -difference shall be multiplied-by-190divided by the prior CPI. The resulting cum percentage (in decimal form) shall then be divided by the rwior CPI The resulting sum -shall -then be multiplied by 100% and presented with up to 2 decimal places as a `%' sign Lconverting to whole number form). The result or 4%ef ui-el* ee ref 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 first multiplied by the CPI increase percentage and the resulting number (the rent increase) should then be added to the prior space rent 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 Mobilehome Park Administrative Rules, Resolution No. 20254-4456 Page 12 Commented (1018): Item No. 8E - Clarifying language
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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 Iregulationesntrelfpursuant to a -long-term 1-ase-under-Civil Code Section 798 et seq. or YMC Section 15.20.030 and such exemption has expired or n terminated, and f r which the long te_.,, lease hasexpired or terminated , 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 effect under the long- term lease exemption provision 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 CPP" 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 3.000 1(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 eentrel regulation nor reng ter leas° pursuant to Civil Code Section 798A- et seq. or YMC
15.20.030 and such exemption has expired or been terminated, the space shall not have had a rent increase under -the ling 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 Mobilehome Park Administrative Rules, Resolution No. 20254-4434 Page 13 Commented [11020]: Item No. SE - Clarifying language
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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 .i20.030,
15.20.050(D) and YMC Section 15,20.080(B) and subsections (A) through (D) of this Section." 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 Mobilehome Park Administrative Rules, Resolution No. 20254-4456 Page 14 tCommented IK7211: Item No. 8E -Clarifying language
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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 "CPP" 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.
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 "CPI" 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 "CPP" 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. SPECIAL RENT INCREASES- DJUSTMENTS
BY APPLICATION
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:
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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
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.
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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 (jpeg or pdf format), to the RA. 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
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)(l) 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).
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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 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 Mobilehotne Park Administrative Rules, Resolution No. 202544446 Page 18 07/28/2025 City Council Agenda
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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 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 Sections 15.20.1001080 and 15.20.085 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.
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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 I5.20.105(C).
C. Ir seal Space Vacant Space 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 vacant spaces, and all spaces subject to an exemption pursuant to the long term leases as defamed in the Califomia Mobilehome Residency Law (Civil Code Sections 798 et seq.) or YMC Section
15.20.030. However, only those spaces, which are not exempt 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 % % per annum of all deposits unless such deposits earn greater interest), plus
c. 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.
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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 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:
Skilled Labor:
S 10.3816.[68(hr
$19.2830.98/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.
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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, 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. i. Expenses for capital improvements, as defined in YMC Section 15.20.085.
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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 I5.20.085(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:
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 Operating 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 Mobilehome Park Administrative Rules, Resolution No. 20254 4454 Page 23 07/28/2025 City Council Agenda
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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 NOI"). 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."
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 NOI"), 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:
I. 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 Mobilehome Park Administrative Rules, Resolution No. 20254-4446 Page 24 07/28/2025 City Council Agenda
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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 ail 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."
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 te-menth, vacant and -leased -spaces,
currently- and all spaces subject to an exemption from --rent ca ntrol pursuant to the California Mobilehome Residency Law (Civil Code Section 798, et seq.) or YMC Section 15.20.030 and-ne However. only those spaces which are not exempt
or vacant shall receive a rental increase, based upon a A -prorated allocationameunt of the park's MNOI among all spaces in the park. A prorated amount of the park's MNOI adjustment shall be allocated to the individual regulated spaces.ad uthnent ^ha11 be " llocated to the indi ideal 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 Mobilehotne Park Administrative Rules, Resolution No. 20254-4436 Page 25 { Commented (K726]: Item No. SE - Clarifying language
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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 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 arms -length transactions and rents were below those in Mobilehome Park Administrative Rules, Resolution No. 20254-4456 Page 26 07/28/2025 City Council Agenda
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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 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 ajust 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.
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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.
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 (j)), 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 Mobilehome Park Administrative Rules, Resolution No. 20254-4436 Page 28 07/28/2025 City Council Agenda
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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
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 Mobilehome Park Administrative Rules, Resolution No. 20254-4456 Page 29 07/28/2025 City Council Agenda
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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.
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.
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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 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.
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(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 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 Mobilehome Park Administrative Rules, Resolution No. 20254-44456 Page 32 07/28/2025 City Council Agenda
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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.
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."
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4.0007 ALLOWABLE RENT ADJUSTMENTS AND APPLICATIONS FOLLOWING MNOI ADJUSTMENTS, FAI121 RETURN OR VOLUNTARY MEET AND
CONFER ADJUSTMENT(S)
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 or a special rent adjustment by voluntary meet and confer.
CHAPTER 5. ADJUSTMENTS BASED ON CAPITAL IMPROVEMENTS
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.
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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 usefuVamortizable life of ten (10) years is calculated as follows:
$ 10,000.00
10 years
$ 1,000.00
12 months
— $ 1,000.00 annual amortization
- $ 83.33 monthly amortization cost
$ 83.33 = $ 2.78 monthly rent increase per space for 10 years 30 spaces
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
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Improvement
Amortization
Period
In Years
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
7 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 % percent as of Mobilehome Park Administrative Rules, Resolution No. 20254-4454 Page 36 07/28/2025 City Council Agenda
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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)(I) 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.
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 Mobilehome Park Administrative Rules, Resolution No. 20254-44-56 Page 37 07/28/2025 City Council Agenda
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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 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, Mobilehome Park Administrative Rules, Resolution No. 20254-4456 Page 38 07/28/2025 City Council Agenda
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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.
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 (B)(1) and (B)(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 (B)(5) of this Section 5.0007. m. 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.
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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.
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
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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.
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.
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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 I5.20.085(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.
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.
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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;
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.
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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 Sections 15.120.085 or15.20.100 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 adjustment, if the park owner successfully obtains approval of a special rent adjustment under Sections 15.201085 or 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 Sections 15.20.085 or 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
l Commented 1K728]: Item No. SX - Clarifying language
Commented [1029]: Item No. 8X - Clarifying language
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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.
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.
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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.
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 Mobilehome Park Administrative Rules, Resolution No. 20254-4456 Page 46 07/28/2025 City Council Agenda
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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 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 adj ustment.
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:
I. 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
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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.
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.
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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.
B. If the park owner contends that a proposed rent decrease will preclude the park owner from earning a fair retum, 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 (jpeg 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.
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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.
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).
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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 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 ail 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 Mobilehome Park Administrative Rules, Resolution No. 20254-4436 Page 51 07/28/2025 City Council Agenda
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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 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.
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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).
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 owner agrees that the service or amenity has been reduced or discontinued.
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.
e. 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 Mobilehome Park Administrative Rules, Resolution No. 20254-4446 Page 53 07/28/2025 City Council Agenda
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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 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.
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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.
Relevant evidence includes but is not limited to a description of the type of service or amenity, a 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.
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 Mobilehome Park Administrative Rules, Resolution No. 20254-4456 Page 55 07/28/2025 City Council Agenda
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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 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 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.
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.
7.0007. 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.
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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, 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 7.000I(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.
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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).
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. Masonry: 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.
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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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Item No. 17
,$
AGENDA REPORT
DATE: July 28, 2025
TO: Honorable Mayor and City Council
FROM: Megan Wolfe, Director of Community Services Jc (" 3 SUBJECT: Memorial Dedication Policy
RECOMMENDATION:
That the City Council review and approve a Memorial Dedication Policy.
BACKGROUND/DISCUSSION:
On April 23, 2025, City staff presented the Memorial Dedication Policy for the Park and Recreation Commission's (Commission) consideration. Feedback provided by the Commission was gathered and incorporated into the policy and presented to the Commission on May 28, 2025. After further review, the Commission requested additional changes to the document, which was then presented for final review at the June 25, 2025 Commission Meeting. The Commission approved moving the item forward to City Council for review and approval.
The proposed Memorial Dedication Policy outlines the Memorial Bench and Tree Dedication Program, providing a comprehensive overview of its offerings and the guidelines associated with memorializing loved ones within the City of Yucaipa's public spaces. This program aims to enhance the community's parks while allowing people to honor the memory of individuals who lived in the City of Yucaipa.
FISCAL IMPACT:
The recommendation does not result in a fiscal impact.
Attachments:
1. Memorial Dedication Policy
c
Approved by:
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ATTACHMENT 1
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City of Yucaipa
Memorial Dedication Policy (Policy)
This Policy is to provide people with an opportunity to recognize someone who resided in Yucaipa for a minimum of one year by purchasing a memorial bench or tree.
Memorial Bench Dedications
Memorial Bench Sponsorship (Existing Bench):
• Cost will vary based on market rate. The cost to customers will include:
o Procurement and installation of a plaque/plate.
o One plaque replacement during the 10-year period if necessary. o CSD User Fee for staff time.
• The cost covers a 10-year sponsorship of an existing bench.
Memorial Bench Purchase (New Bench Installation):
• Cost will vary based on market rate. The cost to customers will include:
o Concrete footing or pad installation.
o Procurement and installation of the bench and plaque/plate. o CSD User Fee for staff time.
o One plaque replacement during the 10-year period if necessary. • New bench installation is subject to availability within the City of Yucaipa's Public Bench Program, and placement is based on approved locations and ADA (American Disabilities Act) compliance.
• The cost covers a 10-year sponsorship of a new bench.
General Guidelines for Memorial Benches:
• Donor Recognition: Donors of new benches will receive a letter of confirmation following installation.
• After 10 Years: The sponsor will be contacted when the 10-year sponsorship period ends. The plaque will be made available for pick-up. The donor (or their designated representative) must arrange to retrieve the plaque within 60 days of removal. The City will not mail plaques.
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CITY
City of Yucaipa
Memorial Dedication Policy (Policy)
• Bench Style & Location: New benches must adhere to the City's Public Bench Program and comply with ADA standards. The City will attempt to accommodate specific requests for style and location, but this may be subject to availability and local requirements.
• Liability: The City of Yucaipa is not responsible for any damage to memorial benches or plaques due to vandalism or third -party actions. Damaged items beyond repairwill be removed at the City's discretion. It is the responsibility of the purchaser to pay for the repair/replacement should there be damage due to vandalism or third -party actions. Once the purchaser is notified of the damage and the cost to repair, they will have 30-days to submit payment before the items are removed.
Memorial Tree Dedications
Tree Dedication Program:
• There will be three options of trees to help provide cost effective opportunities. In addition, the tree can include a plaque if desired.
• Cost will vary based on market rate. The cost to customers will include:
o Purchase and installation of a tree on City property, in parks, or along trails. o Purchase and installation of plaque.
o CSD User Fee for staff time.
• Restrictions:
o No plaques, rocks, or engraved items are allowed around or on the tree outside of the City's Policy.
o The tree species and location will be determined based on the City's tree management program and staff recommendations.
General Guidelines for Tree Dedications:
• Placement & Aesthetic Considerations: Trees will be placed in locations that maximize the benefits to the area and minimize interference with park use or maintenance. The City will make every effort to accommodate donor preferences, but location and species will be subject to City guidelines and available resources. 07/28/2025 City Council Agenda
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--� City of Yucaipa
Memorial Dedication Policy (Policy)
• Dedication Limits: The number of tree dedications may be limited or temporarily placed on hold due to factors like staffing, budget constraints, water restrictions, or other resources.
• Liability & Maintenance: The City of Yucaipa is not liable for damage to or loss of dedicated trees due to external factors such as vandalism or environmental conditions. Should a tree be damaged or die, the City may replace it at its discretion, though this is not guaranteed. Tree maintenance, such as watering and pruning, is managed by the City.
General Information for Both Bench and Tree Dedications • Confirmation of Installation: Donors will receive a confirmation letter once their memorial bench or tree has been installed.
• Policy Scope: This Policy provides general guidelines, but it is not exhaustive.
Memorial proposals outside the scope of this policy may be considered on a case - by -case basis, with the City's approval.
Additional Considerations
• Customizations: Plaques for memorial benches may be personalized. However, all designs, wording, and layouts must be approved by the City of Yucaipa before installation. The City reserves the right to request changes to ensure uniformity with the public space.
• Renewal Options: At the end of the 10-year term for memorial benches, sponsors will be contacted about renewing their sponsorship. If a renewal is not possible, the plaque will be removed, and the donor will be notified.
Frequently Asked Questions (FAQ)
• Q: Can I request a specific bench or tree location?
A: While the City will try to accommodate your request, all bench and tree placements are subject to approval based on available locations and ADA compliance.
• Q: Will I receive a refund if the bench or tree is damaged? A: The City is not responsible for damages caused by vandalism or environmental factors. Replacement or restoration of memorials is not guaranteed. 07/28/2025 City Council Agenda
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CITY OI'
City of Yucaipa
Memorial Dedication Policy (Policy)
• Q: Can I add other items, like rocks or additional plaques, to the memorial.? A: Only the approved plaque for benches and a single tree dedication sign is permitted. Additional items, such as rocks or unauthorized plaques, are not allowed under the City's Policy.
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Item No. 18
AGENDA REPORT
DATE: July 28, 2025
TO: Honorable Mayor and City Council
FROM: Steven Graham Pacifico, City Attorney
SUBJECT: Amendment to Yucaipa Municipal Code Chapter 5.13 Related to Food Truck Permit Exceptions
RECOMMENDATION:
That the City Council:
1. Approve the Introduction and First Reading of Ordinance No. 461, an Ordinance of the City Council of the City of Yucaipa, California, amending Section 5.13.080 of the Yucaipa Municipal Code ("YMC") Relating to Food Truck Permit Exceptions; and
2. Direct the City Clerk to place the Ordinance on the consent calendar of the next regular City Council meeting for second reading and adoption.
BACKGROUND/DISCUSSION:
Yucaipa Municipal Code Section 5.13.080 currently exempts a single food truck from the itinerant -vendor permit requirement only when it is (1) parked entirely on paved private property and (2) serves only invited guests of that property. Stakeholders —including local breweries and tasting rooms —have noted that the paved -surface restriction and the lack of a right-of-way option discourage periodic "guest" food trucks and limit culinary variety for patrons.
In response to this issue, the proposed amendment advances economic -development goals by giving beverage -oriented businesses flexibility to host rotating food trucks while preserving public safety and neighborhood compatibility. Specifically, the ordinance:
1) Rewrites § 5.13.080 for readability by grouping the four exemptions (Special Events, Private -Property Single Truck, City -Sponsored Events, and Adjacent Right -of -Way) under clear headings and bullet -style conditions.
2) Eliminates the paved -surface requirement so trucks may locate on any part of the host's private parcel that meets Fire and Building Code clearances.
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3) Creates a new "Adjacent Public Property / Right -of -Way" exception that allows a truck to park on public property or within the immediately adjacent right-of-way when:
a) The host establishment is a bar, brewery taproom, winery or distillery tasting room, or similar beverage -first venue that would typically lack food service; b) The host secures an encroachment permit (or license agreement for City -owned parcels) conditioned on insurance, indemnification, traffic control, sanitation, hours of operation, noise mitigation, and restoration of the right-of-way; and
c) The food -truck operator appears no more than ten (10) days city-wide in any calendar year without obtaining a full itinerant -vendor permit.
FISCAL IMPACT:
The recommendation does not result in a fiscal impact.
Attachment(s):
1. Ordinance No. 461
Approved by: Cr U(
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ATTACHMENT 1
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ORDINANCE NO. 461
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YUCAIPA, CALIFORNIA, AMENDING SECTION 5.13.080 OF THE YUCAIPA MUNICIPAL CODE RELATING TO
FOOD TRUCK PERMIT EXCEPTIONS
WHEREAS, mobile food facilities —commonly known as "food trucks" —provide affordable, diverse dining options and support local entrepreneurship in the City of Yucaipa; and WHEREAS, Yucaipa Municipal Code ("YMC") § 5.13.080 currently exempts one (1) food truck from the itinerant -vendor permit requirement only when the truck is parked entirely on paved portions of private property and serves the guests of that property; and WHEREAS, the City Council finds that this limited exception unnecessarily limits a business's ability to host rotating food trucks and discourages small mobile operators that do not wish to obtain a separate itinerant -vendor permit for infrequent visits; and WHEREAS, allowing a food truck to locate within the immediately adjacent public property or public right -of -way —subject to an encroachment permit issued to the adjoining property owner or lawful lessee/tenant—will give brick -and -mortar establishments (for example, a neighborhood bar or tasting room) greater flexibility to offer periodic food service while ensuring the City retains control over public safety, insurance, indemnification, traffic management, sanitation, noise, and restoration of the right-of-way; and
WHEREAS, the City Council has determined that the amendments set forth herein are consistent with the City's economic -development goals and are exempt from the California Environmental Quality Act because adoption of this ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YUCAIPA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Findings. The City Council finds that Section 5.13.080(B) currently exempts from the itinerant vendor permit requirement a single food truck operating on private property only when the truck is parked entirely on paved portions of private property and service is limited to guests of the property owner or lawful lessee/tenant. The City Council desires to remove the requirement that the truck be located on a paved portion of private property and extend the exception to allow a truck to locate within the immediately adjacent public property or public right-of-way pursuant to an encroachment permit issued to the adjacent property owner or lawful lessee/tenant, subject to reasonable conditions to protect the public health, safety, and welfare. //
//
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Section 2. Amendment. Yucaipa Municipal Code Section 5.13.080 is amended to read in its entirety as follows:
5.13.080 Exceptions.
A. Special Events. A food truck operating as part of a City -approved special event is exempt from the itinerant -vendor permit otherwise required by this chapter, provided the operator complies with all conditions of the special -event permit issued under Chapter 5.16.
B. Single Truck on Private Property for Private Purposes. A single food truck may operate on private property without an itinerant -vendor permit when all of the following conditions are met:
(1) Written Permission. The property owner or lawful lessee/tenant has given written authorization to the truck operator. The written permission must specify the contracted vendor's business name and the dates and times which they are permitted to operate. The truck operator must maintain possession of the written permission at all times while operating within the City limits.
(2) Location. The truck is parked entirely on that private property. (3) Guests Only. Service is limited to the guests of the property owner or lawful lessee/tenant, and no sales are made to the general public. (4) Point -of -Sale. Food truck operator must possess a valid California Department of Tax and Fee Administration seller's permit which notes the City of Yucaipa as a location or sublocation, which shall be maintained during the dates of operation within the City of Yucaipa.
C. City -Sponsored Events on City Property. This chapter does not apply to a food truck operating at a City event or on City property when authorized by the City Manager or designee.
The authorizing agreement must include conditions that satisfy the purposes of this chapter.
D. Public Property/Right-of-Way Adjacent to a Qualifying Business. A food truck may operate on public property or in the public right-of-way immediately adjacent to a qualifying brick -and -mortar business without an itinerant -vendor permit, subject to the following:
(1) Qualifying Host Business. The adjacent business must be one whose primary activity involves on -premises consumption of beverages —such as a bar, brewery taproom, winery or distillery tasting room, or similar establishment.
(2) License Agreement / Encroachment Permit. The property owner or lawful lessee/tenant shall obtain a license agreement, in the case of public property, or an encroachment permit, in the case of public right-of-way, from the City. The permit is subject to all conditions imposed by the City Manager or designee, which may include: general -liability and automobile insurance naming the City as an additional insured; indemnification and defense of the City; temporary traffic -control and parking -management measures; sanitation, grease -capture, and waste -disposal requirements; hours and manner of operation; noise -mitigation measures; and 07/28/2025 City Council Agenda
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restoration of the right-of-way. The City Manager is authorized to negotiate and enter into such license agreements and encroachment permits for the purposes of this Section. (3) Point -of -Sale. Food truck operator must possess a valid California Department of Tax and Fee Administration seller's permit which notes the City of Yucaipa as a location or sublocation, which shall be maintained during the dates of operation within the City of Yucaipa. (4) Records. The host business shall maintain records of the dates and names of food truck businesses that serve their subject site. Such records shall be furnished to the City Manager or their designee on a monthly basis.
(5) Appearance Limit. A food truck operating under this subsection may appear no more than ten (10) days in any calendar year city-wide without first obtaining an itinerant -vendor permit.
(6) Compliance and Removal. The host business must ensure continuous compliance with all encroachment -permit conditions and shall cause the truck to relocate or cease operations immediately upon order of the City for public -safety or operational reasons.
E. County Health Permit. Notwithstanding the above, any person operating a food truck must comply with the provisions of Section 5.13.050. It is the responsibility of the qualifying host business to ensure their contracted food vendors comply and maintain compliance with all applicable state and county health standards and permits.
Section 3. Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is held invalid, the remaining portions shall remain in full force and effect.
Section 4. Publication and Effective Date. The City Clerk is ordered to publish this Ordinance as required by law. This ordinance shall take effect thirty (30) days after its adoption.
PASSED, APPROVED and ADOPTED this day of , 2025.
Jon Thorp, Mayor
ATTEST: APPROVED AS TO FORM
Ana V. Sauseda, MMC Steven Graham Pacifico
Director of General Services City Attorney
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Item No. 19
AGENDA REPORT
DATE: July 28, 2025
TO: Honorable Mayor and City Council ��
FROM: Fermin Preciado, Director of Development Services/City Engineer C • < Benjamin J. Matlock, Deputy Director of Community Development/City Planner,✓ SUBJECT: Consideration of the adoption of Urgency Ordinance No. 425-U, an Urgency Ordinance of the City Council of the City of Yucaipa, California, Adopting an Interim Measure Imposing a Moratorium on the Use, Construction, Establishment or Operation of New Service Stations and Car Washes
RECOMMENDATION:
That the City Council review its current policy regarding fuel stations and carwashes relative to the projected need for such facilities in the future, and if necessary, adopt Urgency Ordinance No. 425-U pursuant to California Government Code Section 65858 establishing a forty-five (45) day moratorium on the establishment or expansion of car washes and fuel station facilities.
BACKGROUND/DISCUSSION:
Fuel station facilities and carwashes are considered as Convenience/Support Services under Section
84.0230, Commercial Land Use Types, under the City Development Code. Within the City's approximately 28 square mile jurisdiction, there are currently 14 fuel station facilities in operation and an additional 41 that have been entitled, 3 of which are under construction. In combination, a total of 18 fuel stations could be in operation in the near future. In addition, there are currently 10 existing carwash facilities, with 2 that are under construction. These carwash facilities include a mix of accessory washes to a fuel station, several "full service" carwashes, several express carwash tunnels, or coin operated washes.
The City of Yucaipa has a current population of approximately 55,000 people, and a General Plan buildout of approximately 80,000 people. Due to the relatively high sales margins of these specific uses, the City has seen a proliferation of these businesses. In response, study sessions by the City Council were held on May 24, 2021, and then on April 10 and 24, 2023, to discuss carwash and fuel station land uses and possibly explore a moratorium of new approvals of these types of businesses.
During those discussions, it was recognized that the City has seen substantial growth with these two land uses, and that community members have expressed concern over the saturation of those uses. In ' The Yucaipa Pointe project approval also included either the redevelopment of the existing Mobile fuel station or development of a new station as a site alternative.
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addition, Council has recognized that the oversaturation of car washes in the City provides minimal economic benefit to the City or City residents, as that use results in low sales tax revenues, and does not hire a significant number of employees. The City Council also recognized that the development of these saturated uses would result in the loss of commercially zoned land in prime areas of the community that could otherwise be developed to provide a significant benefit and revenue to the community. However, the City Council ultimately did not move forward with a revision to the policy at that time.
At the conclusion of the June 23, 2025, City Council meeting, staff was directed to agendize a follow up discussion on this topic and that it may be prudent that the City's stance regarding these uses be reconsidered, recognizing that the projects that were previously entitled are now materializing and are under construction.
Options to Consider:
To address the concerns regarding the potential growth of these uses, the City Council can consider several options that include few different levels of restrictions for these uses:
• Complete Prohibition: All new fuel station and car wash facilities would be prohibited, but previously approved facilities could be constructed. Existing facilities would also remain eligible for remodeling or modifications.
• Partial Prohibition: New facilities would only be permitted in limited areas of the City, such as the Freeway Corridor Specific Plan area, where such uses are typically part of a regional commercial center. Saturated areas, such as Oak Glen Road or Yucaipa Boulevard, would be subject to prohibition.
• Types of Use: Based on the City Council's request, the discussion focuses on both carwashes and fuel station facilities. The above -mentioned prohibitions could be tailored to address one of the uses, or to only pertain to these uses as a stand-alone development project (i.e. development that is not part of a larger commercial center). • No Change in Policy: Applicants can continue to propose fuel station and car wash facilities and would remain permissible in the City's commercial land use districts.
However, the City Council may find it prudent to halt any approvals for new facilities while a formal policy is developed. This can be accomplished through an urgency ordinance, which establishes a temporary moratorium to adequately allow the time necessary for the City Council's ultimate direction and decision.
Urgency Ordinance:
Government Code Section 65858 provides:
"Without following the procedures otherwise required prior to the adoption of a zoning ordinance, the legislative body of a...city...to protect the public safety, health, and welfare, may adopt as an urgency measure an interim ordinance prohibiting any uses that may be in conflict with a contemplated General Plan, Specific Plan, or Zoning proposal that the legislative body, Planning Commission or the Planning Department is considering or studying 07/28/2025 City Council Agenda
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or intends to study within a reasonable time. That urgency measure shall require a four -fifths vote of the legislative body for adoption. The interim ordinance shall be of no further force and effect 45 days from its date of adoption. After notice pursuant to Section 65090 and public hearing, the legislative body may extend the interim ordinance for 10 months and 15 days and subsequently extend the interim ordinance for one year. Any extension shall also require a four -fifths vote for adoption. Not more than two extensions may be adopted." Based on the concerns of the growth of these uses, as well as the potential for additional applications to be submitted while a formal policy is developed and implemented, an Interim Urgency Ordinance has been drafted for the City Council's consideration. The Ordinance would establish a temporary moratorium prohibiting the approval of such uses, and allow staff the opportunity to formally amend the Development Code that can appropriately curtail the development of such uses in the future. While the Interim Urgency Ordinance would prohibit approval of new gas station and carwash facility applications, state law would still require that staff continue to process any pending or submitted applications received during the moratorium period and "hold" such applications from a decision, as interim ordinances only temporarily suspends project approvals and not project processing.
Government Code Section 65858 also requires that prior to adoption of any urgency ordinance, the City Council must find that there is a current and immediate threat to the public health, safety, or welfare and that adoption of an interim ordinance would protect the public safety, health, or welfare.
The attached ordinance includes findings of public health, safety and welfare risk to the community with the continued development of these uses. Pursuant to Government Code Section 65858, the initial term of an urgency ordinance formally establishing a moratorium is 45 days, which can be extended in order to complete the work required to incorporate new development regulations, with a second extension of an additional ten months and 15 days, following a noticed public hearing, and one more extension for up to an additional 12 months (a potential duration of two years). Ten days prior to the expiration of the initial urgency ordinance or any extension, the City Council is required to issue a written report describing the measures taken to alleviate the condition that led to the adoption of that ordinance. Following adoption of an urgency ordinance under Section 65858, subsequent urgency ordinances affecting the same property are prohibited unless the subsequent ordinance is adopted to protect the public safety, health, and welfare from an event, occurrence or set of circumstances different from those that led to the adoption of the prior interim ordinance.
FISCAL IMPACT:
The recommendation does not result in a fiscal impact.
Attachment:
1. Urgency Ordinance No. 425-U
Approved
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ATTACHMENT 1
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ORDINANCE NO. 425-U
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YUCAIPA,
CALIFORNIA, ADOPTING AN INTERIM MEASURE IMPOSING A MORATORIUM
ON THE USE, CONSTRUCTION, ESTABLISHMENT OR OPERATION OF NEW
SERVICE STATIONS AND CAR WASHES
WHEREAS, pursuant to the City of Yucaipa's police power, the City Council of the City of Yucaipa ("City Council") has the authority to enact and enforce ordinances and regulations for the public peace, morals and welfare of the City and its residents; and WHEREAS, California Government Code Section 65858 provides that, without following the procedures otherwise required prior to the adoption of a zoning ordinance and for the purpose of protecting the public safety, health and welfare, the City Council may adopt, as an urgency measure, an interim ordinance prohibiting any uses which may be in conflict with "a contemplated general plan, specific plan, or zoning proposal that the City Council, planning commission or the planning department is considering or studying or intends to study within a reasonable time"; and WHEREAS, the City Council is concerned that Service Stations and Car Washes may be incompatible with the public health and safety of Yucaipa and the City Council believes that careful consideration and thorough study of potential regulations pertaining to these facilities is required; and
WHEREAS, to address community concerns regarding the proliferation of Service Stations and Car Washes, it is necessary for the City Council study the potential impacts such uses may have on the public health, safety and welfare; and
WHEREAS, based on the foregoing and those matters determined at the meeting at which this Ordinance is introduced and adopted, the City Council finds the use, construction, establishment and/or operation of Service Stations and Car Washes would pose a current and immediate threat to the public health, safety or welfare, and that a temporary moratorium is thus necessary; and
WHEREAS, this Ordinance is an interim urgency ordinance adopted pursuant to the authority granted to the City by Government Code Section 65858 and is for the immediate preservation of the public health, safety and welfare. The facts constituting the urgency are:
1. The City is concerned with the public nuisance caused by Service Stations and Car Washes, involving the following:
a. The presence of 14 existing and active Service Stations and 10 existing and active Car Washes in the City
b. The total of 4 Service Stations and 2 Car Washes that have already been approved through the City's land use entitlement process.
c. The limited economic benefit of such facilities in terms of property tax generation, sales tax generation and employment generation.
