AGENDA REPORT
DATE:
TO:
FROM: Fermin Preciado, Director of Development Services/City Engineer Benjamin J. Matlock, Deputy Director of Community Development/City Plannei, Item No. 15
August 11, 2025
Honorable Mayor and City Council
SUBJECT: Case No. PLN-PDE-25-0002: Consideration of Ordinance No. 450, which adds or modifies 24 different elements of the development code to provide a periodic cleanup and enhancement, including updates to state law, implementing programs of the Housing Element, implementing preliminary economic development and fiscal revenue efforts, enhancing public safety elements, and reflecting longstanding internal procedures and processes.
RECOMMENDATION:
That the City Council conduct a public hearing and consider the Planning Commission's recommendation to:
1. Approve the introduction and first reading of Ordinance No. 450, an Ordinance of the City Council of the City of Yucaipa, California, adding Development Code Section 812.19096, Section 812.030143, Chapter 18 (Alcohol Establishments), Chapter 19 (Massage Therapy Establishments) and Chapter 13 (Landscape Regulations), and amending Development Code Sections 83.030105, 83.030323, 83.030305, 83.030505, 83.040110, 84.0335, 84.0330,
87.0630, 87.0701, 87.0705, 87.0710, 87.0725, 84.0905, 83.010305, 83.041120 and
83.030225, and Chapter 2 (Multiple Residential Design Standards) of Division 8 (Specific Use Design Standards), Chapter 4 (Height Regulations) of Division 7 (General Design Standards), and Article 1 (Fire Safety (FR) Overlay District) of Chapter 2 (Hazard Protection) of Division 5 (Overlay Districts) as part of a periodic code requirement cleanup and enhancement; and
2. Adopt an Addendum to the 2016 Yucaipa General Plan Environmental Impact Report in accordance with the requirements of the California Environmental Quality Act of 1970 and the CEQA Guidelines, as amended; and
3. Direct staff to file a Notice of Determination subsequent to certification of the Addendum to the 2016 General Plan Environmental Impact Report.
As part of the Planning Commission's motion for Ordinance No. 450, the recommendation for Sections 87.0701, 87.0705, 87.0710, 87.0725 pertaining to sign regulations was that the City Council
further analyze the suggested modifications before incorporating any amendments to those specific code sections.
As part of the City Council's formal action, the Council can approve all, or parts of the Ordinance as appropriate, or make any additional changes that may be necessary.
BACKGROUND/DISCUSSION:
On March 14, 1994, the City Council of the City of Yucaipa adopted a comprehensive Development Code that included zoning standards and development review procedures for the City of Yucaipa to evaluate a variety of development and land use proposals. However, this framework was a direct carry over from the Development Code from the County of San Bernardino at the time of incorporation and has a variety of elements that are outdated or unorganized for modern use.
To address this concern, the City of Yucaipa has begun the process of a Comprehensive Development Code Update Project. This effort will take over a year to complete; however, several changes must be made within an earlier timeframe to comply with state law and to implement key City Council initiatives, such as those outlined in the adopted Housing Element. As such, Ordinance No. 450 (Ordinance) has been developed to address these changes. The Planning Division intends to complete annual adjustments to the Development Code after the adoption of the comprehensive code update to ensure that changes to state law and other requirements remain current.
The updated code sections fall under one of the following topics:
• Updates to ensure compliance with state law
• Implementing Housing Element programs
• Implementing economic development and fiscal sustainability goals • Enhancing public safety elements
• Reflecting longstanding internal procedures and processes • General cleanup
Each section identified below will correspond to the same section in the Ordinance and will include a reference to which topic above is met, along with a highlighted summary of the code change. Section 1 of the Ordinance refers to the findings and purpose of the Ordinance and is therefore not identified below.
Section 2 — Code Section 83.030105: Conditional Use Permit State Law
GP - Housing
Econ Dev.
Public Safety
Procedure
Cleanup
Yes
Yes
Yes
Yes
Summary • Removed duplicative text from Land Use Compliance Review Section of Changes • Arcades no longer trigger a Conditional Use Permit • Certain off -site alcohol establishments and massage therapy establishments now triggers a Conditional Use Permit
The Conditional Use Permit Procedure section changes cover 4 of the 6 key topics of the Ordinance.
For compliance with state law, the removal of the specific reference of 4 dwelling units has been made following the adoption of Senate Bills (SB) 1123 and 684, which is carried over into other sections of the Ordinance as appropriate. However, portions of this specific code section, including the housing reference, are duplicative of the Land Use Compliance Review procedures and therefore have been removed as a cleanup component. Lastly, the land uses that directly trigger a Conditional Use Permit have been modified to omit amusement arcades, which reflects an antiquated public safety concern from several decades ago, and the introduction of the permit requirement for certain off -site alcohol establishments and massage therapy establishments, which are further described in Sections 11 and 12, respectively. These specific uses have historically resulted in a higher demand for Code Enforcement and Police support, and the Conditional Use Permit process will assist in ensuring appropriate Conditions of Approval are in place to support the operations of those businesses.
Section 3 — Code Section 83.030323: Revocation
State Law
GP - Housing
Econ Dev.
Public Safety
Procedure
Cleanup
Yes
Yes
Summary • Formal revocation procedures for land use entitlements of Changes
As part of the standard Conditions of Approval for each land use entitlement, reference is made that noncompliance with the required conditions may result in revocation of such entitlement. However, the Development Code does not directly include those procedures. This item has been introduced to memorialize the required steps and findings, consistent with past practices and the industry standard with other communities.
Section 4 — Code Section 83.030305: Land Use Compliance Review State Law
GP - Housing
Econ Dev.
Public Safety
Procedure
Cleanup
Yes
Yes
Yes
Yes
Summary • Approval for residential projects increased from four (4) units to ten (10), of Changes consistent with law
• Clarification that process applies to all ground mounted signs • Introduces flexibility for mixed -use commercial development in RM-24 districts along major corridors
• Introduces a streamlined process to entitle a recently expired project • Specifies that Congregate Living Health Facilities are permitted in all residential districts, subject to a Land Use Compliance Review
The City's Land Use Compliance Review process has been the mechanism for reviewing and approving land use projects that are ministerial in nature, meaning they do not require a public hearing and are approved without discretion, provided they meet all of the requirements specified by the Development Code or applicable planning documents. As noted in the changes proposed for Section 4, SB 1123 and 684 have since made projects that propose either multiple family residential or single-family residential
subdivisions with ten (10) or fewer lots to be ministerial approvals. The revision includes this change, consistent with state law, and includes the note "unless otherwise specified by an applicable plan" as several of the City's planning documents also include streamlined review procedures.
Consistent with the streamline review philosophy, this section also allows staff to reapprove a project that has expired within the past year, provided there have been no updates to applicable Development Code standards or General Plan policies that would require modifications to the previously approved project design. Due to fluctuations in the market conditions, as well as the recent experience with the Covid-19 Pandemic, the City has seen an increase in projects that are close to expiring but still in motion. This change will reduce both the cost and procedural burden of reviewing a project that was previously approved just a few years before.
The most notable change with this section is to introduce the permitting of mixed -use (Neighborhood Commercial uses) development opportunities within our RM-24 (High Density Residential) Land Use District. This is further discussed in Section 7, and pertains to sites specifically located on a Major or Secondary Highway, as identified by the General Plan.
The remaining changes clarify that both types of ground mounted sign (freestanding and monument) are subject to this review process and directly identifies Congregate Living Health Facilities as a specific residential land use subject to this review procedure. The Planning Commission discussed during their public hearing whether a Conditional Use Permit be required for certain Congregate Living Health Facilities, but ultimately did not proceed with that recommendation.
Section 5 — Code Section 83.030505: Certificate of Land Use State Law
GP - Housing
Econ Dev.
Yes
Public Safety
Procedure
Yes
Cleanup
Summary • Establishes a zoning clearance process for new businesses of Changes
The City of Yucaipa historically had an annual business license requirement for any entity that was conducting business within the City. This effort often resulted in a cumbersome process, with the Finance Division receiving applications from all City vendors, contractors (including those based outside the area), and brick and mortar establishments, then having to maintain these records and fees annually. As part of the process, the Community Development Department would also be responsible for reviewing and signing off all new applications. For most of these licenses, the Department's review was perfunctory, as out of area contractors and vendors typically did not present an issue from a land use perspective. However, new businesses within the City were reviewed for compliance with the permitted uses for their subject location. The business license application often lacked sufficient information to support the review, and coordination with the Finance Division liaison added further complexity to the process.
To provide better customer service experience, the City removed the universally applicable annual Business License requirement in 2024. As part of the internal staff review process, it was determined that creating a zoning -specific clearance process would better serve the former Community
Development Department role in that process. This section modifies an unused section of the Development Code to establish the procedure. As part of its implementation, new business establishments would submit for a Zoning Clearance Review to: 1) ensure that the proposed use is allowed at the subject site, 2) determine if any permits are necessary prior to occupancy, and 3) determine if any other elements may be relevant to the business operator before they open. In lieu of the annual fee required under the previous process, new business owners will now complete a one-time application and receive an Economic Development Resource Package. This package includes support for new businesses, guidance for grand openings, links to Chamber of Commerce membership and discounts, and information on participating in the City's Local Business Billboard Promotion Program, among other benefits. The intended goal is to ensure that business owners can open their doors as smoothly as possible and be supported along the way.
Section 6 — Code Section 83.040110: Tentative Tract Map Procedures State Law
GP - Housing
Econ Dev.
Public Safety
Procedure
Cleanup
Yes
Yes
Yes
Summary • Ten (10) lots or less, or otherwise specified by a city planning document, is of Changes approved ministerially
• Ministerial projects are not subject to a project notice • Removal of provisions to skip public hearings
As noted previously, SB 1123 and 684 make projects that propose either multiple family residential or single-family residential subdivisions with ten (10) or fewer lots to be subject to ministerial approvals.
The revision includes this change, consistent with state law, and includes any subdivision subject to a streamlined process if specified by an applicable plan. An additional change to clarify project noticing has also been included — ministerial projects are not subject to any discretion, and the denial or additional hearings of a project would be in violation of state law. This code section originally included language implying that ministerial projects could be subject to a public hearing, and that projects requiring a public hearing could be treated similar as ministerial and avoid a public hearing. To address this, the review procedure has been revised to ensure that the review process remains ministerial, including those requiring public review receive the appropriate level of administrative review.
Section 7 — Code Section 84.0335: High Density Multiple Residential State Law
GP - Housing
Yes
Econ Dev.
Yes
Public Safety
Procedure
Cleanup
Summary • Mixed use commercial permitted within high density projects within key corridors of Changes
This section introduces the permitting of mixed -use (Neighbor Commercial) development opportunities within the City's RM-24 (High Density Residential) Land Use Districts that are specifically located on a Major or Secondary Highway, as identified by the General Plan. As part of the City's Housing Element, the City is required to plan for a variety of housing units at a range of income levels that are delegated by the Regional Housing Needs Assessment (RHNA) process through the Southern
California Association of Governments (SCAG). In a prior housing cycle, areas along Oak Glen Road were designated as RM-24 to provide for the City's lower income categories, and this area was expanded as part of our current 2021-2029 Housing Element.
This proposed section is intended to accomplish two key outcomes. The primary objective is to further encourage the development of these units by offering greater flexibility for the development of such sites where access is readily available, and where the development of the planned units is critical for the City's implementation of the Housing Element. However, the fiscal sustainability of the City's future has become a top priority of the current and prior City Council. Restricting the primary corridors of the City to only residential uses, where substantial traffic passes by, represents commercial value that would be lost. The proposed change would allow for additional sales tax opportunities and would facilitate commercial uses that are walkable to those new residential communities to reduce vehicle miles traveled and to create increased amenities for these new residents. This additional flexibility may also allow a parcel that previously could not be developed due to potential fiscal constraints to become feasible and therefore remain as an eligible site for meeting the City's Regional Housing Needs Assessment.
Section 8 — Code Section 84.0330: Multiple Residential (RM) State Law
GP - Housing
Econ Dev.
Public Safety
Procedure
Cleanup
Yes
Yes
Yes
Yes
Summary • Approval for residential projects increased from four (4) units to ten (10), of Changes consistent with law
• Development standards cross reference Design Guidelines • Provisions for small lot subdivision projects per Housing Element As noted previously, SB 1123 and 684 make projects that propose either multiple family residential or single-family residential subdivisions with ten (10) or fewer lots to be subject to ministerial approvals.
Additional clarity is provided to assist property owners and developers that may develop in the RM Land District that they should also review the Multiple Residential Design Standards and the Citywide Design Guidelines. The final change is noting that small lot subdivisions may modify the standards listed in the code section. Allowing these types of projects was identified under Program #20 of the Housing Element and intended to provide single-family ownership flexibility. In addition, this provides an alternative from the detached condominium that had been frequently entitled in the past as those projects have unique and complicated processing requirements by the state and are also not always preferred by potential buyers.
Section 9 — Code Section 87.0630: Residential Parking Standards State Law
GP - Housing
Econ Dev.
Public Safety
Procedure
Cleanup
Yes
Yes
Yes
Summary • Includes Density Bonus Parking reference
of Changes • Adds Small Lot Subdivision to Detached Condominium category
This section merely adds appropriate references to all applicable residential parking standards so that users of the code can review the required standards.
Section 10 — Multiple Residential Design Standards
State Law
GP - Housing
Econ Dev.
Public Safety
Procedure
Cleanup
Yes
Yes
Yes
Yes
Summary
of Changes
•
•
•
•
Adds small lot subdivision standards
Clarifies RM and RM-24 Distinction
Adds reference to Density Bonus and Design Guidelines
Modifies existing standards on the following topics to be objective:
o Open Space Amenities
o Trash Enclosure
o Tot lot and community focal point
o Parking lot and perimeter landscaping
Removal of a two (2) square foot notification sign
Section 11— Alcohol Establishment Regulations
State Law
GP - Housing
Econ Dev.
Public Safety
Yes
Procedure
Cleanup
Summary • Establishes performance standards for certain off -site alcohol sales establishments of Changes where more than 5% of the retail area is for alcohol sales • A Conditional Use Permit shall be required for all new establishments that meet the standards listed in the code
• Existing establishments are considered as "deemed approved" and shall continue to operate as long as they comply with the performance standards This section of the Development Code has been added to require a Conditional Use Permit specifically for certain alcohol establishments. In particular, new establishments that primarily focus on offsite alcohol sales would be subject to this requirement. As part of their Conditional Use Permit, operating conditions of approval found in the updated code section would apply to those establishments, along with any other conditions deemed appropriate by the Planning Commission. Existing establishments would not be subject to a Conditional Use Permit requirement and would instead be considered as a "deemed approved" use for as long as they to adhere to the same conditions of approval.
Section 12 — Massage Therapy Establishments
State Law
GP - Housing
Econ Dev.
Public Safety
Yes
Procedure
Cleanup
Summary • A Conditional Use Permit shall be required for all new massage therapy of Changes establishments
• Existing establishments are considered as "deemed approved" and shall continue to operate as long as they comply with the performance standards listed in code.
This section of the Development Code has been added to require a Conditional Use Permit specifically for massage therapy establishments. As part of their Conditional Use Permit, operating conditions of approval found in the updated code section would apply to those establishments, along with any other conditions deemed appropriate by the Planning Commission. Existing establishments would not be subject to a Conditional Use Permit requirement and would instead be considered as a "deemed approved" use for as long as they to adhere to the same conditions of approval.
Section 13 — Code Section 812.030143: Congregate Living Health Facility State Law
GP - Housing
Econ Dev.
Public Safety
Procedure
Cleanup
Yes
Summary • Adds a definition for Congregate Living Health Facility of Changes
The defmition of such facilities is directly related to the state law that governs these residential facilities that serve those that are terminally ill.
Section 14 — Code Section 812.19096: Small Lot Subdivision State Law
GP - Housing
Econ Dev.
Public Safety
Procedure
Cleanup
Yes
Yes
Yes
Summary • Adds definition for small lot subdivisions
of Changes
Small lot subdivisions are projects that emulate a single-family product type with the density of the City's multiple family land use density in the RM Land Use Districts. Permitting these types of projects was identified under Program #20 of the Housing Element and is intended to add property ownership flexibility to multiple family projects and to serve as an alternative to the detached condominium that had been frequently entitled in the past.
Section 15 — Code Section 87.0701: Sign Regulations - Intent State Law
GP - Housing
Econ Dev.
Public Safety
Procedure
Cleanup
Yes
Summary • Additional statement on sign regulation intent of Changes
The following intent has been added for clarification: it is the intent of this chapter to establish sign provisions to maintain control of the number of signs, sign design and sign development where possible to further promote the chapter's purposes. As noted in the recommendation section of this report, the Planning Commission recommended that the City Council further analyze the suggested modifications before incorporating any amendments to those specific code sections.
Section 16 — Code Section 87.0705: Sign Regulations — General Provisions State Law
GP - Housing
Econ Dev.
Public Safety
Procedure
Cleanup
Yes
Summary • Clarifies encroachment into public right of way for City -controlled signs of Changes
City communication billboards may encroach into the public right of way. As noted in the recommendation section of this report, the Planning Commission recommended that the City Council further analyze the suggested modifications before incorporating any amendments to those specific code sections. The discussion focused on the concept that privately owned signs cannot encroach upon the public right of way or across lots, and therefore a publicly owned sign should not be able to do so.
Section 17 — Code Section 87.0710: Sign Regulations — Prohibited Signs State Law
GP - Housing
Econ Dev.
Public Safety
Yes
Procedure
Cleanup
Yes
Summary • Clarifies that flashing signs are prohibited
of Changes
With the continued advancement of technology, the demand for digital displays to replace traditional sign structures has increased. However, many of these types of signs feature moving elements and flashing lights that can cause visual disruptions to drivers. In addition, some have begun to implement these structures as additional signage beyond what is permitted by the Development Code. The proposed revisions add additional clarity on these elements to ensure that they are permitted consistently and that public safety is maintained. As noted in the recommendation section of this report, the Planning Commission recommended that the City Council further analyze the suggested modifications before incorporating any amendments to those specific code sections. The discussion focused on the types of prohibited signs and concerns that the limits would impact the ability for businesses to adequately
advertise. It should be noted that some of the provisions that were of concern are currently in the sign code, and the revisions were intended to address public safety concerns presented by the City's Public Safety Manager and those from resident complaints.
Section 18 — Code Section 87.0725: Sign Regulations — Primary Signs Summary • Adds clarity and provisions for City -Communication Billboards of Changes
State Law
GP - Housing
Econ Dev.
Yes
Public Safety
Procedure
Cleanup
Yes
On June 27, 2022, the City Council adopted Ordinance No. 393 that provided provisions for the development of Electronic Message Centers specifically on privately owned property and approved a General Plan Amendment to allow Electronic Message Centers in the City. The proposed section would provide the necessary provisions for such sign structures on City owned and controlled lands, consistent with the General Plan Amendment, as these provisions were not included in the original Ordinance. Such signs may be used for commercial purposes or municipal purposes, and would not impact existing electronic sign structures on privately -owned properties. As noted in the recommendation section of this report, the Planning Commission recommended that the City Council further analyze the suggested modifications before incorporating any amendments to those specific code sections. The discussion focused on the City
Section 19 — Code Section 84.0905: Marijuana Uses Prohibited State Law
Yes
GP - Housing
Econ Dev.
Yes
Public Safety
Procedure
Cleanup
Summary • Clarifies that all commercial marijuana uses are prohibited except as permitted by of Changes the Municipal Code (ex. Delivery services per state law) On November 8, 2016, California voters approved the Control, Regulate and Tax Adult Use of Marijuana Act. In response to this initiative, the City adopted Ordinance No. 354 that clarified that commercial cannabis activities were prohibited in the City and reiterated the provisions that were simultaneously updated in the Municipal Code. Since these code provisions were adopted, regulations regarding the delivery of cannabis have changed, which invalidated elements of the code chapter. To better address changes in state law, as well as any potential changes in the future that may occur, the Development Code modifies the provisions to state that all commercial activities are prohibited unless otherwise provided by the Municipal Code. A subsequent modification to cannabis deliveries will be provided for the City Council in compliance with state law, along with a discussion of any applicable fees.
Section 20 — Height Regulations
State Law
GP — Housing
Econ Dev.
Public Safety
Procedure
Cleanup
Yes
Yes
Yes
Summary • Integrates the Fair Share provisions from Resolution No. 2024-53 for taller of Changes structures to ensure that the future ladder truck is funded • Clarifies that the Community Development Director, not the Building Official, determines certain structure increases consistent with historic practice • Provides flexibility to create defined building entrances • Allows a 25-foot height increase for medical buildings and hotels The City of Yucaipa has traditionally limited the height of all buildings due to the current fire equipment that is available by the Fire Department. Specifically, the California Fire Code requires that the Fire Department be able adequately access all portions of buildings, and without an aerial ladder truck, they are limited to what may be achieved by a static ladder affixed to the ground. To comply with housing laws, the City of Yucaipa initiated the development of its RM-24 Land Use District following adoption of its 2008 Housing Element on February 23, 2009, to permit projects with 24 dwelling units per acre to accommodate affordable housing. These types of projects result in structures that are three stories and often stretch what can be accommodated by a static ladder without unique design elements that create unusable areas within the site. Similarly, the City approved a three-story hotel project that had similar challenges in site planning, building design, and construction. These intricacies can hinder the feasibility of attracting key uses, even though such uses can provide significant economic benefits to the community.
As more of these types of structures are permitted, the demand and benefit of an aerial ladder truck has been highlighted. As part of the Safety Element Update adopted on July 22, 2024, and as identified in the public safety funding policy adopted on August 12, 2024, a long-term funding strategy was developed for the purchase and operation of this type of fire equipment. In addition, projects within the proposed Freeway Corridor Specific Plan update will be conditioned to participate in the initial cost of the acquisition. Once the equipment has been ordered, the prior constraints to building heights will be resolved. To ensure that there are sufficient participants in the funding program to maintain the annual costs, as well as to capture the economic development benefits realized with hotel projects and to further incentivize the healthcare industry to Yucaipa, the proposed section allows increased flexibility for certain land uses that are located within areas along the freeway to increase their building heights. This ensures that the costs are spread by multiple projects, and that there is appropriate demand for this type of specialize equipment. These changes also remain below the maximum building heights that could otherwise be facilitated with an aerial ladder truck to ensure that the scale of buildings remain appropriate for the community, and include increased setback limitations, which will allow for additional protection for neighboring parcels.
Section 21— Landscape Regulations
State Law
GP - Housing
Econ Dev.
Public Safety
Procedure
Yes
Cleanup
Yes
Summary • Integrates the City's standard Conditions of Approval for landscaping into the of Changes Development Code
The City's landscape design requirements have been historically located within a previously typed document entitled "Administrative Guidelines" and included into the Standard Conditions of Approval for all new projects. As standard practice, these requirements are proposed to be formally added to the Development Code. An additional provision has also been included for enhanced features within a priority pedestrian area, such as a specimen tree, water or rock feature, or artwork.
Section 22 — Code Section 83.010305: Applications for Land Use Decisions State Law
GP - Housing
Econ Dev.
Public Safety
Procedure
Yes
Cleanup
Yes
Summary • Automatic withdraw of inactive projects
of Changes
Most projects that are submitted to the Planning Division move forward through the process efficiently and effectively, with the project proponents eager to arrive at a decision. However, several projects are submitted, and after comments are provided from the City, remain inactive for a substantial period. In some cases, these projects may be inactive for several years before an applicant realizes that they may be able to recover some of the application fees and then formally withdraw their application. To improve customer service, the proposed change would create an automatic withdrawal for projects that remain inactive for a year.
Section 23 — Code Section 83.041120: Subdivision Design and Improvements State Law
GP - Housing
Econ Dev.
Public Safety
Procedure
Yes
Cleanup
Summary • Establishes a Homeowner's Association requirement for subdivisions over 50 of Changes units
For all residential subdivision projects, there are two different methods for maintaining the landscape and related features for the project: a Homeowner's Association (HOA) managed by the community or a Landscape, Lighting and Maintenance District (LLMD) managed by the City. There are a variety of LLMDs throughout the City, which represent a substantial administrative responsibility and oversight for the work completed. To better facilitate City resources, and to ensure appropriate conditions are in place for new projects, this would formally establish a policy that projects consisting of master planned developments or new subdivisions with over 50 units would be required to form an HOA. Projects that
are smaller would be exempt from the HOA requirement as operating and maintaining an HOA requires enough homeowners to create a board and maintain a quorum for their meetings, and instead would be subject to the LLMD. Condominium projects would still be subject to an HOA.
Section 24 — Code Section 83.030225: Final Map
State Law
GP - Housing
Econ Dev.
Yes
Public Safety
Procedure
Yes
Cleanup
Summary • Establishes flexibility for a "Timely Filed Map" of Changes
As part of the steps to subdivide a parcel, a "Final Map" must be reviewed and approved by the County Surveyor, then approved by the City Engineer, and finally adopted by the City Council prior to the expiration date of the Tentative Map. However, there are often delays that may occur during the County review process that can encroach upon the expiration date. To formalize a timely filed extension due to such delays, the proposed section would grant a one-year grace period to complete the process. This would provide flexibility for developers actively engaged in the process, while preventing projects that remain inactive or stalled between review stages beyond what is permissible under the Subdivision Map Act.
Section 25 — Fire Safety Overlay
State Law
GP — Housing
Econ Dev.
Public Safety
Procedure
Cleanup
Yes
Yes
Summary • Establishes "FR-3" District to correspond to new Moderate Fire Hazard Severity of Changes Zone
In early 2025, the State of California released updated Fire Hazard Severity Zone Maps for all cities and counties to adopt. As part of the new map, a moderate hazard zone was created in addition to the very high and high severity zones. The City of Yucaipa has historically implemented these hazards and their corresponding fire standards through its Safety Element and Municipal Code, identifying FR-1 as areas within the Very High Fire Hazard Severity Zone and FR-2 as the High Fire Hazard Severity Zone.
Therefore, a proposed FR-3 would then correspond to the Moderate Fire Hazard Severity Zone. An update to the Safety Element is also proposed to align the City's General Plan map and references to these updated statewide maps. Matching changes required for the Municipal Code section for the City's adoption of the Fire Code were adopted by the City Council at the July 28, 2025 meeting..
ENVIRONMENTAL REVIEW:
The proposed Ordinance does not directly result in the development of any parcel of land but instead modifies the development standards to either: 1) comply with current state law requirements, 2) implement existing policies and procedures, 3) add clarity to existing requirements and/or, 4) adds flexibility to standards to achieve economic development or public safety goals. An Addendum to the 2016 Yucaipa General Plan Environmental Impact Report that addresses the changes proposed
by the Ordinance has been prepared and has been recommended, with the exception of the sections pertaining to signs, by the Planning Commission for the adoption of Ordinance No. 450. This Addendum was prepared pursuant to Section 15164 of the CEQA Guidelines. The analysis contained in the addendum demonstrates that the conditions described in Section 15162 of the Guidelines that call for preparation of a subsequent or supplemental EIR have not been met, and therefore a subsequent or supplemental EIR is not required, and that the adoption of the Ordinance would not result in impacts not originally analyzed in the 2016 General Plan EIR.
FISCAL IMPACT:
There is a $50 Notice of Determination filing fee with the Clerk of the Board of the County of San Bernardino with this recommendation. The amount of $50 is included in the adopted FY26 Budget.
Attachment(s):
1. Ordinance No. 450
2. Addendum to General Plan EIR
3. Planning Commission Minutes of June 18, 2025
4. Planning Commission Minutes of July 16, 2025
Approved by:
ATTACHMENT 1
ORDINANCE NO. 450
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YUCAIPA, CALIFORNIA, ADDING DEVELOPMENT CODE SECTION 812.19096, SECTION 812.030143, CHAPTER 18 (ALCOHOL ESTABLISHMENTS), CHAPTER 19 (MASSAGE THERAPY ESTABLISHMENTS) AND CHAPTER 13 (LANDSCAPE REGULATIONS), AND AMENDING DEVELOPMENT CODE SECTIONS 83.030105, 83.030323, 83.030305,
83.030505, 83.040110, 84.0335, 84.0330, 87.0630, 87.0701, 87.0705, 87.0710, 87.0725, 84.0905,
83.010305, 83.041120 AND 83.030225, AND CHAPTER 2 (MULTIPLE RESIDENTIAL DESIGN STANDARDS) OF DIVISION 8 (SPECIFIC USE DESIGN STANDARDS), CHAPTER 4 (HEIGHT REGULATIONS) OF DIVISION 7 (GENERAL DESIGN STANDARDS), AND ARTICLE 1 (FIRE SAFETY (FR) OVERLAY DISTRICT) OF CHAPTER 2 (HAZARD PROTECTION) OF DIVISION 5 (OVERLAY DISTRICTS) AS PART OF A PERIODIC CODE REQUIREMENT CLEANUP AND ENHANCEMENT.
WHEREAS, on March 14, 1994, the City Council of the City of Yucaipa (the "City Council") adopted a comprehensive Development Code that included zoning standards and development review procedures for the City of Yucaipa (the "City") to use to evaluate a variety of development and land use proposals; and
WHEREAS, periodic updates to the City's Development Code are warranted to address updated General Plan policies, updated state law requirements, or to remove ambiguities by memorializing prior interpretations made on existing code provisions; and WHEREAS, on June 18, 2025, and July 16, 2025, the Planning Commission conducted a duly noticed public hearing to consider its recommendation on the Ordinance and after receiving public comments, closed the public hearing, and recommended that the City Council adopt this Ordinance; and
WHEREAS, on August 11, 2025, the City Council held a duly noticed public hearing on the proposed Ordinance, at which time a staff report was presented and evidence in the record was provided to support the findings required by the Yucaipa Development Code Section 83.020210 as reflected in Attachment A to the City Council Agenda Report, dated August 11, 2025; and WHEREAS, the City Council's approval of the proposed amendments to the Development Code will result in consistency between the Development Code and the policies and objectives of the General Plan; and
WHEREAS, the City Council has made the necessary findings to adopt amendments to the Development Code as required by California law and has taken all other actions as required by California law to amend the Development Code; and
WHEREAS, the proposed amendments to the Development Code constitute a "project" within the meaning 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 the project has been 1 environmentally reviewed as required by law: and
WHEREAS, an Environmental Impact Report (EIR) was previously certified by the City Council on April 11, 2016, for the 2016 General Plan, and based on the City's review of CEQA and the CEQA Guidelines, the City has caused an Addendum ("Addendum") to the certified EIR for the 2016 General Plan Update (et. al.) to be prepared for the proposed amendments to the Development Code in accordance with the CEQA Guideline § 15164, because the proposed project does not require the preparation of a new or supplemental EIR in accordance with CEQA Guideline § 15162 as no new significant impacts are proposed; and WHEREAS, the project has been adequately considered and evaluated in the EIR for the 2016 General Plan and the EIR Addendum, and the City Council has considered the EIR and EIR Addendum prior; and
WHEREAS, the City Council has considered the facts presented in the case, including the written and oral staff reports on the Proposed Amendment (PLN-PDE-25-0002), public testimony, written and oral evidence presented to the Planning Commission and the Planning Commission recommendation.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YUCAIPA DOES ORDAIN AS FOLLOWS:
Section 1. Findings, Purpose and Intent.
A. This Ordinance is adopted by the City Council pursuant to the City's police powers to protect the health, safety, and general welfare of the public.
B. The City Council finds that the overall use and development of land should be designed for the protection of the public health, safety and welfare; that it is important to ensure that the establishment of all land uses conform to a plan of logical and orderly development of the land. and that present and future land uses be compatible with surrounding land uses; and that incompatible land uses would be aesthetically displeasing, economically detrimental, and harmful to the public health, safety and welfare.
Section 2.
Section 83.030105 (Procedures) of Chapter 3 (Land Use Design Procedures) of Division 3 (Procedures) of the Yucaipa Development Code is hereby amended to read:
"83.030105 Conditional Use Permit Review Criteria.
A Conditional Use Permit or alternate review procedure as allowed by this section shall be required for the construction, alteration, or expansion of every use that is allowed by a land use district subject to a Conditional Use Permit. Additionally, a Conditional Use Permit shall be required for the following:
2 (a)—A-L-aft4-Use-C-emplianeeReview-shal4-13e-feettlireE14e-auther-ize-an-expansien-er-ehange or result in the development of four ('l) or fewer multi family units. (b) A Land Use Compliance Review shall be required to authorize the expansion, ,
footage of the original permitted structure.
by no more than 5,000 square feet.
(d) A Conditional Use Permit shall be required for all new development and for the expansion, alteration, or any disturbance of land associated with an existing commercial, and is greater than 25% of the ground ar a covered by the land use or square footagc of the original permitted structure. Cumulative expansions which meet these criteria also require a Conditional Use Permit.
(a) A Conditional Use Permit shall be required for the conversion of non -conforming structures from one primary land use classification to another (e.g., remodeling of a residential structure for retail commercial or industrial use). (b) A Conditional Use Permit shall be required for those locations that propose to install more than ten (10) mechanical play devices, or to expand an existing amusement arcade, (b) A Conditional Use Permit shall be required for the establishment of any type of land use that proposes to house between two (2) to six (6) parolees. In addition, a new Conditional Use Permit shall be required for the following actions:
(1) The operation of an existing parolee home (unless it was established prior to the effective date of this ordinance).
(2) Any changes in the operating conditions from what was originally imposed by the City, including, but not limited to, the number of parolees or other modifications to the conditions of approval.
(3) Any changes in the operating conditions of an existing parolee home that was lawfully established prior to the effective date of this ordinance. (4) The sale, transfer, or new lease agreement of a parolee home to another individual or entity.
(5) The re-establishment of an existing parolee home that has not been occupied by parolees for a consecutive period of thirty (30) days. (c) Message Therapy Establishments
(d) Off -Sale General (Type 21) alcohol establishments where 10% or more of the retail area is dedicated to alcohol sales"
Section 3. Section 83.030323 (Revocation) of Chapter 3 (Land Use Design Procedures) of Division 3 (Procedures) of the Yucaipa Development Code is hereby added to read:
3 "Section 83.030323 Revocation
(a) Any land use permit granted in accordance with the terms of this Chapter shall be revoked if a finding is made that:
(1) Any of the conditions or terms of such permit are violated; or (2) Any law or ordinance violated in connection therewith; or (3) The permit was obtained by fraud or misrepresentation; or (4) The use permit as implemented is detrimental to the public health or safety or is a nuisance.
(b) The Planning Commission shall hold a public hearing on any proposed revocation after giving ten (10) days' notice prior to the hearing. The Planning Commission shall report in writing its recommendation to revoke, modify or allow the use permit to remain unchanged to the City Council. The City Council shall hold a public hearing and shall determine the facts and may revoke, modify or allow the use permit to remain unchanged."
Section 4.
Section 83.030305 (Procedures) of Chapter 3 (Land Use Design Procedures) of Division 3 (Procedures) of the Yucaipa Development Code is hereby amended to read:
"83.030305 Procedures.
(a) A Land Use Compliance Review application is required to accomplish the following:
(1) A Land Use Compliance Review shall be required to authorize an expansion or change of use which would require additional parking or have an occupant load of more than thirty (30), or result in the development of up to four (4) or fewer additional multi -family units in an existing project.
(2) A Land Use Compliance Review shall be required to authorize the expansion, alteration, or disturbance of land associated with an existing commercial, industrial, institutional, or multiple residential use which cumulatively involves no more than twenty-five percent (25%) or five hundred (500) square feet (whichever is greater) of the ground area covered by the land use or square footage of the original permitted structure.
(3) A Land Use Compliance Review shall be required when an existing publicly owned institutional structure which is less than ten thousand (10,000) square feet in area is altered or expanded by no more than five thousand (5,000) square feet. (4) Authorize the construction or addition of new freestanding or monument signs.
(5) Authorize the construction of a secondary dwelling unit as defined by, and subject to the standards set forth in, Section 84.0510(a)(1). (6) Authorize the construction of up to few ten (410) multi -family dwelling units, unless otherwise specified by an applicable plan.
4 (7) Authorize the conversion of a residential structure from a residential land use to an office land use. (Conversion to a retail commercial land use requires a Conditional Use Permit.)
(8) Authorizes the construction of multiple residential dwelling units in high density multiple residential (RM-24) districts, or high density and mixed -use commercial development where permitted.
(9) Authorize the construction of an accessory dwelling unit as defined by, and subject to the standards set forth in, Section 84.0570. (10) Reauthorize a previously approved Conditional Use Permit, Planning Use Permit or similar land use entitlement that has been expired within the past year, provided there have been no updates to applicable Development Code standards or General Plan policies that would require modifications to the previously approved project design.
(11) Authorize a state -licensed Congregate Living Health Facility (CLHF) that meets the provisions of California Health and Safety Code 1267.16 (c) for persons who are terminally ill in any residential district. (b) The Land Use Compliance Review applies to developments that were subject to a Conditional Use Permit authorization or those uses that were legally established prior to establishment of regulations that required Conditional Use Permit authorizations or similar authorizations.
(c) Procedure
Staff Review without Notice
(d) Reviewing Authority
Community Development Director"
Section 5. Section 83.030505 (Procedures) of Article 5 (Certificate of Land Use Compliance) of Chapter 3 (Land Use Design Procedures) of Division 3 (Procedures) of the Yucaipa Development Code is hereby amended to read:
"83.030505 Procedures.
(a) Purpose. A zoning clearance is a ministerial procedure used by the City to verify that a proposed land use and associated business within a physical site in the City complies with the City's Development Code and is a permissible use within the subject land use district and that it also complies with the occupancy requirements of the existing or proposed structure.
(b) Applicability. A zoning clearance is required prior to the operation of any new business, or any change of business entering a physical site within the City of Yucaipa. (a) The Certificate of Land Use Compliance is used to certify the legal use of property, establish termination dates for nonconforming uses, disclose in public record conditions of 5 operation, and any other long term conditions or restrictions that apply to the subject use or property.
(b) Filing Criteria
condition of approval of any land use application. The certificate shall reflect the information required by the Planning Agcncy and acknowledged by the applicant. The Planning Agency shall cause the certificate to b fl a ra with the County Recorder (c) Application Content. The application shall include all information available on the scale and intensity of the proposed business to assist staff in its review of compliance. (1) The certificate shall identify the real property involved. h tl rt•f that a lega ly thorized by the City
Ca�—�h�62�t�Ct'tt gn��z ii�i's�cgarr�cscicrrorrcca-v�rrr�.. ....� ancl id ti 1 .7 , plic.,tion that . filed to a„thorize the development (3) The certificate shall list the conditions for the development and operation of a use on the site, including any required time limits for the termination of nonconforming uses or structures.
(d) Procedure
Staff Review without Notice
(e) Reviewing Authority
Community Development Director
(f) Conditions of Approval. No new conditions of approval shall be issued with associated with a zoning compliance certification; however, disclosures or specific requirements may be attached to a zoning clearance to identify any high-level permit requirement, such as NPDES reporting requirements, Fire Department inspections or Hazardous Waste reporting requirements, or if any land use entitlements or building permits that are necessary to authorize the business/land use as part of the zoning compliance approval. Absent these disclosures, the Conditions of Approval from the prior land use entitlements would continue to apply regardless of the zoning clearance.
(g) Acknowledgment. A zoning clearance approval shall not become effective until the applicant submits a written acknowledgment and agreement to operate the proposed use in a manner that is consistent with the activity described in the approval." Section 6. Section 83.040110 (Review Procedures) of Chapter 4 (Division of Land Procedures) of Division 3 (Procedures) of the Yucaipa Development Code is hereby amended to read:
"83.040110 Review Procedures.