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d. The current limited supply of appropriately zoned lands within the City and the potential loss of future economic opportunity for the City through the continued absorption and utilization of this limited land supply for Service Stations and Car Washes.
2. The City Council desires to investigate and study the impacts of Service Stations and Car Washes; and
3. Absent the adoption of this Ordinance, the use, construction, establishment or operation of Service Stations and Car Washes in the City may pose a serious threat to public health and safety, introducing incompatible land uses to existing neighborhoods or in close proximity thereto; and
4. Absent the adoption of this Ordinance, the number and location of Service Stations and Car Washes may increase the burden upon City services; and
5. As a result, it is necessary to establish a temporary, forty-five (45) day moratorium on the use, construction, establishment and/or operation of Service Stations and Car Washes in the City, pending completion of the City's study of the potential impacts; and
6. In addition, it is necessary to prohibit, as a public nuisance, the use of any structure for Service Stations and Car Washes for the duration of this Ordinance, or any extension thereof; and
WHEREAS, the City Council determines, by at least a four -fifths (4/5) vote, that this urgency ordinance is a matter of City-wide importance, is a reasonable and necessary measure designed for the immediate preservation and protection of the public health, safety or welfare of the community, and is in accord with the public purposes and provisions of applicable State and local laws and requirements.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YUCAIPA DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. CEQA.
The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly; and it prevents changes in the environment pending the completion of the contemplated municipal code review.
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Section 2. Incorporation.
The recitals and statements of fact set forth in the preamble to this Ordinance are true and correct, constitute a substantive part of this Ordinance, and are incorporated herein by this reference. Based on those facts, the City Council finds, determines and declares that this Ordinance is necessary as an emergency measure for the immediate preservation of the public peace, health or safety pursuant to, and as authorized by, Section 65858(a) of the California Government Code.
Accordingly, this Ordinance shall become effective immediately upon adoption.
Section 3. Direction; Definition.
It is necessary to establish a temporary, forty-five (45) day moratorium on the use, construction, establishment and/or operation of new Service Stations and Car Washes pending completion of the City's study of the potential impacts and regulation of such, and possible amendments to the City's zoning ordinance and related provisions of the Yucaipa Municipal Code to ensure that adequate development standards and implementation regulations are in effect prior to permitting such within the City of Yucaipa. To that end, the City Manager is directed to analyze the appropriateness of Service Stations and Car Washes within the city limits of the City of Yucaipa, including but not limited to, the desirability, appropriateness and effectiveness of development standards and regulatory controls.
For purposes of this Ordinance, Service Station shall have the same meaning as found in Section 812.19040 and Car Wash shall mean any building, equipment, facility or any other type of structure erected, placed, located or maintained in which power driven or steam cleaning machinery is used for the exterior and interior washing and cleaning of automobiles and other motor vehicles. Such facility and equipment may be designed for self-service or full -service operation.
This moratorium shall not be interpreted as affecting the use or operation of any:
1. Legally existing Service Stations and Car Washes in the City; or
2. Service Stations and Car Washes that have not yet been completed but which are subject to:
a. A vesting tentative map; or
b. Development agreement; or
c. An approved entitlement within a Unified Commercial Center d. For which a building permit has been issued and in good faith reliance on such issuance substantial work has been completed and substantial liabilities incurred.
Section 4. Moratorium Established.
In accordance with the authority granted to the City of Yucaipa by California Government Code Section 65858 and for the reasons set forth herein above, commencing as of the effective date of this Ordinance and continuing thereafter for a period of forty-five (45) days, no approvals may be made or issued by the City, its officers or employees of any applications for a use permit, variance, building permit, business license or any other applicable entitlement or permit, for the use of any land within the City or the construction, establishment or operation of Service Stations or Car Washes for the period of this Ordinance, or any extension thereof, Service Stations or Car Washes 07/28/2025 City Council Agenda
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shall be considered prohibited uses in any zoning district of the City and neither the City Council nor City staff shall approve any use permit, license, certificate of occupancy, zoning code or general plan amendment authorizing the use of any land within the City as Service Stations or Car Washes.
Section 5. Prohibition.
No person shall commence, construct, establish, or operate any Service Station or Car Wash, as defined in this Ordinance, within the City limits of the City of Yucaipa during the period this Ordinance is in effect.
Section 6. Violation A Public Nuisance.
The construction, establishment or operation of any Service Station or Car Wash as defined in this Ordinance, within the city limits of the City of Yucaipa during the period this Ordinance is in effect is declared to be a public nuisance and poses a current and immediate threat to the public health, safety and welfare. No property in any zone of the City is to be used for purposes of a Service Station or Car Wash during the period this Ordinance is in effect. The use of any property for such purpose shall be a public nuisance. A violation of this Ordinance shall be and is hereby declared to be contrary to the public interest and shall, at the discretion of the City, create a cause of action for injunctive relief as well as any other available civil remedies. Additionally, any person that violates this Ordinance may be subject to the City's applicable administrative remedies.
Section 7. Severability.
The City Council of the City of Yucaipa hereby declares that should any section, paragraph, sentence, phrase, term or word of this Ordinance be declared for any reason to be invalid; it is the intent of the City Council that it would have adopted all other portions of this Ordinance independent of the elimination here from of any such portion as may be declared invalid. If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase thereof, irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence, clause or phrase had been declared invalid or unconstitutional.
Section 8. Report.
The City Manager is authorized and directed to prepare the report required by paragraph (d) of California Government Code Section 65858 describing the measures taken to alleviate the condition which led to adoption of this Ordinance for presentation to the City Council no later than ten (10) days prior to the expiration of this Ordinance. 07/28/2025 City Council Agenda
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Section 9. Effective Date; Four -Fifths Vote Required.
This Ordinance shall become effective immediately upon adoption if adopted by at least a four - fifths (4/5) vote of the total members of the City Council and shall be in effect for forty-five (45) days from the date of adoption, unless extended by the City Council as provided in California Government Code Section 65858.
Section 10. Publication.
The City Clerk shall certify to the passage of this Ordinance and shall cause this Ordinance or a summary thereof to be printed once within fifteen (15) days after its adoption in a newspaper of general circulation, published and circulated in the City of Yucaipa.
PASSED, APPROVED and ADOPTED this 28th day of July, 2025.
Jon Thorp, Mayor
ATTEST: APPROVED AS TO FORM:
Ana V. Sauseda, Steven Graham Pacifico, City Attorney
Director of General Services/City Clerk
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AGENDA REPORT
DATE:
TO:
FROM: Fermin Preciado, Director of Development Services/City Engineer ` Benjamin J. Matlock, Deputy Director of Community Development/City Planner`7- Item No. 20
July 28, 2025
Honorable Mayor and City Council
SUBJECT: Adoption of Updated Fire Hazard Severity Maps
RECOMMENDATION:
That the City Council conduct a public hearing and:
1. Adopt Resolution No. 2025-20, adopting the Safety Element Update to the General Plan, which incorporates the updated Fire Hazard Severity Zone Maps from the state, while authorizing and directing the Interim City Manager and City Planner to make any technical or clerical revisions of clarifications to the Safety Element as may be required by State Board of Forestry; and
2. Adopt Urgency Ordinance No. 459-U, An Urgency Ordinance of the City Council of the City of Yucaipa, California, Adopting the California Department of Forestry and Fire Protection Fire Hazard Severity Zone Map for Local Responsibility Areas and associated Building Code Standards; and
3. Approve the Introduction and First Reading of Ordinance No. 459, An Ordinance of the City Council of the City of Yucaipa, California, Adopting the California Department of Forestry and Fire Protection Fire Hazard Severity Zone Map for Local Responsibility Areas and associated Building Code Standards; and
4. Direct the City Clerk to place Ordinance No. 459 on the consent calendar of the next regular meeting of the City Council for Second Reading and Adoption; and
5. Determine that the update to the Safety Element is within the scope of the Environmental Impact Report (EIR) prepared pursuant to the provisions of Section 15168 of the California Environmental Quality Act of 1970 and the CEQA Guidelines, as amended, for the City's General Plan and is further exempt from environmental review pursuant to Section 15061(b)(3), of the CEQA Guidelines; and
6. Direct staff to file a Notice of Determination.
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BACKGROUND/DISCUSSION:
On March 24, 2025, the Office of the State Fire Marshal (OSFM), a program of CAL FIRE, released the first comprehensive update to the Local Responsibility Area (LRA) Fire Hazard Severity Zone Maps since 2007. The 2025 release applies current fire -science modeling —incorporating topography, prevailing fire -weather, fuel loads, ember transport and historical fire perimeters —to classify parcels based on fire severity as Moderate, High, or Very High hazard.
California Government Code § 51179 requires the City to "designate, by ordinance, moderate, high, and very high fire hazard severity zones in its jurisdiction within 120 days of receiving recommendations from the State Fire Marshal..." The statute further prohibits a city from removing areas or reducing the area of a CAL FIRE -recommended hazard classification. The City may add parcels to the Very High Fire Severity Zone if adding the parcel is supported by substantial evidence in the record.
Failure to adopt the map would leave the City in statutory non-compliance, potentially affecting eligibility for state wildfire -mitigation grants and complicating enforcement of the California Building Code standards.
The City's current Very High Fire Hazard Severity Zone (VHFHSZ) boundary is now 15 years old, which is identified by the Fire Safety Overlay boundary in the City's Safety Element of the General Plan, and no longer reflects present-day fuel conditions or ember -casting dynamics. The new maps reflect adjustments that align with CAL FIRE's statewide trend of migrating more acreage into higher hazard bands as climate -driven fire behavior intensifies. The adoption of the updated maps would result in the following:
Building Standards. Once the City designates the updated VHFHSZ, all new buildings and qualifying remodels within that zone must comply with Wildland-Urban Interface (WUI) building codes and defensible -space & vegetation management.
Grant Eligibility. Alignment with the OSFM map positions the City favorably for upcoming grant opportunities such as CAL FIRE Fire -Prevention and FEMA BRIC grant cycles, both of which score applications on current hazard mapping consistency.
Map Adoption and Implementation:
To address the new Fire Hazard Severity Zone Maps from the state, several key changes need to occur and are identified below:
General Plan Amendment:
The Safety Element is one of the seven mandatory elements of the General Plan. The City recently completed an update to the Safety Element to meet recent requirements from Senate Bill (SB) 1035 SB 1241, SB 379, and SB 99, and was adopted by the City Council on July 22, 2024. However, the state released the updated Fire Hazard Severity Zone Maps after its adoption, which amended the 07/28/2025 City Council Agenda
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locations of High and Very High Fire Hazard Severity Zones, and introduced a new Moderate Fire Hazard Severity Zones.
The City incorporates the Fire Hazard Severity Zones in Figure S-3 of the Safety Element, and designates the Very High Fire Hazard Severity Zone as FR-1 and the High Fire Hazard Severity Zone as FR-2. To meet the new map requirements, an update is proposed that would modify Figure S-3 to the updated statewide maps, and a new FR-3 designation has been created to correspond to the new Moderate Fire Hazard Severity Area. Associated text within the Safety Element has also been updated to ensure that all necessary references are correct, and Figure S-5 also overlays the hazard boundaries for reference. It should be noted that the City's proposed map matches the version developed by the state, and does not include any additional properties into the Very High Fire Hazard Severity Zone.
Additional changes to the Safety Element include the reference of the El Dorado Fire as a recent significant fire in the area, and to support the document formatting that occurred with the added text for the FR-3 designation, two new photographs from the El Dorado Fire were also added. As a requirement, these proposed changes are in the process of being reviewed by the State Board of Forestry and Fire Protection. As such, authorization is requested to make any changes necessary to achieve approval by the Board.
Municipal Code Amendment (Ordinance No. 459):
The City of Yucaipa has historically implemented the Fire Hazard Severity Zones and their corresponding fire standards through its Safety Element, the Fire Safety Overlay standards in the Development Code, and in the Fire Code Section of Title 15 of the Municipal Code. Ordinance No. 459 would formally adopt the updated maps and include a proposed FR-3 designation that would then correspond to the Moderate Fire Hazard Severity Zone. It should be noted that matching changes are also proposed to the Development Code (Ordnance No. 450) that will be presented to Council following a recommendation from the Planning Commission.
Urgency Ordinance (Ordinance No. 459-U):
Due to the statutory deadline established by the California Department of Forestry and Fire Protection (CAL FIRE) for the adoption of the updated Fire Hazard Severity Zone Map for Local Responsibility Areas, the City was unable to meet the required timelines for standard ordinance adoption under regular noticing procedures. As a result, an urgency ordinance is necessary to ensure timely compliance with state law and to avoid any potential regulatory or legal gaps. In parallel, a regular version of the ordinance is also being introduced to provide continuity and reinforce the urgency measure through the standard legislative process, consistent with best practices and transparency in governance. Pursuant to state law, an urgency ordinance must be adopted by a 4/5ths vote.
Public Outreach. Staff has posted the interactive map on the City website, created a webpage ( https://yucaipa.gov/fire-hazard-severity-zones/) regarding the updated maps and what they mean, and also posted a video podcast with the Fire Chief with additional information on the update ( https://youtu.be/9Gn3wWx140w) .
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ENVIRONMENTAL REVIEW:
The proposed Safety Element and Ordinances do not directly result in the development of any parcel of land. An Environmental Impact Report (EIR) was certified by the City Council on April 11, 2016, for the City's comprehensive General Plan update. No changes to the environment have occurred since the preparation of the original 2016 EIR that would require preparation of a subsequent EIR pursuant to Section 15162 of the CEQA Guidelines. It can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment as the update incorporates the required Fire Hazard Severity Maps update that was developed through CAL FIRE and makes all necessary adjustments to ensure that they are implemented correctly. Instead, the revised Fire Hazard Severity Zone Map would trigger more stringent Fire Department Conditions of Approval for new development, which would increase emergency access and climate resiliency.
Therefore, the adoption and actions proposed with the Safety Element update would not result in new significant impacts that were not originally analyzed in the 2016 General Plan EIR.
FISCAL IMPACT:
This recommendation does not result in a fiscal impact.
Attachments:
1. Resolution No. 2025-20
2. Safety Element Update
3. Ordinance No. 459
4. Ordinance No. 459-U
Approved by:
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ATTACHMENT 1
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RESOLUTION NO. 2025-20
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUCAIPA,
CALIFORNIA, ADOPTING AN UPDATE TO THE YUCAIPA GENERAL
PLAN SAFETY ELEMENT
WHEREAS, the City of Yucaipa ("City") has undertaken a comprehensive review of the City's General Plan and prepared a revised long-range vision for the City, referred to as the "Yucaipa General Plan 2016 Update" (also referred to herein as the "General Plan Update"); and WHEREAS, after notice issued pursuant to the requirements of the Yucaipa Municipal Code, the City Council held a duly noticed public hearing on April 11, 2016, and ultimately approved the comprehensive General Plan; and
WHEREAS, as provided in Government Code Section 65350 et. seq. and Public Resources Code, the update to the City's Public Safety Element, which is the City's official title given to the Safety Element, to ensure conformance with state law constitutes a General Plan Amendment ("Project" & Case No. PLN-PDE-25-0001); and
WHEREAS, the City of Yucaipa Public Safety Element incorporates the Fire Hazard Severity Zone (FHSZ) maps developed from the State Fire Marshal's office, which released new maps on March 24, 2025, and State law requires local agencies to adopt these map updates by July of 2025; and
WHEREAS, the State Board of Forestry and Fire Protection is reviewing the Public Safety Element changes to update the map references relative to the last update that was approved at their meeting of April 9, 2024; and
WHEREAS, the project proponent is the City of Yucaipa, located at 34272 Yucaipa Boulevard, Yucaipa, CA 92399; and
WHEREAS, attached hereto, marked as Exhibit "A" and incorporated herein by this reference, is a proposed amendment to the General Plan of the City of Yucaipa consisting of a revised Public Safety Element; and
WHEREAS, the update is included as part of the City's General Plan Amendment for the first quarter of 2025; and
WHEREAS, after notice issued pursuant to the provisions of the Yucaipa Municipal Code, the Planning Commission conducted a public hearing on June 18, 2025, at which time all interested parties were given an opportunity to be heard and present evidence regarding the Public Safety Element 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 General Plan Update, the Planning Commission recommended that the City Council adopt environmental findings pursuant to the California 07/28/2025 City Council Agenda
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Environmental Quality Act ("CEQA") (Public Resources Code § 21000 et seq.), and recommended that the City Council approve the Public Safety Element Update; and WHEREAS, on July 11, 2025, a notice of a City Council public hearing on the Public Safety Element Update was published in the Yucaipa News Mirror; and WHEREAS, after notice issued pursuant to the requirements of the Yucaipa Municipal Code, the City Council held a duly noticed public hearing on July 28, 2025, at which time all interested parties were given an opportunity to be heard and present evidence; and WHEREAS, the Public Safety Element 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 that no additional environmental review is required from the certified General Plan Environmental Impact Report. It can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment as the update incorporates the required Fire Hazard Severity Maps update that was developed through CAL FIRE and makes all necessary adjustments to ensure that they are implemented correctly.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YUCAIPA HEREBY RESOLVES AS FOLLOWS:
Sectionl. The information set forth in the Recitals above is true and accurate in all respects.
Section 2. Based on the record of proceedings, the City Council hereby finds as follows.
Section 3.
A. The State of California requires every municipality to periodically update the Public Safety Element following the adoption of an update to the Housing Element of its General Plan.
B. The City's Public Safety Element incorporates the state's Fire Hazard Severity Map as part of Figure S-3, Fire Hazard Overlay.
C. The state of California has recently released new Fire Hazard Severity Maps that must be adopted by all local agencies, and among their changes, includes a new "Moderate Fire Hazard Severity Zone."
D. The Safety Element and its references to the Fire Hazard Overlays shall be consistent with the state's Fire Hazard Severity Zones, and the update makes all necessary changes to ensure that references are made.
The City Council hereby finds that the 2016 General Plan Environmental Impact Report and all subsequent amendments had been prepared in compliance with the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder, and, this Council has reviewed and considered the information and finds that no changes to the environment have occurred since the preparation of the original EIR that would require preparation of subsequent EIR pursuant to Section 15162 of the CEQA Guidelines.
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Section 4.
Section 5.
Section 6.
Pursuant to California Government Code Section 65351, during preparation of an amendment to the General Plan, the planning agency shall provide opportunities for the involvement of citizens, public agencies, civic, educational, and other community groups, through public hearings and other means the City deems appropriate. Such public involvement included public study sessions before the Planning Commission and City Council prior to and upon completion of the draft Housing Element. In advance of each hearing, notices of public hearing were published in the local newspaper, and posted at the City's official posting places.
Pursuant to California Government Code Section 65300.5, general plan policies must be internally consistent, and the City Council finds that the General Plan will continue to be internally consistent upon the adoption of General Plan Amendment No/ PLN-PDE-25-0001.
Based on the findings as contained in the Agenda Report, the City Council hereby approves General Plan Amendment No. PLN-PDE-25-0001and adopts Public Safety Element, in accordance with the Planning Commission recommendation as set forth in the Planning Commission Agenda Report dated June 18, 2025.
Section 7. The Mayor shall sign and the City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED and ADOPTED on this 28th day of July, 2025.
Jon Thorp, Mayor
ATTEST:
Ana V. Sauseda, MMC
Director of General Services/City Clerk
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ATTACHMENT 2
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INTRODUCTION
Protecting the public's health, safety, and welfare is a fundamental goal of any municipality, and this goal is a central part of Yucaipa's mission.
Yucaipa is committed to protecting its residents from natural and human -caused hazards due to geology, flooding, wildfires, severe weather, air pollution, and climate change. This Public Safety Element is designed to address the community's safety, health, and welfare as they relate to these hazards.
Yucaipans cherish the hills, landforms, and creeks in their community.
When coupled with a built environment of homes, buildings, and infrastructure systems, however, these features are also the source of hazards. Earthquake faults that flank the hills can trigger landslides. The streams and rivers that created the "benches" and canyons over time can overflow channels and lead to flooding. The grasslands covering the hills present a risk of wildland fires. Even severe weather can present safety hazards.
In light of these concerns, this Public Safety Element is intended to: 1) recognize the local hazards associated with Yucaipa's natural environment (geology, landforms, waterways, and weather), and 2) identify methods to manage these risks and protect people, property, infrastructure, and structures from harm. As the policies and actions are implemented over the next 20 years, the City of Yucaipa will be increasingly less impacted by disasters, and in the process, become more self-reliant, sustainable, and prosperous.
Public Safety
Updated 2025
In This Element:
+ Geology and Seismic Safety
+ Flood Safety
+ Fire Safety
+ Emergency Preparedness
+ Severe Weather
+ Noise Hazards
+ Air Quality and Climate Change
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7. PUBLIC SAFETY 2024 UPDATE
General Plan vision themes in
this element include:
An attractive, peaceful, and safe
community
Health, safety, and well- being of
our residents
7-2 I CITY OF YUCAIPA GENERAL PLAN
Purpose and Scope
The Public Safety Element is a state -mandated general plan element that is intended to identify and protect the community from risks due to natural and human -caused hazards. The element addresses the following hazards with associated goals and policies:
+ Natural Hazards. Natural hazards include a range of seismic and geologic hazards, flooding hazards, wildland and urban fire hazards, and severe weather, most of which are caused by inclement weather or natural events.
+ Human -Caused Hazards. These include air pollution, climate change, and noise hazards that are caused by human activities.
Other transportation -related and public safety hazards are addressed in other elements of the general plan.
+ Emergency Preparedness. Emergency preparedness refers to the range of procedures, methods, and protocols the City of Yucaipa uses to prepare for emergencies and disasters, respond to them, and recover from them.
Related Plans
Yucaipa's Public Safety Element is implemented by various plans for protecting the community. Some of these plans are provided by the City of Yucaipa; others are provided by other organizations. + Drainage and Flooding. The City's Master Plan of Drainage (MPD) provides an assessment of drainage and infrastructure needs and a plan for the maintenance and construction of detention basins to protect from flooding hazards.
+ Fire Service Planning. The Yucaipa Fire Department, through a contract with the California Department of Forestry and Fire Protection (CAL FIRE), prepares a fire services plan to provide fire protection and emergency medical services to the city.
+ Local Hazard Mitigation Plan (LHMP). Yucaipa's LHMP identifies hazards and establishes a plan to prepare for emergencies and disasters and mitigate potential impacts, developed in accordance with the Disaster Mitigation Act of 2000 and FEMA's Local Hazard Mitigation Plan guidance. The LHMP identifies and profiles hazards, analyzes the people and facilities at risk, and provides mitigation actions to reduce or eliminate hazard risk. These mitigation actions include short and long-term strategies, with planning, policy changes, programs, projects, and other activities. The link to the plan is https://yucaipa.gov/disaster-preparedness/
+ Emergency Operations Plan. The City's Emergency Operations Plan provides a comprehensive organizational and procedural guide for preparing for, responding to, and recovering from natural disasters or human -caused emergencies.
The next sections provide context for each topic, followed by goals, policies, and programs to achieve the General Plan vision. 07/28/2025 City Council Agenda
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GEOLOGIC AND SEISMIC SAFETY
The City's location in the Yucaipa Plain, and the Crafton and Yucaipa Hills, coupled with the many streams that flow through the community, has contributed to its naturally undulating terrain. The natural forces (flooding, earthquakes, winds, etc.) responsible for Yucaipa's unique terrain also have the potential to damage structures, roads, and utility systems as well as threaten people.
Geologic Hazards
The City rests primarily on alluvium deposited by the Yucaipa Creek and its tributaries. Older deposits consisting of alluvial fan conglomerate and other decomposed, clay -rich alluvia cover Central Yucaipa and Dunlap Acres. Younger alluvial deposits cover the river wash areas and Dunlap Acres west of Oak Glen Road. Parts of west Yucaipa are on Reservoir Canyon Hill, which is composed of crystalline rocks and older alluvium. Crafton Hills and Yucaipa Hills are composed of crystalline and metamorphic rock.
Yucaipa's geologic setting can, under certain circumstances, present hazardous conditions. These hazards are most frequently triggered by seismic or flood events.
+ Unstable Soils. Yucaipa's clay soils and young, relatively low - compacted soils can shrink or swell depending on moisture content. This occurs particularly during flood or earthquake.
Structures on these soils may experience shifting, cracking, and breaking damage as soils shrink, subside, or expand. Unstable soils are primarily adjacent to the drainage courses.
+ Slope Instability. Slope failures occur most often along steep canyons, hillsides, and channels and can be triggered by flooding and earthquakes. Although Yucaipa has a low to moderate potential, landslides have occurred in Crafton Hills and in northern Yucaipa. These areas are also subject to a higher risk of mud/debris flow due to the topography.
+ Ground Subsidence. Ground subsidence involves the settling of ground surface due to extraction of oil, gas, or groundwater.
Although Yucaipa does not have extraction fields, the Yucaipa Basin is in overdraft and thus has a low to moderate potential for ground subsidence throughout the community. Isolated cases of ground subsidence have occurred in the past.
+ Soil Corrosiveness. Many studies in Yucaipa have documented the presence of corrosive soils, which are those with a low pH.
Corrosive soils can be responsible for premature eroding of buried metal pipes and concrete foundations. In terms of location, Yucaipa's soils can be corrosive on its adjacent hillsides, in Central Yucaipa, and portions of Dunlap Acres.
7. PUBLIC SAFETY
Excessive rainfall after a fire can lead to
slope instability and mud/debris flows.
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7-4 I CITY OF YUCAIPA GENERAL PLAN
Seismic Hazards
Yucaipa is in a seismically active region. The San Andreas Fault and San Jacinto Fault Zone accommodate up to 80% of the slip rate between the North American and Pacific plates. The San Bernardino segment of the San Andreas transects the northern portion of the community along the base of Yucaipa Ridge. The San Andreas is the dominant fault in southern California and is capable of producing an 8.0 magnitude (M) earthquake, which is also capable of threatening property and lives.
Yucaipa has surface traces of active faults capable of producing damaging earthquakes. The Chicken Hill Fault runs through west Yucaipa and parallels Oak Glen Road south of Yucaipa Boulevard. The Crafton Hills Fault runs along the southeast front of the Crafton Hills of Yucaipa. Northern Yucaipa is also transected by a series of fault lines, designated Alquist-Priolo Zones (AP zones). Among others, recent earthquakes include:
+ 2008 Chino Hills earthquake (M5.5)
+ 2005 Yucaipa earthquake (M4.9)
+ 2003 Big Bear earthquake (M5.4)
+ 2003 Yucaipa earthquake (M5.2)
+ 2001 Yucaipa earthquake (M5.1)
+ 1998 Crafton Hills earthquake (M4.5)
+ 1994 Highland earthquake (M5.0)
Seismic hazards depend on the fault, soil types, and water table.
Geologic hazards in Yucaipa include:
+ Ground Shaking. Yucaipa is subject to severe ground shaking due to fault ruptures along many of its active faults. The most intense shaking that could damage structures is expected from the San Andreas Fault, which passes along northern Yucaipa. Additional shaking could also occur adjacent to or near the many active faults and trace faults crossing the community.
+ Liquefaction. Yucaipa is generally susceptible to liquefaction, which is the loss of the strength or cohesion of soil. This can occur on young, loose, unconsolidated sediments. Whereas much of the City has liquefaction concerns, the only area at high risk of liquefaction is near Mill Creek Canyon, where groundwater levels are within 50 feet of the surface.
+ Seismically Induced Settlement. Much of Yucaipa is underlain by young, unconsolidated alluvial deposits and artificial fill that may be susceptible to seismically induced settlement. Sparse information is available on historical occurrences. This hazardous condition is most likely to occur in the Dunlap Acres planning area, portions of the North Bench, and along creeks.
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Protecting Our Community
Protecting Yucaipa from the threat of geologic hazards is achieved through the identification of hazards, mitigation of structures at risk, enforcement of building codes and development standards, and public education and emergency preparedness.
Hazard Identification
The City of Yucaipa has established a Geologic Hazard Overlay District in the Municipal Code for designated areas within the community where active faults, liquefaction, subsidence, and mudflows may present a threat to structures, property, and people. Figure S-1, Geologic Hazard Overlay District, designates the general location of potential geologic and seismic hazards in Yucaipa.
Geotechnical Study
For building and structures proposed within the Geologic Hazards Overlay District or other areas required by the City Building Official, a geotechnical hazard study is required as part of the application. The geotechnical study must document the potential for geologic and seismic hazards in accordance with local regulations and state law.
Seismic hazard mitigation measures identified by the geotechnical study, overlay district, or City Building Official must be incorporated into the project design prior to approval.
Structures at Risk
Advances in engineering techniques and building codes have reduced the threat of seismic -related collapse in new buildings. However, buildings built before modern seismic standards are at risk — unreinforced masonry, precast concrete tilt -up walls, soft -stories, and nonductile concrete frames. Of particular concern are Yucaipa's 42 mobile home parks. Critical infrastructure (gas, water, electric lines, and aboveground water storage reservoirs) can also be damaged during an earthquake. The City is pursuing programs to upgrade facilities, infrastructure, and housing units.
Building Codes and Development Standards
Proposed projects in the Geologic Hazards Overlay District must adhere to California building codes and state law. These codes provide minimum standards to protect property and public safety by regulating the design and construction of excavations, foundations, building frames, retaining walls, and other features to mitigate the effects of earthquakes. State law provides additional seismic safety standards for schools, hospitals, infrastructure, and critical facilities. Seismic hazard mitigation measures are included.