(a) Tentative Tract Map and Vesting Tentative Map Procedures with more than 10 lots 6 (1) Procedure:
Public Hearing
(2) Reviewing Authority:
Planning Commission
n) W th h ti l public sition t„ the al
(B) Where the proposal is filed concurrently with an application subject to public hearing review procedure)
(C) Where any member of the Development Review Committee objects to (b) Tentative Parcel Map/Minor Subdivision Procedures, or Tract Maps with 10 or less lots, or as otherwise authorized through an administrative review process by an adopted Specific Plan or state law requirement
(1) Procedure:
Staff Review without Notice procedures shall be used, except that Development Review procedures shall also be used when the project is of the type described in California Government Code Section 66426 (a) (b) (c) or (d). (2) Reviewing Authority:
Community Development Director The nit, development director Shall be the decision making authority except when, in the opinion of the community development director, the proposal is controversial or when the proposal is filed concurrently with an application subject to public hearing „d the „blic hearing p edu, shall be f llowed .
(c) Findings
Prior to approving an application for a tentative map or a vesting tentative map, a parcel map or a minor subdivision plot plan, the planning agency shall find the following to be true.
(1) The proposed subdivision, together with the provisions for its design and improvements, is consistent with the General Plan and any applicable specific plan. (2) The site is physically suitable for the type and proposed density of development.
(3) The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially or avoidably injure fish or wildlife or their habitat.
(4) The design of the subdivision or the type of improvements are not likely to cause serious public health problems.
(5) The design of the subdivision or the type of improvements will not conflict with easements acquired by the public at large for access through or the use of property within the proposed subdivision.
7 (6) The design of the subdivision provides, to the extent feasible, passive or natural heating and cooling opportunities.
(7) The proposed subdivision, its design, density, and type of development and improvements conform to the regulations of the Development Code and the regulations of any public agency having jurisdiction by law. (8) If the proposed subdivision is a conversion of residential real property into a condominium project, a community apartment project, or a stock cooperative project, the Planning Agency must make the additional finding that the proposed subdivision shall comply with the requirements of California Government Code Sections 66427.1 (a) and 66452.10 prior to approving the proposed subdivision. (9) In the event that the land within a proposed subdivision is subject to a contract entered into pursuant to the California Land Conservation Act of 1965 (commencing with Section 51200 of Chapter 7 of Division 1 of Title 5 of the California Government Code), and the lot areas are less than that required in Subsection 83.040220 (a) (2) (C), the planning agency must make one of the following additional findings in order to approve the subdivision. (A) The lots created can sustain an agricultural use permitted under the contract, or are subject to a written agreement for joint management pursuant to California Government Code Section 51230.1, and the parcels which are jointly managed total at least 10 acres in size, in the case of prime agricultural land, or 40 acres in size, in the case of land which is not prime agricultural land.
(B) One of the parcels contains a residence and is subject to Section 428 of the California Revenue and Taxation Code; the residence has existed on the property for at least five years; the landowner has owned the parcels for at least 10 years; and the remaining parcels shown on the map are at least 10 acres in size, if the land is prime agricultural land; or at least 40 acres in size, if the land is not prime agricultural land.
(10) Land Project Determination
(A) The proposed subdivision is not a land project; or
(B) The proposed subdivision is a land project; a specific plan covering the area proposed to be included within the project has been adopted by the board of supervisors; and the proposed subdivision, together with the provisions for its design and improvement, are consistent with the adopted specific plan.
(d) Notwithstanding Subsection 83.040110 (c) (3), the planning agency may approve a tentative map, or a parcel map for which a tentative map was not required, if an Environmental Impact Report was prepared with respect to the project and a finding is made pursuant to Subdivision (c) of Section 21081 of the California Public Resources Code that specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the Environmental Impact Report." 8 Section 7.
Section 84.0335 (High Density Multiple Residential (RM-24) District) of Chapter 3 (Land Use Districts) of Division 4 (Land Uses) of the Yucaipa Development Code is amended to read as follows:
-84.0335 High Density Multiple Residential (RM-24) District.
The High Density Multiple Residential (RM-24) District shall be located as specified by the Yucaipa General Plan.
(a) Permitted Land Uses
(1) Row, field, tree, and nursery crop cultivation.
(2) Multiple -family dwelling units as specified by Chapter 13 of Division 8.
Compatible Neighborhood Commercial uses may be integrated to provide mixed -use development on sites that are located along a Major Highway or Secondary Highway as identified by the General Plan.
(3) Accessory uses as specified by Chapter 5 of this division. (b) Property Development Standards
The following property development standards shall apply to all multi -family land uses within the RM-24 District.
Maximum Structure Height
ti.
45 feet
Minimum Lot Size
5 2 gross acres
Maximum Lot Coverage
60%
Maximum Building Coverage
50%
Maximum Lot Dimensions (width/depth ratio)
10 acres = 1:4
Front Yard Setback (single story)
25 feet min. 30 feet avg.
Front Yard Setback (multi -story)
35 feet min. 40 feet avg.
Side Yard Setbacks (single story)
10 feet
Side Yard Setbacks (multi -story)
20 feet
Rear Yard Setbacks (single story)
15 feet
Rear Yard Setbacks (multi -story)
20 feet
Street Side Yard Setbacks (for local streets)
20 feet
Street Side Yard Setbacks (collector streets)
25 feet
Maximum Housing Density
24 du/ac
Minimum Housing Density
20 du/ac
Minimum District Size
5 gross acres
(1) The establishment of the High Density Multiple Residential (RM-24) District is intended to facilitate the implementation of General Plan policies that allow for the development of high quality multiple -family housing that may include dwelling units that are also affordable to lower income households. The district provides alternate review procedures and development standards for the existing requirements that are specified by this Code. When the High Density Multiple Residential (RM-24) District is established on any property, including property 9 Section 8.
within the Freeway Corridor Specific Plan, the review procedures and development standards used for that site shall be those that are set forth above and in Chapter 13 of Division 8 of this Code.
(2) Multiple -family dwelling units constructed in the High Density Multiple Residential (RM-24) District shall be permitted by right, pursuant to the administrative review procedures contained in Development Code Section 83.030305, and the development review procedures contained in the City's Architectural/Design Review application.
(3) Mixed -use Development shall be granted a maximum height increase of 20%. Projects that exceed the base height shall be designed such that the top two stories are recessed a minimum of 10 feet from the horizontal plane of the building footprint."
Section 84.0330 (Multiple Residential (RM) District) ;of. Chapter 3 (Land Use Districts) of Division 4 (Land Uses) of the Yucaipa Development Code is amended to read as follows:
"84.0330 Multiple Residential (RM) District.
The Multiple Residential (RM) District shall be located as specified by the Yucaipa General Plan. (a) Permitted Land Uses
(1) Row, field, tree, and nursery crop cultivation on parcels of 10,000 sq. ft. or greater. Any structure associated with this activity is limited to 1,000 square feet. (2) Single dwelling unit.
(3) Small residential care facility.
(4) Accessory uses as specified by Chapter 5 of this division. (5) Small family day care home.
(6) FOlif Ten or fewer multiple dwelling units, subject to Land Use Compliance Review.
(b) Land Uses Subject to Conditional Use Permit
(1) Five or more More than 10 multiple -dwelling units. (2) Mobilehome parks (minimum parcel size-10 acres).
(3) Planned developments.
(4) Parolee homes.
(5) Supportive housing.
(6) Transitional housing.
(7) Large residential care facility.
(8) Large family day care home.
(9) Boarding house.
(10) Bed and breakfast lodge.
(11) Botanical gardens and arboretums.
(12) Historic and monument sites.
10 (13) Unmanned public utilities and services uses/structures. (14) Unmanned radio and television stations/towers.
(15) Wildlife and nature preserves.
(c) Property Development Standards
The following property development standards shall apply to all land uses within the RM District. Single Residential (RS) District development standards shall apply to all single- family land uses within the RM District. Projects are also subject to the Multiple Residential Design Standards of this code and the Citywide Design Guidelines.
Maximum Structure Height
35 feet
Minimum Lot Size (map suffix will modify)
7,200 sq. ft.
Maximum Lot Coverage
60%
Maximum Building Coverage
60%
Maximum Lot Dimensions (width/depth ratio)
10 acres = 1:4
Minimum Lot Dimensions (width/depth in feet)
75/100 interior
Minimum Lot Dimensions (width/depth in feet)
85/100 corner
Front Yard Setback (Single Story)
25 feet
Front Yard Setback (Multi Story)
30 feet
Side Yard Setbacks (Single Story)
10 feet
Side Yard Setbacks (Multi Story)
20 feet
Rear Yard Setbacks
15 feet
Street Side Yard Setbacks (for local streets)
15 feet
Street Side Yard Setbacks (collector streets)
25 feet
Maximum Housing Density
8.7 du/acre
Minimum District Size
10 gross acres
(1) A final or parcel map may establish front yard setbacks of not less than 22 feet, provided the average setback of all parcels is at least 25 feet. (2) Smaller lot sizes shall be allowed to facilitate a small -lot subdivision, as defined by the Development Code, which are designed to emulate a traditional single-family subdivision and ownership. Such projects shall comply with the City's design standards that govern Multiple Residential development, as well as the permitted maximum housing density."
Section 9.
Section 87.0630 (Residential Uses) of Chapter 6 (Parking Regulations) of Division 7 (General Design Standards) of the Yucaipa Development Code is amended to read as follows:
"Section 87.0630 Residential Uses.
(a) Dwellings, including multiple dwellings: two parking spaces on the same site with the main building for each dwelling unit; such parking spaces shall be located to the rear of the front setback line, except that in mountain areas the parking spaces may be located within the setback areas; tandem parking shall be prohibited except in mountain areas. 11 (b) Mobilehome parks: two parking spaces (which may be in tandem) on each mobilehome lot; there shall also be established and maintained within each mobilehome park one parking space for each 10 spaces or fraction thereof within the mobilehome park, for visitor use.
(c) Single-family detached condominiums or small lot subdivisions: each two bedroom or larger dwelling unit shall be provided with two parking spaces within a fully enclosed garage; plus two additional open parking spaces for each four bedroom unit, and one additional open parking space for each two or three bedroom unit; and guest parking shall be provided at one-half open parking space for each dwelling unit. (d) If a housing development meets the requirements of 83.010715, the parking requirement shall be those specified under 83.010730."
Section 10. Chapter 2 (Multiple Residential Design Standards) of Division 8 (Specific Use Design Standards) of the Yucaipa Development Code is amended to read as follows:
"88.0201 General Provisions.
(a) INTENT. The purpose of this chapter is to provide quality development guidelines for multiple -unit residential development within the City of Yucaipa. (b) LOCATIONAL REQUIREMENTS. The Multiple Residential Design Standards shall be applied in the City of Yucaipa in all Residential land use districts where the residential designation is preceded by the RM designation, except for RM-24. (c) REVIEW REQUIREMENTS. A Conditional Use Permit and a public hearing shall be required for all proposed multi -family projects of five (5) or more than 10 units in areas of the City zoned RM. If a "small lot subdivision" is proposed, as defined by Division 12 of the Development Code, a subdivision map shall instead be filed. All common space areas shall be identified as lettered lots. Factor u e to determine ^if^ den it y and service levels.
88.0205 Parking Requirements.
(a) Each two bedroom or larger dwelling unit shall be provided with two (2) parking spaces within a fully enclosed garage. Each dwelling unit with a single bedroom shall be provided with two parking spaces within a covered carport or fully enclosed garage, at developer's option. An attempt shall be made to locate the carport/garage adjacent to the unit being served. If not adjacent to the unit being served, the carport/garage shall be located within one hundred fifty (150) feet of the dwelling unit it is designed to serve. For single-family detached condominiums or small lot subdivisions, each two bedroom or larger dwelling unit shall be provided with two (2) parking spaces within a fully enclosed garage; plus two (2) additional open parking spaces for each four bedroom unit, and one (1) additional open parking space for each two or three bedroom unit. 12 (b) One parking space for each two dwelling units shall be provided for guest parking.
Such parking shall be distributed throughout the development site. (c) Required parking spaces shall be side by side and tandem parking shall not be counted toward minimum parking requirements.
(d) Unless otherwise approved by the Planning Commission and/or City Council, in projects containing more than two units, on -street parking shall not be used to satisfy any of the above parking requirements.
(e) If a housing development meets the requirements of 83.010715, the parking requirement shall be those specified under 83.010730.
88.0210 Dwelling Size and Amenities.
(a) One (1) bedroom units shall be a minimum of seven hundred fifty (750) square feet; two (2) bedroom units shall be a minimum of nine hundred (900) square feet; three (3) or more bedroom units shall be a minimum of one thousand fifty (1,050) square feet. (b) In no case may any building structure exceed two stories. (c) All bedrooms in any unit shall have a minimum of one hundred (100) square feet, including any closet space. Projects with plans showing a bonus room, den or other similar nomenclature shall be treated as if an additional bedroom were being proposed, if said room has direct access to a bathroom and/or contains closet space. (d) A laundry facility, including washer and dryer hook-ups, shall be provided within each residential unit or in an attached garage. Automatic garbage disposal shall be provided in each dwelling unit.
(e) Each dwelling unit shall have a minimum of private open space of one hundred fifty (150) square feet, in the form of patio or private yard, with a minimum dimension of ten (10) feet. For units above the ground unit, one or two balconies with a combined area of one hundred (100) square feet shall be provided.
Pla C . «. a/o City Co cil if the e de elo nt ntaina_ other (f) At least three items from the following list of amenities shall be provided to each unit:
*only one (1) of these items can be chosen from 5, 6, 7, or 11. (1) fireplace
(2) bay or kitchen greenhouse windows
(3)
(4)
(5)
(6)
skylights
oversized closets
refrigerator*
automatic dishwasher*
13 (7) washer/dryer units*
(8) entry courtyard or arbor
(9) decorative doors
(10) enclosed garage, where not required
(11) air conditioner*
(12) security alarm system
(13) automatic garage door opener
(14) other comparable features
(g) Each door providing ingress and egress to any dwelling unit subject to this ordinance shall be equipped with the following devices:
(1) A peephole allowing a person inside the unit to see, at a wide angle, persons outside of the unit at the door, without the person inside being seen. The Planning Commission and/or City Council may consider other options to a peephole which provide like security features.
(2) A deadbolt lock attached to the construction studding. Attachment to the doorjamb or trim shall not be sufficient to comply with the terms of this ordinance. (h) All multi -level multiple -family residential structures shall be provided with a water closet on the ground floor.
88.0215 Site Amenities.
(a) Multi -family projects containing more than five (5) units shall provide an entry statement, consisting of at least one of the following:
(1) hardscape structure (trellis, decorative garden wall, landscaped berming, decorative gate, etc.)
(2) specimen landscaping (large, distinctive vegetation) or mature trees (3) textured or stamped concrete
(4) monument signage with accompanying landscaping
(5) or other comparable installations, as approved by the Planning Commission and/or City Council
(b) Trash collection areas shall be provided within two hundred (200) feet of the farthermost unit they are to serve, and shall be situated so as to eliminate noise and visual intrusion on adjacent property as well as to eliminate fire hazard to adjacent structures.
Trash enclosures shall be of masonry construction, comply with the City's enclosure design standard, and shall be easily accessible to all residents. The location shall also be accessible to and -trash collection vehicles as determined and approved by the City's franchised waste hauler.
(c) Each project shall provide outdoor open space for recreation and leisure activities within the development site in the following manner:
14 (1) Outdoor open space shall comprise not less than forty (40) percent of the net acreage. Public driveways, parking spaces, or other areas designated for operational functions are not considered open space. Open space may include game courts or room, saunas, tennis courts, putting greens, play lots, outdoor cooking areas, lawn bowling, and front and rear and side yard setbacks, if landscaped and greater than the minimums required. Private patios and/or yards attached to individual units may be computed as required open space. In projects that
include a majority of two or more bedroom units, the City sly -me -ear -ages requires the development of a portion of the required open space as a children's' play lots.
(2) Swimming pools, with related deck areas, wading pools, fish ponds, volleyball courts, tennis courts, barbecue areas, game rooms, or other recreational facilities provided for the common use of all the residents may be constructed within the required outdoor living space; provided, however, that such facilities shall not occupy more than fifty (50) percent of the required outdoor living space. (3) Projects containing more than twenty-five (25) units will require installation of at least one (1) community focal point per project. The community focal point should be designed to function as a central meeting space for use by project residents. These areas shallsheuld include shading, seating, and decorative features consistent with the style and design of the units, or may be enclosed within a structure, which features the same architectural detailing, including materials, roof projections and slopes, and lighting of the predominate elevation type, to function as a multi -purpose recreation/meeting room. The focal point should be centrally located and accessible to all individuals. Such facilities may not occupy more than fifty (50) percent of the required outdoor living space. (d) Under all conditions, the open spaces created pursuant to the provisions of this ordinance shall remain open and available for such use during the life of the development.
88.0220 Architecture.
(a) Architectural plans will be subject to review by the City Architect, and approval of the Planning Commission and/or City Council. In addition to the Citywide Design Guideline requirements, genefalr ' the following standards will applybe-applied wherever pessible:
(1) Building Massing: Buildings must be interesting and should display an integrity of design and style. Flat, unarticulated building faces are strongly discouraged. Simple, stucco -box structures with standard simple roofs and tack on highlights should be avoided. Building shapes and wall massing should be varied.
Wall relief should be provided by introducing variables into the building equation.
Rectangular box shapes should be avoided in favor of second floor tiering and increasing the number of major building faces.
(2) Unit Entry Areas: Entry areas should be utilized to articulate building faces and provide a recognizable, perhaps more formal entry way to units. Entry areas should be located on different faces of the building to avoid a "motel -look." 15 Stairways and entries should be recessed, covered, or treated in such a fashion as to increase the sense of arrival and provide shelter from natural elements. (3) Roof and Roof Lines: Wood -shake roof materials are prohibited in new multi- family development due to fire hazards. Roof lines should be varied and interesting.
Long, continuous expanses of simple roofs should be avoided. Hips and gables should be provided when consistent with other architectural elements. Rooftop equipment should be screened from street view.
(4) Scale: Buildings should be in scale for the area in which they are proposed, and should be compatible with surrounding properties. Views of existing residences shall be protected wherever possible.
(5) Perimeter walls, fencing or other screening will be required where appropriate.
In general, backyards and parking areas should be screened from street view.
88.0225 Landscape.
(a) Landscape plans will be subject to review by the City Planning Director and approval by the Planning Commission and/or City Council. In addition to the Citywide Design Guideline requirements, general, it is anticipated that the following standards will apply :
(1) Setback areas shall include landscape installations. (2) All parking lots, more than four (4) spaces,—sheuldshall be provided with pockets for trees or shrubs, unless covered parking is provided. Landscape plans should be designed to provide reasonable shade for the parking lot areas, and the following standards shall apply to parking lots:
(A) A minimum five (5) foot wide (inside dimension) planter shall be provided at the end of parking aisles that includes shade trees. (B) A four (4) foot wide (inside dimension) diamond planter island shall be provided after every four (4) parking spaces that includes shade trees.
(C) Areas with double parking rows are encouraged to include planter medians between the rows. Opportunities for pedestrian pathways within the median, and/or the use of bio-swales to support water quality design requirements shall be used wherever possible.
(3) Buildings should be provided with proper landscape screening. Landscape cutouts and pockets should generally be provided along building walls, at building corners, or other highly visible locations around buildings. (4) All plant and tree material should be verifiably appropriate for use in the Yucaipa area. Consideration should be given to resistance to drought, water requirements, adaptability to wind (if appropriate), longevity, and ease of maintenance. A specific attempt should be made to utilize plant palettes and design plans which serve to promote energy and water conservation. (5) Invasive species (cottonwood or ash for example) should be installed away from hardscape improvements, or provided with root barriers, or avoided. (6) Irrigation systems should generally avoid spray methods in favor of bubbler or drip systems. Lines shall be placed underground.
16 (7) On -site native vegetation should be incorporated into site or landscape plans wherever feasible. Special effort should be made to preserve and incorporate existing trees into design schemes. Mature trees removed from a site shall be replaced two to one with minimum 24 inch box trees, unless prohibited by site dimensions. Where feasible, natural vegetation should be allowed to re-establish itself.
(8) Parking lots should be screened from street view wherever possible. (9) Sidewalks are required in conjunction with all new multi -family residential development. Builders/developers should extend landscaping beyond the property to the sidewalk or curb line.
(10) Building faces should be softened by tree installation over a reasonable period of time. Trees shall be selected to include varietals that will reach the building's height at maturity.
(11) Buffer areas between potentially conflicting uses should Areas adjacent to other development shall be well planted with large shrubs and fast-growing evergreen trees.
Developer applicant shall causc a Noticc of at lest 12" x 24" to be erected on any property where prominently displayed and shall state a description of the project.
88.0235 Multiple Residential Building Separations.
The following separations shall apply to any lot containing two or more dwelling units which are in separate detached structures. The separations shall be between opposite exterior walls. Walls shall be considered opposite if a perpendicular line drawn in a horizontal plane from one structure intersects another structure's wall. The front side of a unit is the one containing the primary entrance to the dwelling unit.
Building Orientation
Separation
Side -to -Side
10 feet
Rear -to -Rear or Front -to -Side
15 feet
Front -to -Rear
20 feet
Front -to -Front or Interior Court Space
25 feet
Interior Court Space with Parking Access
30 feet
All Others
20 feet
Section 11. Chapter 18 (Alcohol Establishments) of Division 8 (Specific Use Design Standards) of the Yucaipa Development Code is added to read as follows:
"Section 88.01801 General Provisions
Section 88.01805 Definitions
Section 88.01810 Conditional Use Permits for Certain New Alcohol Beverage Sales Activities Section 88.01815 Operational Standards
17 Section 88.01820 Automatic Deemed Approved Status
Section 88.01805 General Provisions
(a) Purpose. The purpose of this article is to establish standards for the City's alcohol establishments, and specifically requires Conditional Use Permits for the operation of certain alcohol beverage sales activities and confers deemed approved status for such existing alcohol beverage sales activities that constitute legal nonconforming uses. Enforcement of these provisions shall be subject to the provisions of Chapter
1.12 of the Municipal Code.
(b) Intent. The regulations described in this chapter have been developed for the following purposes:
(1) To protect residential, commercial, industrial, civic and institutional areas and minimize the adverse impacts of nonconforming and incompatible uses; (2) To provide mechanisms to address problems often associated with the locations of alcohol sale establishments such as litter, loitering, graffiti, and unruly behavior, and ensure that alcohol beverage sales establishments are not the source of public nuisances in the community;
(3) To provide for properly maintained alcohol beverage sales establishments so that the negative impacts generated by these activities are not harmful to the surrounding environment in any way;
(4) To monitor deemed approved establishments to ensure they do not substantially change in mode or character of operation; (5) To provide opportunities for alcohol beverage sales establishments to operate in a mutually beneficial relationship to each other and to other surrounding uses.
Section 88.01805 Definitions
The meaning and construction of the words and phrases set forth below shall apply throughout this chapter, except where the context clearly indicates a different meaning or construction:
(a) Alcohol Beverage: Alcohol, spirits, liquor, wine, beer, and any liquid or solid containing alcohol, spirits, liquor, wine or beer, that contains one-half of one percent or more of alcohol by volume and that is fit for beverage purposes either alone or when diluted, mixed or combined with other substances, the sale of which requires an ABC license.
(b) Alcohol Beverage Sales Facility: The retail sale of alcohol beverages for on site or off site consumption.
(c) Alcohol Beverage Sales Establishment: An establishment where alcohol beverage sales activity occurs. Alcohol beverage sales establishments including, but not limited to, the following recognized types of establishments: grocery stores, liquor stores, beer and wine stores, convenience markets, specialty food markets, retail sales 18 establishments, wine shops, bowling alleys, billiard or game parlors, service stations, social halls, taverns, cocktail lounges, dance halls, nightclubs, bars, and alcohol beverage tasting rooms. This definition excludes fast food establishments, restaurants (serving of alcohol beverages with meals only), manufacturing, wholesale, and temporary events.
(d) California Department of Alcohol Beverage Control, or ABC: The department of the state of California empowered to act pursuant to article 20, section 22, of the California constitution and authorized to administer the provisions of the alcohol beverage control act.
(e) Condition of Approval: Requirements that must be carried out by a new alcohol beverage sales activity in connection with a conditional use permit, or by a legal nonconforming alcohol beverage sales activity to comply with deemed approved performance standards to retain its deemed approved status. (f) Deemed Approved Activity: Any legal nonconforming alcohol beverage sales activity. Such activity shall be considered a deemed approved activity as long as it complies with the deemed approved performance standards set forth in this chapter. (g) Deemed Approved Status: The permitted use of land for a deemed approved activity. Deemed approved status replaces legal nonconforming status with respect to an alcohol beverage sales activity and remains in effect as long as the activity complies with the deemed approved provisions and performance standards. (h) Illegal Activity: An activity which has been determined to be in noncompliance with the deemed approved provisions and performance standards. Such an activity shall lose its deemed approved status and shall no longer be considered a deemed approved activity.
(i) Legal Nonconforming Alcohol Beverage Sales Activity or Legal Nonconforming Activity: An alcohol beverage sales activity which was a nonconforming use pursuant to the City's nonconforming use regulations and for which a valid ABC license had been issued and used in the exercise of the rights and privileges conferred by the license at a time immediately prior to the effective date hereof. Such an activity shall be considered a deemed approved activity and shall no longer be considered a legal nonconforming activity.
(j) Operational Standards: Regulations for the business practice activities and land use for locations with a conditional use permit or those further requirements imposed to achieve these goals. Operational standards constitute requirements which must be complied with by an establishment in order to maintain its conditional use permit. (k) Performance Standards: Regulations for the business practice activities and land use for locations with deemed approved status or those further requirements imposed to achieve these goals. Performance standards constitute requirements which must be complied with by an establishment in order to retain its deemed approved status. (1) Permit: A Conditional Use Permit issued pursuant to this chapter. (m) Permittee: The individual or entity that owns an alcohol beverage sales establishment and to whom a conditional use permit to operate an alcohol beverage sales establishment has been issued by the City.
(n) Restaurant: A bona fide eating establishment where a dining area is provided to eat meals that are prepared and served on the premises and alcohol beverage sales do not exceed fifty percent (50%) of all sales at any time. 19 (p) Surrogate Sales: The purchasing of alcohol by an individual on behalf of another individual, typically an adult purchasing alcohol on behalf of or for consumption by a minor.
(q) Type 21 Licensed Establishment: A type of license provided by ABC for an establishment that allows for the off -premises sales of beer, wine, and liquor.
Section 88.01810 Conditional Use Permits for Certain New Alcohol Beverage Sales Activities (a) Conditional Use Permit Requirement. The general purpose of these regulations is to protect and promote the public health, safety, comfort, convenience, prosperity and general welfare by requiring consideration and approval of a discretionary land use approval before certain new alcohol beverage sales activities are permitted. This chapter alone does not allow or permit alcohol beverage sales activities, but only applies to these activities where otherwise allowed or permitted within an applicable land use or zoning district. All new alcohol beverage sales establishments are required to comply with the operational standards and objectives set forth in this chapter. The provisions of this chapter are intended to complement the state of California alcohol related laws. The City does not intend to replace or usurp any powers vested in the ABC. Businesses are also required to have a City -issued business license. (b) Specific Establishments Subject to Requirement. The following establishments shall require a Conditional Use Permit:
(1) Type 21 Licensed Establishments, except for grocery and retail stores where alcohol sales are incidental to the interior retail sales of food and home goods and where alcohol sales and alcohol storage occupies no more than 10% of the interior retail store area, excluding areas for tobacco -related products. (c) Additional Findings for Approval. In addition to the standard Findings for approval of a Conditional Use Permit, the Planning Commission shall also determine that the following is also true:
(1) The establishment is in a land use district in which the establishment is a conditionally permitted use.
(2) That the operations of the establishment do not cause or result in adverse effects to the health, welfare, peace or safety of persons visiting, residing, working, or conducting business in the surrounding area. (3) That the establishment does not jeopardize or endanger the public health or safety of persons visiting, residing, working or conducting business in the surrounding area.
(4) That the operations of the establishment will not aggravate existing problems in the neighborhood created by the sale of alcohol such as disturbance of the peace, illegal drug activity, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, sale of stolen goods, public urination, theft, assaults, batteries, acts of vandalism, littering, loitering, graffiti, illegal parking, excessive loud noises, especially in the late 20 night or early morning hours, traffic violations, curfew violations, lewd conduct, or police detentions and arrests.
(5) The establishment will not detrimentally affect nearby neighborhoods considering the distance of the alcohol establishment to residential buildings, schools, parks, playgrounds or recreational areas, nonprofit youth facilities, places of worship, hospitals, alcohol or other drug abuse recovery or treatment facilities, social service offices, or other alcohol beverages sales activity establishments.
(6) The establishment will otherwise be compatible with existing and potential uses within the surrounding area.
(7) If the activity will be in an area that has been determined by the ABC to have an undue concentration of licenses as defined in Business and Professions Code Section 23958.4(a), a separate Finding of "public convenience and necessity" shall also be issued.
(d) Use -Specific Standard Conditions of Approval. As part of the approval of certain alcohol establishments, the Planning Commission may incorporate the following standard conditions of approval:
(1) Operations
(A) Posting of Signs: The following signs may be required to be prominently posted in a readily visible manner in English, Spanish, and the predominant language of the patrons:
(i) "California State Law Prohibits The Sale Of Alcohol Beverages To Persons Under 21 Years Of Age"
(ii) "No Loitering Or Public Drinking"
(iii) "It Is Illegal To Possess An Open Container Of Alcohol In The Vicinity Of This Establishment"
(B) Presentation Of Documents: A copy of the conditions of approval and the ABC license may be required to be kept on the premises of the establishment and presented to any law enforcement officer or authorized state or City official upon request.
(C) Mitigating Alcohol Related Problems: The establishment may be required to operate in a manner appropriate with mitigating alcohol related problems that negatively impact those individuals living or working in the neighborhood including, but not limited to, sales to minors, surrogate sales, the congregation of individuals, violence on or near the premises, drunkenness, public urination, solicitation, drug dealing, drug use, loud noise and litter.
(D) Loitering: The establishment's operators or employees may be required to discourage loiterers and to ask persons loitering longer than fifteen (15) minutes to leave the area and contact local law enforcement officials for enforcement of applicable trespassing and loitering laws if persons requested to leave fail to do so (E) Hours of Operation: The sale of alcohol beverages may be restricted to certain hours of each day of the week unless limited further by the 21 ABC, particularly to coincide with adjoining land uses (such as school hours)
(F) Business Licenses: Uses subject to the provisions of this Chapter shall maintain an annual City Business License.
(2) Sale Limitations
(A) Single serving beverages. To discourage nuisance activities, alcohol beverage sales establishments may be prohibited from selling one or more of the following products:
(i) Single containers of beer or malt liquor.
(ii) Containers of beer or malt liquor not in their original factory packages of 6-packs or greater.
(iii) Individual containers of beer or malt liquor larger than twenty-four (24) to thirty-nine (39) ounces.
(iv) Distilled spirits in bottles or containers smaller than three hundred seventy-five milliliters (375 ml).
(v) Cooler products, either wine in bottles that are less than seven hundred milliliters (750m1), or malt beverage -based beverages, in less than 4-pack quantities.
(B) Chilled Alcohol Beverages: An alcohol beverage sales establishment may be prohibited from maintaining refrigerated or otherwise chilled alcohol beverages on the premises.
(C) Cups: An alcohol beverage sales establishment may be prohibited from the sale or distribution of paper or plastic cups in quantities less than their usual and customary packaging to their customers. (3) Security.
(A) Security Cameras: The establishment shall be required to implement a video camera safety plan which may include:
(i) Digital video camera system which records activity of patrons and employees at service counters, store entrances and exits, parking lot entrances and exits, and primary parking areas. (ii) Video recordings must be stored and retrievable for a minimum period of seven (7) days from the time of recording. (iii) Video clarity must be such that a person's facial features can be identified from the video.
(iv) The video system must be engaged, and recording at all times, while the establishment is open to the public. The system must be maintained in working order at all times.
(v) The video system must be approved by the Yucaipa Police Department.
(B) Vegetation: Any required exterior vegetation shall be maintained in a manner that minimizes its use as a hiding place.
Section 88.01815 Operational Standards
(a) All new alcohol beverage sales establishments shall be designed, constructed, and operated to conform to all of the following operational standards:
22 (1) That the establishment does not result in adverse effects to the health, welfare, peace or safety of persons visiting, residing, working, or conducting business in the surrounding area.
(2) That the establishment does not jeopardize or endanger the public health or safety of persons visiting, residing, working, or conducting business in the surrounding area.
(3) That the establishment does not result in repeated nuisance activities within its premises or in close proximity of the premises, including, but not limited to, disturbance of the peace, illegal drug activity, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, sale of stolen goods, public urination, theft, assaults, batteries, acts of vandalism, littering, loitering, graffiti, illegal parking, excessive loud noises, especially in the late night or early morning hours, traffic violations, curfew violations, lewd conduct, or police detentions and arrests.
(4) That the establishment complies with all provisions of local, state and/or federal laws, regulations or orders, including, but not limited to, those of the ABC, California Business And Professions Code sections 24200, 24200.6, and 25612.5, as well as any condition imposed on any permits issued pursuant to applicable laws, regulations or orders.
(5) That the establishment's upkeep and operating characteristics are compatible with, and will not adversely affect the livability or appropriate development of abutting properties and the surrounding neighborhood. (6) That the owners and all employees of the establishment complete an approved course in "responsible beverage sales" (RBS) within sixty (60) days of hire for employees hired after the passage of this chapter, or within six (6) months of the passage of this chapter for existing employees. To satisfy this requirement, a certified program must meet the standards of the California coordinating council on responsible beverage service (CCC/RBS) or other certifying/licensing body designated by the state of California. (b) A copy of the operational standards, any applicable ABC or City operating conditions, and any training requirements shall be posted in at least one prominent place within the interior of the establishment where it will be readily visible and legible to the employees and patrons of the establishment. (c) Noncompliance with the standards may result in the suspension or revocation of the Conditional Use Permit for the establishment. The City shall utilize its enforcement processes listed under Chapter 1.12 of the Municipal Code, and once the third citation has been issued, the revocation process listed under Section 83.030323 of the Development Code may be initiated.
Section 88.01820 Automatic Deemed Approved Status
(a) The deemed approved alcohol beverage sales regulations shall apply to all alcohol beverage sales activities that are subject to a Conditional Use Permit requirement pursuant to this chapter and that have been legally established and operating, without 23 a Conditional Use Permit, within the City as of the effective date hereof. Each deemed approved activity shall retain its deemed approved status if it complies with the performance standards of this chapter. The occurrence of any of the following shall terminate the deemed approved status of the alcohol beverage sales activity and require the issuance of a Conditional Use Permit to continue the alcohol beverage sales activity:
(1) An existing alcohol beverage sales establishment changes its activity so that ABC requires a different type of license.
(2) There is a substantial modification to the mode or character of operation. (3) As used herein, the phrase "substantial change of mode or character of operation" includes, but is not limited to, the following:
(A) The off -site alcohol beverage sales establishment increases the floor or land area or shelf space devoted to the display or sales of any alcohol beverage.
(B) The off -site alcohol beverage sales establishment extends the hours of operation.
(C) The alcohol beverage sales establishment proposes to reinstate alcohol sales after the ABC license has been either revoked or suspended for a period greater than thirty (30) days by ABC. (D) The alcohol beverage sales establishment voluntarily discontinues active operation for more than ninety (90) consecutive days or ceases to be licensed by the ABC.
(4) A substantial change in the mode of character of operation shall not include:
(A) Reestablishment, restoration or repair of an existing alcohol beverage sales establishment on the same premises after the premises have been rendered totally or partially inaccessible by a riot, insurrection, toxic accident or act of God, provided that the reestablishment, restoration or repair does not increase the sales or service of any alcohol beverage, extend the hours of operation of any establishment or add to the capacity, floor or land area or shelf space devoted to alcohol beverages of any establishment that sells or serves any alcohol beverages.
(B) Temporary closure for not more than ninety (90) days in cases of vacation or illness or for purposes of repair, renovation, or remodeling if that repair, renovation, or remodeling does not change the nature of the premises and does not increase the sales or service of any alcohol beverage, extend the hours of operation of any establishment, or add to the capacity, floor or land area, or shelf space devoted to alcohol beverages of any establishment that sells or serves any alcohol beverages.
(5) If it is determined by the City that there has been a discontinuance of active operation for ninety (90) consecutive days or a cessation of ABC licensing, it may be resumed only upon the granting of a Conditional Use Permit as provided in this chapter.
24 (b) Operational Standards. All deemed approved alcohol beverage establishments shall comply and satisfy the provisions identified in Section 88.01815 of this chapter. (c) Notification of Deemed Approved Establishments. The City shall notify the owner of each deemed approved activity, and, if not the same, any property owner at the address shown on the property tax assessment records of the activity's deemed approved status. The notice shall be sent by U.S. first class mail and certified mail return receipt requested and shall include a copy of the operational standards in this chapter with the requirement that they be posted in a conspicuous and unobstructed place visible from the entrance of the establishment for public review. This notice shall also provide that the activity is required to comply with all operational standards and that the activity is required to comply with all other aspects of the deemed approved regulations. Failure of any person to receive notice given pursuant to this chapter shall not affect the deemed approved status of the activity. (d) Enforcement of Violations. Deemed approved establishments shall be subject to the same procedures as those identified under Section 88.01815(c) of this Chapter." Section 12. Chapter 19 (Massage Therapy Establishments) of Division 8 (Specific Use Design Standards) of the Yucaipa Development Code is added to read as follows:
"Section 88.01901 General Provisions
Section 88.01905 Conditional Use Permits for New Massage Therapy Establishments Section 88.01810 Automatic Deemed Approved Status
Section 88.01801 General Provisions
(a) Purpose. The purpose of this article is to specifically require Conditional Use Permits for the operation of Massage Therapy Establishments and confers deemed approved status for such Massage Therapy Establishments that constitute legal nonconforming uses. Enforcement of these provisions shall be subject to the provisions of Chapter 1.12 of the Municipal Code.
(b) Definitions
The meaning and construction of the words and phrases set forth below shall apply throughout this chapter, except where the context clearly indicates a different meaning or construction, and support the definitions found in Chapter 5.22 of the Municipal Code:
(1) Deemed Approved Activity: Any legal nonconforming message therapy establishment. Such activity shall be considered a deemed approved activity as long as it complies with the deemed approved performance standards set forth in this chapter.
25 (2) Deemed Approved Status: The permitted use of land for a deemed approved activity. Deemed approved status replaces legal nonconforming status with respect to a massage therapy establishment and remains in effect as long as the activity complies with the deemed approved provisions and performance standards.
(3) Illegal Activity: An activity which has been determined to be in noncompliance with the provisions found in Chapter 5.22 of the Municipal Code. Such an activity shall lose its deemed approved status and shall no longer be considered a deemed approved activity.
(4) Permit: A Conditional Use Permit issued pursuant to this chapter.
Section 88.01905 Conditional Use Permits for New Massage Therapy Establishments (a) Conditional Use Permit Requirement. The general purpose of these regulations is to protect and promote the public health, safety, comfort, convenience, prosperity and general welfare by requiring consideration and approval of a discretionary land use approval before any new message therapy establishment is permitted. This chapter alone does not allow or permit any message therapy establishment, but only applies to these activities where they are otherwise allowed or permitted within an applicable land use or zoning district. Individual on -call massage therapists are not subject to this requirement. Businesses are also required to have a City -issued business license. (b) Conditions of Establishments. All establishments shall, at a minimum, comply with the provisions listed in Chapter 5.22 of the Municipal Code. Noncompliance with the standards may result in the suspension or revocation of the Conditional Use Permit for the establishment. The City shall utilize its enforcement processes listed under Chapter 1.12 of the Municipal Code, and once the third citation has been issued, the revocation process listed under Section 83.030323 of the Development Code may be initiated.