Adherence to the following goal and policies will help mitigate potential harm from Yucaipa's geologic and seismic hazards.
7. PUBLIC SAFETY
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7. PUBLIC SAFETY
7-6 I CITY OF YUCAIPA GENERAL PLAN
2024 UPDATE
GOAL S-1: GEOLOGIC AND SEISMIC SAFETY
Adequate protection of public health and safety; property; and economic, social, and service functions from seismic and geologic hazards.
Policies
5-1.1 Geologic Hazard Identification. Maintain and
continuously update the City's geologic and seismic
hazards map in concert with updates from the California Geologic Survey and local surveys.
S-1.2 Geotechnical Analysis. In areas within the City's Geologic and Seismic Hazards Overlay District or as required by the Building Official, require development proposals to
include a geotechnical hazard analysis.
S-1.3 Alquist-Priolo Act. Enforce development requirements, such as seismic study analyses, project siting, and project design features for proposed developments near active
faults pursuant to the Alquist-Priolo Act.
S-1.4 Building Codes. Require adherence to the latest California Building Codes and regulations in the Geologic and
Seismic Hazards Overlay District; update local codes
periodically for the latest advances.
S-1.5 City Critical Infrastructure and Facilities. Locate, design, maintain, and upgrade critical infrastructure and facilities (police, medical facilities, fire, roads, reservoirs, etc.) to required seismic safety standards.
S-1.6 Other Critical Infrastructure and Facilities. Encourage Caltrans, CAL FIRE, schools, utility companies, and other relevant agencies to comply with seismic safety standards for critical infrastructure and facilities.
S-1.7 Retrofitting Buildings. Encourage owners of potentially hazardous buildings (e.g., mobile homes) to assess seismic vulnerability and conduct seismic retrofitting as necessary to improve resistance to earthquakes.
S-1.8 Natural Topography. Limit grading for future
developments to the minimum amount needed to
preserve Yucaipa's natural topography, preserve
vegetation, and maintain soil and slope stability.
S-1.9 Public Education and Preparedness. Compile and
distribute earthquake preparedness information to
Yucaipa residents and business owners; conduct periodic inspections and preparedness events.
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7. PUBLIC SAFETY 7-7
Figure S-lb
GEOLOGIC HAZARD
OVERLAY DISTRICT
E J City limits
Yucaipa Sphere of Influence
Earthquake Hazard
Fault tine
Nquisl Friolo Fault Zone
Liquefaction Susceptibility
Masi Susceploble
Landslide Susceptibility
Generally Susceplible
Mess Susceplible
now
the Gaoloon Hanoi Pnnlay enmt>holl be desrnolad In eines ebirh ale on or edixeni to come ea05quoh fault routs, in nixes inhale landslides, eleJoi Hn end o(Ie i0nse ¢n pteraleo1 end nhete Ilgtelntlicn el the soil is msxioled nigh earthquake ettisrq.
,•.4„,o, YUCAIPA
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7. PUBLIC SAFETY
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7. PUBLIC SAFETY
FLOOD SAFETY
Floods are natural and recurrent events that generally do not pose a hazard in an undeveloped area; it is only when floods interact with the built environment —typically, structures built in the floodplain, where they obstruct floodwaters —that they become hazardous to property, structures, and people.
Natural Setting
Yucaipa is bisected by several waterways. Wilson Creek runs in a southwesterly direction and Wildwood Creek runs to the southeast.
Drainage occurs through many small, fluctuating creeks —Yucaipa Creek, Oak Glen Creek, Chicken Springs Wash, Spoor Creek, and Gateway Wash. Wilson and Wildwood creeks and their tributaries converge in Live Oak Canyon, west of Interstate 10, and then flow to the San Timoteo River.
Yucaipa has generally warm to dry weather and averages only 20 inches of rainfall annually. Therefore, most of the creeks are dry during most of the year, except along their upper reaches, which may have small, sustained year-round flow. However, Yucaipa is also subject to intense local storms. Floodwaters from the upper reaches of the mountains converge in Yucaipa's waterways, creating the potential for flooding and safety hazards.
During the late 1960s, Yucaipa storms caused widespread damage to roads, homes, utilities, and property. Since then, the City has completed multimillion -dollar projects to protect the community from flooding.
Although channel improvements have significantly reduced the occurrence and severity of flooding, storms continue to cause local flooding. Recent flooding events include:
+ 2011 January Flash Flood/Mudslides
+ 2010 January Flash Flood/Mudslides
+ 2005 August Flash Flood
+ 2002 November Flash Flood
+ 1999 August Flash Flood
+ 1995 January Storm
+ 1993 February Storm
+ 1992 Winter Storms
To prevent and control flooding, Yucaipa and the San Bernardino County Flood Control District manage a network of channels, detention basins, and other flood control infrastructure. More than 28 miles of drainage infrastructure, a dozen detention basins, and natural streams divert floodwaters and recharge groundwater. Additional facilities and flood protection infrastructure are planned. Figure 5-2a, Drainage and Recharge Facilities, shows areas capable of accommodating floodwaters and groundwater recharge.
The 2010 flash floods damaged roadways
and homes in Yucaipa.
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7. PUBLIC SAFETY
The 2010 storms flooded low water
crossings and created safety hazards.
7-10 I CITY OF YUCAIPA GENERAL PLAN
2024 UPDATE
Flood Hazards
Because of Yucaipa's steep terrain and seasonal storm events, the community is subject to a wide range of flooding hazards. The predominant flooding hazards are riverine flooding, mudflows, dam inundation, and urban flooding. These flooding hazards are described below and mapped on subsequent pages.
Riverine Floods
Riverine flooding is the most prevalent flood hazard in Yucaipa and the source for the most devastating floods in the city. Yucaipa has many fluctuating waterways —Yucaipa Creek, Oak Glen Creek, Wildwood Creek, Chicken Springs Wash, and Spoor Creek. Although generally dry, these creeks can quickly accumulate water during storm events, as intense rainfall at higher elevations in the Yucaipa Ridge or Crafton Hills converges downstream in Yucaipa. These floods can overflow channels or adjacent floodways, quickly creating hazardous conditions for residents and motorists.
The Federal Emergency Management Agency (FEMA) is responsible for identifying flood hazards for communities across the nation. FEMA prepares maps that delineate Special Flood Hazard Areas -a 100-year and 500-year flood event. A 100-year flood is a flood event that has a 1% probability of occurring in any given year; a 500-year flood has 0.2% probability of occurring in any given year. The California Department of Water Resources also has identified areas prone to a 100-year flood using approximate assessment procedures, without specific depths and other flood hazard data. These maps are not FEMA regulatory floodplain maps.
Mudflow/Debris Flow
A mud/debris flow refers to a moving mass of loose mud, sand, soil, rock, water, and air that travels down a slope under the influence of gravity. A mud/debris flow can also flow down a stream, ravine, canyon, arroyo, or gulch. These flows develop when water rapidly accumulates in the ground during heavy rainfall or rapid snowmelt, changing loose earth into a flowing river of mud. Mud/debris flows can travel miles from the source, growing as they pick up trees, boulders, cars, and other materials.
Generally, areas most susceptible to mud/debris flow include steep slopes, landforms subject to erosion, and river channels. In areas burned by forest and brush fires, a lower threshold of rainfall may trigger mud/debris flows. In the past few decades, Yucaipa has experienced many smaller mud/debris flows and landslides along the Crafton Hills, northern Yucaipa, the Yucaipa Hills, and Oak Glen area that have damaged structures and roads. Planning for these situations is an essential post -fire recovery operation.
Figure S-2b, Floodplain Safety Overlay District, shows Yucaipa's potential safety hazards of riverine flooding and dam inundation. 07/28/2025 City Council Agenda
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Yucaipa Ridge...?
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7. PUBLIC SAFETY 7-11
Figure S-2a
DRAINAGE AND
RECHARGE FACILITIES
r—i City Limits
Yucaipa Sphere of Influence
_ Existing Drainage Basin
Proposed Drainage Basin
Open Space/Park Groundwater Recharge AEens
❑ Reservoir
Drainage Channel
Nnlmal Drainage Channel
♦ ?Medal Groundwater Recharge Futility
Note: When mean/Oats 1Velap with the diainaae shawls,
the facilities ?thin been chcnnelized.
YUCA1 PA
_er GENERAL PLAN
4-0
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7. PURLIC SAFETY
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HIGHLAND
REDLANDS
REDLANDS
MILL [REEF RD
CEO*R AVE
*VENUE E
AVENUE
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7. PUBLIC SAFETY 17-13
Figure S-2b
FLOODPLAIN SAFETY
OVERLAY DISTRICT
L7I Ciry limits
Yucaipa Sphere of Influence
Inundation Areas
Reservoir
Yucaipa Res. Dam Inundation (1976)
f . Clifton Hills Dom Inundation (2010)
\\\' Seven Daks Dam Inundation
Stream/River
Overlay Designation
Floodplain Review Area 1 (100 Year Flood Alen)
Floodplain Review Area 2 (500 Year Flood Area)
1 Limits al Sludy
DWR Awareness Flood Areas
Rates
I. Flaadpkm Fee. hen I (-2PIL FP1 shall inaode all crepe wine. to 100-yesi Ibad as defined by the Federal Flood Insurance Regulariam end the federal Emergency Management Agemyli[M2)
2. Floodplain RmrEwuea 2 (11P2). FP2 shall include all areas boom Gals of the 100-year Rani and sateen; to a i00-yeor flood. and senora um; subjen to IEn.1ecr flooding will on overage depth of ks than one face or .here the ccaniburieg drainage areas ore lass ikon one squaw mik, cr areas, plowed bt knees hap the base Rood.
3. DWR Awooness Flood Area. The Drape amen! of Mier Resources has rdemiled auras Sr eoenriol 1pg-eem flooding that mop moron, kith. undies m arlrs ; Flo asxss the irk of flooding he ,agu!asvy porpows and lard use planning.
4. aalneaticn of FEPA food za,et,c 000 to change in accordance with ledoot rogulkions and kcal flood carted prryeas.
YUCAI PA 46)
` GENERAL PLAN
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Dam Inundation
Yucaipa has four open reservoirs. Built in 1978, three reservoirs are located in Yucaipa Regional Park and serve recreational purposes. These dams are owned and operated by the San Bernardino Valley Municipal Water District. The fourth reservoir is located in Crafton Hills, above the Yucaipa Regional Park. Originally built in 2001, the Crafton Hills Dam was improved in 2013, and the reservoir was tripled in size in 2014. An intertie along Mills Creek diverts water from the State Water Project to fill the expanded Crafton Reservoir.
Dam inundation refers to flooding when water retention structures and dams fail during an earthquake or other emergency. In the event of an earthquake or other catastrophic event, these reservoirs present a remote risk of failure or breach. In that event, floodwaters would extend southward along Oak Glen Road, potentially affecting 50 homes in Chapman Heights. To mitigate this hazard, dams are required to pass safety standards and annual inspections by the California Department of Water Resources.
The City of Yucaipa has additional closed reservoirs (either above or below grade) that are owned, operated, and maintained by the Yucaipa Valley Water District, Western Heights Water Company, and South Mesa Water Company. During a significant natural disaster, these reservoirs could fail and lead to localized inundation, although to a significantly lesser degree than dams. Water districts are required to ensure that closed reservoirs are built, maintained, and retrofitted in accordance with state safety standards.
Urban Flooding
Urban flooding refers to the built environment of the city. Although Yucaipa's flood control and drainage infrastructure direct the majority of floodwaters, flooding during intense storms is inevitable due to the volume of water draining from the mountains. Moving debris can quickly overwhelm or impede well -designed channels and basins, spilling onto streets and property. Typically, storm drains are designed for normal rainfall and provide protection from a normal storm event.
However, when larger storms occur or storm drains are blocked, flooding may occur.
Several areas in Yucaipa are more susceptible to urban flooding. In particular, Dunlap Acres and areas below the confluence at Yucaipa Creek and Wildwood Creek are subject to flooding. Areas where roads decline below grade (low water crossings) or where limited infrastructure is in place are also susceptible to flooding. The City continues to invest in flood control projects (detention basins, storm drains, streets, and sidewalks, etc.) to reduce flood risks. However, due to Yucaipa's unique topography and built environment, urban flooding remains a concern in Yucaipa.
7. PUBLIC SAFETY
Yucaipa continues to prioritize flood
control projects to reduce potential
flooding hazards. The $6.1 million
Oak Glen Creek Basin Project, $7.2
million Wildwood Creek Basin
Project, and other projects have
significantly reduced flooding
hazards in Dunlap Acres and other
areas of the community.
Completion of the Oak Glen Creek Basins
resulted in lifting floodplain restrictions for
most properties in Dunlap Acres.
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7. PUBLIC SAFETY 2024 UPDATE
7-16 I CITY OF YUCAIPA GENERAL PLAN
Protecting Our Community
Yucaipa protects the community from flooding hazards through the identification of hazards, enforcement of building codes and development standards, implementation of a master plan of drainage and capital improvements, and participation in mutual aid agreements, described below.
Hazard Identification
Yucaipa's Municipal Code has a Floodplain Safety Overlay District that corresponds to FEMA 100-year and 500-year floodplains. These are included on these flood zone boundaries. The Floodplain Safety Overlay District Map identifies areas within Yucaipa needing additional protection from flooding hazards. Floodplain Review Area 1 (FP 1) includes areas subject to a 100-year flood. Floodplain Review Area 1 (FP2) includes all areas between limits of the 100-year flood and subject to a 500-year flood.
Building Codes and Development Standards
Proposed development projects within the Floodplain Safety Overlay District must be designed to meet applicable California building codes and required amendments. Additional mitigation measures for flood hazards may be required, including structure anchoring, construction materials and methods, utility standards, and others as required by the Floodplain Safety Overlay District. Projects must also comply with requirements of the National Flood Insurance Protection Floodplain Management program.
Master Plan of Drainage
The City continuously works on flood control projects to remove properties from delineated floodplains/ floodways and works with FEMA to make map revisions in accordance with federal law. Yucaipa's Master Plan of Drainage (MPD) and the City' capital improvement program outlines planned improvements to flood control
infrastructure— including detention basins, desilting basins, flood channel stabilization, and improvements to drainage facilities and infrastructure needed to provide protection from flooding events. MPD projects are consistent with the Hazard Mitigation Plan and Yucaipa's annual Capital Improvement Program.
Mutual Aid Agreements
Yucaipa maintains mutual aid agreements that provide for voluntary cooperative efforts and provision of services from other agencies when local capabilities are exceeded during an emergency. Yucaipa has mutual aid agreements with adjacent jurisdictions, San Bernardino County Flood Control District, Yucaipa Valley Water District, the State of California, federal agencies, Yucaipa-Calimesa Joint Unified School District, and American Red Cross, etc. The California Emergency Management Agency also provides coordination and funding to local disaster areas.
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GOAL S-2: FLOOD SAFETY
A community well versed in flood control hazards and
protected from or minimally disrupted by flooding and
inundation hazards.
Policies
S-2.1 Flood Hazard Identification. Maintain and continuously update the City's floodplain safety hazards map in concert with FEMA map amendments and improvements to local
drainage facilities.
S-2.2 Floodplain Development. Promote the dedication of land within the 100-year floodplain and adjacent areas for
park, multi -purpose trails, recreational uses, open spaces, and habitat conservation/mitigation.
S-2.3 Land Use Regulations. Prohibit development of new essential and critical facilities and lifeline services in the 100-year floodplain. Prohibit facilities that use, store, transport, or dispose of hazardous materials from
developing in the Floodplain Safety Overlay District.
S-2.4 Building Codes. Require adherence to the latest building, site, and design codes in the California Building Code, FEMA flood control guidelines, and Floodplain Safety
Overlay District to avoid or minimize the risk of flooding hazards in the community.
5-2.5 Special Flood Hazard Areas. Support policies, procedures, and recommendations of the National Flood Insurance
Program for SFHAs with respect to zoning, subdivision,
building codes, and overlays.
5-2.6 Flood Control Facilities. Prioritize and fund maintenance and construction of improvements to drainage facilities and roadways identified in the City's Master Plan of
Drainage and Hazard Mitigation Plan.
5-2.7. Stormwater Runoff. Require new developments that add substantial amounts of impervious surfaces to integrate low impact development best management practices to
reduce stormwater runoff.
S-2.8 Interagency Coordination. Establish and maintain
cooperative working relationships among public agencies with responsibility for flood protection, including San Bernardino County Flood Control District, County Public Works, and other entities.
5-2.9 Public Education and Preparedness. Compile and
distribute flooding prevention information to Yucaipa
residents and business owners; conduct periodic
inspections and preparedness events.
7. PUBLIC SAFETY
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7. PUBLIC SAFETY
7-18 I CITY OF YUCAIPA GENERAL PLAN
2024 UPDATE
FIRE SAFETY
Yucaipa is subject to a range of urban fire hazards due to its built environment —its buildings, roads, and adjacency to other cities.
Yucaipa's dry weather conditions, topography, high winds, and vegetation also place the city at a very high risk of wildfire. Left uncontrolled, fires have the potential to damage or destroy structures, roadways, and utility systems and disrupt the economy.
Fire Hazard Setting
Yucaipa's fire hazard responsibilities include response to urban fires, wildland fires, and emergency medical response.
Urban Fire
Yucaipa's built environment has a medium to low fire hazard.
Developed areas include some apartments, offices, mercantile, and industrial occupancies not normally requiring extensive rescue. Lower - hazard occupancies include a one-, two- or three-family dwellings, scattered small business, and industrial occupancies. Each year, Yucaipa averages 350 fires, including 100 vegetation fires, 100 structure fires, 75 vehicle fires, and 75 miscellaneous fires. Most urban fires can be extinguished within a few hours.
Yucaipa's fire service responsibilities extend beyond firefighting suppression to include a range of paramedic and lifeline services.
Approximately 70% of CAL FIRE calls (more than 7,000 calls annually) are for medical services. The Fire Department also responds to about 500 traffic collisions each year. Because of Yucaipa's demographics and the nature of fire service calls, the provision of licensed paramedics trained in advanced life support during emergencies has become increasingly important.
Yucaipa Fire maintains aid agreements with surrounding agencies to provide assistance during and after a fire emergency. Automatic aid agreements are in place with the City of Redlands Fire Department and Riverside County Fire Department. Yucaipa Fire maintains mutual aid agreements with the US Forest Service for wildland areas north and east of Yucaipa. Mutual and automatic aid agreements are also in place with the San Bernardino County Fire Department. Yucaipa Fire also maintains a cooperative agreement with the San Bernardino County Fire Department.
The Insurance Service Office (ISO) is a leading source of information about property casualty insurance risk for local government. ISO helps establish fire insurance premiums for residential and commercial properties based in part on a city's fire protection. ISO rankings are based on four criteria: a community's emergency communications, fire department equipment and operations, and water supply. ISO rates each community's fire suppression system on a 10-point scale, with one (1) being the highest ranking that can be achieved. Yucaipa maintains a Class 3 ISO rating.
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Wildland Fire
Wildland fire is a critical concern in Yucaipa. Expansive open areas are susceptible to destructive wildland fires, which can be exacerbated by dry weather and Santa Ana winds. The National Fire Plan designates Yucaipa as a "community at risk" of high wildland fire hazard (CAL FIRE 2014). Vegetation fuel types in the City include annual grasses and a variety of brush with low fuel moisture that are highly susceptible to and capable of carrying fire.
Since 2000, the City of Yucaipa has experienced many wildland fires due to natural causes, human error, and arson. Over the past decade, all of the notable fires have occurred in hillsides surrounding Yucaipa.
According to CAL FIRE, USFS, and USGS, notable fires include:
+ 2020 El Dorado Fire Burned 22,744 acres
+ 2015 Mill 2 Fire burned 35 acres
+ 2013 Mentone/Yucaipa Fire burned 534 acres
+ 2011 Mill Fire burned 100 acres
+ 2009 Pendleton Fire burned 860 acres
+ 2009 Oak Glen Fire burned 1,015 acres
+ 2009 Crafton Hills Fire burned 350 acres
+ 2007 Yucaipa Ridge Fire burned 280 acres
+ 2007 Jefferson Fire burned 125 acres
Responsibility for wildland fire prevention and suppression includes the city, state, and federal government. The federal government has the primary responsibility in Wildwood Canyon, Yucaipa Hills, and National Forest. These "federal responsibility areas" (FRA) total 8% of the acreage within the City and sphere of influence. Areas where the State of California has primary responsibility (called "State Responsibility Areas" or "SRA") comprise 17%, primarily in the Crafton Hills and El Dorado Ranch Park. Local responsibility areas comprise most of the developed areas in Yucaipa.
According to CAL FIRE, half of the City of Yucaipa is designated as a Very High Fire Hazard Severity Zone (VHFHZS) based on fuels, terrain, and weather. These lands are characterized by fire -prone land cover — primarily valley grasslands, mixed chaparral, and shrub communities.
Significant residential growth is planned over the buildout of Yucaipa; however, approximately 5,200 units will be located in a VHFHZS. Of those total units, only a fraction is permitted within SRA lands ("'200 units) or within FRA lands (-150 units), which are protected by CAL FIRE and the US Forest Service, respectively.
The City of Yucaipa designated fire -prone areas with a fire safety overlay district, which incorporates the most current version of the state's map of Fire Hazard Severity Zones. Figure S-3, Fire Safety Overlay District, designates these areas as FR-1 (Very High Fire Hazard Severity Zones) and FR-2, which are lands vulnerable to fire due to proximity to FR-1 areas. FR-3 areas correspond to Moderate Fire Hazard Severity Zones.
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2024 UPDATE
7-20 I CITY OF YUCAIPA GENERAL PLAN
Protecting Our Community
CAL FIRE provides fire service protection for Yucaipa in accordance with its Unit Fire Plan and service contract covering the entire city and surrounding State Responsibility Area. The following section describes CAL FIRE services, City requirements for adequate infrastructure, and municipal code requirements for land uses citywide and in the fire service overlay districts.
Fire Stations
CAL FIRE provides fire suppression and paramedic services for Yucaipa services from three permanent local stations and one reserve station in Oak Glen (volunteer staffed). Table 1 shows Yucaipa's fire stations locations, equipment, and staffing.
Table 5-1 Fire Services
Station and
Location
Cal -Fire Station
Fire Station No. 1
11416 Bryant
Crafton Station
Fire Station No. 2
32664 Yucaipa
Wildwood Station
Fire Station No. 3
34259 Wildwood
Oak Glen Station
(Volunteer)
11877 Oak Glen
Equipment
• 1 Front Line Type I Fire Engine
•2 Front Line Type III Fire Engines
• Fire Station Heliopad
• Utility (Quick Response Rescue)
• 1 Front Line Type I Fire Engine
• 1 Reserve Type I Fire Engine
• 1 Type II Fire Engine
• 1 Front Line Type I Fire Engine
• 1 Reserve Type I Fire Engine
• 1 Utility (Pick up)
• 1 Type III Fire Engine
• 1 Type IV Fire Engine
• 1 Type II Water Tender
Daily Staffing
Each Type I engine is
ALS municipally staffed
with minimum 3-
person crew—incl. 1
captain, 1 engineer,
and 1 firefighter. (one
paramedic -qualified).
Each Type III engine is
minimum staffed with
3-person crew, incl. 1
captain or engineer
and 2 firefighters.
Varied staffing depends
on available reserve
(volunteer) firefighters
Yucaipa has opted for the CAL FIRE staffing of 3-person crews, plus an assigned Fire Captain at all times on each engine. Through agreements with cooperating fire departments and assigned Yucaipa fire engines, CAL FIRE makes available a total of 4 to 5 fire engines plus a chief officer on a standard structure fire response depending on the reported type of structure, for a total complement of 13 to 16 personnel. Staff arriving at an incident is paramedic qualified and can provide advanced life support services.
Yucaipa Fire strives to meet National Fire Protection Association (NFPA) standards for responding to fire and other emergencies. NFPA recommends that first responders arrive at the fire scene in five minutes or less at least 90% of the time. Response time is measured from the time of the 911 call to arrival at the scene. Yucaipa Fire currently averages about five minutes to all parts of the city, including the Wildwood Canyon and Oak Glen areas.
Over the past several years, Yucaipa Fire has seen an increase in the number of medical aid calls, which have impacted resource deployment 07/28/2025 City Council Agenda
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and "high time on task" efforts that result in a corresponding increase to response times. As a result, the City has identified a need for a dedicated medical squad that can result in better resource deployment.
7. PUBLIC SAFETY
CITY OF YUCAIPA GENERAL PLAN 17-21
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7. PUBLIC SAFETY
4„1" 7-22 I CITY OF YUCAIPA GENERAL PLAN
2024 UPDATE
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HIGHLAND
The City's Fire Safety Review Areas correspond to the most current Fire Hazard Severity Zones, as mapped by CAL FIRE.
FR-1, which refers to areas designated in the Very High Fire Hazard Severity Zone (VHFHSZ), are wildland areas or areas of transition from wildland areas and therefore are at higher risk from fires. FR-2 corresponds to areas designated as High Fire Hazard Severity Zone and FR-3 corresponds to Moderate Fire Hazard Severity Zone. The City has adopted modified fire protection standards in its Development Code and Municipal Code for new development within its Fire Safety Review Areas.
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Source- CAL FIRE, 2025; City of Yucaipa 2025
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Figure S-3
FIRE SAFETY
OVERLAY
C:J City Limits
�._-] Yucaipa Sphere of Influence
Fire Stations
Fire Hazard Severity Zones
MI FR-1 (Very High)
FR-2 (High)
FR-3 (Moderate)
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0 5,000
Y61�f
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7-24 I CRY OF YUCAIPA GENERAL PLAN
OF
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7. PUBLIC SAFETY
Water Supply
Adequate and reliable water supplies are essential to suppress fires.
Yucaipa adheres to fire infrastructure and flow requirements in accordance with the California Fire Code (2013), National Fire Protection Association standards, and local standards. Table S-2 shows the City's fire flow standards for new development projects.
Table 5-2 Fire Flow Standards for New Development
Type of Development
Detached Single Family Residential
Duration Fire
Flow (gpm) (hours) Hydrants
1,500 2 2
Attached Multifamily Residential
3,000 2 3
Light Commercial/Industrial (incl. schools)
3,000 3 3
Heavy Commercial/Industrial
5,000 4 4
Source: Yucaipa Valley Water District, 2015
Note: The City requires new projects in undersupplied areas to provide fire sprinkler systems and adequately sized on -site reservoirs to provide fire flow requirements Yucaipa's water system (water lines, tanks, pump stations, etc.) is sized to handle the highest demand on the system. This is calculated assuming a worst -case scenario for the fire hydrant farthest from the connection to the distribution system, at the highest elevation, assuming the supply reservoir is half full. Water pipes are sized to allow a maximum daily flow plus fire flow that provides a residual pressure of 20 psi (pounds per square inch) and maximum velocity of 10 fps (feet per second) system wide.
Yucaipa's water system provides adequate water supply, although some areas may comply with lower standards in effect at that time. CAL FIRE maintains fire pre -plans (included in each assigned fire engine) that address water shortages, building types/construction types, water sources, and other features of the area in question. When a response is initiated in these areas, the Incident Commander can request additional water resources (e.g., water tenders, mutual aid, aerial support, etc.) as needed.
Water supplies can be interrupted or curtailed due to drought, fire, earthquake (which damage facilities and infrastructure), or power failure. In case of emergency, YVWD maintains backup generators for critical infrastructure to avoid supply interruptions. YVWD can maintain or supplement water supplies through interties with adjacent water companies or standby production wells. Critical facilities are compliant with state seismic safety standards.
In cases of extended -attack fires or wildland fires, CAL FIRE uses a triage of strategies. CAL FIRE maintains emergency land use agreements with the County and Yucaipa Valley Water District to draw water from Yucaipa Reservoir, Crafton Hills Reservoir, and Yucaipa Regional Park.
Water tenders are used to transport water to a fire when hydrants or other supplies are not near the fire. Cooperative agreements with other agencies are also employed.
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7. PUBLIC SAFETY
The City is currently developing a map that
identifies residential developments in hazard
areas that do not currently have at least two
emergency evacuation routes identified.
7-26 1 CITY OF YUCAIPA GENERAL PLAN
2024 UPDATE
Fire Access Standards
Yucaipa's has adopted the California Fire Code (CFC) with amendments to address local fire hazard concerns. Specific requirements for fire access include:
+ Roadway Design. Access roads and public and private streets shall not exceed a 12% grade, be capable of supporting 75,000 pounds, and built with all-weather driving capabilities
+ Subdivision Access. Subdivisions must have two points of vehicular ingress and egress from streets, one of which may be used for emergency purposes only.
+ Road widths. Roads shall be at least 24 feet wide citywide and allow for 2-way traffic and 26 feet in FR1 areas; emergency vehicle access only is required to have a 20-foot minimum.
+ Bridge Design. Per the California Fire Code, access bridges meet nationally recognized design standards, including a capability of supporting 75,000 pounds.
+ Project Perimeter. Projects must provide adequate vehicular access for firefighting vehicles to the perimeter of a project that is adjacent to a fuel modified area or fire hazard area.
Vegetation Management
The Yucaipa Municipal Code incorporated the latest 2013 CFC and appendices, and amended it to address vegetation management. New structures in areas containing combustible vegetation must secure a fuel modification plan approved by the Fire Official. The plan must address water supply, access, building ignition and fire resistance, fire protection systems and equipment, defensible space, and vegetation management consistent with the CFC's "Requirements for Wildland- Urban Interface Fire Areas."