Section 88.01910 Automatic Deemed Approved Status
(a) The deemed approved message therapy establishment regulations shall apply to all message therapy establishment that are subject to a Conditional Use Permit requirement pursuant to this chapter and that have been legally established and operating, without a Conditional Use Permit, within the City as of the effective date hereof. Each deemed approved activity shall retain its deemed approved status if it complies with the underlying Conditions of Approval for their Message Therapy Establishment permit under Chapter 5.22 of the Municipal Code. The occurrence of any of the following shall terminate the deemed approved status of the message therapy establishment and require the issuance of a Conditional Use Permit to continue the message therapy establishment:
(1) There is a substantial modification to the mode or character of operation. (2) As used herein, the phrase "substantial change of mode or character of operation" includes, but is not limited to, the following:
26 (A) The message therapy establishment increases the floor area dedicated to message activities, including the addition of beds, rooms, or additional message therapists during a single shift. (B) The message therapy establishment extends the hours of operation. (C) The message therapy establishment voluntarily discontinues active operation for more than ninety (90) consecutive days or ceases to be licensed by the ABC.
(3) A substantial change in the mode of character of operation shall not include:
(A) Reestablishment, restoration or repair of an existing message therapy establishment on the same premises after the premises have been rendered totally or partially inaccessible by a riot, insurrection, toxic accident or act of God, provided that the reestablishment, restoration or repair does not increase the operation of the message therapy establishment as it was prior to such event.
(B) Temporary closure for not more than ninety (90) days in cases of vacation or illness or for purposes of repair, renovation, or remodeling if that repair, renovation, or remodeling does not change the nature of the premises and does not increase the operation of any establishment as it was prior to such event.
(b) Notification of Deemed Approved Establishments. The City shall notify the owner of each deemed approved activity, and, if not the same, any property owner at the address shown on the property tax assessment records of the activity's deemed approved status. The notice shall be sent by U.S. first class mail and certified mail return receipt requested. This notice shall also restate that the activity is required to comply with all its conditions of approval and all other aspects of the deemed approved regulations. Failure of any person to receive notice given pursuant to this chapter shall not affect the deemed approved status of the activity. (c) Enforcement of Violations. Deemed approved establishments shall be subject to the same procedures as those identified under Section 88.01905 (b) of this Chapter." Section 13. Chapter 3 (Definitions Beginning with "C") of Division 12 (Definitions) is hereby amended to add:
"Section 812.030143 Congregate Living Health Facility
A Congregate Living Health Facility is a state licensed facility meeting the definition under Health and Safety Code 1267.16(c) that provides care for persons who are terminally ill within a single-family residential structure that conforms to the R-2.1 Building Code Occupancy requirements. Such facilities shall appear consistent with the size of the adjoining single family residential structures, including average height and square footage, and shall comply with all separation requirements listed under state law." 27 Section 14. Chapter 19 (Definitions Beginning with "S") of Division 12 (Definitions) is hereby amended to add:
"Section 812.19096 Small Lot Subdivision
A small lot subdivision is a multiple family development project that features individual, fee - simple lots to provide traditional single-family ownership with the density, setting, and community amenities found in the Multiple Residential Land Use District." Section 15. Section 87.0701 (Intent) of Chapter 7 (Sign Regulations) of Division 7 (General Design Standards) of the Yucaipa Development Code is amended as follows:
"87.0701 Intent.
The provisions of this chapter establish general regulations for the use of signs and other exterior advertising formats within the City of Yucaipa. Additional standards and regulations may be adopted as part of a land use district. Also, +It is the intent of this chapter to recognize that the eventual elimination of existing signs that do not conform with the provisions of this Code is as important as is prohibiting new signs that would violate these regulations. Also, it is the intent of this chapter to establish sign provisions to maintain control of the number of signs, sign design and sign development where possible to further promote the chapter's purposes.
Sign provisions are established to safeguard and enhance property values, to protect public and private investment in buildings and open spaces, to improve the appearance of the City as a place in which to live and work, and as an attraction to nonresidents who come to visit or trade; to encourage sound signing practices as an aid to business, and to provide information to the traveling public; to prevent excessive and confusing sign displays; to reduce hazards to motorists and pedestrians, and to promote the public health, safety, and general welfare." Section 16. Section 87.0705(d) (General Provisions) of Chapter 7 (Sign Regulations) of Division 7 (General Design Standards) of the Yucaipa Development Code is amended as follows:
"87.0705 General Provisions.
(d) Except for City -Communication Billboards, no No sign or any portion thereof shall extend over a property line onto an adjacent property, public right-of-way, or public property.
28 Section 17. Section 87.0710 (Prohibited Signs) of Chapter 7 (Sign Regulations) of Division 7 (General Design Standards) of the Yucaipa Development Code is amended as follows:
"87.0710 Prohibited Signs.
The following signs are prohibited.
(a) Signs having any animated, moving, or rotating parts, or emulates those parts through a display.
(b) Signs attached to or painted on trailers or vehicles parked on private property, or affixed to the window of a structure, for the purpose of gaining unauthorized sign area. (c) Signs which make sounds.
(d) Signs which obscure, imitate, or otherwise limit the effectiveness of official traffic control signs or devices.
(e) Signs which display any statement or symbol of an obscene or immoral nature as to offend the public morals or decency.
(f) Tethered balloon(s) or other inflatables used to draw attention to a use or event, except as otherwise provided in this chapter.
(g) Signs and/or support structures with flashing nee} elements. (h) Signs which are not effectively shielded so as to prevent beams or rays of light being directed at any portion of the traveled way or which are of such intensity or brilliance as to cause glare or to impair the vision of the driver of any motor vehicle, or which otherwise interfere with any driver of a motor vehicle.
(i) Permanent primary signs and outdoor advertising structures (billboards) that advertise or identify a business, function, establishment, or product at a location other than the property on which such business or establishment is located or such product is manufactured or sold, except as permitted in Section 87.0725. (j) Any sign or lighting device, whether on the exterior of a building or on the inside of a window which is visible beyond the boundaries of the lot or parcel, or from any public right-of-way, with intermittent, flashing, rotating, blinking, or strobe light illumination.
Section 18. Section 87.0725 (Primary Signs) of Chapter 7 (Sign Regulations) of Division 7 (General Design Standards) of the Yucaipa Development Code is amended to add:
"(d) City -Communication Billboard
(1) General Definitions
For purposes of this section, the following terms shall have the following meanings:
(A) "City -Communication Billboard" is a billboard, as defined in Section 87.0725(c)(1)(A), located on property owned or controlled by the City or City -related public entity whose primary purpose is City -related communications, with the City to have the first option to utilize and control all unsold digital display space free of charge 29 and the ability to control the entire sign display for use in case of emergency. Such billboard is to be used for purposes including but not limited to: traffic, special events, public safety notifications, passive income to the City and other municipal purposes the City deems worthy.
(2) Design and Performance Requirements
A City -Communication Billboard matches the decor and architecture of the City and its design guidelines are within the City's control and discretion.
City -Communication Billboards that are classified as internally or externally illuminated billboards that utilizes digital message technology capable of instantaneously changing the static message or copy on the sign electronically shall meet the Design and Performance Requirements listed in Section
87.0725(c)(5).
(3) License Agreement
A City -Communication Billboard is subject to approval of a license agreement between the City and applicant that is approved by the City Council. The license agreement will include the terms of development of the City - Communication Billboard and shall, at a minimum, include terms providing the City with a percentage of the royalties generated from the sponsorship of the sign as consideration for the license agreement. The license agreement may contain other terms and conditions acceptable to the parties. A site plan and elevations shall be included as part of the Agreement." Section 19. Section 84.0905 (Marijuana Uses Prohibited) of Chapter 3 (Land Use Districts) of Division 4 (Land Uses) of the Yucaipa Development Code is amended to read as follows:
"84.0905 Marijuana Uses Prohibited.
A. Commercial marijuana activity is prohibited in all zones and all specific plan areas in the City, unless otherwise provided by the Municipal Code. No person shall otherwise establish, operate, maintain, conduct or allow commercial marijuana activity anywhere within the City. The City shall not approve any application for a building permit, ,
operation, maintenance, development, or construction of any commercial marijuana activity. The prohibitions set forth in this section shall not apply to any conduct allowed under local law pursuant to Health and Safety Code Section 11362.1.
B. A property owner shall not rent, lease or otherwise permit any business that engages in unauthorized commercial marijuana activity to occupy real property in the City. A property owner shall not allow any person or business to establish, operate, maintain, conduct, or engage in unauthorized commercial marijuana activity on any real property owned or controlled by that property owner that is located in the City. 30 C. In addition to any other enforcement authorized under Chapter 2 of Division 1 of the City Development Code, the City Attorney may bring a civil action for injunctive relief and civil penalties against any person or entity that violates this section. In any civil action brought pursuant to this section, a court of competent jurisdiction may award reasonable attorneys' fees and costs to the prevailing party.
D. Notwithstanding the penalties set forth in Chapter 2 of Division 1 of the City Development Code, this Chapter 9 does not authorize a criminal prosecution, arrest or penalty inconsistent with or prohibited by Health and Safety Code Section 11362.71 et seq., or 11362.1 et seq., as the same may be amended from time to time. In the event of any conflict between the penalties enumerated under Chapter 2 of Division 1 of the Development Code and any penalties set forth in State law, the maximum penalties allowable under State law shall govern."
Section 20. Chapter 4 (Height Regulations) of Division 7 (General Design Standards) of the Yucaipa Development Code is amended as follows:
"87.0401 General Provisions.
(a) Any structure permitted that is three (3) or more stories in height or results in a building floor with conditioned space above the height of 30 feet or any building higher than 45 feet tall shall be subject to the City's adopted Resolution No. 2024-53 pertaining to the fair share cost and ongoing funding of an aerial ladder truck, as required by the General Plan.
(b) The maximum structural height development standards established by the land use districts may be increased as specified by this chapter, provided such increase does not conflict with airport safety regulations or approved conditions of approval. (c) A shade and shadow analysis may be required to assess the impacts on surrounding properties.
87.0405 Permitted Structural Height Increases.
(a) Single Dwelling
Single dwellings in land use districts that impose a height limitation of 35 feet or less may exceed the height limit by up to 25 feet when two side yards of at least 20 feet are provided.
(b) Institutional Structures
Institutional buildings in land use districts that impose a height limitation of 35 feet or less may exceed the 35-foot height limit by up to 25 feet when the required front, side, and rear yards are increased an additional one foot in excess of minimum requirements for each four feet in height above 35 feet. 31 (c) Miscellaneous Structures
The maximum structure height specified in a land use district may be exceeded by no more than 50% for the following structures, subject to an approved Land Use Compliance Review by the Community Development DirectorBuilding-Offreial. (1) Cupolas, domes, skylights, and gables
(2) Ornamental towers and spheres
(3) Church steeples and towers
(4) Flag poles
(5) Birdhouses
(6) Residential chimneys, flues, smokestacks, and enclosures (7) Mechanical equipment and its screening
(8) Elevator housings
(9) Bulkheads and skylights
(10) Monuments
(11) Barns, silos, grain elevators, windmills, and other farm buildings or structures in the Rural Living DistrictConservation or Agricultural Districts
(12) Noncommercial antennae up to 65 feet in residential districts (13) Fire or parapet walls
(14) Fire and hose towers
(15) Stairway housing
(16) Water tanks
(17) Cooling towers, gas holders, smokestacks, or other structures in industrial districts which are required by permitted industrial processes (18) Windmills and solar energy collectors in residential or commercial districts
(19) Water towers
(20) Observation and carillon towers
(21) Radio and television station towers
(22) Distribution and transmission cables and towers
(23) Outdoor theater screens
(24) Sign spires
(25) Penthouses
(26) Other roof structures and mechanical appurtenances similar to those listed above
(27) Up to a 20% increase in height for building corners or the primary entrance where a defined architectural emphasis is created that includes a minimum 6-foot change to the elevation plane along with changes to the building materials from the primary wall structure (d) Business and Commercial Uses
The maximum structure height specified in a land use district, including Specific Plan areas, may be modified as noted below. As part of the 32 development of such structures, enhanced landscaping shall be provided that includes the planting of trees that will reach the building height at maturity. (1) Medical buildings, such as clinics and hospitals, that are located within land use districts that impose a height limitation of 45 feet may exceed the 45-foot height limit by up to 25 feet when the required front, side, and rear yards are increased an additional one foot in excess of minimum requirements for each four feet in height above 45 feet. (2) Hotels located within land use districts that impose a height limitation of 45 feet may exceed the 45-foot height limit by up to 25 feet when the required front, side, and rear yards are increased an additional one foot in excess of minimum requirements for each four feet in height above 45 feet."
Section 21. Chapter 13 (Landscape Regulations) is hereby added to Division 7 (General Design Standards) of the Yucaipa Development Code and is as follows:
"Chapter 13 Landscape Regulations
Section 87.1305 General Provisions
(a) Intent
The landscape development standards, procedures and guidelines established by this Chapter are meant to be complementary to those found in the City of Yucaipa's standard project Conditions of Approval, as well as the landscape provisions found in the City's Development Code, including Division 8, Specific Use Design Standards, and Chapter 4, Water Conservation, under Division 10, Soil and Water Conservation. (b) Applicability
The landscape requirements shall apply to all new development projects in the City of Yucaipa.
(c) Duty to Maintain
All projects shall maintain their approved landscaping.
Section 87.1310 Development Standards
Landscaping shall consist of drought tolerant vegetation appropriate to the local climate.
The requirements are as follows:
(a) Compost
33 Compost at a rate of a minimum of 4 cubic yards per 1,000 square feet of permeable area shall be incorporated to a depth of six (6) inches into the soil. Soils with greater than six percent (6%) organic matter in the top six (6) inches of soil are exempt from adding Compost and tilling. Compost procurement shall be coordinated with the City and its Purchasing Policies and Procedures related to SB 1383 for eligible compost and State regulation 14 CCR Chapter 3.2 of Division 7.
(b) Trees
(1) 15-gallon size:
(A) 1 for each 600 sq. ft. of total landscaped area (one required, minimum)
(B) 80% of total trees required in a Project shall be at least 15 gallon (C) At least 1 tree per every 12 parking stalls, unless otherwise specified by more stringent regulations
(2) 24-to-96-inch box trees:
(A) 20% of total trees required (one required, minimum). (3) Tree Spacing and Locations:
(A) Small trees: 20 feet on center max.
(B) Large trees: 30 feet on center max.
(C) Street trees: 30 feet on center max.
(D) Typical landscape trees shall be a minimum of 6 feet from curbs, paving and sidewalks; Street trees located in the parkway between sidewalk and curb shall be provided with a linear root barrier. (4) Project shall include both deciduous and evergreen trees. Areas that serve as a buffer shall include evergreen trees.
(c) Shrubs
(1) 60% of total shrubs shall be 5 gallon.
(2) 40% of total shrubs shall be one gallon.
(3) General Shrub Requirements:
(A) 10 shrubs for each 300 square feet of landscaped area (B) Areas designed to be re-established as natural landscaping may utilize a hydroseed mix that provides shrubs, subject to approval by the City's Landscape Architect
(d) Ground Cover:
34 (1) Maximum spacing: 12 inches on center, unless otherwise specified by the suitability of the varietal
(2) Hydroseeding may be used, and shall identify the recommended mixture, and the weight or volume per unit area as part of a landscape plan (e) Mulch
(1) A minimum three- (3-) inch layer of mulch shall be provided on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated.
Procurement shall be coordinated with the City and its Purchasing Policies and Procedures related to SB 1383 for eligible mulch. To provide habitat for beneficial insects and other wildlife, leave up to five percent (5%) of the landscape area without mulch. Designated insect habitat must be included in the landscape design plan as such.
(f) Pedestrian Activity Areas
For commercial centers, multiple family residential development projects or mixed use residential and commercial uses, an enhanced landscape design is required for priority pedestrian activity areas. Such features may include the planting of a specimen tree, a decorative rock and boulders feature, a water feature such as a pond or water fountain, or public artwork. Priority pedestrian areas are the pedestrian entrances, including sidewalks, to the project development from the public right-of- way and parking lots.
(g) Design Considerations
Section 21.
"83.010305
(1) The City of Yucaipa is a foothill community, serving as a transition from the San Bernardino Valley west of the City, and the San Bernardino National Forest to the northeast. A mixture of evergreen vegetation, including pines and cedars, should be used to provide a year-round landscape appearance that is enhanced by flowering deciduous trees and shrubs to add additional color and texture.
(2) Development projects that include an accessory monument or freestanding sign shall consider their sign height and landscape plantings to ensure that conflicts are avoided.
(3) Rocks and gravel may be used in conjunction with groundcover but shall not be a substitute for plants.
(4) Detention basins that are publicly visible shall include landscaping." Section 83.010305 (Applications for Land Use Decisions) of Chapter 1 (General Procedures) of Division 3 (Procedures) is hereby amended to read:
Applications for Land Use Decisions.
35 (a) Applications for all land use decisions shall be made at the offices of the reviewing authority on forms supplied by that authority. Each application for a land use decision shall be accompanied by such information and materials deemed necessary to render the requested land use decision before such application is deemed complete and accepted for filing. Any application made under the provisions of the Development Code may be initiated by the City Council or by any interested party unless otherwise indicated in this Code.
(b) Any application that has been submitted and remained inactive for one year following City corrections shall be deemed as withdrawn." Section 23.
Section 83.041120 (Subdivision Design and Improvement Standards) of Chapter 4 (Division of Land Procedures) of Division 3 (Procedures) is hereby amended to add:
"Section 83.041120 Subdivision Design and Ir cment Standards (...)
(f) Common Area Funding and Maintenance
All subdivision projects shall include provisions for the ongoing funding and maintenance of common area features. Any new subdivision that consists of more than 50 units, or any Tract Map that is associated within a larger planned development or specific plan project, shall include a Homeowner's Association to manage and fund such areas."
Section 24. Section 83.030225 (Final Map) of Chapter 4 (Division of Land Procedures) of Division 3 (Procedures) is hereby amended to read:
"Section 83.030225 Final Map
(...)
(c) Filing Official Copy of the Final Map
If the advance copy of the Final Map has been found satisfactory by the County Surveyor, the subdivider shall cause the Final Map to be officially filed with the City Engineer at least 20 days prior to expiration of the approval or conditional approval or any approved extension of time as provided by this division. Delays that occur from the County Surveyor review of a "timely filed" map may extend the expiration date by no more than one year. The Final Map shall not be officially filed until the engineer or surveyor has received notification from the City Engineer that all provisions of the Tentative Map approval, the Subdivision Map Act, City Code and City standards have been complied with. The official filing of the Final Map with the City Engineer will constitute the Final Map filing date.
36 Section 25. Article 1 (Fire Safety (FR) Overlay District) of Chapter 2 (Hazard Protection) of Division 5 (Overlay Districts) is hereby amended to read:
"Article 1 Fire Safety (FR) Overlay District
Sections:
85.020201 Intent
85.020205 Locational Requirements
85.020210 General Provisions
85.020215 Division of Review Areas
85.020220 Area FR1, FR2 and FR3 Requirements
85.020225 Additional Area I (FR1) Requirements
85.020230 Alternate Hazard Protection Measures
85.020201 Intent.
The Fire Safety Overlay District is created to provide greater public safety in areas prone to wildland brush fires by establishing additional development standards for these areas.
85.020205 Locational Requirements.
The Fire Safety Overlay District shall be designed in high fire hazard areas as mapped on the City General Plan Hazards Maps with the locations derived from the California Department of Forestry and U.S. Forest Service, and may be updated from time to time. The most current version of the state's Fire Hazard Severity Zones shall officially govern.
85.020210 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 within the Fire Safety Overlay District 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 or 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) The development standards established by a land use district and any applicable overlay district shall apply, except where a planning area provision provides that a different standard shall apply.
37 (f) When an addition, alteration, enlargement or reconstruction of a structure equals or exceeds 50% of the existing structure or 25% of the roof for the roofing requirements only, the provisions of Subsections 85.020220(a)(b)(1)(C) and 85.020225(a) 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.
85.020215 Division of Review Areas.
The Fire Safety Overlay District is divided into twethree review areas, each of which 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 slops greater than 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 wildland 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.
85.020220 Area FR1,-aid 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 Uniform Building Code. Class A wood shake or shingle roof coverings shall have passed a 10-year natural weathering test, and proof of such test shall be provided to the Building Official prior to the issuance of a building permit.