In accordance with the California Public Resources Code, properties upon or adjoining hazardous fire areas must maintain a 100-foot defensible space around structures, with most intensive fuel management within the first 30 feet around the structure. Electrical transmission lines must have at least 10-foot clearances. To facilitate emergency access and evacuation, 10-foot clearances are required along each side of portions of highways and private streets that are improved, designed, or ordinarily used for vehicles.
Additional vegetation management strategies are employed in state and federal responsibility areas. The United States Forest Service, CAL FIRE, and San Bernardino National Forest maintain a system of fuelbreaks to protect Yucaipa from wildfires. Fuelbreaks are listed in the Oak Glen/Banning Hazardous Fuel Reduction Project and the Inyo- Mono-San Bernardino Unit Fire plans. Fuelbreaks are located below Yucaipa Ridge, the interface of Yucaipa Hills and Oak Glen, Crafton Hills, and Wildwood Canyon.
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7. PUBLIC SAFETY
Building, Development, and Signage Regulations
Yucaipa has adopted the latest edition of the California Fire Code, with all appendices, and amended it to address local concerns. The Fire Marshall reviews plans for structures and buildings citywide, including fire -prone areas. Checklists are used to address fire code requirements, including but not limited to: street and building signage, water supply, water infrastructure, sprinkler requirements, building requirements (sprinklers, smoke detectors, roofing, etc.), access roads, and vegetation management among others.
The City enforces uniform building address and street sign letters.
Street sign letters must be at least 4" in height and 3/8" in width. As required by the Fire Code, addresses for single-family structures shall be 4" in height, 3/8" in width, on contrasting backgrounds, and plainly visible and legible from an access roadway or the street. Commercial and multi -family projects shall have numbers of 8" in height and 1/2"in width, and on contrasting background. Industrial address letters must be 12" in height and1" in width.
Hazardous Materials
Yucaipa Fire is responsible for inspecting facilities that handle hazardous materials, generate or treat hazardous waste, and/or operate an underground storage tank. Yucaipa Fire also responds to situations where local traffic accidents lead to a spillage of hazardous materials. Additional governmental agencies help protect Yucaipans from hazardous waste and materials. As the certified unified public agency (CUPA), the County of San Bernardino Fire Department implements the hazardous waste and materials standards for Yucaipa.
This program covers seven areas.
+ Aboveground Petroleum Storage Act (APSA) Program
+ Area Plans for Hazardous Materials Emergencies
+ California Accidental Release Prevention (CalARP) Program + Hazardous Materials Release Response Plans and Inventories + Hazardous Material Management Plan (HMMP)
+ Hazardous Waste Generator Program
+ Onsite Waste Treatment Program
+ Underground Storage Tank Program
While Yucaipa does not have large hazardous waste generators or facilities typical for cities, other facilities present key fire hazards.
Southern California Gas Company operates a high-pressure gas transmission and distribution pipeline that extends along Interstate 10 and then northward along the western portion of the city and the southernmost section of the community north of the 1-10. If this high- pressure gas distribution line ruptured during an earthquake, the released gas could result in a significant fire.
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7. PUBLIC SAFETY 2024 UPDATE
7-28 I CITY OF YUCAIPA GENERAL PLAN
GOAL S-3: FIRE SAFETY
A community that implements proactive fire hazard
abatement strategies and, as a result, is minimally
impacted by wildland and urban fires.
Policies
S-3.1 Fire Hazard Identification. Maintain and continuously update the City's fire hazard overlay map for changes in fire hazard severity overlay district consistent with
changes in hazard designations by CAL FIRE.
S-3.2 Fire Service Levels. Provide appropriate staffing levels, equipment, facilities, and training to maintain an
Insurance Service Office Rating of 3; continue to strive to meet the latest industry standards in fire safety.
5-3.3 Fire Department Resources. Provide periodic
assessments of existing Fire Department resource
utilization and community growth trends to inform
planned equipment purchases to best ensure that it will meet future emergency service needs.
S-3.4 Fire Department Funding. Use a variety of funding sources, such as facilities districts, to fund and sustain needed resources. As part of such resources, ensure land use planning allows for the full use of new equipment
(such as encouraging projects that would directly need
and benefit from an aerial ladder truck) to provide an
appropriate return on investment. Require dedicated
public safety funding sources with new projects.
Additional funding shall be required for projects that
require specialized equipment, such as an aerial ladder truck.
S-3.5 Fire Codes. Require adherence to applicable fire codes for buildings and structures, fire access, and other standards in accordance with Fire Hazard Overlay Districts, California Fire Code, and municipal codes; encourage retrofit of
nonconforming land uses.
5-3.6 Fuel Modification. Require adherence to fuel
modification and defensible space requirements to
reduce wildfire hazards; work with CAL FIRE to coordinate fuelbreaks in Very High Fire Hazard Severity Zone. Require new projects to provide a funding mechanism for provide the long term maintenance of clearances.
S-3.7 Permit Approvals. Ensure compliance with the
Subdivision Map Act requirements for structural fire
protection and suppression services, subdivision
requirements for on/off-site improvements, ingress and
egress, street standards, and other concerns.
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7. PUBLIC SAFETY
S-3.8 Adequate Water Supply and Redundancy. Work with
public and private water distribution and supply facilities to ensure adequate water capacity and system
redundancy to supply emergency firefighting needs.
S-3.9 Critical Facilities and Structures. Locate, design, maintain, and upgrade critical facilities, structures, and
infrastructure (police stations, roads, utilities, reservoirs, residential development, etc.) to minimize exposure to
fire hazards.
5-3.10 Public Education. Educate the community about fire prevention and suppression; work with other agencies
and private interests to educate private landowners on
fire -safe measures to achieve a low risk condition.
S-3.11 Post -fire Treatment. Work with CAL FIRE, USFS, USGS, and applicable nongovernmental agencies to create a plan to address post -fire recovery activities and projects that allow burned areas to fully recover and minimize
repetitive losses and further damage.
5-3.12 Comprehensive Public Safety. Proactively work with local emergency services providers (such as ambulance services and CONFIRE) to maintain Fire Department resource
availability to effectively respond to fire service calls.
S-3.13 Upgrades to Infrastructure. By 2025, the City will identify existing areas that have inadequate fire department
access and evacuation routes, including residential
neighborhoods that do not have two access routes
available. Provide updates and programs to minimize risks to those neighborhoods.
S-3.14 Fire Hazard Reduction. Develop an annual program that provides for fire hazard reduction projects, including
community fuel breaks and private road and public road
clearance. Encourage the development of "NFPA Firewise
USA" Communities in areas of Very High Fire Hazard
Severity Zone for resident involvement.
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2024 UPDATE
411, 7-30 I CITY OF YUCAIPA GENERAL PLAN
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7. PUBLIC SAFETY
EMERGENCY PREPAREDNESS
Management of emergencies and disasters consists of: 1) event preparedness; 2) response during or soon after the event; (3) post - event recovery; and 4) hazard mitigation. To accomplish these phases requires quick, dynamic, and effective response from multiple entities.
This requires preparation by public agencies, neighborhoods, businesses, and families.
Planning For Disasters
Yucaipa Fire Department, Police Department, and the public safety management within the City Manager's office coordinate emergency preparedness planning, response, and recovery efforts. These include:
Preparedness
Yucaipa adheres to the National Incident Management System (NIMS) for emergency preparedness. NIMS is a systematic approach for government, nongovernmental organizations, critical infrastructure owners and operators, and the private sector to work together to manage threats and hazards. The NIMS provides a comprehensive and standardized incident management system for agencies that are involved in emergency management and/or incident response. The City of Yucaipa is NIMS-compliant as articulated in its Emergency Operation Plan and therefore eligible for federal preparedness grants and award.
Response Phase
Yucaipa follows the Standardized Emergency Management System (SEMS) to structure its response phase of emergency management.
Adopted by California, SEMS unifies all elements of emergency management into a single integrated and standardized system. SEMS incorporates an incident command system, field -level emergency response system, multi/inter-agency coordination, mutual aid, and operational area concept. Yucaipa is SEMS-compliant and therefore eligible for reimbursement of response -related costs under state disaster assistance programs.
Recovery/Prevention
Yucaipa coordinates and manages recovery/prevention activities following emergencies/disasters through the City Manager and the Emergency Services Coordinator. City staff may also assist in facilitating and leading the recovery process. For declared emergencies, City staff complete a detailed damage/safety assessment that is forwarded to County OES for inclusion in the County's IDE report. After -Action Reports will identify corrective actions and make recommendations for correcting problems noted in the response/recovery effort, or during exercises and training.
The City's Emergency Operations Plan and Hazard Mitigation Plan provide additional information on these and other topics.
Community events like "Are You Ready
Yucaipa?" draw more than 1,000
residents and businesses each year.
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7. PUBLIC SAFETY 2024 UPDATE
7-32 I CITY OF YUCAIPA GENERAL PLAN
Protection and Preservation of Public Facilities, Critical Infrastructure, and Lifeline Services
Disaster planning and recovery depend on a reliable network of public facilities, critical infrastructure, and lifeline services. Public facilities include police and fire stations, schools, community centers, and emergency operations and communication centers. Critical infrastructure includes generators, water and sewer lines, utilities, transportation routes, etc. Lifeline services critical to health and safety include water, sewer, energy, waste disposal, communications, and others. Figure 5-4, Critical Facilities and Infrastructure, identifies critical facilities and infrastructure.
Emergency preparedness extends beyond construction activities to planning in system redundancies so that a single event (e.g., power failure or road failure) does not prevent the provision of essential services, such as paramedics, water supply, or other service. California law mandates that buildings, bridges, and infrastructure be built in accordance with state and federal building standards to protect from flooding, earthquakes, fire, and other disasters. The City periodically upgrades facilities in accordance with the above.
Evacuation Routes
With its location in the foothills and near wildlands, Yucaipa is subject to natural hazards. These include 100-year floodplains, active faults and geological hazards, Very High Fire Hazard Severity Zone, and other natural hazards. During an emergency, evacuation routes are needed to move people to safe locations and move equipment to affected hazard areas. Yucaipa has three levels of evacuation routes, depending on the emergency.
+ Local Routes. Eight arterials (Bryant, Oak Glen, Yucaipa, 14th Street, Wildwood Canyon, County Line, Calimesa Boulevard, and Mesa Grande) are designated as evacuation routes.
+ Regional Routes. The San Bernardino County General Plan has designated Oak Glen Road as the primary regional evacuation routes for the Oak Glen Mountain community.
+ Federal and State Routes. Interstate 10 is the primary federal evacuation route while Highway 38 is the primary state -designated evacuation route from the mountain communities.
The precise evacuation route to use during an emergency depends on many factors, including the type of natural disaster, location of incident, weather conditions, road conditions, and traffic volume. Figure S-5, Evacuation Routes in Yucaipa, identifies the local, regional, and state/federal evacuation routes in the city.
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9018 a rnaidlno
tIona.' Pores(
7. PUBLIC SAFETY 17-33
Figure S-4
CRITICAL FACILITIES
AND INFRASTRUCTURE
r City limits
Yucaipa Sphere of Influence
Critical Facilities
Reservoir
School
• Fire Station
Library
A City HQIVEmergeney Operations Center (EC
• Police Dept/Allernative EOC
• Yucaipa Transit Station
* Yucaipa Community Censer
* Public Works Yard/Records Center
* Scherer Community Center
• Yucaipa Volley Wastewaler Treolmenl Sant
• Yucaipa Valley Water District
+ Major Bridge
Existing Drainage Basin
Proposed Drainage Basin
--- Major Roads
YUCAIPA
GENERAL PLAN
83 PLACEWORKS
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7-34 I CITY OF YUCAIPA GENERAL PLAN
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7. PUBLIC SAFETY 1 7-35
Figure S-5
EVACUATION ROUTES
r City Limits
Yucaipa Sphere al Influence
Evacuation Routes
-- Local Evacuation Route
- Regional Evacuation Route
Stale Hwy Evacuation Route
NEN Interstate Evacuation Route
Hazard Designation
Alquisl Priolo Fault Zone
Floodplain Review Area 1 (100 Year Flood Area)
Floodplain Review Area 2 (500 Year Flood Area)
Fire Safety Review Area 1 (Very High Fire Severity)
Mute.
E•ocua:Pnl rMV OS dead on ninny latices, including the type of emergency a' dimstor, laenon d mcidcnr, -,medal m,ndiConc, road conditions. and traffic
2. Delinee ion of hazard desgnotionc are subieo to dange in arrcadaora mid Halal and Yak residences and led imlymion prajetu
- % _ _ YUCAI PA
��� GENERAL PLAN
93 PLACEV/ORKS
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GOAL S-4: EMERGENCY PREPAREDNESS
A comprehensive preparedness program that anticipates
the potential for disasters, maintains continuity of life- support functions, and uses community -based disaster
response planning.
Policies
5-4.1 Hazard Planning. Update the City's hazard mitigation and emergency operations plan on a timely basis; coordinate with relevant agencies responsible for updating water,
fire, or other hazard mitigation plans.
S-4.2 Training. Require training of City emergency response personnel through coursework, emergency operations
plan orientation, disaster service training, emergency
operations center training, and other topics.
S-4.3 Public Education. Promote education and events that reinforce the responsibility and capability of residents, business owners, and City staff to plan for, respond to, and recover from emergencies and disasters; implement and
support local CERT programs.
S-4.4 Interagency Support. Sustain mutual aid and automatic aid agreements through the California Disaster and Civil Defense Master Mutual Aid Agreement, and with adjacent
service providers (fire, flooding, earthquake, emergency medical, etc.).
5-4.5 Communications. Maintain communication protocols and systems for coordinating emergency service providers,
public agencies, business, schools, utilities, and other affected parties to respond in an effective manner to
emergencies and disasters.
S-4.6 Critical Facilities and Lifeline Services. Coordinate with service providers to ensure that essential facilities, lifeline services, and infrastructure (water, sewer,
communication, power, roads, etc.) are capable of
responding following a disaster.
5-4.7 Emergency Access and Evacuation. Maintain, update, and improve, as needed, emergency access, protocols, and
evacuation routes for residents, business, equine and
large animals; regularly exercise evacuation protocol and procedures to assess their effectiveness and correct
deficiencies.
S-4.8 Disaster Recovery. Work with emergency service
providers to implement post -disaster recovery plans to return public services to a state of normalcy, address
ongoing hazard -specific mitigations, and assist community members in recovering from disasters.
Aerial fire support during the El Dorado
fire showcases the interagency support
to address large-scale disaster events.
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5-4.9 Public Safety Funding. Require dedicated public safety funding sources, such as a Community Facilities District, for Police, Fire, and Paramedic services as part of new projects.
Funding is a critical element to ensure that resources are available and can be tailored to meet the needs of the community.
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SEVERE WEATHER
Typically, communities focus public safety programs on addressing community -wide hazards such as earthquakes, fire, flooding, and other hazards that have a widespread impact and cost. However, severe weather conditions can also cause substantial damage to property and infrastructure and result in injuries and loss of life. Yucaipa recognizes that the frequency of severe weather in the community makes it a public safety concern for residents.
Weather Hazards
According to the City's Hazard Mitigation Plan, Yucaipa is generally susceptible to high winds, extreme heat, torrential rain and lightning, and occasional snow or freezes.
High Winds
Yucaipa's location at the base of the San Bernardino Mountains makes it susceptible to straight-line winds that can exceed 100 miles per hour, knocking down trees and power lines and disrupting utility service.
From October through February, Yucaipa also experiences warm and dry Santa Ana winds that descend from the high desert and can reach speeds of 100 miles per hour. The most significant hazard from high winds is an increased wildfire danger, but winds can down trees and power lines, damage property, and create hazards for aircraft. Every year, Yucaipa experiences numerous high wind events.
Extreme Heat
Yucaipa is known for exceptionally dry and hot weather, particularly during summer when maximum temperatures often exceed 100 degrees. Extreme heat becomes a broader health hazard when it either affects residents (due to the potential for heat -related illness) or results in electric power outages. Periodic extreme heat events in San Bernardino County influence the ability of utilities to provide electric service. Although formal stage alerts causing service interruption have not occurred frequently in several years, load warnings and voluntary reductions have occurred.
Rainfall and Freezing Weather
Due to elevation and topography, Yucaipa experiences more intense storms than other cities. Thunderstorms from July through September can create lightning strikes, erratic high winds, and torrential rains.
Yucaipa's elevation also results in seasonal freezing weather and one to four inches of snow each year. Normal rainfall and snow events rarely lead to significant safety hazards. However, freezing conditions can lead to slippery roads and a higher risk of automobile accidents. Freezing weather, when coupled with power outages, can also leave residents unable to heat homes.
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Protecting Our Community
The lead agency responsible for addressing severe weather events and the impacts on the Yucaipa community is incident specific. Utility companies are responsible for service disruption from downed power lines or heat events. The fire department is responsible for wind -driven fires and provides sandbags to protect against rainfall and mudslides.
The public works department is responsible for clearing downed trees that block streets. The police department would direct traffic in cases of downed or malfunctioning signals.
GOAL 5-5: SEVERE WEATHER
Minimize the impacts of severe weather conditions on
residents, businesses, and visitors.
Policies
S-5.1 Wind Protective Features. Promote the installation of protective wind barriers on homes and buildings, such as vegetation walls, glass panel windscreens, roof clips,
hedges, or rows of trees.
S-5.2 Public Trees and Vegetation. Maintain trees and
vegetation in public rights -of -way and close to critical facilities (e.g., police, fire, hospital facilities) and utility lines to lessen tree failure and property damage risks.
S-5.3 Signage. Require all signage and moving structures susceptible to high wind damage to be tied down
appropriately, or brought down or covered when high
wind alerts are in effect.
S-5.4 Roadway Closures. Close down non -essential roadways and redirect traffic onto other routes during
thunderstorms, torrential rain, or snow/freezing
conditions where warranted to protect the public.
S-5.5 Cooling Centers. Designate public buildings or specific private buildings with air conditioning as public cooling shelters; extend hours at air-conditioned sites during
periods of extreme heat and power outage.
S-5.6 Storms. Continue to provide access to flood protection resources and services (signage, sandbags, etc.) as feasible at designated public facilities during and after extreme weather events.
S-5.7 Public Education. Educate the community about the importance of regular tree maintenance near structures
and power lines to minimize risk of downed trees,
branches, and power lines during windstorms.
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Interstate 10 is the primary source of noise
and vibration in southwest Yucaipa.
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NOISE AND VIBRATION
Noise is defined as unwanted sound. From the rumbling of trucks on the roadways to the whine of leaf blowers on a quiet morning, noise and vibration can interrupt our conversations, thoughts, and leisure. Many excessive sources of noise (e.g., freeways) are also often accompanied by vibration. Noise and vibration sensitivity varies throughout the day or evening, at different locations, and among receptors. Despite these variations, most people agree that noise and vibration adversely affect health and well-being.
Unlike most cities in southern California, Yucaipa is far from many urban noise sources —airports, railroads, and heavy industry. Yet Yucaipa's noise and vibration environment still varies throughout the community.
While the North Bench and Wildwood Canyon have more localized noise sources, commercial centers or business districts experience higher levels of noise from business, roads, and traffic. Interstate 10 is the largest source of noise and vibration, the contours of which extend for some distance from the freeway.
Measuring Noise and Vibration
Noise is a complex subject and can be measured in different ways. Noise is measured by an A -weighted sound pressure level, or dBA, which accounts for sound pressure level, the pitch of sound, and the way the human ear responds to both pressure and pitch. CNEL is the average sound level over a 24-hour period, with a penalty of 5 dB added from 7 pm to 10 pm and a penalty of 10 dB added for the hours of 10 pm to 7 am. Details on noise fundamentals are found in the noise study conducted for the General Plan update.
Vibration is an oscillatory motion through a solid medium in which the motion's amplitude can be described in terms of displacement, velocity, or acceleration. Vibration is normally associated with activities such as railroads or vibration -intensive stationary sources, but can also be associated with construction equipment such as jackhammers, pile drivers, and hydraulic hammers. Heavy trucks can also generate significant levels of ground borne vibrations. Potholes, pavement joints, and uneven pavement surfaces can increase the vibration from passing vehicles.
Noise and vibration levels do not affect all land uses or people equally.
Certain land uses are more sensitive to levels of noise and vibration. For example, residential, school, health care facilities, and open space/recreation areas (where quiet environments are necessary for enjoyment, health, and safety) are more sensitive to noise. Generally, commercial and industrial uses are not considered noise- and vibration - sensitive uses unless the interior level of noise and vibration exceeds state or federal occupational standards.
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Land Use Planning and Compatibility
Yucaipa is responsible for protecting residents and visitors from unacceptable noise and vibration. Table 5-3 shows that the City requires specific land uses to achieve an interior noise level of 45-50 dBA and exterior noise level of 60-65 dBA depending on land use. When non -transportation sources are the primary noise source, the City also uses hourly standards. These standards are intended to ensure that land uses within Yucaipa are compatible and do not detract from quality of life due to unacceptable levels of noise.
Table 5-3 Land Use —Noise Compatibility Standards
Category
Land Uses
Ldn (or CNEL), dB
Interior
Exterior
Residential
Single and Multi -family Duplex
45 60*
Mobile Home
45 60*
Hotel, Motel, Lodging
45 60*
Commercial
Commercial Retail, Bank, Restaurant
50 ---
Office Building, R&D, Offices
45 65
Amphitheater, Auditorium, Theater
45 ---
Institutional
Hospital, School, Church, Library
45 65
Open Space
Park and Recreational Areas
---
65 Note: *An exterior noise level up to 65 dBA will be allowed, provided exterior noise levels are substantially mitigated through the reasonable use of best available noise reduction technology and interior noise does not exceed 45 dBA with windows and doors closed.
Under the municipal code, no ground vibration is allowed which can be felt without the aid of instruments at or beyond the lot line, or which produces a particle velocity greater than or equal to two -tenths (0.2) inch per second measured at or beyond the lot line. Construction activities are generally exempt during working days.
Future Noise Levels
Yucaipa's predominant source of noise levels is transportation related.
Based on noise measurements, projected noise levels were identified and calculated at buildout of the general plan and then compared with City standards to determine the most noise -impacted areas. Areas having an average day -night sound level (Ldn) of 60 dBA (if residential) or 65 dBA or greater (less sensitive uses) were identified. Figure S-6, Noise Hazard Overlay District, shows the greatest future sources of noise will be roadways:
+ Sand Canyon
+ Yucaipa Boulevard
+ Avenue E
+ Live Oak Canyon
+ Oak Glen Road
+ Portions of 14th Street
+ Colorado Road
+ County Line Road
+ Calimesa Boulevard
+ Bryant Street
+ Portions of 5th Street
+ Interstate 10
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Protecting Our Community
The state and federal government regulate sources of noise from transportation sources or the workplace. Therefore, the City works to control noise through the following programs and policies.
Noise Insulation Standards
Yucaipa enforces State of California Noise Insulation Standards (California Administrative Code, Title 24) and Chapter 35 of the Uniform Building Code. These regulations specify that acoustical studies must be prepared for all new multiple -family projects, condominiums, hotels, and motels proposed for areas within the 60 CNEL contour. In accordance with noise insulation standards, project applicants must demonstrate that building design features can reduce interior noise levels to 45 CNEL or better.
Noise Ordinance and Vibration Standards
The municipal code gives the City authority to regulate noise at its source (except transportation sources), protect noise -sensitive land uses, and regulate the level of vibration. The municipal code also specifies permitted periods for construction and grading activities to exceed specified noise thresholds, vibration thresholds, and exemptions where applicable. Construction activities typically have some level of exemption during working hours. These standards are also applicable to nontransportation sources of noise and vibration and periodic nuisances within the community.
Noise Overlay District
Yucaipa applies a noise hazard overlay district to areas where the Lan is 65 dBA CNEL or greater. For new projects, the 60-dBA CNEL contour represents areas in which proposed noise sensitive land use should be evaluated. Projects should strive to meet the 60-dBA CNEL noise standard. An exterior noise level of up to 65 dBA CNEL will be allowed for new projects, provided exterior noise levels have been substantially mitigated through the reasonable application of the best available noise reduction technology and interior noise exposure does not exceed 45 dBA with windows and doors closed.
Land Use Planning
To ensure land use compatibility, City programs focus on reducing noise and vibration levels by shielding the receiver, thus interrupting the path of noise and vibration. This is achieved by three means: 1) proactive land use planning that separates potentially incompatible uses; 2) building design and site planning; and 3) reducing noise and vibration from the freeway and roadways through appropriate barriers (e.g., walls, landscaping, berms, and other appropriate techniques). Sounds walls should be the last resort after all other practical design -related noise and vibration reduction measures have been undertaken. 07/28/2025 City Council Agenda
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-
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7. PUBLIC SAFETY 17-45
Figure S-6
NOISE HAZARD
OVERLAY DISTRICT
ciry Mils
Yucaipa Sphere of Influence
Dverloy Designation
60 dBA future noise level
65+ dBA fulure noise level
YUCAI PA
GENERAL PLAN
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I_ a 7.70 14.0 CVO PLACEWORKS
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GOAL S-6: NOISE AND VIBRATION SAFETY
Appropriate community noise and vibration levels that
balance the need for peaceful environments for sensitive land uses with the needs of local businesses and regional land uses.
Policies
5-6.1 Noise Assessment. Assess the compatibility of proposed land uses with the noise environment when preparing,
revising, or reviewing applications for development
projects or land use changes.
5-6.2 Acoustical Studies. Require acoustical studies for proposed projects within areas that exceed 60 dBA;
discourage siting of new noise -sensitive uses in areas exceeding 65 dBA without appropriate mitigation.
5-6.3 Noise Insulation and Vibration Standards. Require new projects to comply with noise insulation and vibration
reduction standards in local, regional, state, and federal regulations, as applicable.
5-6.4 Noise Nuisance Standards. Regulate the control of residential noise nuisances —such as parties, barking dogs, other animals, and limited agricultural operations —
through the City's municipal code.
5-6.5 Development Patterns. Locate new development in areas where noise levels are appropriate for the use. Limit
development of noise -producing uses adjacent to noise - sensitive receptors and require that noise -producing land uses have adequate mitigation.
5-6.6 Land Use -Noise Compatibility. Require mitigation of exterior and interior noise to the levels in Table S-1.
Encourage the use of building design, site planning,
landscaping, and other features to reduce noise levels. 5-6.7 Vibration Reduction. Minimize vibration impacts from construction sites, roadways, and other sources with a
combination of setbacks, structural design features, and operational regulations as appropriate.
S-6.8 Street Improvements to Reduce Noise. Employ noise mitigation practices and materials when designing or
improving streets; emphasize use of natural buffers or
setbacks between roads and noise -sensitive areas.
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AIR QUALITY AND CLIMATE CHANGE
Recent years have seen increasing awareness of how human activities affect the environment. Industrial activities, transportation, and other activities primarily using fossil fuels are known to release pollutants, carbon dioxide, and other gases into the atmosphere. The cumulative effect of these activities has been twofold: air pollution and a global "greenhouse" effect.
Air Quality
Air pollution has long been a health concern in Southern California.
Smog is the term used to describe air pollutants, including ground -level ozone (smog's main ingredient), particulate matter, carbon monoxide, and nitrogen oxide. When released to the air, these gases react with each other in sunlight to produce smog. Ocean breezes then sweep the smog inland, where warmer air traps the smog close to the ground where people live and breathe.
San Bernardino County has long experienced poor air quality. Just 25 years ago, 60% of all days in San Bernardino County had unhealthful air quality in 1990. Since then, stringent regulations implemented by the South Coast Air Quality Management District and technological advances have led to significant improvements in air quality. In 2015, only 30% of the days each year in San Bernardino County have unhealthful air quality.
Southern California is now in compliance with state and federal standards for many criteria pollutants: carbon monoxide (CO), nitrogen oxides (NO2), sulfur dioxide (S02, and lead (Pb). However, the region continues to be in severe and/or extreme nonattainment status for particulate matter (PMio and PM2,3), and ozone (03). The City's primary source of air pollution is ozone (03), while other areas in the County also have high levels of particulate matter.
Even at today's levels, poor air quality continues to affect health.
Breathing ozone can trigger chest pain, coughing, throat irritation, and congestion. It can worsen bronchitis, emphysema, and asthma. Ground - level ozone also can reduce lung function, inflame lung linings, and even permanently scar lung tissue. Ozone is also known to affect sensitive vegetation and ecosystems, including forests, wildlife refuges, and wilderness areas.
Several regulatory agencies are involved in improving air quality. The South Coast Air Quality Management District (SCAQMD) is responsible for assuring that the ambient air quality standards are attained and is responsible for promulgating regulations for stationary sources. The California Air Resources Board focuses its air pollution activities on air pollution emanating from transportation sources —vehicles, trucks, railroads, and marine vessels. The federal Environmental Protection Agency regulates airplane emissions.
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Climate Change
Just as air pollution adversely affects health, it also affects climate. The Earth's temperature depends on a balance between incoming energy from the sun, and outgoing energy that is radiated to space as heat.
Atmospheric greenhouse gases (GHGs), such as carbon dioxide, methane, nitrous oxide, and other gases trap energy and prevent heat from escaping into the atmosphere. The cumulative impact of millions of GHG-generating activities affects this balance.
The reduction in the release of heat back into the atmosphere has been credited with global warming. The consequences of climate change are hard to predict. Globally, impacts could include warmer temperatures, decreasing snow pack, sea level rise, and impacts on water resources, wildlife, habitat, and agricultural production. However, according to the California EPA, even if actions were taken to significantly curtail GHG emissions, the built-up emissions in the atmosphere would result in some level of climate warming.
The California Assembly Bill 32 (AB 32) and the California Global Warming Solutions Act have attempted to address climate change issues in a comprehensive manner. On the federal government level, the courts have ruled that GHGs are a source of pollution that is covered under the Clean Air Act. As such, state and federal statutes have been expanded to cover a diverse set of topics, such as land use and transportation, energy and renewables, water efficiency and conservation, and waste and recycling.
Yucaipa contributes to the production of greenhouse gas emissions in a variety of direct and indirect ways. Like most jurisdictions in southern California, the City of Yucaipa's greenhouse gas emissions are predominantly the result of five activities: building energy usage, on - road transportation sources (e.g., vehicles), off -road equipment, solid waste management, and wastewater and water services. Consequently, these five areas also represent the best and most productive opportunities for reducing greenhouse gas reductions to meet the City's mandated targets.
SANBAG's Regional Reduction Plan contains a regional assessment of GHG generation and programs for jurisdictions to implement that collectively achieve reductions in regional GHGs. Building off the regional plan, Yucaipa's Climate Action Plan presents the greenhouse gas inventories and sets forth local measures to reduce GHG emissions under the City's jurisdictional control to achieve the City's reduction targets. The CAP is based upon the Regional Reduction Plan, but has been revised to accommodate the growth projections for 2020 from the proposed 2015 General Plan update.
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Protecting Our Community
The City of Yucaipa has adopted a number of plans and regulations that attempt to improve air quality in the community, reduce hazards for residents, and address requirements in state and federal law. These programs are summarized below.
Climate Action Plan
The City of Yucaipa has adopted a Climate Action Plan (CAP) to address requirements under the California Global Warming Solutions Act of 2006. The CAP presents the greenhouse gas (GHG) inventory for Yucaipa, identifies the effectiveness of California, regional, and countywide initiatives to reduce GHG emissions, and concludes with City strategies to achieve GHG targets for Yucaipa. The General Plan Environmental Impact Report contains mitigation measures that are being followed through the duration of the general plan to reduce GHG emissions as required by state law.
Public Nuisance Ordinances
If it is determined during project -level environmental review that a project has the potential to emit nuisance odors beyond the property line, the City has the authority to require odor management plans. Such facilities could include, but are not limited to wastewater treatment, composting or recycling, painting/coating operations, food processing facilities, and other such businesses. Commercial poultry ranches must also have an approved manure management plan to control odors and associated public nuisances. Odor management plans shall identify best available control technologies to reduce odors.
Land Use Planning
Air pollution is most acute near freeways, industrial areas, diesel truck routes, and busy/congested roadways. As such, CARB recommends that "sensitive land uses" such as residences, care facilities, schools, day- care centers, playgrounds, or medical facilities not be located near major sources of pollution. The General Plan provides policies to avoid placing sensitive land uses near sources of air pollution without the preparation of a health risk assessment (HRA). Similarly, qualified polluting industries that are relocating to or expanding must also prepare required HRA prior to approval of local permits.
The following goal and policies are intended to support local and regional goals to improve air quality and mitigate climate change. 07/28/2025 City Council Agenda
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GOAL S-7: AIR QUALITY AND CLIMATE CHANGE
Clean and healthful air resources that promotes public
health, protects the natural environment, and mitigates local impacts to climate change.
Policies
5-7.1 Integrated Planning. Integrate air quality planning with land use, economic development, and transportation -
related planning to allow for the control and management of air quality.
5-7.2 Transportation Sources. Encourage the expansion of transit, buildout of the pedestrian and bicycle route
network, support of regional ride -share programs, and
other efforts to reduce vehicle miles travelled from
Yucaipa and associated vehicle emissions.
5-7.3 Sensitive Land Uses. Protect residents from health risks by avoiding the placement of sensitive uses and land uses
generating high levels of pollutants within close proximity to one another. Appropriate distances shall be
determined based on best available knowledge.
5-7.4 Regional Cooperation. Work with the South Coast Air Quality Management District, San Bernardino Association of Governments, local cities, and other agencies and
stakeholders in implementing programs that reduce air
pollution.
S-7.5 Energy Usage. Support the reduction and conservation of energy usage in residential and nonresidential buildings through adoption of building codes, promotion of energy - saving equipment, solar power, and other technology.
5-7.6 Greenhouse Gas Reductions. Reduce communitywide
greenhouse gas emissions locally through the
implementation of Yucaipa's Climate Action Plan; actively support regional efforts to reduce greenhouse gases
throughout the county.
5-7.7 Open Spaces Preservation. Continue to preserve and protect Yucaipa's open natural spaces, maintain a
community forest, and plant public landscaping to help
filter air pollutants and improve air quality.
5-7.8 Odor Management. Work with businesses to address
odors and associated potential public nuisances from
operations; where permissible under state law, require
odor management plans where needed to minimize odors
resulting from business operations.
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SAFETY PROGRAMS
In accordance with Section 65302 of the Government Code, this section outlines feasible implementation actions that Yucaipa will undertake to achieve the goals, policies, and objectives in the Safety Element. Table S-3 provides a summary of the objectives, timeframes, and implementation measures.
1. Drainage Master Plan
Historically, Yucaipa has been subject to intense flooding that has resulted in personal and economic damages in the community. In 1993, Yucaipa completed and adopted a master drainage plan (MPD) that specified $90 million worth of improvements to its stormwater facilities, including spillover detention and desilting basins. Yucaipa's MPD assesses planned improvements to flood control channels and detention basins; desilting basins; flood channel stabilization; and improvements to drainage facilities and infrastructure needed to provide protection from flooding events.
Action. Continue to implement projects identified in the Master Plan of Drainage; amend plan as needed to maintain accuracy and relevance for flood planning purposes.
2. Flood Plain Safety Overlay District Map
Yucaipa's Floodplain Safety Overlay District identifies areas within the city that need additional protection from flooding hazards. In accordance with FEMA regulations, two flood risks were identified.
Floodplain Review Area 1 (FP 1) includes areas subject to a 100-year flood. Floodplain Review Area 1 (FP 2) includes areas between the 100- year flood and subject to a 500-year flood. These maps are used for planning purposes, including prioritizing capital improvements to reduce flooding risks and requiring enhanced development regulations for properties within a review area.
Action. Continue to update plan as capital improvement projects are completed, risks are identified or modified, or flood insurance rate map revisions are made.
3. Building and Development Standards
The Yucaipa Municipal Code contains enhanced building codes and development standards for projects located within the floodplain.
Enforcement of these codes is a precondition for FEMA to make available flood insurance policies for Yucaipa property owners and businesses. Development projects may be subject to FP 1 or FP 2 regulations, flooding studies, or other mitigation. In certain areas where flood risks have not been defined by FEMA, the City Engineer may require additional studies or mitigation.
Action. Maintain the floodplain management ordinance in accordance with the National Flood Insurance Program and require adherence to the ordinance and state and federal laws.
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4. Low Water Crossings
In 1999, the City Council adopted a resolution to prioritize projects that would eliminate low water crossings at several areas as a precondition for applying for federal grant funding to build bridges over the drainage channels and provide "all weather" crossing for traffic. These roads were always closed to traffic during significant storm events. Since then, the City has built bridges or completed "low water crossing replacements" at 5 locations and the City is currently in the design and/or environmental phase for 6 other locations. In 2015, the City Council approved service level options to budget for improvements at the remaining low water crossings.
Action. Continue to implement low water crossing replacement projects identified in the City's capital improvement program and authorizing ordinance.
5. Flood Management Projects
Yucaipa's Master Plan of Drainage is the blueprint for how the City will protect the community from flooding through the construction of infrastructure. The City's Master Plan of Drainage (MPD) provides an assessment of drainage and infrastructure needs and a plan for the construction of detention basins and facilities to protect from flooding hazards. Yucaipa's Master Plan of Drainage is periodically updated, most recently in 2011 and 2008. Needed improvements to the City's drainage system are included in the City's capital improvement program and funded through the annual budget.
Action. Continue the financing and construction of drainage improvements noted in the capital improvements program that are recommended in the Master Plan of Drainage.
6. Flood Infrastructure Maintenance
Yucaipa's extensive network of drainage courses, detention basins, and storm drains requires periodic maintenance to minimize the potential for riverine and urban flooding. The San Bernardino Flood Control District is responsible for maintaining, cleaning, and repairing regional facilities, while the City is responsible for maintaining, cleaning, and repairing all local facilities. The California Department of Water Resources and County Flood Control are responsible for maintaining reservoirs in Yucaipa. To facilitate this maintenance effort, the County operates a master stormwater system maintenance program for regional facilities.
Action. Maintain agreements to ensure proper clearing, maintenance, and repair of stormwater facilities, detention basins, and channels to protect against flooding.
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7. Fire Code Amendments
The City has adopted the latest edition of the California Fire Code, with all appendices. The City has also amended the code to address roadway and project access, fuel modification, brush clearance and vegetation management, building signage, and other features. Additional structural requirements have been added for projects in the fire review overlay district. These codes are generally consistent with regulations in the National Fire Protection Association, Board of Forestry and Fire Protection, Wildland-Urban Interface Code, etc. However, as conditions in Yucaipa and best practices change overtime, a periodic review of City codes is warranted.
Action. Review and revise, if necessary, City fire codes to accommodate applicable regulations of the Board of Forestry and Fire Protection, state law, and best practices.
8. Fire Safety Overlay Districts
When Yucaipa incorporated in 1989, City leaders adopted portions of the County's Development Code, including fire safety overlay district requirements that are more stringent than most fire codes. Since then, the FR1 and FR2 overlay district requirements have been amended, but not in a comprehensive manner. Under state law, a city may adopt ordinances, rules, or regulations to provide fire prevention restrictions or regulations that are necessary or more stringent than state law to meet local fire conditions and needs. To implement the updated Safety Element, a comprehensive review of fire safety overlay district regulations is warranted. As part of the development of new Planned Development projects or Specific Plans within the FR1 district, include additional provisions that help improve the fire safety conditions, including the implementation of a fire protection plan.
Action. Review and revise, if necessary, local fire overlay district regulations to accommodate applicable regulations of the Board of Forestry and Fire Protection, state law, and best practices.
9. Water Supply for Wildland Areas
The City, CAL FIRE, and Yucaipa Valley Water District require that adequate water supplies be made available to address the water supply and fire flow needs for new development. However, citywide water supply standards have not been adopted for wildland areas. In wildland areas, CAL FIRE has access to emergency land use agreements, water tenders, and other provisions to supply water where needed. While CAL FIRE has the capability to address fire suppression needs in Very High Fire Hazard Severity Zone, the Board of Forestry and Fire Protection recommends that the City review standards (such as water supply standards for wildland areas) for consideration and incorporation.
Action. Review and revise, if necessary, local municipal codes to address water supply standards recommended by the Board of Forestry and Fire Protection.
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10. Subdivision Map Requirements
As a condition of subdivision map approval, the City requires that: 1) subdivision design shall provide for safe and ready access for fire and other emergency equipment and evacuation routes; 2) the subdivision shall be served by water supplies for fire protection in accordance with designated standards; and 3) in hazardous fire areas, all flammable or combustible vegetation shall be removed from around all structures in accordance with the Fire Code. However, recently adopted codes (Government 66474.02) require additional findings to be made for the approval of a tentative or parcel map in Very High Fire Hazard Severity Zone.
Action. Review and, if necessary, revise Yucaipa Municipal Code to incorporate criteria for tentative and parcel map approvals specified in Government Code 66474.02.
11. Upgrade and Retrofit Program
Yucaipa's structures, streets, water infrastructure, and other features were built in accordance with fire, seismic, flooding, and other safety codes required at that time. The City strives to ensure that public buildings, roads, water infrastructure, and other features are built or retrofitted to meet required safety standards. However, there may be a need to retrofit older structures, buildings and infrastructure outside the purview of City responsibility, such as privately owned mobile homes, buildings, water facilities, and other infrastructure. The City will continue to explore options for grants, loans, and/or other funding mechanisms to address buildings, structures, and facilities needing upgrade.
Action. Continue to upgrade public facilities in compliance with state and federal law. Explore grants, loans, and other mechanisms to encourage the retrofit of privately owned structures, buildings, infrastructure, and other features to meet current safety codes.
12. Hazard Mitigation/Emergency Operations Plan Update
Yucaipa prepares and implements a Hazard Mitigation Plan (HMP) and Emergency Operations Plan (EOP) to protect the community from disasters. Both plans are updated regularly in accordance with state and federal law. The Safety Element identified potential evacuation routes, depending on the hazard. To address other changing requirements, future updates of the EOP, HMP, and Safety Element will ensure that policies, procedures, and protocols will be mutually supportive and consistent with one another.
Action. Review and, if necessary, revise the HMP and EOP to address protocols, procedures, and mapping for evacuation routes and overlay districts. Update the safety element as required to incorporate climate change and resiliency strategies from the HMP and revisions to the EOP that are made in subsequent updates.
7. PUBLIC SAFETY
CITY OF YUCAIPA GENERAL PLAN 17-55
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7. PUBLIC SAFETY
2024 UPDATE
Table S-4
Safety Implementation Programs
Programs
Program #1:
Drainage Master Plan
Implementation
Actions and Progress
Action
Funding
Source
Responsible Party
Time Frame
Ongoing
Continue to implement projects identified in
the Master Plan of Drainage; amend plan as
needed to maintain accuracy and relevance for
flood planning purposes.
General Fund;
Drainage Fees
Yucaipa ED
Program #2:
Floodplain Safety Overlay
District Map
Continue to update plan as capital
improvement projects are completed, risks are
identified or modified, or flood insurance rate
map revisions are made.
General Fund;
Drainage Fees
Yucaipa ED
Ongoing
Program #3:
Building and Development
Standards
Maintain thefloodplain management ordinance in
accordance with the National Flood Insurance
Program and require adherence to the ordinance
and state and federal laws.
General Fund
Yucaipa ES
As part of
triennial
update
Program #4:
Low Water Crossing
Continue to implement low water crossing
replacement projects identified in the City's
capital improvement program and authorizing
ordinance.
General Fund
Yucaipa ED
2016-2025
Program #5:
Flood Management projects
Continue the financing and construction of
drainage improvements noted in the capital
improvements program and recommended in
the Master Plan of Drainage.
General Fund
Yucaipa ED
Ongoing
Program #6:
Flood Infrastructure
Maintenance
Maintain agreements to ensure proper
clearing, maintenance, and repair of
stormwater facilities, detention basins, and
channels to protect against flood.
General Fund
Yucaipa PWD
Ongoing
Program #7:
Fire Code Amendment
Review and revise, if necessary, city fire codes
to accommodate applicable regulations of the
Board of Forestry and Fire Protection, state law,
and best practices.
General Fund
Yucaipa DSD
Yucaipa Fire
As part of
al
trien to u
update
Program #8:
Fire Safety Overlay District
Review and revise, if necessary, fire overlay
district regulations to address applicable
regulations of the Board of Forestry and Fire
Protection, state law, and best practices.
General Fund
Yucaipa DSD
Yucaipa Fire
As part of
triennial
update
Program #9:
Water Supply for Wildland
Areas
Review and revise, if necessary, local municipal
codes to accommodate water supply
standards recommended by the Board of
Forestry and Fire Protection.
General Fund
Yucaipa DSD
Yucaipa Fire
Ongoing
Program #10:
Subdivision Map Act
Requirements
Review and, if necessary revise, Yucaipa
Municipal Code to incorporate criteria for
tentative and parcel map approvals specified
in Government Code 66474.02.
General Fund
Yucaipa DSD
Ongoing -
add more
Development
Code Update
Program #11:
Upgrade and Retrofit Program
Continue to upgrade public facilities in
compliance with state and federal law. Explore
grants, loans, and other mechanisms to
encourage the retrofit of privately owned
structures, buildings, infrastructure, and other
features to meet current safety codes.
General Fund
Yucaipa DSD
Ongoing
Program #12:
Mitigation/Emergency
Operations Plan Update
Review and, if necessary, revise the HMP and
EOP to address protocols, procedures, and
mapping for evacuation routes and overlay
districts. Update the safety element to
incorporate climate change and resiliency
strategies from the HMP and revisions to the
EOP that are made in subsequent updates.
General Fund
Yucaipa CCD
As required by
state and
federal law
. 7-56 I CITY OF YUCAIPA GENERAL PLAN
.416
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7. PUBLIC SAFETY
CITY OF YUCAIPA GENERAL PLAN 17-57
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ATTACHMENT 3
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ORDINANCE NO. 459
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YUCAIPA, CALIFORNIA,
ADOPTING UPDATED FIRE HAZARD SEVERITY ZONES AS RECOMMENDED BY
THE CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION PURSUANT TO GOVERNMENT CODE SECTION 51178 AND ASSOCIATED
BUILDING CODES
THE CITY COUNCIL OF THE CITY OF YUCAIPA, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Findings.
The City Council finds and declares:
A. Under California Government Code § 51178, the Office of the State Fire Marshal (OSFM), a program of the California Department of Forestry and Fire Protection (CAL FIRE), must identify areas in the City of Yucaipa ("City") that constitute Moderate, High, and Very High Fire Hazard Severity Zones (FHSZs).
B. On March 24, 2025, OSFM transmitted to the City an updated map designating proposed FHSZs within the City ("Fire Hazard Severity Zone Map"). The map was posted to the City's website and made available for public review and comment.
C. Government Code § 51179 requires the City to adopt the OSFM-recommended FHSZ map by ordinance and prohibits any reduction in the recommended hazard classifications absent substantial evidentiary findings.
Section 2. Environmental Findings.
The City Council, exercising its independent judgment, determines that this ordinance is exempt from the California Environmental Quality Act (CEQA) because the ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment; the ordinance is not a "project" because it merely adopts a state -mandated map without discretionary changes; and the ordinance constitutes an action by a regulatory agency for the protection of the environment.
Section 3. Adoption of Fire Hazard Severity Zone Map.
The Fire Hazard Severity Zone Map entitled "City of Yucaipa Fire Hazard Severity Zones" attached hereto as Exhibit A, is hereby adopted and designated as the official FHSZ map of the City. The City Clerk and Fire Chief shall maintain the map on file and ensure that a searchable digital copy is posted on the City's website.
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Section 4. Section 15.04.115 of Chapter 15.04 of Title 15 of the Yucaipa Municipal Code is hereby amended to read as follows:
"15.04.115 California Fire Code amendments.
Section 503.2.7 of the California Fire Code amended to read as follows:
503.2.7 Grade. The gradient for fire apparatus access road grades shall not exceed the maximum of 102% unless approved by the ChiefCity of Yucaipa. A grade variance and plan review approval for a road, street, private lane or driveway with a slope of 10- 12% may be approved at the discretion of the Yucaipa Fire Marshall. A grade variance and plan review approval for a road, street, private lane or driveway with a slope of 12-16% may be approved at the discretion of the Yucaipa Fire Chief/Fire Code Official.
Section 4901.3 is hereby added to the California Fire Code to read as follows:
4901.3 General. A Fuel Modification Plan, approved by the Chief, may be required for new development within the fire overlay districts. The Fuel Modification Plan shall include mitigation measures consistent with the unique problems resulting from the location, topography, flammable vegetation and climate of the proposed site within the FR1, and FR2 and FR3 Zones. The Fuel Modification Plan shall address water supply, access, building ignition and the fire resistance, fire protection systems and equipment, defensible space and vegetation management. The Fuel Modification Plan shall be consistent with the Interface Code, Appendix TIA and the City of Yucaipa Development Code, or at the option of the Chief, with other nationally recognized standards and good practice.
Section 4905.4 is hereby added to the California Fire Code to read as follows:
4905.5 Construction Within FR-1 and FR-2 and FR-3 Overlay Zones
1. General Provisions
a. The provisions of this section shall apply to all phases of a development project.
b. A notice of all land use applications and/or development permits that would lead to the construction of structures or the subdivision of land shall be filed with the responsible fire authority by the Community Development Department. c. All proposed land use applications that would lead to the construction or expansion of a structure or the subdivision of land shall be submitted to the responsible fire authority and the appropriate Resource Conservation District Office for review and recommendation. Any recommendations received shall be 07/28/2025 City Council Agenda
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indicated in any staff report and/or presentation for the proposed development and shall be incorporated into the conditions of approval where possible. d. All proposed development must meet all other applicable standards set forth by the responsible fire authority.
e. When the requirements of the underlying land use district or an applicable specific plan are more restrictive than the provisions of this section, such requirements shall prevail.
f. When an addition, alteration, enlargement or reconstruction of a structure equals or exceeds fifty percent (50%) of the existing structure, or twenty-five percent (25%) of the roof for the roofing requirements only, the provisions of the City of Yucaipa Development Code, regarding construction requirements shall apply to the entire structure and/or the whole roof as applicable. Such structures and/or roofs shall be entirely retrofitted to comply with the provisions of this section.
2. Division of Review Areas
The Fire Safety Review Areas, as established by CAL FIRE and adopted by the City of Yucaipa. Each represents a different level of wildland hazard. A different set of requirements is applied in each review area. The provisions for these requirements, are cumulative in that all of the requirements that are specified for Fire Safety Review Area 2 shall also apply to Fire Safety Review Area 1, in addition to those specified for only Fire Safety Review Area 1, and similarly for Fire Safety Review Area 3. a. Fire Safety Review Area 1 (FR1)
Fire Safety Review Area 1 includes wildland areas that are marginally developable, areas which are not likely to be developed, and the area of transition between wildlands and areas that are partially developed or are likely to be developed in the future. The area of transition is often characterized by an abrupt slope change.
Natural hazards are prevalent throughout Area 1, especially in areas with natural ungraded slopes greater than thirty percent (30%). Area 1 includes areas of very high to extreme fire hazard.
b. Fire Safety Review Area 2 (FR2)
Land within Area 2 is relatively flat, and is either partially or completely developed, or, if it is not developed, is usually suitable for development. Present and future development within Area 2 is exposed to the impacts of wild land fires and other natural hazards primarily due to its proximity to Area 1. c. Fire Safety Review Area 3 (FR3)
Land within Area 3 provides for the transition from the wildlands areas of FR1 and FR2 to the developed portions of the City and this Area is often developed.
Present and future development within Area 3 is exposed to the impacts of 07/28/2025 City Council Agenda
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wildland fires and other natural hazards that would come from Area 1 and extend past Area 2.
3. Area FR1, and FR2 and FR3 Requirements
a. Construction Requirements
(1) Roof coverings shall be either non-combustible or fire retardant with a minimum Class A rating, as defined in the California Building Code. Wood shake or shingle roof coverings are not permitted.
(2) Every chimney used in conjunction with any fireplace or any heating appliance in which solid or liquid fuel is used, shall be maintained with a spark arrester. An approved spark arrester shall mean a device constructed of stainless steel, copper or brass, woven galvanized wire mesh, twelve (12) gauge minimum of three -eights (3/8) inch minimum to one-half (1/2) inch maximum openings, mounted in or overall outside flue openings in a vertical and near vertical position, adequately supported to prevent movement and visible from the ground.
(3)Louvers, ventilators, or openings in walls, roofs, attics, and under floor areas having headroom less than four (4) feet in height which are not fitted with sash or doors, shall be covered with wire screen. The screen covering such openings shall be of galvanized metal or copper and shall have a maximum mesh of one -quarter (1/4) inch.
(4)Eave-type attic ventilators are prohibited.
(5) The space between rafters at exterior walls shall be solidly filled with tight -fitting wood blocks at least one and one-half (1-1/2) inches thick. (6) Fuel tanks (e.g., liquefied petroleum tanks) shall be located at least ten (10) feet away from any structure and in accordance with the California Fire Code.
(7) All non -accessory buildings shall have reflective and noncombustible building address numbers with at least three inch (3") high lettering visible from the road on which the structure fronts.
(8) All buildings on lots created after the effective date of this section shall be set back at least thirty feet (30') from the boundary of the San Bernardino National Forest.
(9) Structures in areas with slopes exceeding thirty percent (30%) and thirty feet (30') in height shall comply with the following:
(a) Where structures are proposed or within two hundred (200) feet of slopes that are greater than thirty percent (30%) prior to grading and where such slopes are at least thirty (30) feet in height, the vegetation on such slopes shall be treated in such a manner that it becomes a fuel modified area. Such fuel modified area shall be maintained for either the entire slope, or one hundred (100) feet, or to the property line, whichever distance is less.
(b) Where grading is utilized which does not conform to the natural slope and the graded area is adjacent to natural ungraded slopes which are greater than thirty percent (30%) and which are greater 07/28/2025 City Council Agenda
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than thirty (30) feet in height, structures shall be set back at least thirty (30) feet from the edge(s) of the graded area adjacent to such natural ungraded slopes.
(10) All areas used for the storage of firewood, or other flammable materials shall either be at least thirty (30) feet away from all structures, or wholly enclosed within a structure.
(11) Fire hydrants shall be identified by a method specified by the Fire Authority.
(12) There shall be vehicular access, at least twelve (12) feet in width, to within at least ten (10) feet of any static water source including ponds, lakes, swimming pools, reservoirs and water storage tanks. Access shall be either to a plumbed outlet with two and one-half (2-1/2) inch National Hose Thread Fitting or directly to the source. This requirement shall be waived if the fire authority determines that the water source is sufficiently below the elevation of existing or proposed roads or driveways to make drafting of water from the source through a plumbed outlet infeasible, and that direct vehicular access to the water source would require an impractical extension of a road or driveway.
b. Building Separations
(1) Building Separation Standards
(a) All buildings on parcels created after the effective date of this section and all other parcels with lot widths sixty (60) feet of greater shall have exterior wall separations of at least thirty (30) feet. (b) All buildings on parcels created prior to the effective date of this section with lot widths less than sixty (60) feet shall have interior side yards which shall not be less than five (5) feet and need not exceed fifteen (15) feet. In no case shall exterior wall separations be less than ten (10) feet for all buildings, including those on adjoining parcels.
(c) When exterior walls of residential and accessory buildings or portions thereof are within fifteen (15) feet of interior side or rear lot lines, or the exterior wall separation is less than thirty (30) feet, the following shall apply:
(i) The outside of all such exterior walls or portions
thereof shall be covered with materials which are approved for exterior locations and are of fire resistive construction as defined in the California Building Code.
(ii) All exterior doors made of wood or wood portions
shall be solid core wood, and
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(iii) Windows, skylights, sliding glass doors or glass
inserts in doors shall be constructed of approved tempered dual -pane glass.
(2) Intent of Standards
The intent of the exterior wall separation standards is to reduce the exposure and risk from adjacent structural fires and to reduce the potential spread of fire from structure to structure.
(3) Alternate Measures (Exterior Wall Separation)
Pursuant to Subsection 5, of this section and dependent upon site specific conditions, the following measures or combinations thereof may be substituted for the exterior walls separation requirements specified for all buildings in Subsection b.(1)(a) above; provided, that in no case shall such exterior wall separations be less than ten (10) feet:
(a) The expansion of fuel modified areas around the
development perimeter of the development project beyond that required through the provisions of this section or other parts of this Title.
(b) A substantial transfer of density from steeper slopes, including areas with slopes less than thirty percent (30%) if they exist on site, to less steep areas within the development project. (c) Clustering of structures away from the development
perimeter and away from fire hazardous areas. When this alternative is utilized, multi -residential dwelling units shall be located as far as practical from fuel modified areas and fire hazardous areas. (d) The provision of more fire resistive construction standards than normally required through the provisions of the Fire Safety (FR) District and otherwise required through the California Building Code or California Fire Code.
(e) Other alternate measures if approved by the Community Development Department pursuant to the provisions of Subsection 5 of this Section.
c. Project Design Requirements
(1) All development projects and each phase thereof, except for a development project located exclusively on a cul-de-sac, shall have a 07/28/2025 City Council Agenda
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minimum of two (2) points of vehicular ingress and egress, designed to City roadway standards, with a minimum width of twenty-four 24 feet of all- weather surface as defined in the California Fire Code, from existing and surrounding streets. One such point of vehicular access may be an emergency access route with an all-weather surface if the Community Development Department makes and justifies all of the following findings:
(a) Two points of non -emergency access are physically
infeasible.
(b) Provisions have been made to reasonably ensure that the emergency access will be maintained.
(c) Based on the review and consideration of the Fire Authority's recommendation, the emergency access route will provide adequate vehicular ingress and egress during emergencies.
(2) All development projects shall provide eight (8) inch or larger circulating (loop) water mains as required by the California Fire Code, proper hydrant location and spacing, and have sufficient water storage capacity to provide the minimum fire flow duration requirements (gallons per minute (GPM) for a minimum number of hours or portions thereof) as specified by the minimum system standards established by the Fire Authority. Circulating (loop) mains are not required for cul-de-sacs and are not required for subdivisions that exclusively take all access from cul-de- sacs. In areas not served by water purveyors, on -site fire flow and water storage requirements will be as specified by the California Fire Code. (3) All public or private streets within or bordering a development project shall have noncombustible and reflective street name signs designed to City standards and visible at all street intersections. (4) Fuel Modification Areas
(a) A permanent fuel modification area may be required around development projects of portions thereof that are adjacent or exposed to hazardous fire areas for the purpose of fire protection.