38 (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, 12-gauge minimum of three -eights (3/8) inch minimum to one-half (1/2) inch maximum openings, mounted in or over all 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 underfloor areas having headroom less than four feet in height which are not fitted with sashes 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 10 feet away from any structure and in accordance with the Uniform Fire Code, the Table of Projections, and the Storage Standards specified by Fire Hazard Performance Standards in Chapters 5 and 9 in Division 7 of this Title. (7) All non -accessory buildings shall have reflective and non-combustible building address numbers with at least three-inch high lettering visible from the road on which the structure fronts.
(8) All buildings on lots which abut a National Forest that were created after March 9, 1988 shall be set back at least 30 feet from the boundary of the San Bernardino National Forest.
(9) Structures in areas with slopes exceeding 30% and 30 feet in height shall comply with the following.
(A) Where structures are proposed or within 200 feet of slopes that are greater than 30% prior to grading and where such slopes are at least 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 areas shall be maintained for either the entire slope, or 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 30% and which are greater than 30 feet in height, structures shall be set back at least 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 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 12 feet in width to within at least 10 feet of any static water source including pools, 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 39 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 of 60 feet or greater shall have exterior wall separations of at least 30 feet.
(B) All buildings on parcels created prior to the effective date of this section with lot widths less than 60 feet shall have interior side yard setbacks of 20% of the lot width, provided that such interior side yards shall not be less than five feet and need not exceed 15 feet. In no case shall exterior wall separations be less than 10 feet for all buildings, including those on adjoining parcels.
(C) When exterior walls of residential and accessory buildings or portions thereof are within 15 feet of interior side or rear lot lines, or the exterior wall separation is less than 30 feet, the following shall apply: 1) 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 Uniform Building Code; 2) all exterior doors made of wood or wood portions shall be solid core wood; and 3) windows, sliding glass doors or glass inserts in doors shall be constructed of approved 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 Section 85.020230 of this section and dependent upon site specific conditions, the following measures or combinations thereof may be substituted for the exterior wall separation requirements for all buildings specified in Subsection 85.020220(b)(1)(A) above, provided that in no case shall such exterior wall separations be less than 10 feet.
(A) The expansion of fuel modified areas around the perimeter of the development project beyond that required through the provisions of this section or other parts of the City Code
(B) A substantial transfer of density from steeper slopes, including areas with slopes less than 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 hazard areas
(D) The provisions of more fire -resistive construction standards than normally required through the provisions of the Fire Safety (FR) Overlay 40 District and otherwise required through the Uniform Building Code or Uniform Fire Code
(E) Other alternate measures if approved by the Planning Agency pursuant to the provisions of Section 85.020230 of this Article
(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 points of vehicular ingress and egress, designed to City road standards, with a minimum width of 26 feet of all weather surface as defined in the Uniform 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 Planning Agency makes and justifies all of the following findings.
(A) Two points of non -emergency access shall be physically infeasible. (B) Provisions shall be 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 6-inch or larger circulating (loop) water mains as required by the Uniform Fire Code and proper hydrant location and spacing, and shall 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 Uniform 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 or 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 County Fire Warden, but in no case shall it be less than 100 feet in width as measured from the development perimeter. The width of the fuel modification area shall be determined based upon the following factors.
(I) The natural ungraded slope of the land within the project and in the areas adjacent to the project
(II) Fuel Loading
(III) Access to the project and direct access to the fuel -modified area
41 (IV) The on -site availability of water that can be used for fire fighting purposes
(V) 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. (VI) 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 County Fire Warden and shall be based upon the same considerations described in Subsection (c)(4)(A) of this section for permanent fuel modification areas.
(d) 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 the Development Code for such erosion control measures.
85.020225 Additional Area 1 (FR1) Requirements.
The following requirements apply only to Area 1, in addition to those specified for both Areas 1 and 2.
SECTION 26. Severability.
If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.
SECTION 25. CEQA.
The City Council finds that this Ordinance does not directly result in the development of any parcel of land does not directly result in the development of any parcel of land but instead modifies the development standards to either: 1) comply with current state law requirements, 2) implement existing policies and procedures, 3) add clarity to existing requirements and/or, 4) Adds flexibility to standards to achieve economic development or public safety goals. An Addendum to the 2016 Yucaipa General Plan Environmental Impact Report that addresses the changes proposed by the 42 Ordinance has been prepared and requires a recommendation from the Planning Commission as part of the adoption of Ordinance No. 450. This Addendum was prepared pursuant to Section 15164 of the CEQA Guidelines. The analysis contained in the addendum demonstrates that the conditions described in Section 15162 of the Guidelines that call for preparation of a subsequent or supplemental EIR have not been met, and therefore a subsequent or supplemental EIR is not required, and that the adoption of the Ordinance would not result in impacts not originally analyzed in the 2016 General Plan EIR.
SECTION 26. Effective Date. This Ordinance shall be effective the 31 st day following its adoption by the City Council
SECTION 27. Publication and Posting. The Mayor shall sign this Ordinance and the City Clerk shall certify as to the adoption and shall cause the ordinance or a summary thereof to be published in accordance with state law.
PASSED, APPROVED and ADOPTED this day of , 2025.
ATTEST:
Ana V. Sauseda, MMC
Director of General Services/City Clerk
43 Jon Thorp, Mayor
APPROVED AS TO FORM
Steven Pacifico, City Attorney
ATTACHMENT 2
ADDENDUM TO THE YUCAIPA GENERAL PLAN
ENVIRONMENTAL IMPACT REPORT
ORDINANCE 450
PREPARED BY:
MADELINE JORDAN & CHRISTIAN FARMER
CITY OF YUCAIPA
34272 YUCAIPA BOULEVARD
YUCAIPA, CA 92399
June 2025
Addendum to Yucaipa General Plan EIR
City of Yucaipa
INTRODUCTION
This document has been prepared to provide compliance with the requirements of the California Environmental Quality Act (CEQA) for a proposed "clean-up" ordinance that provides modified development standards for certain uses, Ordinance Number 450, (hereafter referred to as the "Ordinance"). The proposed Ordinance will address updated General Plan policies, implement portions of the City's Housing Element and ensure compliance with state law requirements; the update further seeks to remove ambiguities by memorializing interpretations made of existing Development Code provisions, and to encourage the development of certain commercial uses.
Purpose
The purpose of this Addendum to the 2016 Yucaipa General Plan Environmental Impact Report, inclusive of all subsequent analysis including the Housing Element Addendum to the General Plan EIR (hereafter referred to as the "EIR"), hereafter referred to as the "Addendum," is to explain that the adoption of the City proposed Ordinance would not create any new or substantially more severe significant effects on the environment that were not analyzed in the EIR, and augments the EIR analysis to be consistent with the Ordinance.
Background
The Yucaipa City Council adopted the 2016 General Plan update, and the associated EIR was certified on April 11, 2016. The EIR was prepared as a Program EIR pursuant to CEQA Guidelines Section 15168. This EIR covers the policies and programs identified in the City's General Plan Amendment, and should be considered inclusive of all subsequent analysis, including for the City's Housing Element.
On March 14, 1994, the City Council of the City of Yucaipa adopted a comprehensive Development Code that included zoning standards and development review procedures for the City of Yucaipa to evaluate a variety of development and land use proposals. However, this framework was a direct carry over from the Development Code from the County of San Bernardino and has a variety of elements that are outdated or unorganized for modern use.
To address this concern, the City of Yucaipa has begun the process of a Comprehensive Development Code Project. This effort will take over a year to complete; however, several changes must be made within an earlier timeframe to comply with state law and to implement key City Council initiatives, such as those outlined in the adopted Housing Element. As such, Ordinance No. 450 (Ordinance) has been developed to address these changes. The Planning Division intends to complete annual adjustments to the Development Code after the adoption of the comprehensive Development Code update to ensure that changes to state law and other requirements remain current.
The updated code sections for the Ordinance fall under one of the following topics:
• Updates to ensure compliance with state law
• Implementing Housing Element programs
• Implementing economic development and fiscal sustainability goals • Enhancing public safety elements
• Reflecting longstanding internal procedures and processes 2 Addendum to Yucaipa General Plan EIR
City of Yucaipa
• General cleanup
PROJECT DESCRIPTION
This Project is the consideration of Ordinance No. 450, which adds or modifies 23 different elements of the Development Code to provide a periodic cleanup and enhancement, including updates to state law, implementing programs of the Housing Element, implementing preliminary economic development and fiscal revenue efforts, enhancing public safety elements, and reflecting longstanding internal procedures and processes. Most of the updates are simply procedural, ensuring compliance with state law as well as current City practices. Other areas provide objective requirements for areas of the code lacking specificity. Given the nature of many of the changes, they do not require additional analysis and are highlighted in Appendix A; however, the revisions that are pertinent to this Addendum will be the following sections:
Section 4 — Code Section 83.030305: Land Use Compliance Review The most notable change with this section is to introduce the permitting of mixed -use (Neighborhood Commercial uses) development opportunities within the City's RM-24 (High Density Residential) Land Use District. This is further discussed in Section 7 and pertains to sites specifically located on a Major or Secondary Highway, as identified by the General Plan.
Section 7 — Code Section 84.0335: High Density Multiple Residential This section introduces the permitting of mixed -use (Neighborhood Commercial) development opportunities within the City's RM-24 (High Density Residential) Land Use Districts that are specifically located on a Major or Secondary Highway, as identified by the General Plan. As part of the City's Housing Element, the City is required to plan for a variety of housing units at a range of income levels that are delegated by the Regional Housing Needs Assessment (RHNA) process through the Southern California Association of Governments (SCAG). In a prior housing cycle, areas along Oak Glen Road were designated as RM-24 to provide for the City's lower income categories, and this area was expanded as part of our current 2021-2029 Housing Element. To ensure the long term fiscal sustainability of the City, this proposed section is intended to accomplish two key outcomes. The primary objective is to further encourage the development of these units by offering greater flexibility for the development of such sites where access is readily available, and where the development of the planned units is critical for the City's implementation of the Housing Element.
However, the fiscal sustainability of the City's future has become a top priority of the City Council.
The proposed change would allow for additional sales tax opportunities and would facilitate commercial uses that are walkable to those new residential communities to reduce Vehicle Miles Traveled (VMT) and to create increased amenities for these new residents.
Section 20 — Height Regulations
Summary of Changes:
• Integrates the Fair Share provisions from the adopted Resolution No. 2024-53 related to taller structures to ensure that a future ladder truck is funded • Clarifies that the Community Development Director, not the Building Official, determines 3 Addendum to Yucaipa General Plan EIR
City of Yucaipa
certain structure increases consistent with historic practice • Provides added architectural flexibility to create defined building entrances • Allows a 25-foot height increase for medical buildings and hotels The City of Yucaipa has traditionally limited the height of all buildings due to the current fire equipment that is available by the Fire Department. As part of the Safety Element Update adopted on July 22, 2024, a long-term funding strategy was developed for the purchase and operation of this type of fire equipment. In addition, projects within the proposed Freeway Corridor Specific Plan update will be conditioned to participate in the initial cost of the acquisition. Once the equipment has been ordered, the prior constraints to building heights will be resolved. To ensure that there are sufficient participants in the funding program to maintain the annual costs, as well as to capture the economic development benefits realized with hotel projects and to further incentivize the healthcare industry to Yucaipa, the proposed section allows increased flexibility for certain land uses that are located within areas along the freeway to increase their building heights. This ensures that the costs are spread by multiple projects, and that there is appropriate demand for this type of specialized equipment. These changes also remain below the maximum building heights that could otherwise be facilitated with an aerial ladder truck to ensure that the scale of buildings remain appropriate for the community, and include increased setback limitations, which will allow for additional protection for neighboring parcels.
The remainder of the updates within the Ordinance pertain to procedural updates and development regulations, none of which would directly result in new development. As such, the remaining changes implemented through the Ordinance would not generate additional environmental impacts. These proposed modifications are either environmentally neutral or are expected to reduce potential impacts and, therefore, are not analyzed further herein.
GENERAL PLAN CONSISTENCY
In addition to the discussion below, a general plan consistency has been completed to show conformity with the policies of the City's General Plan. The changes to the Development Code contained in Ordinance 450 align with the many General Plan Policies, including but not limited to:
• CDL-1.1 Places to Live
• CDL-1.2 Places for Commerce
• CDL-1.7 Centers of Activity
• CDL- 10.1 Development Review
• CDL-10.5 Private Landscaping and Parks
• CDL-10.11 Building Footprint
• HN-2.1 Balanced Housing Stock
• HN-2.6 Multiple -Family Housing
• HN-3.2 Entitlement Process
• HN-3.3 Housing Incentives
• ED-1.1 Employment and Revenue Focus
• ED-1.2 Employment Needs of Residents
• ED-1.3 Infrastructure
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• ED-2.1 Retail Sales Growth
• ED-4.1 Fiscal Return of Land Use and Development
• ED-5.5 Business Attraction
• PSF-7.1 Capital Improvements
• PSF-7.3 Fair Share Funding
ENVIRONMENTAL PROCESS
CEQA Guidelines Section 15164 provides a lead or responsible agency the ability to prepare an addendum to a previously certified EIR if some changes or additions are necessary to adequately reflect a revisions to a proposed project or circumstances surrounding the project, and if there is substantial evidence that the revisions would not trigger the preparation of a Subsequent or Supplemental EIR, as provided in CEQA Guidelines Section 15162. The requirements for Section 15162 are as follows:
15162. Subsequent EIRs and Negative Declarations.
"(a) When an EIR has been certified or negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following:
(1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or
(3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the negative declaration was adopted, shows any of the following:
(A) The project will have one or more significant effects not discussed in the previous EIR or negative declaration;
(B) Significant effects previously examined will be substantially more severe than shown in the previous EIR;
(C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or
(D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponent decline to adopt the mitigation measure or alternative." As demonstrated in the environmental analysis contained herein, none of the potential impacts that 5 Addendum to Yucaipa General Plan EIR
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had been analyzed in the EIR would change with adoption and implementation of the proposed Ordinance. Adoption and full utilization of the Ordinance would result in marginal commercial growth which would be a nominal addition relative to the original analysis. As such, an Addendum to the certified Final EIR is appropriate because there have been only minor modifications and technical additions/changes to the project, and none of the conditions described in Section 15162 have occurred. The modifications do not constitute substantial changes to the Project and do not result in new significant environmental effects or a substantial increase in the severity of previously identified significant effects.
Pursuant to Section 15164 regarding an Addendum, this document is not required to be circulated for public review but can be included in or attached to the final EIR. The City Council shall consider the addendum with the Final EIR prior to making a decision on the Ordinance. 6 Addendum to Yucaipa General Plan EIR
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ANALYSIS
This Addendum will utilize the topical listings contained in the California Environmental Quality Act (CEQA) Appendix G Checklist as a method of evaluating the proposed Ordinance (the Project) and its potential impact upon the environment and relates to the original analysis in the EIR. The analysis begins with the list of the resource topics from the Checklist. Following the list is a response that summarizes the impacts originally identified and a discussion noting any potential changes that may have occurred. The analysis concludes with a statement noting if there are any additional changes to impacts that have resulted from the revised Project.
Aesthetics
Since the EIR was certified, are there any changes in the project, changes in circumstances under which the project is undertaken and/or "new information of substantial importance" that cause one or more effects to aesthetic resources including: scenic vistas; scenic resources including, but not limited to, trees, rock outcroppings, or historic buildings; existing visual character or quality of the site and its surroundings; or day or nighttime views in the area? Response:
The EIR concluded that impacts on aesthetics would be less than significant from the General Plan, and found no significant impacts to scenic vistas, scenic resources, visual quality, or light/glare. The Ordinance does not propose specific development, but provides a mechanism to streamline new development, to allow new mixed -use development in key corridors, and to allow for an increase in height for hotel and medical uses from the ground floor to the top of the roof/parapet. These projects would be subject to the same architectural guidelines and policies that govern any other development in the City. Additionally, while increases in height would be allowed, there will be a corresponding increase in setbacks for each additional floor that is added. Further, while the implementation of the Ordinance may result in taller buildings, the overall Floor -Area Ratio (FAR) will remain the same, resulting in a smaller building footprint which result in corresponding increases to parking areas, open space and landscaping. It should be noted that other districts in the City, such as Institutional, would continue to allow for structures higher than the revisions proposed, and therefore structures would not exceed what was previously permissible within the City.
There have not been changes nor any new information of substantial importance to indicate that the proposed Ordinance would result in new or more severe impacts relative to the General Plan.
Implementation of projects that could be developed under the Ordinance for new and existing development would be consistent with those in the General Plan and would be required to be consistent with adopted City policies and standards that reduce aesthetic and visual impacts.
Finding:
Neither the Project as analyzed in the Final EIR nor the project including the proposed Ordinance would result in a significant aesthetic impact; therefore, the changes in the Project do not result in a new significant environmental effect on aesthetics or a substantial increase in the severity of significant aesthetic effects previously identified in the Final EIR.
Agriculture and Forestry
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Since the previous EIR was certified, are there any changes in the project, changes in circumstances under which the project is undertaken and/or "new information of substantial importance" that cause one or more effects to agricultural resources including: conflict with zoning for, or result in rezoning of forest land; result in the loss of forest land or conversion of forest land to non -forest use; convert Important Farmland and/or conflict with existing zoning for agricultural use or Williamson Act contract?
Response:
The EIR found less than significant impacts to agricultural or forest resources. The City of Yucaipa is not located within a designated Forest Land area. The San Bernardino County Important Farmland Map 2010, Sheet 2 of 2, prepared by the California Department of Conservation, designates there are no sites within the City designated as "prime farmland". Implementation of the Ordinance would encourage the development of urban uses within the City core and would not impact any existing agricultural lands. There have been no changes in the project nor is there any new information of substantial importance to indicate that the proposed Ordinance would result in new or more severe impacts relative to the General Plan.
Finding:
Neither the Project as analyzed in the Final EIR nor the project including the proposed Ordinance would result in a significant impact to agricultural or forest resources; therefore, the changes in the Project do not result in a new significant environmental effect on agricultural or forest resources or a substantial increase in the severity of significant agricultural or forest resources effects previously identified in the Final EIR.
Air Quality
Since the previous EIR was certified, are there any changes in the project, changes in circumstances under which the project is undertaken and/or "new information of substantial importance" that cause one or more effects to air quality including: conflicts with or obstruction of implementation of the Air Quality Management Plan or applicable portions of the State Implementation Plan (SIP); violation of any air quality standard or substantial contribution to an existing or projected air quality violation; a cumulatively considerable net increase of any criteria pollutant for which the project region is non -attainment under an applicable federal or state ambient air quality standard; exposure of sensitive receptors to substantial pollutant concentrations; or creation of objectionable odors affecting a substantial number of people?
Response:
The EIR concluded that implementation of the General Plan would result in significant and unavoidable air quality impacts. The EIR analysis notes that the net emissions that result from the City's buildout under the Yucaipa General Plan, even with implementation of the General Plan mitigation measures, would result in a cumulatively considerable contribution to criteria air pollutants for which the Basin is in nonattainment (ozone, suspended particulates, and fine particulates). In addition, the proposed growth contemplated in the General Plan would exceed the growth anticipated in the South Coast Air Quality Management District's 2012 Air Quality Management Plan. Certification of the Final EIR included the adoption of Statement of Overriding Considerations pursuant to Section 15093 of the CEQA Guidelines. The Statement of Overriding Considerations included a number of the General Plan Policies that are designed to create a greater 8 Addendum to Yucaipa General Plan EIR
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quality of life, among other things, for the City of Yucaipa. General Plan Policies were related to a number of environmental topical areas, including air quality and greenhouse gas emissions.
Adoption of the proposed Ordinance would change the baseline that was assessed in the EIR in two ways. First, the update would allow for a modification to the height requirements for hotels and medical uses allowing up to 25 additional feet in height; however, the result would result in no net change to the square footage of the development as the overall development as the Floor -Area Ratio (FAR) would provide the same 1:1 limit, therefore resulting in no net change to development intensity. Secondly, the adoption of the Ordinance would result in modifications to development standards for RM-24 High Density Housing sites along select corridors within the City. These changes would allow for Neighborhood Commercial uses to be integrated with the residential uses, encouraging alternative modes of transit and reducing Vehicle Miles Traveled (VMT). The additional commercial growth would be a nominal addition relative to the original analysis, and the significant and unavoidable air quality impacts that were originally identified in the EIR would remain. The adoption of Statement of Overriding Considerations would continue to apply for the Ordinance.