The recommended width of the fuel modification area shall be determined by the responsible Fire Authority in conjunction with the Fire Department, but in no case shall it be less than the lot line one hundred (100) feet in width as measured from the development structure(s) perimeter. The width of the fuel modification area shall be determined based upon:
(1)The natural ungraded slope of the land within the project and in the areas adjacent to the project;
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(2)Fuel loading;
(3) Access to the project and access directly to the fuel modified area;
(4) The on -site availability of water that can be used for firefighting purposes;
(5) Adequate provisions shall be made for the continual maintenance of such areas, and, where feasible, such areas shall be designated as common open space rather than
private open space;
(6) Fuel modification areas shall also incorporate soil erosion and sediment control measures to alleviate
permanent scarring and accelerated erosion.
(b) When development projects are phased, individual phases may be required to provide temporary fuel modification areas, where the development perimeter of a phase is contiguous to a subsequent phase of a project, which in its undeveloped state is a hazardous fire area. The need for a temporary fuel modification area shall be determined by the responsible fire authority in conjunction with the Fire Department and shall be based upon the same consideration described in Subsection c.(4)(a) of this Section for permanent fuel modification areas.
(c) Erosion and Sediment Control
All development projects, building permits, grading and any other significant land disturbing activity shall install erosion control measures in compliance with the provisions established by Title 16, Land Use and Development of the Highland Municipal Code for such erosion control measures.
4. Additional Area 1 (FR1) Requirements
The following requirements apply only to Area 1, in addition to those specified for bedi Areas 1, and 2 and 3.
a. Construction Requirements
(1) The outside of all exterior walls shall be covered with materials which are approved for exterior locations and listed as one (1) hour fire resistive construction as defined in the California Building Code. All exterior doors 07/28/2025 City Council Agenda
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made of wood or wood portions shall be solid core wood. A standard hose bib shall be provided along the exterior of the building. (2) All windows, skylights, sliding glass doors or glass inserts in doors shall be constructed of approved tempered dual -pane glass.
(3) Cantilevered or standard type decks shall be constructed with:
(a) A minimum of at least one and one-half (1-1/2) inch wood decking; and/or
(b) Protected on the underside with materials approved for one (1) hour fire -resistive construction; and/or
(c) Be of noncombustible materials, as defined in the California Building Code.
(4) Patio covers attached or within ten (10) feet of a residential structure with plastic, bamboo, straw or fiberglass or wood lathe lattice made of materials which are one-half (1/2) inch or less in width shall be prohibited. (5)Exposed piping, except for plumbing vents above the roof, shall be noncombustible as defined in the California Building Code. (6) A fire hydrant capable of providing the minimum fire flow as required in California Fire Code Appendix B, with two two -and -a -half (2 '/2) inch hose connections and one four (4) inch hose connection shall be available within 600 feet of any portion of the structure.
(7)All fences required adjacent to fuel modification areas or wildland areas as conditions of approval for a development project shall be constructed of noncombustible materials as defined in the California Building Code. All other fences, including those on the interior of such development project, are not subject to this requirement.
(8) Private driveways or access roadways for residential units shall not exceed one hundred fifty (150) feet in length, unless approved by the fire authority pursuant to Section 503; and Appendix D of the California Fire Code.
(9) Roof coverings shall be either non-combustible or shall be fire retardant material not composed of organic fiber with minimum Class A rating, as defined in the California Building Code.
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(10) Unenclosed or project roof -ceiling or roof -ceiling assemblies which contain concealed space shall have the ceiling protected on the exposed surface with materials approved for one hour construction. b. Project Design Requirements
(1) Every development project application submitted to the Community Development Department shall be reviewed by Community Development Department staff through a pre application conference with the project proponent prior to the acceptance of the application for filing. (2) A slope analysis shall be filed with all development project land use applications. The slope analysis shall include the following information:
(a) A topographic map of the proposed project area and all adjoining properties within one hundred fifty (150) feet at a scale of not less than one (1) inch to two hundred (200) feet. The counter interval shall not be more than two (2) feet except that the contour interval may be five (5) feet if the general natural ungraded slope is more than ten percent (10%). Contour lines are to be obtained by aerial or field survey, done under the supervision of a licensed Land Surveyor, or Registered Engineer.
(b) The natural, ungraded slope categories to be computed are zero percent (0%) to less than fifteen percent (15%), fifteen percent (15%) to less than thirty percent (30%), thirty percent (30%) to less than forty percent (40%), and forty percent (40%) or greater. (c)The area, in acres, shall be tabulated for each category. (3) A preliminary grading plan shall be filled with all development project land use applications, except that preliminary grading plan requirements may be waived by the Community Development Director if it is determined through the required pre -application conference that such requirements are unnecessary due to site specific soils, topographic or other physical conditions, or due to the specific design of the project. The preliminary grading plan shall include the following:
(a) A topographic map of the proposed project area and all adjoining properties within one hundred fifty (150) feet at a scale of not less than one (1) inch to two hundred (200) feet. The contour interval shall not be more than two (2) feet except that the contour interval may be five (5) feet if the natural ungraded slope is more than ten percent (10%). Contour lines to be obtained by aerial or field survey, done under the supervision of a licensed Land Surveyor, or Registered Engineer.
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(b) Contours of the finished graded slope shall be shown at intervals similar to that on the topographic base map.
(d) Street grades, slope ratios, flow lines, pad elevations, maximum elevation of top and minimum elevation of toe of finished slopes over five (5) feet in vertical height, the maximum heights of those slopes approximate total cubic yards of cut and fill shall be shown on the preliminary grading plan.
(e) Compliance with Appendix J of the current edition of the California Building Code, as adopted by the City of Yucaipa, is required.
(f) In the event no such grading is proposed, a statement to that effect shall be placed on the required topographic map described in Subsection 2(a) above and this map shall delineate the boundary of an adequately sized building pad, driveway and septic system (if proposed) for each parcel proposed.
(4) Perimeter Access to Fuel Modified and Fire Hazard Areas. (a) Standards
Development projects shall provide for adequate vehicular access for fire fighting vehicles to the development perimeter of the project along the portion of the development perimeter that is adjacent to either an existing or proposed fuel modified area or a fire hazard area. Provisions shall be made and shall be required, where necessary, through conditions of, development project approval for the continual maintenance of the areas intended to provide such access. Perimeter access shall be provided, either through one of the following two measures or through the alternate measures cited in this Section:
(i) The provision of an existing or proposed road along the development perimeter, or portion thereof that is exposed to a fire hazard or fuel modified area, and which is accessible to firefighting equipment. Such a road shall be capable of supporting firefighting equipment, shall be at least twenty (20) feet in width and shall not exceed a grade of sixteen percent (16%). The conditions of approval for the
development project shall require provisions to ensure that the roadway will be maintained if it is not within the publicly maintained road system.
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(5)
(ii) Development projects shall provide access ways, at least fourteen 14 feet in width, with a grade not to exceed sixteen percent (16%) and capable of supporting fire fighting
vehicles, between the development perimeter and proposed or existing streets. Access ways shall be spaced at intervals of no more than an average of three hundred fifty (350) feet along each street. The conditions of approval for the
development project shall require specific provisions to ensure that access ways will remain unobstructed and will be maintained. Where feasible, access ways may not be paved and shall be designed so as not to detract from the visual quality of the project.
(b) Intent of Standards
The intent of the standards described in Subsection 4.b.(6) is to permit fire fighting vehicles to have adequate access into areas between fire hazardous areas or fuel modified areas and the development perimeter, so that a wildland fire can be contained at the development perimeter and prevented from spreading to structures. An additional intent of these standards is to prevent structural development from becoming a barrier between
firefighting equipment and personnel and the development perimeter.
(c) Alternate Measures
Pursuant to Subsection 5 of this Section and dependent upon site specific conditions, alternate measures which meet the intent of the standard in Subsection 4.b.(6)(a) above for providing perimeter access to fuel modified and fire hazard areas may be utilized.
Length of Cul-de-sacs
(a) Standard Cul-de-sacs shall not exceed three hundred fifty (350) feet in length, except that they may be extended as allowed by this subsection.
(b) Exception for parcels of less than five (5) acres in area. Cul-de- sacs may exceed three hundred fifty (350) feet in length but shall not exceed six hundred (600) feet in length if:
(i) Alternate measures are utilized pursuant to the
provisions of Section 19.50 of this Article or;
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(ii) Based upon consideration of the recommendation of
the Fire Authority, the Community Development
Department determines that the cul-de sac is situated and designed such that the parcels taking access from it are not contiguous to or exposed to either undeveloped fuel
modified areas along the development perimeter of the
project or to fire hazard areas, and that the extension of the cul-de sac will not increase the exposure of buildings to wildland fires.
(c) Exception for parcels greater than five (5) acres in area. Cul-de- sacs may exceed six hundred (600) feet in length if all parcels that take access from the cul-de-sac are five (5) acres or greater in area and:
(i) The proposed cul-de-sac is not within or adjacent to areas that are zoned for or subdivided to parcels of five (5) acres or less.
(ii) Alternate measures are utilized pursuant to the
provisions of Subsection 5 of this Section.
(d) Intent of Standard
The intent of limiting cul-de-sac lengths is to limit the exposure of development and human activity to hazardous fire areas where one rather than two points of access are provided, especially when such cul-de-sacs are directly exposed to fire hazard areas. The provision of only one point of access increases exposure to fire and inhibits the fighting of wild land fires due to the following factors:
(i) If the single access point becomes blocked, structures exposed to fire cannot be protected by fire fighting vehicles. (ii) Fire fighting vehicles can be trapped on a cul-de-sac if the single access is blocked.
(iii) In order for fire fighting vehicles to turn around, they usually must travel to the end of the cul-de-sac where
adequate room for turning is available.
(iv) All vehicles evacuating a cul-de-sac during a fire will be traveling in the opposite direction to fire fighting vehicles moving into a cul-de-sac, impeding the ingress of the fire fighting vehicles as well as the egress of the evacuees. 07/28/2025 City Council Agenda
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(v) Development of individual cul-de-sacs which intrude into and are generally surrounded by rugged wild land
terrain have greater exposure to wild land fire because the fire may come from several directions at once.
(e) Alternate Measures
Pursuant to Subsection 5 of this Section and dependent upon site specific conditions, one of the following measures or combinations thereof may be used to mitigate the effect of creating cul-de-sacs up to six hundred (600) feet in length with parcels less than five (5) acres in area:
(i) Limitation of the total number of dwelling units
which have access to the cul-de-sac to no more than fifteen (15), and restriction of further subdivision of parcels and construction of additional independent residential units which have access to the cul-de-sac. Such restrictions shall be imposed through the conditions of approval of the
development project.
(ii) A continuous perimeter access road at least twenty (20) feet in width is provided along the portion of the cul-de- sac exposed to fire hazard or fuel modified areas such that it is drivable under normal conditions by fire fighting vehicles, provides adequate maneuvering space for such vehicles, and is designed such that at least one point of access to the perimeter access road is taken from roads other than the cul- de-sac in question.
(iii) The cul-de-sac road will have a paved width of at least forty (40) feet with posted no parking for its entire length and there is at least one area approximately at the midpoint of the cul-de-sac that serves the same function of a cul-de-sac bulb in allowing fire fighting vehicles adequate room to turn around. This measure may only be utilized if the expansion of the road width will not contribute to slope stability hazards either on or off -site.
(iv) Other alternate measures approved by the
Community Development Department pursuant to
Subsection 5 of this Section.
(6) Alternate Hazard Protection Measures
(a) Applicability
The following provisions shall apply only to the standards and requirements of Subsections 3 .b., regarding building separations;
4.b.(6), regarding perimeter access; and 4.b.(7) regarding length of cul-de-sacs.
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(b) Intent
The intent of this subsection is to allow greater design flexibility than would otherwise be permitted in order to provide a more efficient and effective achievement of the purposes of the Fire Safety Regulations: Design flexibility is provided by allowing the substitution of alternate measures for the established standards or requirements if it is found that they provide the same or a greater level of protection from wildland fires and other natural hazards, and that they will fulfill the same purpose as the established standard or requirements.
(c) Substitution of Alternative Measures for Standards and Requirements
(d)
(1) If alternative measures are proposed, the Fire Department shall determine, with specific consideration of the effect of the proposed alternative measures, whether the proposed development project has adequate provisions for fuel
modification and management, including the ongoing
maintenance of fuel modified areas.
(2) If the Fire Department makes a positive determination pursuant to Subsection 5.c.(1) of this Section, then alternate measures may be substituted for the established standards and requirements if the Community Development
Department with consideration of the recommendation of
the Fire Authority, finds and justifies all of the following:
(a) Alternative measure(s) have been substituted
which meet the intent of and which serve the
same purposed as the established standards or
requirement.
(b) The alternative measure(s) that have been
substituted provide the same or a greater level of
protection or are as effective as the established
standard or requirement.
(c) There are clear and substantial reasons for
utilizing the alternative measure(s) because they
provide for a more efficient and economic use of
the site, or provide for a superior physical design,
and are consistent with the intent of the Fire
Safety (FR) District.
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Section 5. Severability.
If any section, subsection, sentence, clause, or phrase of this ordinance is held invalid or unconstitutional by a court of competent jurisdiction, the remaining portions shall remain in full force and effect. The City Council declares that it would have adopted each provision of this ordinance irrespective of the invalidity of any other provision.
Section 6. Publication.
The City Clerk shall certify to the adoption of this ordinance and cause it to be published or posted in the manner required by law.
Section 7. Effective Date.
This ordinance shall take effect 30 days after passage by the City Council.
PASSED, APPROVED and ADOPTED this day of 2025.
Jon Thorp, Mayor
ATTEST: APPROVED AS TO FORM:
Ana V. Sauseda, MMC Steven Graham Pacifico
Director of General Services/City Clerk City Attorney
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ATTACHMENT 4
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ORDINANCE NO. 459-U
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YUCAIPA,
CALIFORNIA, ADOPTING UPDATED FIRE HAZARD SEVERITY ZONES AS
RECOMMENDED BY THE CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION PURSUANT TO GOVERNMENT CODE SECTION 51178 AND
ASSOCIATED BUILDING CODES, AND DECLARING THE URGENCY THEREOF
THE CITY COUNCIL OF THE CITY OF YUCAIPA, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Findings.
The City Council finds and declares:
A. Under California Government Code § 51178, the Office of the State Fire Marshal (OSFM), a program of the California Department of Forestry and Fire Protection (CAL FIRE), must identify areas in the City of Yucaipa ("City") that constitute Moderate, High, and Very High Fire Hazard Severity Zones (FHSZs).
B. On March 24, 2025, OSFM transmitted to the City an updated map designating proposed FHSZs within the City ("Fire Hazard Severity Zone Map"). The map was posted to the City's website and made available for public review and comment.
C. Government Code § 51179 requires the City to adopt the OSFM-recommended FHSZ map by ordinance and prohibits any reduction in the recommended hazard classifications absent substantial evidentiary findings.
D. Prolonged drought, extreme wind events, and the City's location at the wildland—urban interface create an imminent threat to public health, safety, and welfare. Immediate adoption of the updated map will (1) trigger the wildfire -resistant building and defensible -space standards applicable to Very High FHSZs, (2) preserve the City's eligibility for CAL FIRE and FEMA wildfire -mitigation funding, and (3) assure timely compliance with state law. For these reasons, the City Council finds that an urgency ordinance is necessary for the immediate preservation of public peace, health, and safety, as authorized by Government Code § 36937(b).
Section 2. Environmental Findings.
The City Council, exercising its independent judgment, determines that this ordinance is exempt from the California Environmental Quality Act (CEQA) because the ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment; the ordinance is not a "project" because it merely adopts a state -mandated map without discretionary changes; and the ordinance constitutes an action by a regulatory agency for the protection of the environment. 07/28/2025 City Council Agenda
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Section 3. Adoption of Fire Hazard Severity Zone Map.
The Fire Hazard Severity Zone Map entitled "City of Yucaipa Fire Hazard Severity Zones" attached hereto as Exhibit A, is hereby adopted and designated as the official FHSZ map of the City. The City Clerk and Fire Chief shall maintain the map on file and ensure that a searchable digital copy is posted on the City's website.
Section 4. Section 15.04.115 of Chapter 15.04 of Title 15 of the Yucaipa Municipal Code is hereby amended to read as follows:
"15.04.115 California Fire Code amendments.
Section 503.2.7 of the California Fire Code amended to read as follows:
503.2.7 Grade. The gradient for fire apparatus access road grades shall not exceed the maximum of 102% unless approved by the ChiefCity of Yucaipa. A grade variance and plan review approval for a road, street, private lane or driveway with a slope of 10- 12% may be approved at the discretion of the Yucaipa Fire Marshall. A grade variance and plan review approval for a road, street, private lane or driveway with a slope of 12-16% may be approved at the discretion of the Yucaipa Fire Chief/Fire Code Official.
Section 4901.3 is hereby added to the California Fire Code to read as follows:
4901.3 General. A Fuel Modification Plan, approved by the Chief, may be required for new development within the fire overlay districts. The Fuel Modification Plan shall include mitigation measures consistent with the unique problems resulting from the location, topography, flammable vegetation and climate of the proposed site within the FR1, and FR2 and FR3 Zones. The Fuel Modification Plan shall address water supply, access, building ignition and the fire resistance, fire protection systems and equipment, defensible space and vegetation management. The Fuel Modification Plan shall be consistent with the Interface Code, Appendix TIA and the City of Yucaipa Development Code, or at the option of the Chief, with other nationally recognized standards and good practice.
Section 4905.4 is hereby added to the California Fire Code to read as follows:
4905.5 Construction Within FR-1 and FR-2 and FR-3 Overlay Zones
1. General Provisions
a. The provisions of this section shall apply to all phases of a development project.
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b. A notice of all land use applications and/or development permits that would lead to the construction of structures or the subdivision of land shall be filed with the responsible fire authority by the Community Development Department. c. All proposed land use applications that would lead to the construction or expansion of a structure or the subdivision of land shall be submitted to the responsible fire authority and the appropriate Resource Conservation District Office for review and recommendation. Any recommendations received shall be indicated in any staff report and/or presentation for the proposed development and shall be incorporated into the conditions of approval where possible. d. All proposed development must meet all other applicable standards set forth by the responsible fire authority.
e. When the requirements of the underlying land use district or an applicable specific plan are more restrictive than the provisions of this section, such requirements shall prevail.
f When an addition, alteration, enlargement or reconstruction of a structure equals or exceeds fifty percent (50%) of the existing structure, or twenty-five percent (25%) of the roof for the roofing requirements only, the provisions of the City of Yucaipa Development Code, regarding construction requirements shall apply to the entire structure and/or the whole roof as applicable. Such structures and/or roofs shall be entirely retrofitted to comply with the provisions of this section.
2. Division of Review Areas
The Fire Safety Review Areas, as established by CAL FIRE and adopted by the City of Yucaipa. Each represents a different level of wildland hazard. A different set of requirements is applied in each review area. The provisions for these requirements, are cumulative in that all of the requirements that are specified for Fire Safety Review Area 2 shall also apply to Fire Safety Review Area 1, in addition to those specified for only Fire Safety Review Area 1, and similarly for Fire Safety Review Area 3. a. Fire Safety Review Area 1 (FR1)
Fire Safety Review Area 1 includes wildland areas that are marginally developable, areas which are not likely to be developed, and the area of transition between wildlands and areas that are partially developed or are likely to be developed in the future. The area of transition is often characterized by an abrupt slope change.
Natural hazards are prevalent throughout Area 1, especially in areas with natural ungraded slopes greater than thirty percent (30%). Area 1 includes areas of very high to extreme fire hazard.
b. Fire Safety Review Area 2 (FR2)
Land within Area 2 is relatively flat, and is either partially or completely developed, or, if it is not developed, is usually suitable for development. Present and future 07/28/2025 City Council Agenda
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development within Area 2 is exposed to the impacts of wild land fires and other natural hazards primarily due to its proximity to Area 1. c. Fire Safety Review Area 3 (FR3)
Land within Area 3 provides for the transition from the wildlands areas of FR1 and FR2 to the developed portions of the City and this Area is often developed.
Present and future development within Area 3 is exposed to the impacts of wildland fires and other natural hazards that would come from Area 1 and extend past Area 2.
3. Area FR1, and FR2 and FR3 Requirements
a. Construction Requirements
(1) Roof coverings shall be either non-combustible or fire retardant with a minimum Class A rating, as defined in the California Building Code. Wood shake or shingle roof coverings are not permitted.
(2) Every chimney used in conjunction with any fireplace or any heating appliance in which solid or liquid fuel is used, shall be maintained with a spark arrester. An approved spark arrester shall mean a device constructed of stainless steel, copper or brass, woven galvanized wire mesh, twelve (12) gauge minimum of three -eights (3/8) inch minimum to one-half (1/2) inch maximum openings, mounted in or overall outside flue openings in a vertical and near vertical position, adequately supported to prevent movement and visible from the ground.
(3)Louvers, ventilators, or openings in walls, roofs, attics, and under floor areas having headroom less than four (4) feet in height which are not fitted with sash or doors, shall be covered with wire screen. The screen covering such openings shall be of galvanized metal or copper and shall have a maximum mesh of one -quarter (1/4) inch.
(4)Eave-type attic ventilators are prohibited.
(5) The space between rafters at exterior walls shall be solidly filled with tight -fitting wood blocks at least one and one-half (1-1/2) inches thick. (6) Fuel tanks (e.g., liquefied petroleum tanks) shall be located at least ten (10) feet away from any structure and in accordance with the California Fire Code.
(7) All non -accessory buildings shall have reflective and noncombustible building address numbers with at least three inch (3") high lettering visible from the road on which the structure fronts.
(8) All buildings on lots created after the effective date of this section shall be set back at least thirty feet (30') from the boundary of the San Bernardino National Forest.
(9) Structures in areas with slopes exceeding thirty percent (30%) and thirty feet (30') in height shall comply with the following:
(a) Where structures are proposed or within two hundred (200) feet of slopes that are greater than thirty percent (30%) prior to grading and where such slopes are at least thirty (30) feet in height, the 07/28/2025 City Council Agenda
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vegetation on such slopes shall be treated in such a manner that it becomes a fuel modified area. Such fuel modified area shall be maintained for either the entire slope, or one hundred (100) feet, or to the property line, whichever distance is less.
(b) Where grading is utilized which does not conform to the natural slope and the graded area is adjacent to natural ungraded slopes which are greater than thirty percent (30%) and which are greater than thirty (30) feet in height, structures shall be set back at least thirty (30) feet from the edge(s) of the graded area adjacent to such natural ungraded slopes.
(10) All areas used for the storage of firewood, or other flammable materials shall either be at least thirty (30) feet away from all structures, or wholly enclosed within a structure.
(11) Fire hydrants shall be identified by a method specified by the Fire Authority.
(12) There shall be vehicular access, at least twelve (12) feet in width, to within at least ten (10) feet of any static water source including ponds, lakes, swimming pools, reservoirs and water storage tanks. Access shall be either to a plumbed outlet with two and one-half (2-1/2) inch National Hose Thread Fitting or directly to the source. This requirement shall be waived if the fire authority determines that the water source is sufficiently below the elevation of existing or proposed roads or driveways to make drafting of water from the source through a plumbed outlet infeasible, and that direct vehicular access to the water source would require an impractical extension of a road or driveway.
b. Building Separations
(1) Building Separation Standards
(a) All buildings on parcels created after the effective date of this section and all other parcels with lot widths sixty (60) feet of greater shall have exterior wall separations of at least thirty (30) feet. (b) All buildings on parcels created prior to the effective date of this section with lot widths less than sixty (60) feet shall have interior side yards which shall not be less than five (5) feet and need not exceed fifteen (15) feet. In no case shall exterior wall separations be less than ten (10) feet for all buildings, including those on adjoining parcels.
(c) When exterior walls of residential and accessory buildings or portions thereof are within fifteen (15) feet of interior side or rear lot lines, or the exterior wall separation is less than thirty (30) feet, the following shall apply:
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(i) The outside of all such exterior walls or portions
thereof shall be covered with materials which are approved for exterior locations and are of fire resistive construction as defined in the California Building Code.
(ii) All exterior doors made of wood or wood portions
shall be solid core wood, and
(iii) Windows, skylights, sliding glass doors or glass
inserts in doors shall be constructed of approved tempered dual -pane glass.
(2) Intent of Standards
The intent of the exterior wall separation standards is to reduce the exposure and risk from adjacent structural fires and to reduce the potential spread of fire from structure to structure.
(3) Alternate Measures (Exterior Wall Separation)
Pursuant to Subsection 5, of this section and dependent upon site specific conditions, the following measures or combinations thereof may be substituted for the exterior walls separation requirements specified for all buildings in Subsection b.(1)(a) above; provided, that in no case shall such exterior wall separations be less than ten (10) feet:
(a) The expansion of fuel modified areas around the
development perimeter of the development project beyond that required through the provisions of this section or other parts of this Title.
(b) A substantial transfer of density from steeper slopes, including areas with slopes less than thirty percent (30%) if they exist on site, to less steep areas within the development project. (c) Clustering of structures away from the development
perimeter and away from fire hazardous areas. When this alternative is utilized, multi -residential dwelling units shall be located as far as practical from fuel modified areas and fire hazardous areas. (d) The provision of more fire resistive construction standards than normally required through the provisions of the Fire Safety (FR) District and otherwise required through the California Building Code or California Fire Code.
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(e) Other alternate measures if approved by the Community Development Department pursuant to the provisions of Subsection 5 of this Section.
c. Project Design Requirements
(1) All development projects and each phase thereof, except for a development project located exclusively on a cul-de-sac, shall have a minimum of two (2) points of vehicular ingress and egress, designed to City roadway standards, with a minimum width of twenty-four 24 feet of all- weather surface as defined in the California Fire Code, from existing and surrounding streets. One such point of vehicular access may be an emergency access route with an all-weather surface if the Community Development Department makes and justifies all of the following findings:
(a) Two points of non -emergency access are physically
infeasible.
(b) Provisions have been made to reasonably ensure that the emergency access will be maintained.
(c) Based on the review and consideration of the Fire Authority's recommendation, the emergency access route will provide adequate vehicular ingress and egress during emergencies.
(2) All development projects shall provide eight (8) inch or larger circulating (loop) water mains as required by the California Fire Code, proper hydrant location and spacing, and have sufficient water storage capacity to provide the minimum fire flow duration requirements (gallons per minute (GPM) for a minimum number of hours or portions thereof) as specified by the minimum system standards established by the Fire Authority. Circulating (loop) mains are not required for cul-de-sacs and are not required for subdivisions that exclusively take all access from cul-de- sacs. In areas not served by water purveyors, on -site fire flow and water storage requirements will be as specified by the California Fire Code. (3) All public or private streets within or bordering a development project shall have noncombustible and reflective street name signs designed to City standards and visible at all street intersections. (4) Fuel Modification Areas
(a) A permanent fuel modification area may be required around development projects of portions thereof that are adjacent or exposed to hazardous fire areas for the purpose of fire protection.
The recommended width of the fuel modification area shall be 07/28/2025 City Council Agenda
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determined by the responsible Fire Authority in conjunction with the Fire Department, but in no case shall it be less than the lot line one hundred (100) feet in width as measured from the development structure(s) perimeter. The width of the fuel modification area shall be determined based upon:
(1)The natural ungraded slope of the land within the project and in the areas adjacent to the project;
(2)Fuel loading;
(3) Access to the project and access directly to the fuel modified area;
(4) The on -site availability of water that can be used for firefighting purposes;
(5) Adequate provisions shall be made for the continual maintenance of such areas, and, where feasible, such areas shall be designated as common open space rather than
private open space;
(6) Fuel modification areas shall also incorporate soil erosion and sediment control measures to alleviate
permanent scarring and accelerated erosion.
(b) When development projects are phased, individual phases may be required to provide temporary fuel modification areas, where the development perimeter of a phase is contiguous to a subsequent phase of a project, which in its undeveloped state is a hazardous fire area. The need for a temporary fuel modification area shall be determined by the responsible fire authority in conjunction with the Fire Department and shall be based upon the same consideration described in Subsection c.(4)(a) of this Section for permanent fuel modification areas.
(c) Erosion and Sediment Control
All development projects, building permits, grading and any other significant land disturbing activity shall install erosion control measures in compliance with the provisions established by Title 16, Land Use and Development of the Highland Municipal Code for such erosion control measures.
4. Additional Area 1 (FR1) Requirements
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The following requirements apply only to Area 1, in addition to those specified for both Areas 1, and 2 and 3.
a. Construction Requirements
(1) The outside of all exterior walls shall be covered with materials which are approved for exterior locations and listed as one (1) hour fire resistive construction as defined in the California Building Code. All exterior doors made of wood or wood portions shall be solid core wood. A standard hose bib shall be provided along the exterior of the building. (2) All windows, skylights, sliding glass doors or glass inserts in doors shall be constructed of approved tempered dual -pane glass.
(3) Cantilevered or standard type decks shall be constructed with:
(a) A minimum of at least one and one-half (1-1/2) inch wood decking; and/or
(b) Protected on the underside with materials approved for one (1) hour fire -resistive construction; and/or
(c) Be of noncombustible materials, as defined in the California Building Code.
(4) Patio covers attached or within ten (10) feet of a residential structure with plastic, bamboo, straw or fiberglass or wood lathe lattice made of materials which are one-half (1/2) inch or less in width shall be prohibited. (5)Exposed piping, except for plumbing vents above the roof, shall be noncombustible as defined in the California Building Code. (6) A fire hydrant capable of providing the minimum fire flow as required in California Fire Code Appendix B, with two two -and -a -half (2 1/2) inch hose connections and one four (4) inch hose connection shall be available within 600 feet of any portion of the structure.