Therefore, there are no changes to the project, or any new information of substantial importance, which indicate that the proposed Ordinance would significantly exacerbate air quality impacts beyond the analysis and conclusions in the EIR.
Finding:
The Project itself, as analyzed in the Final EIR, would result in significant air quality impacts.
However, the proposed Ordinance would not result in a new significant environmental effect on air quality or a substantial increase in the severity of significant air quality effects previously identified in the Final EIR.
Biological Resources
Since the previous EIR was certified, are there any changes in the project, changes in circumstances under which the project is undertaken and/or "new information of substantial importance" that cause one or more effects to biological resources including: adverse effects on any sensitive natural community (including riparian habitat) or species identified as a candidate, sensitive, or special status species in a local or regional plan, policy, or regulation, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service; adverse effects to federally protected wetlands as defined by Section 404 of the Clean Water Act; interference with the movement of any native resident or migratory fish or wildlife species or with wildlife corridors, or impeding the use of native wildlife nursery sites; and/or conflicts with the provisions of any adopted Habitat Conservation Plan, Natural Communities Conservation Plan, or other approved local, regional or state habitat conservation plan, policies or ordinances?
Response:
The EIR concluded that implementation of the General Plan could potentially result in significant impacts to biological resources, and that even with mitigation, impacts pertaining to a loss of biological habitat would be significant and unavoidable. Certification of the Final EIR included the adoption of Statement of Overriding Considerations pursuant to Section 15093 of the CEQA Guidelines and included a number of General Plan policies that were related to biological resources.
The proposed Ordinance would encourage development along existing developed corridors and on parcels which are already slated for high density residential development and for commercial 9 Addendum to Yucaipa General Plan EIR
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development. As such, the Ordinance would pertain to development already authorized, and does not include any policies or actions which would involve new or altered physical changes to the environment which have the potential to adversely affect biological resources. There have been no changes in the project nor is there any new information of substantial importance to indicate that the proposed Ordinance would result in new or more severe impacts to biological resources relative to the General Plan.
Finding:
The Final EIR concluded that the General Plan would result in significant impacts to biological resources. However, the changes in the Project do not result in a new significant environmental effect on biological resources or a substantial increase in the severity of significant biological resource effects previously identified in the Final EIR.
Cultural Resources
Since the previous EIR was certified, are there any changes in the project, changes in circumstances under which the project is undertaken and/or "new information of substantial importance" that cause one or more effects to cultural resources including: causing a change in the significance of a historical or archaeological resource as defined in State CEQA Guidelines Section 15064.5; destroying a unique paleontological resource or site or unique geologic feature; and/or disturbing any human remains, including those interred outside of formal cemeteries? Response:
The EIR concluded that implementation of the General Plan could result in potentially significant impacts to cultural resources which could be mitigated to a less than significant level. The proposed Ordinance would not impact undeveloped parcels that may have potential archeological or paleontological resources as the Ordinance would be limited to urbanized areas of the City and areas already identified as sites for development. There have been no changes to the project or new information of substantial importance which indicate that the proposed Ordinance could result in new or more severe impacts to cultural resources.
Finding:
Neither the Project itself as analyzed in the Final EIR nor the project including the proposed Ordinance, with mitigation, would result in a significant cultural resource impact; therefore, the changes in the Project do not result in a new significant environmental effect on cultural resources or a substantial increase in the severity of significant cultural resource effects previously identified in the Final EIR.
Geology and Soils
Since the previous EIR was certified, are there any changes in the project, changes in circumstances under which the project is undertaken and/or "new information of substantial importance" that result in one or more effects from geology and soils including: exposure of people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving rupture of a known earthquake fault, seismic -related ground failure, including liquefaction, strong seismic ground shaking, or landslides; result in substantial soil erosion or the loss of topsoil; produce unstable geological conditions that will result in adverse impacts resulting from landslides, lateral spreading, 10 Addendum to Yucaipa General Plan EIR
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subsidence, liquefaction or collapse; being located on expansive soil creating substantial risks to life or property; and/or having soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater?
Response:
The EIR concluded that implementation of the General Plan would not result in any direct or indirect significant effects related to geology and soils. The proposed Ordinance would provide a mechanism to implement residential and commercial uses. The building code requirements and General Plan policies pertaining to reducing geological hazards would apply to any projects that occur in the future.
There have been no changes in the project or is there any new information of substantial importance to indicate that the proposed Ordinance would result in new or more severe impacts relative to the General Plan.
Finding:
Neither the Project itself as analyzed in the Final EIR nor the project including the proposed Ordinance would result in a significant geology or soils impact; therefore, the changes in the Project do not result in a new significant environmental effect on geology or soils or a substantial increase in the severity of significant geology or soils effects previously identified in the Final EIR.
Greenhouse Gas Emissions
Since the previous EIR was certified, are there any changes in the project, changes in circumstances under which the project is undertaken and/or "new information of substantial importance" that show the project may generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment; or would conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emission of greenhouse gases? Response:
The EIR concluded that implementation of the General Plan in the City of Yucaipa would result greenhouse gas emissions over the long term that were significant and unavoidable. Certification of the Final EIR included the adoption of Statement of Overriding Considerations pursuant to Section 15093 of the CEQA Guidelines. The Statement of Overriding Considerations included a number of the General Plan policies that are designed to create a greater quality of life, among other things, for the City of Yucaipa. Policies were related to a number of environmental topical areas, including air quality and greenhouse gas emissions.
Adoption of the proposed Ordinance would potentially result in a change in two changes to the baseline analysis but would not result in new significant impacts. First, new hotels and medical uses would be permitted to build to a taller maximum height; however, the development intensity will remain limited by the FAR as identified in the City's General Plan, maintaining the overall development intensity of sites. Secondly, the implementation of the Ordinance would allow for mixed -use development along key corridors within the RM-24 land use district. This implementation would allow for neighborhood commercial and local serving uses adjacent to dense housing sites and would reduce car related trips and help to encourage alternative modes of transportation. This growth would be a nominal change relative to the original analysis, and the significant and unavoidable greenhouse gas impacts that were originally identified in the EIR would remain. 11 Addendum to Yucaipa General Plan EIR
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The adoption of Statement of Overriding Considerations would continue to apply for the Ordinance.
Therefore, there are no changes to the project, or any new information of substantial importance, which indicate that the proposed Ordinance would significantly exacerbate Greenhouse Gas impacts beyond the analysis and conclusions in the EIR.
Finding:
The Project itself, as analyzed in the Final EIR, would result in a significant Greenhouse Gas impacts.
However, the proposed Ordinance would not result in a new significant environmental effect on Greenhouse Gas emissions or a substantial increase in the severity of significant Greenhouse Gas effects previously identified in the Final EIR.
Hazards and Hazardous Materials
Since the previous EIR was certified, are there any changes in the project, changes in circumstances under which the project is undertaken and/or "new information of substantial importance" that result in one or more effects from hazards and hazardous materials including: creation of a significant hazard to the public or the environment through the routine transport, storage, use, or disposal of hazardous materials or wastes; creation of a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment; production of hazardous emissions or handling hazardous or acutely hazardous materials, substances, or waste within one- quarter mile of an existing or proposed school; location on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 creating a hazard to the public or the environment; location within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport; within the vicinity of a private airstrip resulting in a safety hazard for people residing or working in the project area; impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan; and/or exposure of people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Response:
The EIR concluded that implementation of the General Plan would result in less than significant impacts pertaining to hazards and that during the planning review process for individual projects, impacts to hazards and hazardous materials would be appropriately assessed. The proposed Ordinance would provide a mechanism to implement mixed -use development standards as well as modify the Development Code requirements pertaining to the maximum height for certain uses. The building code requirements and General Plan policies pertaining to reducing hazards would apply to any development projects that occur in the future. Further, the proposed revisions for the building height are intended to encourage development that would directly benefit from the City's fire equipment investment, and would provide a long-term funding source for the sustained operation of the equipment. There have been no changes in the project or is there any new information of substantial importance to indicate that the proposed Ordinance would result in new or more severe impacts relative to the General Plan.
Finding:
Neither the Project itself as analyzed in the Final EIR nor the project including the proposed Ordinance would result in a significant hazard impacts; therefore, the changes in the Project do not 12 Addendum to Yucaipa General Plan EIR
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result in a new significant environmental effect with respect to hazards or a substantial increase in the severity of significant hazard effects previously identified in the Final EIR.
Hydrology and Water Quality
Since the previous EIR was certified, are there any changes in the project, changes in circumstances under which the project is undertaken and/or "new information of substantial importance" that cause one or more effects to hydrology and water quality including: violation of any waste discharge requirements; an increase in any listed pollutant to an impaired water body listed under section 303(d) of the Clean Water Act; cause or contribute to an exceedance of applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses; substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level; substantially alter the existing drainage pattern of the site or area in a manner which would result in substantial erosion, siltation or flooding on- or off -site; create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems; provide substantial additional sources of polluted runoff; place housing or other structures which would impede or redirect flood flows within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map, including City Floodplain Maps; expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam; and/or inundation by seiche, tsunami, or mudflow? Response:
The EIR concluded that the General Plan would not significantly impact hydrology, water quality, or create flood hazards through implementation of standard conditions of approval and adherence to General Plan policies and regulatory requirements. The proposed Ordinance does not directly permit the construction of any specific projects, but provides a mechanism to implement mixed -use development standards and modifies the Development Code requirements for the permitted height of medical and hotel uses. Any potential impacts would be specific to future development requests, and each project would be subject to their own design review. Potential impacts would be based on a number of factors that relate to the proposed design and development approach utilized for each respective development proposal. However, all of the individual projects associated with implementation of the Ordinance would be subject to applicable regulations, feature the standard conditions of approval to minimize or mitigate any potential impacts, and be required to meet all regulatory requirements pertaining to water quality impacts. There have been no changes in the project nor is there any new information of substantial importance to indicate that the proposed Ordinance would result in new or more severe impacts relative to the General Plan.
Finding:
Neither the Project itself as analyzed in the Final EIR nor the project including the proposed Ordinance would result in a significant hydrology /water quality impacts; therefore, the changes in the Project do not result in a new significant environmental effect on hydrology/ water quality or a substantial increase in the severity of significant hydrology/ water quality effects previously identified in the Final EIR.
Land Use Planning
Since the previous EIR was certified, are there any changes in the project, changes in circumstances 13 Addendum to Yucaipa General Plan EIR
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under which the project is undertaken and/or "new information of substantial importance" that cause one or more effects to land use and planning including: physically dividing an established community; and/or conflicts with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project adopted for the purpose of avoiding or mitigating an environmental effect?
Response:
The EIR concluded that implementation of the General Plan would result in a less than significant impact for land use and planning. The proposed Ordinance would implement the goals and policies of the General Plan and include provisions to allow for the development of mixed -use projects in the RM-24 Land Use District. In addition, the Ordinance establishes a new height requirement that provides greater flexibility for future proposals to support goals and policies related to land use compatibility, high quality design, and greater site amenities. As such, there have been no new information of substantial importance to indicate that the proposed Ordinance would result in new or more severe impacts relative to the General Plan.
Finding:
Neither the Project itself as analyzed in the Final EIR nor the project including the proposed Ordinance would result in a significant land use impact; therefore, the changes in the Project do not result in a new significant environmental effect on land use or a substantial increase in the severity of significant land use effects previously identified in the Final EIR.
Mineral Resources
Since the previous EIR was certified, are there any changes in the project, changes in circumstances under which the project is undertaken and/or "new information of substantial importance" that cause one or more effects to mineral resources including: the loss of availability of a known mineral resource that would be of value to the region and the residents of the state; and/or loss of locally - important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan?
Response:
According to the Yucaipa General Plan, the City is located within the MRZ-3 designation established by the State of California Division of Mines and Geology. The MRZ-3 Zone is defined as "an area containing mineral deposits, the significance of which cannot be evaluated based upon available data." The EIR concluded that there would be less than significant impacts to mining resources. There have been no changes in the project nor is there any new information of substantial importance to indicate that the proposed Ordinance would result in new or more severe impacts relative to the General Plan.
Finding:
Neither the Project itself as analyzed in the Final EIR nor the project including the proposed Ordinance would result in a significant mineral resource impact; therefore, the changes in the Project do not result in a new significant environmental effect on mineral resources or a substantial increase in the severity of significant mineral resource effects previously identified in the Final EIR.
Noise
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Since the previous EIR was certified, are there any changes in the project, changes in circumstances under which the project is undertaken and/or "new information of substantial importance" that result in one or more effects from noise including: exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies; exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels; a substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project; a substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project; for projects located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, or for projects within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? Response:
The EIR concluded that the General Plan would result in substantial noise impacts that would remain significant and unavoidable after mitigation, and certification of the Final EIR included the adoption of Statement of Overriding Considerations pursuant to Section 15093 of the CEQA Guidelines. The proposed Ordinance does not directly permit construction but provides a mechanism for the development of mixed -use projects within certain parts of the City and allows for increased flexibility for the construction of certain uses within commercial land use districts. Future development projects may result in temporary construction -related noise impacts. While construction activities will periodically raise noise levels above their current levels, the level of noise increase is not expected to be substantial and will only occur during the limited time associated with these activities, and any future project would also be required to adhere to Section 87.0905(e) of the Yucaipa Municipal Code.
Specific proposals would be evaluated for their context relative to adjacent uses to determine project -level specific noise related impacts during operation. However, there have been no changes in the project nor is there any new information of substantial importance to indicate that the proposed Ordinance would result in new or more severe impacts relative to the General Plan. In addition, the adoption of Statement of Overriding Considerations would continue to apply for the Ordinance.
Finding:
The Project itself, as analyzed in the Final EIR, would result in a significant noise impacts. However, the proposed Ordinance would not result in a new significant environmental effect on noise; therefore, the changes in the Project do not result in a new significant environmental effect on noise or a substantial increase in the severity of significant noise effects previously identified in the Final EIR.
Population and Housing
Since the previous EIR was certified, are there any changes in the project, changes in circumstances under which the project is undertaken and/or "new information of substantial importance" that result in one or more effects to population and housing including displacing substantial numbers of existing housing or people, necessitating the construction of replacement housing elsewhere? Response:
The EIR concluded that the General Plan would result in less than significant impacts to population and housing. However, implementation of the General Plan would result in population and employment growth with the City of Yucaipa relative to baseline conditions. The Ordinance would 15 Addendum to Yucaipa General Plan EIR
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incentivize mixed -use development within the City's RM-24 Land Use District to further encourage the development of areas designated for higher density housing as well as providing local employment opportunities. In addition, the Ordinance would encourage the development of hotels and the medical field within the City of Yucaipa which could provide employment growth to the local economy. The Ordinance would not result in an increased demand for housing nor would it result in permanent employment -generating activities that would generate demand for housing, but would help facilitate the City's housing goals, as listed in its Housing Element. There have been no changes in the project nor is there any new information of substantial importance to indicate that the proposed Ordinance would result in new or more severe impacts relative to the General Plan.
Finding:
Neither the Project itself as analyzed in the Final EIR nor the project including the proposed Ordinance would result in a significant population or housing impact; therefore, the changes in the Project do not result in a new significant environmental effect on population or housing, or a substantial increase in the severity of significant population or housing effects previously identified in the Final EIR.
Public Services
Since the previous EIR was certified, are there any changes in the project, changes in circumstances under which the project is undertaken and/or "new information of substantial importance" that result in one or more substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities or the need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the following public services: fire protection, police protection, schools, parks, or other public facilities? Response:
The EIR concluded that while the General Plan would induce growth, service ratios, response times, or performance objectives for public services would not be significantly affected as the existing facilities in conjunction with the City's Development Impact Fees are adequate to accommodate the potential growth. In addition, the General Plan includes a variety of goals and policies that relate to improving public facilities. Through implementation of the Ordinance, the City can address several General Plan policies that have an impact to public services, including the following:
• CDL-1.2 Places for Commerce
• CDL-5.7 Neighborhood Quality
• CDL-7.5 Financing and Infrastructure
• CDL-11.1 Community Preservation
• HN-1.3 Public Services and Infrastructure
• PR-1.8 Funding Parks
• ED-1.1 Employment and Revenue Focus
• ED-1.3 Infrastructure
Development Impact Fees, the fair share provisions for Resolution No. 2024-53, and other pertinent General Plan policies would apply to development applications under the proposed Ordinance. 16 Addendum to Yucaipa General Plan EIR
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Therefore, there have been no changes in the project nor is there any new information of substantial importance to indicate that the proposed Ordinance would result in new or more severe impacts relative to the General Plan.
Finding:
Neither the Project itself as analyzed in the Final EIR nor the project including the proposed Ordinance would result in a significant public services impact; therefore, the changes in the Project do not result in a new significant environmental effect on public services or a substantial increase in the severity of significant public service effects previously identified in the Final EIR.
Recreation
Since the previous EIR was certified, are there any changes in the project, changes in circumstances under which the project is undertaken and/or "new information of substantial importance" that result in an increase in the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated; or that include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? Response:
The EIR concluded that there would be less than significant impacts to recreational resources. The Ordinance does not directly permit any recreational facilities, but through the mixed -use development and incorporation of the City's multiple family development standards, a variety of residential amenities would be included as part of the development of any RM-24 sites. Review of any specific project would be subject to City policies and applicable federal and state regulations. There have been no changes in the project nor is there any new information of substantial importance to indicate that the proposed Ordinance would result in new or more severe impacts relative to the General Plan.
Finding:
Neither the Project itself as analyzed in the Final EIR nor the project including the proposed Ordinance would result in a significant recreation impact; therefore, the changes in the Project do not result in a new significant environmental effect on recreation or a substantial increase in the severity of significant recreation effects previously identified in the Final EIR.
Transportation and Traffic
Since the previous EIR was certified, are there any changes in the project, changes in circumstances under which the project is undertaken and/or "new information of substantial importance" that cause effects to transportation/traffic including: conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non -motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit; conflict with an applicable congestion management program, including, but not limited to, level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways; cause a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks; substantial increase in hazards due to a 17 Addendum to Yucaipa General Plan EIR
City of Yucaipa
design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment); inadequate emergency access; and/or a conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? Response:
The EIR concluded that General Plan would result in significant and unavoidable impacts to Caltrans' freeway mainline and interchanges, and the feasible mitigation measures for the City are not available because such measures are outside of the City's jurisdiction to implement. Since the adoption of the General Plan EIR, there has been a shift from Level of Service based traffic analysis to a Vehicle Miles Traveled (VMT)-based analysis. The implementation of the Ordinance would not include any specific project but would instead provide a mechanism for mixed -use development as well as modified development standards for hotel and medical uses. The implementation of mixed -use development would provide additional neighborhood commercial uses to higher density residential areas, providing amenities that would reduce VMT by providing the convenience of nearby uses and encouraging alternative modes of transportation. In addition, the increase in height for commercial uses would not induce a higher VMT, as the net development capacity would remain the same. As such, there have been no changes in the project nor is there any new information of substantial importance to indicate that the proposed Ordinance would result in new or more severe impacts relative to the General Plan. In addition, the adoption of Statement of Overriding Considerations would continue to apply for the Ordinance.
Finding:
Neither the Project itself as analyzed in the Final EIR nor the project including the proposed Ordinance, with mitigation, would result in a significant cultural resource impact; therefore, the changes in the Project do not result in a new significant environmental effect on transportation and traffic or a substantial increase in the severity of significant cultural resource effects previously identified in the Final EIR.
Tribal Cultural Resources
Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k) or a resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1? Response:
The EIR concluded that implementation of the General Plan could result in potentially significant impacts to cultural resources, including tribal cultural resources, which could be mitigated to a less than significant level. The proposed Ordinance would be limited to urbanized areas of the City and areas already identified as sites for development. There have been no changes to the project or new information of substantial importance which indicate that the proposed Ordinance could result in new 18 Addendum to Yucaipa General Plan EIR
City of Yucaipa
or more severe impacts to tribal cultural resources.