(7)All fences required adjacent to fuel modification areas or wildland areas as conditions of approval for a development project shall be constructed of noncombustible materials as defined in the California Building Code. All other fences, including those on the interior of such development project, are not subject to this requirement.
(8) Private driveways or access roadways for residential units shall not exceed one hundred fifty (150) feet in length, unless approved by the fire 07/28/2025 City Council Agenda
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authority pursuant to Section 503; and Appendix D of the California Fire Code.
(9) Roof coverings shall be either non-combustible or shall be fire retardant material not composed of organic fiber with minimum Class A rating, as defined in the California Building Code.
(10) Unenclosed or project roof -ceiling or roof -ceiling assemblies which contain concealed space shall have the ceiling protected on the exposed surface with materials approved for one hour construction. b. Project Design Requirements
(1) Every development project application submitted to the Community Development Department shall be reviewed by Community Development Department staff through a pre application conference with the project proponent prior to the acceptance of the application for filing. (2) A slope analysis shall be filed with all development project land use applications. The slope analysis shall include the following information:
(a) A topographic map of the proposed project area and all adjoining properties within one hundred fifty (150) feet at a scale of not less than one (1) inch to two hundred (200) feet. The counter interval shall not be more than two (2) feet except that the contour interval may be five (5) feet if the general natural ungraded slope is more than ten percent (10%). Contour lines are to be obtained by aerial or field survey, done under the supervision of a licensed Land Surveyor, or Registered Engineer.
(b) The natural, ungraded slope categories to be computed are zero percent (0%) to less than fifteen percent (15%), fifteen percent (15%) to less than thirty percent (30%), thirty percent (30%) to less than forty percent (40%), and forty percent (40%) or greater. (c)The area, in acres, shall be tabulated for each category. (3) A preliminary grading plan shall be filled with all development project land use applications, except that preliminary grading plan requirements may be waived by the Community Development Director if it is determined through the required pre -application conference that such requirements are unnecessary due to site specific soils, topographic or other physical conditions, or due to the specific design of the project. The preliminary grading plan shall include the following:
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(a) A topographic map of the proposed project area and all adjoining properties within one hundred fifty (150) feet at a scale of not less than one (1) inch to two hundred (200) feet. The contour interval shall not be more than two (2) feet except that the contour interval may be five (5) feet if the natural ungraded slope is more than ten percent (10%). Contour lines to be obtained by aerial or field survey, done under the supervision of a licensed Land Surveyor, or Registered Engineer.
(b) Contours of the finished graded slope shall be shown at intervals similar to that on the topographic base map.
(d) Street grades, slope ratios, flow lines, pad elevations, maximum elevation of top and minimum elevation of toe of finished slopes over five (5) feet in vertical height, the maximum heights of those slopes approximate total cubic yards of cut and fill shall be shown on the preliminary grading plan.
(e) Compliance with Appendix J of the current edition of the California Building Code, as adopted by the City of Yucaipa, is required.
(f) In the event no such grading is proposed, a statement to that effect shall be placed on the required topographic map described in Subsection 2(a) above and this map shall delineate the boundary of an adequately sized building pad, driveway and septic system (if proposed) for each parcel proposed.
(4) Perimeter Access to Fuel Modified and Fire Hazard Areas. (a) Standards
Development projects shall provide for adequate vehicular access for fire fighting vehicles to the development perimeter of the project along the portion of the development perimeter that is adjacent to either an existing or proposed fuel modified area or a fire hazard area. Provisions shall be made and shall be required, where necessary, through conditions of, development project approval for the continual maintenance of the areas intended to provide such access. Perimeter access shall be provided, either through one of the following two measures or through the alternate measures cited in this Section:
(i) The provision of an existing or proposed road along the development perimeter, or portion thereof that is exposed to a fire hazard or fuel modified area, and which is accessible 07/28/2025 City Council Agenda
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(5)
to firefighting equipment. Such a road shall be capable of supporting firefighting equipment, shall be at least twenty (20) feet in width and shall not exceed a grade of sixteen percent (16%). The conditions of approval for the
development project shall require provisions to ensure that the roadway will be maintained if it is not within the publicly maintained road system.
(ii) Development projects shall provide access ways, at least fourteen 14 feet in width, with a grade not to exceed sixteen percent (16%) and capable of supporting fire fighting
vehicles, between the development perimeter and proposed or existing streets. Access ways shall be spaced at intervals of no more than an average of three hundred fifty (350) feet along each street. The conditions of approval for the
development project shall require specific provisions to ensure that access ways will remain unobstructed and will be maintained. Where feasible, access ways may not be paved and shall be designed so as not to detract from the visual quality of the project.
(b) Intent of Standards
The intent of the standards described in Subsection 4.b.(6) is to permit fire fighting vehicles to have adequate access into areas between fire hazardous areas or fuel modified areas and the development perimeter, so that a wildland fire can be contained at the development perimeter and prevented from spreading to structures. An additional intent of these standards is to prevent structural development from becoming a barrier between
firefighting equipment and personnel and the development perimeter.
(c) Alternate Measures
Pursuant to Subsection 5 of this Section and dependent upon site specific conditions, alternate measures which meet the intent of the standard in Subsection 4.b.(6)(a) above for providing perimeter access to fuel modified and fire hazard areas may be utilized.
Length of Cul-de-sacs
(a) Standard Cul-de-sacs shall not exceed three hundred fifty (350) feet in length, except that they may be extended as allowed by this subsection.
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(b) Exception for parcels of less than five (5) acres in area. Cul-de- sacs may exceed three hundred fifty (350) feet in length but shall not exceed six hundred (600) feet in length if:
(i) Alternate measures are utilized pursuant to the
provisions of Section 19.50 of this Article or;
(ii) Based upon consideration of the recommendation of
the Fire Authority, the Community Development
Department determines that the cul-de sac is situated and designed such that the parcels taking access from it are not contiguous to or exposed to either undeveloped fuel
modified areas along the development perimeter of the
project or to fire hazard areas, and that the extension of the cul-de sac will not increase the exposure of buildings to wildland fires.
(c) Exception for parcels greater than five (5) acres in area. Cul-de- sacs may exceed six hundred (600) feet in length if all parcels that take access from the cul-de-sac are five (5) acres or greater in area and:
(i) The proposed cul-de-sac is not within or adjacent to areas that are zoned for or subdivided to parcels of five (5) acres or less.
(ii) Alternate measures are utilized pursuant to the
provisions of Subsection 5 of this Section.
(d) Intent of Standard
The intent of limiting cul-de-sac lengths is to limit the exposure of development and human activity to hazardous fire areas where one rather than two points of access are provided, especially when such cul-de-sacs are directly exposed to fire hazard areas. The provision of only one point of access increases exposure to fire and inhibits the fighting of wild land fires due to the following factors:
(i) If the single access point becomes blocked, structures exposed to fire cannot be protected by fire fighting vehicles. (ii) Fire fighting vehicles can be trapped on a cul-de-sac if the single access is blocked.
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(iii) In order for fire fighting vehicles to turn around, they usually must travel to the end of the cul-de-sac where
adequate room for turning is available.
(iv) All vehicles evacuating a cul-de-sac during a fire will be traveling in the opposite direction to fire fighting vehicles moving into a cul-de-sac, impeding the ingress of the fire fighting vehicles as well as the egress of the evacuees. (v) Development of individual cul-de-sacs which intrude into and are generally surrounded by rugged wild land
terrain have greater exposure to wild land fire because the fire may come from several directions at once.
(e) Alternate Measures
Pursuant to Subsection 5 of this Section and dependent upon site specific conditions, one of the following measures or combinations thereof may be used to mitigate the effect of creating cul-de-sacs up to six hundred (600) feet in length with parcels less than five (5) acres in area:
(i) Limitation of the total number of dwelling units
which have access to the cul-de-sac to no more than fifteen (15), and restriction of further subdivision of parcels and construction of additional independent residential units which have access to the cul-de-sac. Such restrictions shall be imposed through the conditions of approval of the
development project.
(ii) A continuous perimeter access road at least twenty (20) feet in width is provided along the portion of the cul-de- sac exposed to fire hazard or fuel modified areas such that it is drivable under normal conditions by fire fighting vehicles, provides adequate maneuvering space for such vehicles, and is designed such that at least one point of access to the perimeter access road is taken from roads other than the cul- de-sac in question.
(iii) The cul-de-sac road will have a paved width of at least forty (40) feet with posted no parking for its entire length and there is at least one area approximately at the midpoint of the cul-de-sac that serves the same function of a cul-de-sac bulb in allowing fire fighting vehicles adequate room to turn around. This measure may only be utilized if the expansion of the road width will not contribute to slope stability hazards either on or off -site.
(iv) Other alternate measures approved by the
Community Development Department pursuant to
Subsection 5 of this Section.
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(6) Alternate Hazard Protection Measures
(a) Applicability
The following provisions shall apply only to the standards and requirements of Subsections 3 .b., regarding building separations;
4.b.(6), regarding perimeter access; and 4.b.(7) regarding length of cul-de-sacs.
(b) Intent
The intent of this subsection is to allow greater design flexibility than would otherwise be permitted in order to provide a more efficient and effective achievement of the purposes of the Fire Safety Regulations: Design flexibility is provided by allowing the substitution of alternate measures for the established standards or requirements if it is found that they provide the same or a greater level of protection from wildland fires and other natural hazards, and that they will fulfill the same purpose as the established standard or requirements.
(c) Substitution of Alternative Measures for Standards and Requirements
(d)
(1) If alternative measures are proposed, the Fire Department shall determine, with specific consideration of the effect of the proposed alternative measures, whether the proposed development project has adequate provisions for fuel
modification and management, including the ongoing
maintenance of fuel modified areas.
(2) If the Fire Department makes a positive determination pursuant to Subsection 5.c.(1) of this Section, then alternate measures may be substituted for the established standards and requirements if the Community Development
Department with consideration of the recommendation of
the Fire Authority, finds and justifies all of the following:
(a) Alternative measure(s) have been substituted
which meet the intent of and which serve the
same purposed as the established standards or
requirement.
(b) The alternative measure(s) that have been
substituted provide the same or a greater level of
protection or are as effective as the established
standard or requirement.
(c) There are clear and substantial reasons for
utilizing the alternative measure(s) because they
provide for a more efficient and economic use of
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the site, or provide for a superior physical design,
and are consistent with the intent of the Fire
Safety (FR) District.
Section 5. Severability.
If any section, subsection, sentence, clause, or phrase of this ordinance is held invalid or unconstitutional by a court of competent jurisdiction, the remaining portions shall remain in full force and effect. The City Council declares that it would have adopted each provision of this ordinance irrespective of the invalidity of any other provision.
Section 6. Publication.
The City Clerk shall certify to the adoption of this ordinance and cause it to be published or posted in the manner required by law.
Section 7. Urgency Declaration; Effective Date.
This ordinance is declared to be an urgency measure necessary for the immediate preservation of the public peace, health, and safety for the reasons set forth in Section 1.D. This ordinance shall take effect immediately upon its adoption by a four -fifths (4/5) vote of the City Council.
PASSED, APPROVED and ADOPTED this 28th day of July, 2025.
Jon Thorp, Mayor
ATTEST: APPROVED AS TO FORM:
Ana Sauseda, MMC Steven Graham Pacifico
Director of General Services/City Clerk City Attorney
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AGENDA REPORT
July 28, 2025
Honorable Mayor and City Council
Item No. 21
DATE:
TO:
FROM: Fermin Preciado, Director of Development Services/City Engineer Ana V. Sauseda, Director of General ervices/City Clerk 4X5' Phillip White, Director of Finance
SUBJECT: Ordering Confirmation of Annual Assessments for the City of Yucaipa Landscaping and Lighting Maintenance District No. 1
RECOMMENDATION:
That the City Council:
1. Conduct a Public Hearing and subsequently adopt Resolution 2025-14, Ordering Confirmation of Assessment for City of Yucaipa Landscaping and Lighting Maintenance District No. 1; and
2. Approve the application of 2.5% rate adjustments to LLMD Zones A and F through R and 5% rate adjustments to LLMD Zones B and S through DDD; and
3. Approve the credit of funds as an offset against the 2025-2026 assessments for Zones A95, B95, F97, J98, K98, M98, P99, T01, VO1, WO1, X01, Y, BB, GG, HH, II, LL, NN, 00, PP, RR, WW, YY, ZZ, BBB, CCC, and DDD in the total amount of $232,672.
BACKGROUND/DISCUSSION:
To guarantee funds for the ongoing maintenance and servicing of specified improvements within the public right-of-way and dedicated easements in new developments in the City of Yucaipa, the City Council formed the City of Yucaipa Landscaping and Lighting Maintenance District No. 1 (District).
The improvements that may be maintained by the District utilizing the direct benefit assessments include:
➢ Landscaping within public rights -of -way, parkways and designated easements; ➢ Public lighting facilities to provide street lighting in public rights -of -way and easements; ➢ Drainage Facilities;
➢ Other infrastructure in public rights -of -way and designated easements that provide special benefits for homeowners within the District.
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Since the formation of the District, all tracts and parcel maps that create drainage facilities, streetlights, landscaped maintenance areas, and/or other infrastructure have been required to annex to this District as separate zones.
There are currently 58 zones located within the District. Of the 58 zones, 53 are active or currently under development, five are inactive, have not completed the annexation process, or have a dormancy clause in place. For more specific information regarding the District and its active zones, please refer to the Annual Engineer's Report for Fiscal Year 2025-2026 (Attachment 2). On June 9, 2025, the City Council adopted Resolution No. 2025-13, providing notice of intention to set a time and place for a Public Hearing to be conducted on July 28, 2025, at 6:00 p.m., regarding the levy of the annual assessments for the LLMD. A public notice was published in the Yucaipa News - Mirror on Friday, June 13, 2025 (Attachment 3).
District assessments are renewed annually. During the renewal process, City Council reviews the proposed costs for each zone, and the reserves available for the ensuing fiscal year, and will consider those accumulated reserves in setting the actual annual assessment. The maximum assessment amount has been determined for each zone based upon the adoption of the original Engineer's Report for each zone. The maximum annual assessment may be reduced by the amount applied from surplus reserves by way of a credit, as determined by the City Council, subject to the LLMD Funding Policy.
Calculation of Annual Increases
For zones annexed prior to the passage of Proposition No. 218, no Consumer Price Index (CPI) factor may be applied. This includes Zones C96, D96 and E96. For zones to be assessed for the first time, no CPI factor will be applied to the amounts included in the original Engineer's Report.
For Zone B95 and Zones SOO through FFF, the original Engineer's Report allowed the annual assessments to be increased by the amount of the change in the CPI or 5%, whichever is greater.
Remaining consistent with the LLMD Funding Policy, which states the annual assessment shall always be calculated at the maximum amount allowed pursuant to the original Engineer's Report for each zone, and with the exclusion of zones being assessed for the first time, the amount of 5% has been applied to these zones.
For other zones, the maximum assessment amount may be increased annually by the change in the Consumer Price Index (CPI) for the Riverside -San Bernardino -Ontario CBSA. The 12-month change in the CPI as of March 2025 was 2.5% (Attachment 4).
All active zones are scheduled for assessment during Fiscal Year 2025-2026 (FY26). Attachment 5 is a table indicating the types of services rendered and the maximum amount that may be assessed for each zone.
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Several zones have developed a fund balance due to: 1) the original developer electing to continue maintaining the landscaping maintenance areas for "marketing purposes," or 2) the developer electing not to complete the installation of landscaping, lighting, drainage and/or other infrastructure facilities after the zone had been annexed by the District, or 3) the collection of initial assessments preceded the full allocation of costs.
Because of the surplus fund position in some of the zones, a LLMD Administrative Funding Policy was established in July of 2008 to outline procedures by which surplus funds, if any, are to be calculated and credited to property owners. Due to the limitations imposed as a result of Proposition 218 pursuant to the Funding Policy, surplus funds will be credited against the annual assessment in lieu of a refund.
There are many considerations to make when determining the appropriate amount of credit to be applied to the annual assessments. These considerations include, but may not be limited to: 1) an evaluation of the ongoing fiscal sustainability of a particular zone, 2) the appropriate level of funds as a reservation for capital replacement, 3) the desire to maintain rate stabilization and minimize significant rate fluctuations upon the elimination of surplus funds, and 4) the restrictions applied to financing districts pursuant to Proposition 218. The Administrative Funding Policy outlines the criteria to be applied when evaluating surplus accounts. Pursuant to the Administrative Funding Policy, credits have been calculated based upon the following criteria:
1. Estimated annual beginning fund balance shall be greater than two times the annual maximum assessment, with a minimum reserve threshold of $1,000.
2. The amount of surplus funds credited in any given year shall not exceed 25% of the annual maximum assessment, in order to promote rate stabilization.
3. Surplus funds will be credited to the property owners only if the estimated annual revenues are expected to exceed the annual estimated expenses in the ensuing fiscal year, regardless of the balance of reserves accumulated.
General Discussion
The attached zone chart (Attachment 5) identifies the maximum assessment amount by zone and the recommended credit amounts, as appropriate.
For all of the zones, costs are being reviewed to ensure that revenues remain sufficient to cover expenses and to ensure sustainability. Staff reviews utility charges to ensure that charges are being appropriately allocated to the proper zones. This review will continue, as necessary, in an ongoing effort to ensure charges remain appropriate.
In addition to the items mentioned above, staff continues to work on solutions to reduce costs, where appropriate, by:
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1. Evaluating the water management system to manage water usage with greater efficiency and better monitoring of the irrigation system to isolate leaks immediately.
2. Connecting to non -potable water where available in order to conserve water and save money.
3. Converting to more water efficient irrigation systems.
4. Recommending the replacement of certain plant material to address drought conditions, as appropriate.
The City Council can modify the assessment prior to certifying it to the County of San Bernardino for addition to the FY26 property tax roll as a special assessment. The estimated costs for maintenance of landscaping and drainage facilities, as well as street light energy charges for FY26, per zone, are shown in Section 2 in the Annual Engineer's Report, attached. Also attached is the actual assessment roll by zone, with credits for the return of surplus funds applied, as appropriate (Attachment 5).
FISCAL IMPACT:
The application of assessments provides a financial mechanism to maintain landscaping and lighting for properties located within the District. All of the assessments collected are deposited into a Special Revenue Fund designated specifically for recovering the costs of eligible expenses incurred for each zone. The total amount to be collected for FY26, net of credits, is estimated to be $1,004,542. County processing fees of $0.30 will also be applied per parcel, bringing the aggregate total amount assessed to $1,005,064.
There are no further fiscal impacts as a result of this item.
Attachment(s):
1. Resolution No. 2025-14
2. Annual Engineer's Report
3. Notice of Public Hearing
4. March 2025 Consumer Price Index
5. Zone Chart
The Assessment Roll is available in digital format from the offices of the City Clerk and City Engineer upon request.
Approved by:
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ATTACHMENT 1
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RESOLUTION NO. 2025-14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUCAIPA,
CALIFORNIA, ORDERING CONFIRMATION OF ANNUAL
ASSESSMENTS FOR CITY OF YUCAIPA LANDSCAPING AND
LIGHTING MAINTENANCE DISTRICT NO. 1, PURSUANT TO
PROVISIONS OF THE LANDSCAPING AND LIGHTING ACT OF 1972
(STREETS AND HIGHWAYS CODE, SECTION 22500 ET SEQ.) TO LEVY AND COLLECT ASSESSMENTS FOR FISCAL YEAR 2025-2026
THE CITY COUNCIL OF THE CITY OF YUCAIPA HEREBY RESOLVES AS FOLLOWS:
Section 1.
Section 2.
Section 3.
Section 4.
The public interest and convenience requires and it is the intention of the City Council of the City of Yucaipa, California, to order the following work to be done:
Maintenance, servicing and reimbursement for energy charges for Landscaping and Lighting associated with Zones A95, B95, C96, D96, E96, F97, G98, H98, I98, J98, K98, L98, M98, N98, 098, P99, Q99, R99, TO1, U01, VO1, WO1, X01, Y, Z, AA, BB, CC, DD, EE, FF, GG, HH, II, JJ, KK, LL, MM, NN, 00, PP, RR, SS, TT, VV, WW, YY, ZZ, BBB, CCC, DDD, EEE, and FFF of Landscaping and Lighting Maintenance District No. 1.
Any and all work and materials appurtenant thereto or which are necessary or convenient for the maintenance and servicing thereof
That foregoing work is to be located within the areas described in the Engineer's Reports for Zones A95, B95, C96, D96, E96, F97, G98, H98, I98, J98, K98, L98, M98, N98, 098, P99, Q99, R99, T01, U01, V01, WO1, X01, Y, Z, AA, BB, CC, DD, EE, FF, GG, HH, II, JJ, KK, LL, MM, NN, 00, PP, RR, SS, TT, VV, WW, YY, ZZ, BBB, CCC, DDD, EEE, and FFF.
That Engineer's Reports prepared at the time of annexation of the zones into Landscaping and Lighting Maintenance District No. 1 have been reviewed, adjusted and recommended for approval by the City Engineer. A copy of the Engineer's Report has been placed on file in the Office of the City Clerk of the City of Yucaipa. Reference to said report is hereby made for all particulars for the amount and extent of the assessments and for the extent of the work.
The assessment shall be collected at the time and in the same manner as County taxes are collected. The Engineer shall file a report annually with the City Council of the City of Yucaipa which will annually conduct a hearing upon said report at a regularly scheduled City Council meeting, at which time assessments for the next fiscal year will be determined. Any unspent funds remaining at the end of any fiscal year remain in the fund, encumbered by zone, to be spent in future years. 07/28/2025 City Council Agenda
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Section 5.
Section 6.
The public hearing for Fiscal Year 2025-2026 assessments was held on the 28th day of July 2025, at the hour of 6:00 p.m., in the City Council Chambers at 34272 Yucaipa Boulevard, in the City of Yucaipa, and any persons having any objections to the work or extent of the assessment district had an opportunity to appear and show cause why said work should not be done or carried out and said assessment levied.
All work herein proposed shall be done and carried out pursuant to an act of the legislature of the State of California designated the Landscaping and Lighting Act of 1972, being Division 15 of the Streets and Highways Code of the State of California.
Section 7. The published notice was made at least 10 days prior to the date of hearing.
Section 8. That the annual assessment roll for the Yucaipa Landscaping and Lighting Maintenance District for fiscal year 2025-2026 shall be set at an aggregate amount of $1,005,063.30, including a $0.30 per parcel County processing fee.
Section 9.
Section 10.
The San Bernardino Auditor- Controller/Treasurer/ Tax Collector is directed to place the Direct Charge levies on the FY25/26 tax roll, including a $0.30 per parcel County processing fee with no maximum charge limit per parcel.
This legislative body hereby certifies that the levy of the special tax was authorized in accordance with the provision of the Landscaping and Lighting Act of 1972 (Streets and Highways Code Sections 22500 — 22679) specifically Streets and Highways Code §§ 22631 and 22646. The City Council hereby directs the San Bernardino County Auditor Controller/Tax Collector Auditor- Controller/Treasurer/Tax Collector to enter the confirmed Landscape and Lighting Maintenance District assessments on the secured property -tax roll for Fiscal Year 2025-26, to collect those assessments together with any penalties and interest in the same manner and with the same lien priority as ad valorem property taxes, and to remit the net proceeds to the City.
PASSED, APPROVED, and ADOPTED this 28th day of July, 2025.
Jon Thorp, Mayor
ATTEST:
Ana V. Sauseda, MMC
Director of General Services/City Clerk
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ATTACHMENT 2
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LANDSCAPING AND LIGHTING
MAINTENANCE DISTRICT NO. 1
ANNUAL ENGINEER'S REPORT
FISCAL YEAR 2025-2026
June 2025
Prepared by:
City of Yucaipa, 34272 Yucaipa Blvd., Yucaipa, CA 92399 07/28/2025 City Council Agenda
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AGENCY: CITY OF YUCAIPA
PROJECT: LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 1 TO: CITY COUNCIL
CITY OF YUCAIPA
STATE OF CALIFORNIA
REPORT PURSUANT TO "LANDSCAPING AND LIGHTING ACT OF 1972" Pursuant to direction from the City Council, submitted herewith is the "Report" consisting of the following parts, pursuant to the provisions of Division 15, Part 2 of the Streets and Highways Code of the State of California, being the "Landscaping and Lighting Act of 1972," commencing with Section 22500, pursuant to Proposition 218, and in accordance with the Resolution of Intention, being Resolution No. 2025-13, adopted by the Council of the City of Yucaipa. This "Report" is applicable for the ensuing 12-month period, being the fiscal year commencing July 1, 2025, to June 30, 2026.
SECTION 1
PLANS AND SPECIFICATIONS of the improvements to be maintained and/or improved for the fiscal year. The plans and specifications show and describe the existing improvements, and are sufficient on showing and describing the general nature, location and extent of the improvements.
SECTION 2 AN ESTIMATE OF THE COSTS of the improvements to be maintained and/or improved for the mentioned fiscal year.
SECTION 3 AN ASSESSMENT ROLL showing the proportionate amount of the assessment to be charged in proportion to the benefits to be received by each lot or parcel within the exterior boundaries as shown on the below - referenced Diagram.
SECTION 4 A DIAGRAM OF MAINTENANCE DISTRICT. Said Diagram shows the exterior boundaries of the District and the boundaries of zones within the District. Reference is made to the County Assessor's Maps for a detailed description of the lines and dimensions of any lot or parcel.
All lots and parcels of land known as public property, if found not to benefit pursuant to Proposition 218, and as defined under Section 22663 of said "Landscaping and Lighting Act of 1972", have been omitted and are exempt from any assessment under these proceedings. 07/28/2025 City Council Agenda
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The undersigned respectfully submits the enclosed report as directed by the City Council.
Executed this 28th day of July, 2025.
FERMIN PRECIADO
DIRECTOR OF DEVELOPMENT SERVICES/
CITY ENGINEER
CITY OF YUCAIPA
STATE OF CALIFORNIA
A draft copy of the Assessment Roll and Engineer's "Report" were filed in the Office of the City Clerk on the 28th day of July, 2025.
ANA SAUSEDA
DIRECTOR OF GENERAL SERVICES/CITY CLERK
CITY OF YUCAIPA
STATE OF CALIFORNIA
Final approval, confirmation and levy of the annual assessment and all matters in the Engineer's "Report" were made on the 28th day of July, 2025 by adoption of Resolution No. 2025-14 by the City Council.
PHILLIP WHITE
DIRECTOR OF FINANCE
CITY OF YUCAIPA
STATE OF CALIFORNIA
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INTRODUCTION
To guarantee a flow of funds for the ongoing maintenance and servicing of specified improvements within the public right-of-way and dedicated easements in the City of Yucaipa, the City Council formed the now existing City of Yucaipa Landscaping and Lighting Maintenance District No. 1 in 1995. Improvements which may be maintained by the District utilizing the direct and special benefit assessments include:
■ Landscaping within public rights -of -way, parkways and designated easements; • Public lighting facilities to provide street lighting and traffic signals in public right-of-way and easements;
■ Maintenance of certain drainage and storm water treatment facilities.
Since the formation of Landscaping and Lighting Maintenance District No. 1, all tracts and parcel maps which create new street intersections have been required to annex to this district as separate zones.
The method of assessment approved at the time of formation of the District may be amended from time to time if deemed appropriate.
The construction, maintenance and operation of facilities within the District's Boundaries will be consistent with the Landscaping and Lighting Act of 1972, and will be administered pursuant to the City of Yucaipa ordinances and regulations.
Payment for the assessment for each parcel will be made in the same manner and at the same time as payments are made for property taxes for each property.
The proceedings will be conducted under Landscaping and Lighting Act of 1972, Part 2, Division 15, Sections 22500 through 22679, of the Streets and Highways Code of the State of California.
Annually thereafter, the City Council will review the current and projected year's cost for the servicing, maintenance, repair, and replacement of the District facilities and set the assessment for the ensuing fiscal year, which runs between July 1 and June 30, annually. In setting the annual assessment, City Council, in accordance with Proposition 218 requirements and Engineer's Reports for previously annexed zones into the City's LLMD, may increase the annual assessment by the annual change in the CPI for the Riverside -San Bernardino -Ontario Area. The change in the CPI as of March 2025 is 2.5%. As a result, a 2.5% factor will be applied to Zone A95 and Zones F97 through R99. Zones C96 through E96 do not have escalator clauses and, therefore, are not subject to an annual adjustment. Zone B95 and Zones SOO through FFF are subject to an increase equal to the amount of the change in CPI (2.5%) or 5%, whichever is greater. As a result, a 5% adjustment has been applied to Zones B95 and SOO through FFF. Funds from these assessments must be placed in a special fund and cannot be used for any other purposes. 07/28/2025 City Council Agenda
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SECTION 1
PLANS AND SPECIFICATIONS
MAINTENANCE DISTRICT NO. 1
CITY OF YUCAIPA
Generally, the work to be performed consists of the annual maintenance of improvements which have been or will be constructed by developers as a condition of the subdivision of land within the City of Yucaipa, and those which may subsequently be constructed, will be operated, serviced and maintained as generally described as follows:
The improvements are the construction, operations, maintenance and servicing of landscaping, lighting and appurtenant facilities including but not limited to personnel, electrical energy, utilities such as water, materials, contracting services, and other items necessary for the satisfactory operation of these services and are described as follows:
Landscaping
Planting, irrigation systems, entry monuments, open space, fuel modification zones, hardscapes, and appurtenant facilities including but not limited to parkways and designated easements, within the boundary of said Maintenance District.
Lighting
Poles, fixtures, bulbs, conduits, equipment including guys, anchors, posts and pedestals, metering devices and appurtenant facilities as required to provide street lighting in public right-of-way and easements within the boundary of said Maintenance District.
Reference is made to the Plans and Specifications for the maintenance of said improvements, which are on file in the City of Yucaipa Public Works Department.
Drainage
Drainage structures, catch basins, retention/detention basins, drain inlets, drain outlets, drywells, drain filters, storm water filtering devices for the Water Quality Management Plan and drain pipes. 07/28/2025 City Council Agenda
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SECTION 2
ESTIMATE OF COST
MAINTENANCE DISTRICT NO. 1
CITY OF YUCAIPA
The 1972 Act provides that the total cost of maintenance and servicing of the public landscaping, park facilities and street lighting can be recovered by the District. Incidental expenses including administration of the District, engineering fees, legal fees and all other costs associated with the formation and maintenance of the District can also be included.
Improvements, and the maintenance of all improvements, which are to be included in the District and have not yet been completed and are being constructed by the developer of the property, will be the responsibility of the developer until accepted by the City of Yucaipa. Furthermore, all improvements will be covered by a one (1) year warranty by the developer as part of the subdivision agreement.
Estimates of yearly maintenance costs for FY 2025-2026 are shown on Table 1.
The 1972 Act requires that a special fund be set up for the revenues and expenditures of the District. Funds raised by assessment shall be used only for the purpose as stated herein. A contribution to the District by the City may be made to reduce assessments, as the City Council deems appropriate. Any balance remaining on July 1 must be carried over to the next fiscal year.
In setting the annual assessment, City Council, in accordance with Proposition 218 requirements and Engineer's Reports for previously annexed zones into the City's LLMD, may increase the annual assessment by the change in the annual CPI for the Riverside -San Bernardino -Ontario Area.
The change in the CPI as of March 2025 is 2.5%. As a result, a 2.5% factor will be applied to Zone A95 and Zones F97 through R99. Zones C96 through E96 do not have escalator clauses and, therefore, are not subject to an annual adjustment. Zone B95 and Zones SOO through FFF are subject to an increase equal to the amount of the change in CPI (2.5%) or 5%, whichever is greater.
As a result, a 5% adjustment has been applied to Zones B95 and SOO through FFF. Funds from these assessments must be placed in a special fund and cannot be used for any other purposes. 07/28/2025 City Council Agenda
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SECTION 3
ASSESSMENT ROLL
MAINTENANCE DISTRICT NO. 1
CITY OF YUCAIPA
The proposed assessment and the amount of assessment for Fiscal Year 2025-2026 apportioned to each lot or parcel, as shown on the latest roll at the Assessor's office, are contained on the Assessment Roll prepared by the City of Yucaipa and on file in the office of the City Clerk of the City of Yucaipa.
The description of each lot or parcel is part of the records of the Assessor of the County of San Bernardino and these records are, by reference, made part of this Report.
A. General
Part 2 Division 15 of the Streets and Highways Code, the Landscaping and Lighting Act of 1972, permits the establishment of assessment districts by cities for the purpose of providing certain public improvements which include maintenance and operation of street lights, traffic signals, landscaping and drainage facilities.
The 1972 Act requires that maintenance assessment be levied according to benefit rather than according to assessed value. Section 22573 provides that:
"The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefit to be received by each such lot or parcel from the improvements." The Act permits the designation of zones of benefit within any individual assessment district if "by reasons or variations in areas will receive different degrees of benefit from the improvement" (Sec. 22547). Thus, the 1972 Act requires the levy of a true "assessment" rather than a "special tax."
Exempted from the assessment would be the areas of all public street, public avenues, public lanes, public roads, public drives, public courts, public alleys, all easements and rights -of -way, all public parks, churches, cemeteries, greenbelts and parkways and all public school property, other public property, designated open space, and public utilities, unless determined to benefit pursuant to Proposition 218.
Also, Section 22509 provides that the act shall be liberally construed to effectuate its purpose. Therefore, any reasonable public hearing is conclusive. 07/28/2025 City Council Agenda
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B. Parcel Classification
Since the assessment will be levied on the owners of properties as shown on the tax rolls, the final charges must be assigned by Assessor's Parcel Number. If assessments were to be spread just by parcel, not considering land use or parcel size, this would not be equitable, because a single family parcel would be paying the same as a 50 unit apartment parcel or a large commercial establishment in a similar zone.
Therefore, the single-family parcel has been selected as the basic unit for calculation of assessments and is defined as one Equivalent Dwelling Unit (EDU). A methodology has been developed to calculate the EDU's for other residential land uses and for commercial/industrial parcels as described below.
Single Family Residential. The single family parcel has been selected as the basic unit for calculation of the benefit assessments. The basic unit shall be called an Equivalent Dwelling Unit (EDU). Parcels zoned for single family residential uses are assessed 1 EDU.
Multiple Residential. The EDU's for land zoned for multi -family uses are reduced by multiplying the dwelling units per parcel by a density factor of 0.8, this determination was made in accordance with statistical proportion of relative trip generation from various type of residential uses, in combination with potential population density per unit. Based on data from representative cities in Southern California, the multiple residential factor is deemed to be 80%; e.g., a parcel with a 100 unit apartment would be assessed at 80 EDU's.
Commercial and Industrial. Parcels zoned for commercial and industrial uses are assessed
4.356 EDU's/acre or any portion thereof with a minimum of 1 EDU. This allocation has been developed by dividing the standard residential lot size of 10,000 sq. ft. into 43,560 sq. ft. (1 acre).
Mobile Home. Parcels defined as residential but having no dwelling unit on them are assessed 2.178 EDU's/parcel. A parcel with 100 mobile home spaces would be assessed 50 EDU's.
Vacant Residential. Parcels defined as residential but having no dwelling units on them are assessed 2.178 EDU's/acre or any portion thereof with a minimum of 0.5 EDU. This allocation has been developed by dividing the standard residential lot size of 10,000 sq. ft. into 43,560 sq. ft. (1 acre) and dividing that by two (2). This is half the rate of a commercial/industrial parcel.
Vacant Commercial/Industrial. Parcels defined as commercial/industrial but having no commercial/industrial structures on that parcel are assessed half the allocated commercial rate with a minimum of 0.5 EDU.
Agricultural Land. Parcels of Land listed on the County Assessor's record in the Agricultural classification will be assessed at 0.2 EDU/acre or any portion thereof. 07/28/2025 City Council Agenda
512
Exempt. Parcels of land defined in the County Assessor's records as being exempt will be exempt for the assessment. These parcels include but are not limited to areas of all public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, all easements and rights -of -way, all public parks, greenbelts and parkways, common areas, and other public property unless determined to benefit pursuant to Proposition 218.
C. Zone Classification
A system of zones, encompassing both street lighting and landscaping levels of service has been developed. (See Assessment Diagram.) These zones and subzones will provide means to designate the benefits received by the property owners from the improvements maintained by the District. The zones are as follows:
Zone A95 - Tract 13521 - This 90 parcel tract was developed during 2003-04.
Improvements include operation and maintenance of lighting, landscaping and appurtenances. A revised Engineer's Report was adopted and the tract is eligible for assessment. Assessments shall commence in the 2004/05 fiscal year.
Zone B95 - Tract 12222 - This 109 parcel tract requires improvements, which include operation and maintenance of lighting, landscaping and appurtenances.
Zone C96 - Tract 15306 - Apartments converted to residences require improvements, which include operation and maintenance of lighting and appurtenances.
Zone D96 - Tract 14294-2 and Tract 14294 - These two tracts totaling 103 parcels require improvements, which include operation and maintenance of lighting, landscaping and appurtenances.
Zone E96 - Parcel Map 13851 - This 3 lot parcel map requires improvements, which include operation and maintenance of lighting and appurtenances.
Zone F97 - Tract 15661 and Tract 15661-1 - These two tracts totaling 34 parcels require improvements, which include operation and maintenance of lighting, landscaping and appurtenances.
Zone G98 - Tract 15182 - This 16 parcel tract requires improvements, which include operation and maintenance of lighting and appurtenances.
Zone H98 - Tract 14852-1, 14852-2, and Assessor's Parcels 0322-291-03 and -36 - These tracts and Assessor's Parcels totaling 212 parcels require improvements, which include operation and maintenance of lighting, landscaping and appurtenances.
Zone I98 - Tract 14592 - This 11 parcel tract requires improvements, which include operation and maintenance of lighting and appurtenances.
Zone J98 - Tract 14100 - This 7 parcel tract requires improvements, which include operation and maintenance of lighting and appurtenances.
Zone K98 - Parcel Map 14693 - This parcel map contains 4 residential lots with a remainder parcel and requires improvements which include operation and maintenance of lighting, landscaping and appurtenances.
07/28/2025 City Council Agenda 513
Zone L98 - Tract 15765 - This 28 parcel tract requires improvements, which include operation and maintenance of lighting and appurtenances. One existing residence will not be assessed.
Zone M98 - Tract 14287 - This 6 parcel tract requires improvements, which include operation and maintenance of lighting and appurtenances.
Zone N98 - Tract 15848 - This 67 parcel tract requires improvements, which include operation and maintenance of lighting and appurtenances.
Zone 098 - Tracts 13799, 13799-1, 13799-2 and 13799-3 - These four tracts totaling 34 parcels, require improvements, which include operation and maintenance of lighting, landscaping and appurtenances.
Zone P99 - Tract 15468 - This 23 parcel tract requires improvements, which include operation and maintenance of lighting, fencing and appurtenances. Two existing residences will not be assessed.
Zone Q99 - Tract 14502 - This 9 parcel tract requires improvements, which include operation and maintenance of lighting and appurtenances. One existing residence will not be assessed.
Zone R99 - Tract 15758 - This 18 parcel tract requires improvements, which include operation and maintenance of lighting and appurtenances.
Zone TO1 - Tract 15548 - This 62 parcel tract requires improvements, which include operation and maintenance of lighting, landscaping and appurtenances.
Zone U01 - Tract 10130-1 - This 15 parcel tract requires improvements, which include operation and maintenance of lighting, landscaping and appurtenances, within the Landscape Maintenance District boundary adjacent to Douglas Street.
Zone VO1 - Tract 16088 - This 47 parcel tract requires improvements, which include operation and maintenance of lighting, landscaping and appurtenances.
Zone WO1 - Tract 15967-1 & 15967-2 - This 33 parcel tract requires improvements which include operation and maintenance of lighting, landscaping and appurtenances.
Zone X01 - Tract 16031 - This 71 parcel tract requires improvements, which include operation and maintenance of lighting, landscaping, irrigation and appurtenances.
Zone Y - Tract 16060 - This 20 parcel tract requires improvements, which include operation and maintenance of lighting, landscaping, irrigation and appurtenances.
Zone Z - Tract 15854 - This 14 parcel tract requires improvements, which include operation and maintenance of lighting, landscaping, irrigation and appurtenances.
Zone AA - Tract 15933 - This 8 parcel tract requires improvements, which include operation and maintenance of lighting, landscaping, irrigation and appurtenances. 07/28/2025 City Council Agenda
514
Zone BB - Tract 16538 - This 18 parcel tract requires improvements, which include operation and maintenance of lighting, landscaping, irrigation and appurtenances.
Zone CC - Tract 16152 — This 15 parcel tract requires improvements, which include operation and maintenance of lighting, landscaping, irrigation and appurtenances.
Zone DD - Tract 16293 - This 16 parcel tract requires improvements, which include operation and maintenance of lighting and appurtenances.
Zone EE - Tract 14429 - This 57 parcel tract requires improvements, which include operation and maintenance of lighting, landscaping, irrigation, entry gates and appurtenances.
Zone FF - Tract 16453 - This 27 parcel tract requires improvements, which include operation and maintenance of lighting, landscaping, irrigation and appurtenances.
Zone GG - Tract 14625 - This 71 parcel tract requires improvements, which include operation and maintenance of lighting, landscaping, irrigation and appurtenances.
Zone HH - Tract 16355 - This 10 parcel tract requires improvements, which include operation and maintenance of lighting, landscaping, irrigation and appurtenances.
Zone II - Tract 16531 - This 16 parcel tract requires improvements, which include operation and maintenance of lighting, landscaping, irrigation and appurtenances.
Zone JJ - Tract 16405 - This 10 parcel tract requires improvements, which include operation and maintenance of lighting, landscaping, irrigation and appurtenances.
Zone KK - Tract 16030 - This 33 parcel tract requires improvements, which include operation and maintenance of lighting, landscaping, irrigation and appurtenances.
Zone LL - Tract 16783 - This 16 parcel tract requires improvements, which include operation and maintenance of lighting and appurtenances.
Zone MM - Tract 16268 - This 22 parcel tract requires improvements, which include operation and maintenance of landscaping, lighting, drainage system and appurtenances.
Zone NN - Tract 16801 - This 6 parcel tract requires improvements, which include operation and maintenance of lighting, landscaping, irrigation and appurtenances.
Zone 00 - Tract 16802 - This 5 parcel tract requires improvements, which include operation and maintenance of lighting.
Zone PP - Tract 16694 - This 16 parcel tract requires improvements, which include operation and maintenance of lighting, landscaping, irrigation and appurtenances.
Zone RR - Tract 16633 - This 6 parcel tract requires improvements, which include operation and maintenance of lighting, landscaping, irrigation and appurtenances.
Zone SS - Tract 19901 - This 22 parcel tract requires improvements, which include operation and maintenance of lighting, landscaping, irrigation and appurtenances. 07/28/2025 City Council Agenda 515
Zone TT - Tract 17056 - This 7 parcel tract requires improvements, which include operation and maintenance of lighting, landscaping, irrigation and appurtenances.
Zone VV - Tract 16555 - This 5 parcel tract requires improvements, which include operation and maintenance of lighting, landscaping, irrigation and appurtenances.
Zone WW - Tract 17145 - This 8 parcel tract requires improvements, which include operation and maintenance of drainage facilities, lighting, landscaping, irrigation and appurtenances.
Zone YY - Tract 17901 - This 4 parcel tract requires improvements, which include operation and maintenance of lighting and appurtenances.
Zone ZZ - Tract 15195 - This 16 parcel tract requires improvements, which include operation and maintenance of storm drains, lighting, landscaping, irrigation and appurtenances.
Zone BBB - Tract 14806 - This 8 parcel tract requires improvements, which include operation and maintenance of storm drains, lighting, landscaping, irrigation and appurtenances.
Zone CCC - This 17 parcel neighborhood requires improvements, which include operation and maintenance of lighting and appurtenances.
Zone DDD - This 101 parcel neighborhood requires improvements, which include operation and maintenance of lighting and appurtenances.
Zone EEE — Tract 20130 - This 144 parcel tract requires improvements, which include operation and maintenance of storm drains, lighting, landscaping, irrigation, park areas and appurtenances.
Zone FFF — Tract 17349 - This 22 parcel tract requires improvements, which include operation and maintenance of storm drains, lighting, landscaping, irrigation and appurtenances.
D. Categories of Benefit
1. Landscaping
Maintenance of the landscaping installed within the boundaries of the District, including parkway and open space within the public right-of-way or dedicated easements, and drainage facilities, the proportional share of the cost should be spread to parcels within the zone.
2. Local Lighting
Local lighting installed on public streets within the zone benefit all properties within the District and a proportional share of the cost of local lighting should be spread to all parcels within the district.
07/28/2025 City Council Agenda
516
3. Maintenance District Incidentals
Maintenance District incidentals include administrative and legal work, assessment engineering for servicing and administering the District and the formation of the District, and should be spread to all parcels within the District. 07/28/2025 City Council Agenda
517
SECTION 4
DIAGRAM
MAINTENANCE DISTRICT NO. 1
CITY OF YUCAIPA
A DIAGRAM of the Maintenance District. Said Diagram shows the exterior boundaries of the District and the boundaries of zones within the District. Reference is made to the County Assessor's Map for a detailed description of the lines and dimensions of any lot or parcel. The lines and dimensions of each lot shall conform to those shown on the County Assessor's Maps for the fiscal year to which the "Report" applies.
07/28/2025 City Council Agenda
518
City of Yucaipa
LANDSCAPE AND LIGHTING
MAINTENANCE DISTRICT
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ZONE "B"
ZONE "EE"
ZONE "M"
ZONE JJ" 1
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UPDATED: 6/6/2024
07/28/2025 City Council Agenda
519
ATTACHMENT 3
07/28/2025 City Council Agenda
520
Column
OFFICIAL AD PROOF
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Notice ID: n57EG6ITrm6XAAytGAwB I Proof Updated: Jun. 16, 2025 at 08:50am PDT Notice Name: 2025-07-28 PH LLMD 2025-2026 FINAL
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FILER FILING FOR
KIMBERLY METZLER Yucaipa News Mirror
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(909) 797-2489
Columns Wide: 1 Ad Class: Legals
Total Column Inches: 5.89
Number of Lines: 53
06/20/2025: City Legal Notices Notice 99.25
Subtotal $99.25
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Total $99.25
See Proof on Next Page
07/28/2025 City Council Agenda
2025-07-28 PH LLMD 2025-2026 FINAL - Page 1 of 2
521
City of Yucaipa
NOTICE OF PUBLIC
HEARING
NOTICE IS HEREBY GIV-
EN that the City Council of
the City of Yucaipa will hold
a public hearing on the date
and time indicated below
to receive and consider the
statements of all persons
who wish to be heard relative
to the subject listed below.
DATE/TIME:
July 28, 2025 6:00 p.m.
LOCATION:
Yucaipa City Council Cham-
bers. 34272 Yucaipa Boule-
vard, Yucaipa. CA
SUBJECT:
TO LEVY AND COLLECT
ASSESSMENTS FOR THE
CITY OF YUCAIPA LAND-
SCAPING AND LIGHTING
MAINTENANCE DISTRICT
NO. 1 FOR FISCAL YEAR
2025-2026 WITHIN THE
AREAS DESCRIBED IN
THE ENGINEER'S REPORT
FOR ZONES A95, B95. C96.
D96. E96. F97. G98, H98.
198. ,J98, K98, L98. M98,
N98. 098, P99. 099. R99,
T01. U01. V01_ W01. X01, Y.
Z. AA. BB. CC, DD. EE. FF,
GG. HH, II, J.J. KK, LL. MM.
NN. 00. PP. Q0. RR. SS.TT.
VV. WW. YY. ZZ. BBB. CCC.
DDD. EEE. and FFF.
Ana V. Sauseda. f:1MC
Director of General Services,
City Clerk
Publication: June 20, 2025:
Yucaipa News -Mirror
Published
Yucaipa News Mirror
June 20, 2025
07/28/2025 City Council Agenda
2025-07-28 PH LLMD 2025-2026 FINAL - Page 2 of 2
522
ATTACHMENT 4
07/28/2025 City Council Agenda
523
CONSUMER PRICE INDEXES PACIFIC CITIES AND U. S. CITY AVERAGE March 2025
(All items indexes. 1982-84=100 unless otherwise noted. Not seasonally adjusted.) All Urban Consumers (CPI-U)
Urban Wage Earners and Clerical Workers (CPI-W)
Percent Change
Percent Change
Indexes
Year
1 Month
Indexes
Year
1 Month
MONTHLY DATA
ending
ending
ending
ending
Mar
Feb
Mar
Feb
Mar
Mar
Mar
Feb
Mar
Feb
Mar
Mar
2024
2025
2025
2025
2025
2025
2024
2025
2025
2025
2025
2025
U. S. City Average
312.332
319.082
319.799
2.8 2.4
0.2 306.502
312.460
313.250
2.7 2.2
0 0 0 0 0 0 0
m CO 0) 01 0) w
West
332.202
337.868
339.627
2.6 2.2
0.5 324.323
329.385
331.207
2.6 2.1
West - Size Class Al
341.299
348.815
350.126
2.9 2.6
0.4 329.897
336.823
338.367
2.9 2.6
West - Size Class B/C2
194.047
196.261
197.611
2.3 1.8
0.7 195.880
197.895
199.181
2.4 1.7
Mountain3
131.176
132.359
132.875
1.8 1.3
0.4 132.864
133.610
133.970
1.7 0.8
Pacifica
128.341
130.940
131.689
2.9 2.6
0.6 129.315
131.808
132.669
3.0 2.6
Los Angeles -Long Beach -Anaheim, CA
330.671
338.438
340.648
3.1 3.0
0.7 318.280
326.240
328.246
3.4 3.1
Percent Change
Percent Change
Indexes
Year
2 Months
Indexes
Year
2 Months
BI-MONTHLY DATA
(Published for odd months)
ending
ending
ending
ending
Mar
Jan
Mar
Jan
Mar
Mar
Mar
Jan
Mar
Jan
Mar
Mar
2024
2025
2025
2025
2025
2025
2024
2025
2025
2025
2025
2025
Riverside -San Bernardino -Ontario, CA3
133.144
135.215
136.511
2.9 2.5
1.0 134.144
135.718
137.608
3.1 2.6
1.4 San Diego -Carlsbad, CA
370.858
381.952
384.880
3.8 3.8
0.8 351.778
361.604
364.528
3.6 3.6
0.8 Urban Hawaii
338.060
346.772
346.816
3.9 2.6
0.0 337.685
346.037
346.075
3.8 2.5
0.0 Percent Change
Percent Change
Indexes
Year
2 Months
Indexes
Year
2 Months
BI-MONTHLY DATA
(Published for even months)
ending
ending
ending
ending
Feb
Dec
Feb
Dec
Feb
Feb
Feb
Dec
Feb
Dec
Feb
Feb
2024
2024
2025
2024
2025
2025
2024
2024
2025
2024
2025
2025
Phoenix -Mesa -Scottsdale, AZ4
181.010
182.653
184.264
1.6 1.8
0.9 180.826
181.865
183.386
1.3 1.4
0.8 San Francisco -Oakland -Hayward, CA
345.151
348.001
354.432
2.4 2.7
1.8 341.595
342.582
350.836
2.1 2.7
2.4 Seattle -Tacoma -Bellevue, WA
349.288
354.348
358.096
2.7 2.5
1.1 342.387
348.575
351.165
2.9 2.6
0.7 Urban Alaska
261.340
267.312
269.022
2.3 2.9
0.6 259.326
263.740
266.796
2.0 2.9
1.2 1 Population over 2,500,000
2 Population 2,500,000 and under, Dec 1996 = 100
3 Dec 2017=100 4 Dec 2001=100
NOTE: In January 2018, BLS introduced a new geographic area sample for the Consumer Price Index (CPI): www.bls.gov/regions/westlfactsheet/2018cpirevisionwest.pdf 1967=100 base year indexes and tables with semiannual and annual average data are available at: www.bls.gov/regions/west/factsheet/consumer-price-index-data-tables.htn Release date April 10, 2025. The next release date is scheduled for May 13, 2025. For questions, please contact us at [email protected] or (415) 625-2270. 07/28/2025 City Council Agenda
524
ATTACHMENT 5
07/28/2025 City Council Agenda
525
City of Yucaipa
Landscaping and Lighting Maintenance District
Zone Chart with Credits
FY 2025-2026
Zone
Tract
Lighting
Landscaping
Drainage
Total Annual
Zone Assessment
FY 2025-26
Number of
Equivalent
Dwelling
Units (EDUs)
Assessment
Per EDU
Estimated
Ending Balance
per Zone for FY
2024-25
Amount of
Credit per
Zone at FY
2025-26
Assessment
per EDU Less
Credit
A95
13521
X
X
-
$57,993.30
90 644.37
332,678.73
14,498.33
483.28
B95
12222
X
X
-
$420,067.47
109
3,853.83
1,061,819.52
105,016.87
2,890.37
C96
15306
X
-
-
$221.92
19 11.68
3,918.79
-
11.68 D96
14294/-2
X
X
-
$11,284.68
103
109.56
44,133.18
-
109.56
E96
13851
X
-
-
$225.00
3 75.00
3,496.93
-
75.00 F97
15661/-1
X
X
-
$14,015.82
34 412.23
45,454.19
3,503.96
309.17
G98
15182
X
-
-
$639.84
16 39.99
2,142.23
-
39.99 H98
14852/-1,2
X
X
-
$42,586.56
212
200.88
90,448.17
-
200.88
198
14592
X
-
-
$425.92
11 38.72
1,189.95
-
38.72 J98
14100
X
-
-
$715.89
7 102.27
3,549.16
178.97
76.70 K98
14693
X
X
-
$1,977.40
5 395.48
23,651.29
494.35
296.61
L98
15765
X
-
-
$462.78
27 17.14
988.86
-
17.14 M98
14287
X
-
-
$213.06
6 35.51
2,266.58
53.27 26.63
N98
15848
X
-
-
$1,007.68
67 15.04
2,226.87
-
15.04 098
13799/-1,2,3
X
X
-
$11,909.52
34 350.28
29,365.39
-
350.28
P99
15468
X
-
-
$1,565.97
21 74.57
12,568.20
391.49
55.93 Q99
14502
X
-
-
$220.80
8 27.60
458.19
-
27.60 R99
15758
X
-
-
$463.86
18 25.77
1,462.44
-
25.77 SOO*
13589
X
X
-
49,703.65
-
TO1
15548
X
X
-
$63,579.76
62 1,025.48
194,054.22
15,894.94
769.11
U01
10130/-1
X
X
-
$7,141.50
15 476.10
14,538.65
-
476.10
VO1
16088
X
X
-
$16,561.39
47 352.37
43,511.21
4,140.35
264.28
WO1
15967/-1,2
X
X
-
$35,941.95
33 1,089.15
225,566.60
8,985.49
816.86
X01
16031
X
X
X
$52,840.33
71 744.23
182,064.36
13,210.08
558.17
Y
16060
X
X
X
$3,720.60
20 186.03
15,169.27
930.15
139.52
Z
15854
X
X
-
$9,756.04
14 696.86
10,950.46
-
696.86
AA
15933
X
X
-
$2,480.24
8 310.03
(507.49)
-
310.03
BB
15638
X
X
X
$9,843.84
18 546.88
24,475.57
2,460.96
410.16
CC
16152
X
X
X
$8,835.60
15 589.04
19,769.02
-
589.04
DD
16293
X
-
-
$788.96
16 49.31
24.26 -
49.31 EE
14429
X
X
X
$75,360.84
57 1,322.12
-
-
1,322.12
FF
16453
X
X
X
$13,571.01
27 502.63
27,805.58
-
502.63
GG
14625
X
X
X
$135,673.19
71 1,910.89
305,649.22
33,918.30
1,433.17
HH
16355
X
X
X
$21,726.50
10 2,172.65
85,983.97
5,431.63
1,629.49
II
16531
X
X
-
$24,213.92
16 1,513.37
102,721.34
6,053.48
1,135.03
JJ
16405
X
X
X
$9,263.30
10 926.33
18,631.57
-
926.33
KK
16030
X
X
-
$4,450.71
33 134.87
1,289.15
-
134.87
LL
16783
X
-
X
$4,246.88
16 265.43
10,935.94
1,061.72
199.07
MM
16268
$19,975.34
22 907.97
19,024.06
-
907.97
NN
16801
X
X
X
$12,432.42
6 2,072.07
35,351.10
3,108.11
1,554.05
00 16802
X
-
-
$753.50
5 150.70
2,532.56
188.38
113.03
PP
16694
X
X
X
$23,461.76
16 1,466.36
118,693.79
5,865.44
1,099.77
QQ*
16055
X
X
X
14 -
29,807.99
-
-
RR
16633
X
X
$3,876.36
6 646.06
17,844.54
969.09
484.55
SS
19901
X
X
X
$7,955.64
22 361.62
12,834.62
-
361.62
TT
17056
X
X
-
$13,052.48
7 1,864.64
21,165.44
-
1,864.64
UU**
-
-
VV
16555
X
X
-
$6,908.35
5 1,381.67
14,109.46
-
1,381.67
WW
17145
X
X
X
$6,028.00
5 1,205.60
26,053.04
1,507.00
904.20
XX**
262.57
-
YY
17901
X
-
-
$693.36
4 173.34
5,189.22
173.34
130.01
ZZ
15195
X
X
-
$9,181.44
16 573.84
29,763.41
2,295.36
430.38
AAA**
-
-
BBB
14806
X
X
X
$6,408.00
8 801.00
35,162.98
1,602.00
600.75
CCC
N/A
X
$640.90
17 37.70
2,618.82
160.23
28.28 DDD
N/A
X
$2,311.04
101
25.12 6,088.85
577.76
18.84 EEE
20130
X
X
X
$52,920.00
144
367.50
-
-
367.50
FFF
17349
X
X
X
$4,620.00
22 210.00
-
-
210.00
Total Maximum Assessment
Less: Credits
2025-2026 Net Assessments
$1,237,212.62
232,671.01
$1,004,541.61
1769 $ 3,370,657.67 $ 232,671.01
Zones are not individual tracts, but contain multiple parcels annexed for LED lighting improvements within the CDBG target area. ** Zones have not been annexed into the District and assessments have not begun. * Dormancy clause
07/28/2025 City Council Agenda
T:\Finance\Assessments\2025-2026 Assessments Processing\SP01- LLMD\Zone Chart 2025-2026 with Refunds 526