Finding:
Neither the Project itself as analyzed in the Final EIR nor the project including the proposed Ordinance, with mitigation, would result in a significant cultural resource impact; therefore, the changes in the Project do not result in a new significant environmental effect on cultural resources or a substantial increase in the severity of significant tribal cultural resource effects previously identified in the Final EIR.
Utilities and Service Systems
Since the previous EIR was certified, are there any changes in the project, changes in circumstances under which the project is undertaken and/or "new information of substantial importance" that cause effects to utilities and service systems including: exceedance of wastewater treatment requirements of the applicable Regional Water Quality Control Board; require or result in the construction of new water or wastewater treatment facilities, new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects; require new or expanded entitlements to water supplies or new water resources to serve the project; result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments; be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs; and/or noncompliance with federal, state, and local statutes and regulations related to solid waste?
Response:
The EIR concluded that the implementation of the General Plan would result in significant impacts to utilities and service systems as the persistent drought conditions have created uncertainty over long-term water availability with full buildout of the General Plan. As such, certification of the Final EIR included the adoption of Statement of Overriding Considerations pursuant to Section 15093 of the CEQA Guidelines. The proposed Ordinance would provide a mechanism for mixed -use development in the City's RM-24 Land Use District along major corridors and for the increased height of certain commercial uses. With implementation of the Ordinance, a marginal increase to commercial space over baseline could potentially occur, but will be required to comply with all conditions, requirements from external agencies and state law as existing baseline. However, this addition represents a nominal difference from the General Plan EIR. Therefore, there have been no changes in the project nor is there any new information of substantial importance to indicate that the proposed Ordinance would result in new or more severe impacts relative to the General Plan. In addition, the adoption of Statement of Overriding Considerations would continue to apply for the Ordinance.
Finding:
The Final EIR concluded that the General Plan would result in significant impacts to utility / services.
However, the changes in the Project do not result in a new significant environmental effect on utilities / services or a substantial increase in the severity of significant utility / services effects previously identified in the Final EIR.
19 Addendum to Yucaipa General Plan EIR
City of Yucaipa
Wildfire
If located in or near a State Responsibility Area ("SRA"), lands classified as very high fire hazard severity zone, or other hazardous fire areas that may be designated by the Fire Chief, would the project: substantially impair an adopted emergency response plan or emergency evacuation plan? Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to, pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire? Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post -fire slope instability, or drainage changes?
Response:
Wildfire was not a formally designated review section for the General Plan EIR, but was identified in the Hazards analysis of the EIR. However, the implementation of this Ordinance would not significantly impact wildfire impacts and could actually reduce the impacts by allowing mixed -use and encouraging development on key corridors within the core of the City. The Ordinance will incentivize development in areas that are the least impacted by wildfire, and will not create any additional hazards by impairing evacuation routes. Additionally, the Ordinance would fund additional emergency services through the fair share provisions of Resolution No. 24-053, providing additional resources and tools for emergency services.
Finding:
Neither the Project itself as analyzed in the Final EIR nor the project including the proposed Ordinance, with mitigation, would result in a significant Wildfire impact; therefore, the changes in the Project do not result in a new significant environmental effect on Wildfire.
Mandatory Findings of Significance
Since the previous EIR was certified, are there any changes in the project, changes in circumstances under which the project is undertaken and/or "new information of substantial importance" that result in any mandatory finding of significance listed below?
Does the project degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? Does the project have environmental effects, which will cause substantial adverse effects on human beings, either directly or indirectly?
20 Addendum to Yucaipa General Plan EIR
City of Yucaipa
Response:
The analysis in the EIR concluded that the General Plan would have a significant effect on the environment for the City of Yucaipa, as additional growth could impact a variety of environmental topic areas. As such, Certification of the Final EIR included the adoption of Statement of Overriding Considerations pursuant to Section 15093 of the CEQA Guidelines. However, there have been no changes in the project nor is there any new information of substantial importance to indicate that the proposed Ordinance would result in new or more severe impacts relative to the General Plan. The Statement of Overriding Considerations of continue to apply for the proposed Ordinance.
Finding:
Neither the Project itself as analyzed in the Final EIR nor the project including the proposed Ordinance would trigger one of the mandatory fmdings of significance.
CONCLUSION
This Addendum was prepared pursuant to Section 15164 of the CEQA Guidelines. The analysis contained herein demonstrates that the conditions described in Section 15162 of the Guidelines that call for preparation of a subsequent or supplemental EIR have not been met, and that the adoption of the Ordinance would not result in impacts not originally analyzed in the 2016 General Plan EIR et al.
21 Appendix A — Revisions that do not result in environmental impacts Appendix A
As noted in the project description, many of the elements proposed as part of Ordinance No. 450 reflect minor changes that correspond to required updates under state law or memorialize existing practices and procedures.
The following table provides a summary of these changes.
Ordinance Section No.
Relevant Topic
Summary of CEQA Exemption
2. Code Section
83.030105: Conditional
Use
Removes duplicative text from Land
Use Compliance Review Section,
and modifies which uses trigger a
Conditional Use Permit
Exempt pursuant to CEQA
Guidelines Section 15061(b)(3), as
changes are procedural and can be
seen with certainty that there is no
possibility that the activity in
question may have a significant
effect on the environment.
3. Code Section
83.030323: Revocation
Formal revocation procedure for
land use entitlements
Exempt under CEQA Guidelines
Section 15061(b)(3) and 15321
(Class 21): Enforcement Actions By
Regulatory Agencies. The
revocation process will not lead to
any development but provides the
City formal procedures for
revocation.
4. Code Section
83.030305: Land Use
Compliance Review
• Approval for residential
projects increased from four (4)
units to ten (10), consistent with
law
• Clarification that process
applies to all ground mounted
signs
• Introduces a streamlined
process to entitle a recently
expired project
• Specifies that Congregate
Living Health Facilities are
permitted in all residential
districts, subject to a Land Use
Compliance Review
Exempt pursuant to CEQA
Guidelines Section 15061(b)(3),
because 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 is procedural only,
except for residential approvals.
Residential approvals are related to
new state law where 10 units are
now to be approved through a
ministerial process.
5. Code Section
83.030505: Certificate
of Land
Establishes a zoning clearance
process for new businesses
Exempt pursuant to CEQA
Guidelines Section 15061(b)(3), as
changes are procedural and can be
seen with certainty that there is no
possibility that the activity in
question may have a significant
effect on the environment.
6. Code Section
83.040110: Tentative
Tract Map Procedures
• Ten (10) lots or less, or
otherwise specified by a city
planning document, is approved
ministerially
Exempt pursuant to CEQA
Guidelines Section 15061(b)(3),
because it can be seen with certainty
that there is no possibility that the
activity in question may have a
significant effect on the environment
22 Appendix A — Revisions that do not result in environmental impacts • Ministerial projects are not
subject to a project notice
• Removal of provisions to skip
public hearings
as the update is procedural only,
except for residential approvals.
Residential approvals are related to
new state law where 10 units are
now to be approved through a
ministerial process.
8. Code Section
84.0330: Multiple
Residential (RM)
Approval for residential projects
increased from four (4) units to ten
(10), consistent with law
Development standards cross
reference Design Guidelines
Provisions for small lot subdivision
projects per Housing Element
Exempt pursuant to CEQA
Guidelines Section 15061(b)(3),
because 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 is procedural only.
Residential approvals are related to
new state law where 10 units are
now to be approved through a
ministerial process.
9. Code Section
87.0630: Residential
Parking Standards
Includes Density Bonus Parking
reference
Adds Small Lot Subdivision to
Detached Condominium category
Exempt pursuant to CEQA
Guidelines Section 15061(b)(3), as
changes are procedural and can be
seen with certainty that there is no
possibility that the activity in
question may have a significant
effect on the environment. Small Lot
Subdivisions are the same product
type as condominiums but with
different fee ownership, and density
bonus parking requirements are
established by state law.
10. Multiple Residential
Design Standards
Adds small lot subdivision standards
Clarifies RM and RM-24 Distinction
Adds reference to Density Bonus
and Design Guidelines
Modifies existing standards on the
following topics to be objective:
o Open Space Amenities
o Trash Enclosure
o Tot lot and community focal
point
o Parking lot and perimeter
landscaping
Removal of a two (2) square foot
notification sign
Exempt pursuant to CEQA
Guidelines Section 15061(b)(3), as
the changes add clarity to the
existing standards or remove
subjective requirements to better
align towards statewide requirements
for the review of housing projects,
and the changes themselves
therefore can be seen with certainty
that there is no possibility that the
activity in question may have a
significant effect on the
environment.
11. Alcohol
Establishment
Regulations
Establishes certain performance
standards and permitting
requirements for certain off -site
alcohol sales establishments;
existing establishments are
considered as "deemed approved"
Exempt pursuant to CEQA
Guidelines Section 15061(b)(3),
because 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 is procedural only.
Establishments subject to the
23 Appendix A — Revisions that do not result in environmental impacts permitting process would be exempt
pursuant to Section 15301 of the
CEQA Guidelines.
12. Massage Therapy
Establishments
Establishes a Conditional Use
Permit requirement for all new
massage therapy establishments;
existing establishments are
considered as "deemed approved"
Exempt pursuant to CEQA
Guidelines Section 15061(b)(3),
because 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 is procedural only.
Establishments subject to the
permitting process would be exempt
pursuant to Section 15301 of the
CEQA Guidelines.
13. Code Section
812.030143:
Congregate Living
Health Facility
Adds a definition for Congregate
Living Health Facility
Exempt pursuant to CEQA
Guidelines Section 15060(c)(3) as
providing the definition does not
constitute a project per section
15378.
14. Code Section
812.19096: Small Lot
Subdivision
Adds definition for small lot
subdivisions
Exempt pursuant to CEQA
Guidelines Section 15060(c)(3) as
providing the definition does not
constitute a project per section
15378.
15. Code Section
87.0701: Sign
Regulations - Intent
Additional statement on sign
regulation intent
This modification is exempt
pursuant to CEQA Guidelines
Section 15060(c)(3) as providing the
definition does not constitute a
project per section 15378.
16. Code Section
87.0705: Sign
Regulations — General
Provisions
Clarifies encroachment into public
right of way for City -controlled
signs
Exempt pursuant to CEQA
Guidelines Section 15061(b)(3), as
changes are procedural and can be
seen with certainty that there is no
possibility that the activity in
question may have a significant
effect on the environment.
17. Code Section
87.0710: Sign
Regulations —
Prohibited signs
Clarifies that flashing signs are
prohibited
This modification is exempt from
CEQA pursuant to Sections
15060(c)(2) of the Title 14 of the
California Code of Regulations
because it will not result in a direct
or reasonably foreseeable indirect
physical change in the environment.
Revisions clarify and amplify
existing restrictions.
18. Code Section
87.0725: Sign
Regulations — Primary
Signs
Adds clarity and provisions for City-
Communication Billboards
Exempt pursuant to CEQA
Guidelines Section 15061(b)(3), as
changes are procedural and can be
seen with certainty that there is no
possibility that the activity in
24 Appendix A — Revisions that do not result in environmental impacts question may have a significant
effect on the environment.
19. Code Section
84.0905: Marijuana
Uses Prohibited
Clarifies that all commercial
marijuana uses are prohibited except
as permitted by the Municipal Code
(ex. Delivery services per state law
This modification would be exempt
pursuant to CEQA Guidelines
Section 15061(b)(3), because 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 is procedural only.
21. Landscape
Regulations
Integrates the City's standard
Conditions of Approval for
landscaping into the Development
Code
Exempt pursuant to CEQA
Guidelines Section 15061(b)(3),
because incorporating the existing
Conditions of Approval that are
applied towards all new
development projects formally into
the development code 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 is procedural only.
22. Code Section
83.010305:
Applications for Land
Use Decisions
Automatic withdraw of inactive
projects
This modification is exempt from
CEQA pursuant to Sections
15060(c)(2) of the Title 14 of the
California Code of Regulations
because it will not result in a direct
or reasonably foreseeable indirect
physical change in the environment.
23. Code Section
83.041120: Subdivision
Design and
Improvements
Establishes a Homeowner's
Association requirement for master
planned communities or for
subdivisions over 50 units
This modification would be exempt
pursuant to CEQA Guidelines
Section 15061(b)(3), because 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 is procedural only.
Maintenance activities for
landscaping are exempt pursuant to
Section 15301.
24. Code Section
83.030225: Final Map
Establishes flexibility for a "Timely
Filed Map
This modification is exempt from
CEQA pursuant to Sections
15060(c)(2) of the Title 14 of the
California Code of Regulations
because it will not result in a direct
or reasonably foreseeable indirect
physical change in the environment.
Subdivision projects would have
been subject to their own specific
review.
25 Appendix A — Revisions that do not result in environmental impacts
25. Fire Safety Overlay
Updates Fire Hazard Overlay
This modification would be exempt
references to correspond to new Fire
pursuant to CEQA Guidelines
Hazard Severity Maps issued by the
Section 15061(b)(3), because it can
Office of State Fire Marshal.
be seen with certainty that there is no
Establishes "FR-3" District to
possibility that the activity in
correspond to new Moderate Fire
question may have a significant
Hazard Severity Zone
effect on the environment as the
update is procedural only.
26 ATTACHMENT 3
Agenda Item No.
City of Yucaipa
PLANNING COMMISSION MINUTES
Regular Meeting of June 18, 2025
1 A Regular meeting of the Planning Commission of the City of Yucaipa, California was called to order in the Council Chambers, 34272 Yucaipa Boulevard, Yucaipa, on June 18, 2025, at 6:30 PM.
PRESENT:
Dennis Miller, Vice Chair
Tony Hicks, Commissioner
Mike McCuistion, Commissioner
Brandon Mihld, Commissioner
Timothy Mullins, Commissioner
ABSENT: Stacey Phillips, Chair
Robert O'Brine, Commissioner
CITY STAFF: Benjamin Matlock, Deputy Director of Community Development/City Planner Tuan Vu, Assistant City Attorney
Katrina Kunkel, Associate Engineer
Christian Farmer, Associate Planner
Maria Koolhoven, Planning Commission Assistant
CALL TO ORDER
The meeting was called to order at 6:30 p.m.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Vice Chair Dennis Miller.
ROLL CALL
PUBLIC COMMENT:
No public comments on items not on the agenda.
Planning Commission Minutes Page 1
6-18-25
CONSENT AGENDA
The following Consent Agenda items are expected to be routine and non -controversial. The Planning Commission will act upon them, at one time, without discussion. Any Commissioner or staff member may request removal of an item from the Consent Agenda for discussion.
1. ,SUBJECT: APPROVE THE PLANNING COMMISSION MINUTES OF JUNE 18, 2025.
RECOMMENDATION: That the Planning Commission approve the minutes of June 18, 2025.
ACTION: MOTION BY COMMISSIONER MIHLD, SECOND BY COMMISSIONER MULLINS CARRIED, 4-0-2-1, TO APPROVE CONSENT AGENDA ITEM NO. 1. (CHAIR
PHILLIPS AND COMMISSIONER O'BRINE ABSENT, COMMISSIONER HICKS
ABSTAINED)
PUBLIC HEARINGS
The order of Business for the Public Hearing Shall Be:
A. Open Public Hearing
B. Disclosure of Ex Parte Communications
C. Staff Presentation
D. Applicant/Representative Presentation (if necessary) E. Public Comments
F. Applicant Rebuttal (if necessary)
G. Public Hearing Closed
H. Commission Discussion
Vice Chair Miller, Commissioners McCuistion, Hicks, Mihld, and Mullins had no ex parte communications to disclose on any of the items on the agenda.
2. SUBJECT: ISMA HANNA (PLN-PHE-24-0004): A PUBLIC HEARING ENTITLEMENT FOR THE REVIEW OF A TENTATIVE TRACT MAP (TTM 20699) TO SUBDIVIDE A 3.24 ACRE PARCEL INTO 14 RESIDENTIAL LOTS OF AT LEAST 7,200 SQUARE FEET. THE SUBDIVISION WILL INCLUDE A 360' CUL-DE-SAC LOCATED AT THE NE CORNER OF HOLMES AND COUNTY LINE ROAD.
RECOMMENDATION:
That the Planning Commission conduct a public hearing, and:
1. Approve Tentative Tract Map No. 20699 (Case No. 24-00004) subject to the Conditions of Approval as contained in this Agenda Report; and
Planning Commission Minutes Page 2
6-18-25
2. Adopt the Subdivision Findings as contained in the Agenda Report; and
3. Adopt a Categorical Exemption pursuant to Section 15332 (Class 32 — Infill Exemption) of the California Environmental Quality Act of 1970 and the CEQA Guidelines, as amended; and,
4. Direct staff to file a Notice of Exemption.
DISCUSSION:
Associate Planner Christian Farmer presented the Agenda Report.
Commissioner Mullins asked staff for clarification on DIF's and Mello-roos, and the expiration of the Mello-roos. Deputy Director of Community Development / City Planner Benjamin Matlock provided details.
The applicant's representative, Bernie Mayer, was in attendance and thanked the Commission and Associate Planner Christian Farmer for the presentation.
PUBLIC COMMENT:
The following members of the public spoke:
• Amy Mulder
The Public Hearing was then closed.
Commissioner Hicks noted that the sale of individual lot's is very different than track home sales and that the Commission should request some type of fencing.
ACTION: MOTION BY Commissioner McCuistion, SECOND BY Commissioner Hicks, CARRIED, 3-2-2, (Vice Chair Miller and Commissioner Mullins Voted No, Chair Phillips and Commissioner O'Brine Absent) TO ADD A CONDITION TO PROVIDE ENHANCED FIRE-RESISTANT PERIMETER FENCING.
ACTION: MOTION BY Commissioner McCuistion, SECOND BY Commissioner Mihld, CARRIED, 4-1-2, TO APPROVE AGENDA ITEM NO. 2. (Commissioner Mullins Voted No, Chair Philips and Commissioner O'Brine Absent) TO APPROVE AGENDA ITEM NO.
2. Planning Commission Minutes Page 3
6-18-25
3. SUBJECT: ROSEMARY'S CAFE (PLN-PHE-24-0009): A PLANNING USE PERMIT AND ARCHITECTURAL REVIEW FOR THE CONSTRUCTION OF A 2,907 SQUARE FOOT MEDITERRANEAN RESTAURANT, "ROSEMARY'S CAFE", ON A 0.40- ACRE GENERAL COMMERCIAL (CG) PARCEL LOCATED AT 33345 YUCAIPA BOULEVARD; APN 0318- 031-20.
RECOMMENDATION:
That the Planning Commission conduct a public hearing and:
1. Approve the Planning Use Permit subject to the Conditions of Approval as contained in the Agenda Report; and if acceptable, approve the Architectural Design and preliminary landscaping; and
2. Adopt the Findings for the Planning Use Permit as contained in the Agenda Report; and
3. Adopt a Categorical Exemption pursuant to Section 15332 (Class 32), Section 15303(c) (Class 3) & Section 15305 (Class 5) of the California Environmental Quality Act of 1970 and the CEQA Guidelines, as amended; and,
4. Direct staff to file a Notice of Exemption.
DISCUSSION:
Associate Planner Christian Farmer presented the Agenda Report.
The applicant, Miriam Gharabi, was in attendance. Ms. Gharabi thanked Associate Planner Chistian Farmer for all his help with this project.
PUBLIC COMMENT: No comments received.
The Public Hearing was then closed.
ACTION: MOTION BY Commissioner Mihld, SECOND BY Commissioner Hicks, CARRIED, 5-0, TO APPROVE AGENDA ITEM NO. 3. (Chair Phillips and Commissioner O'Brine Absent)
4. SUBJECT: CASE NO. PLN-PDE-25-0001: CITY OF YUCAIPA GENERAL PLAN SAFETY
ELEMENT UPDATE
RECOMMENDATION;
That the Planning Commission conduct a public hearing and provide a recommendation to the City Council to:
Planning Commission Minutes Page 4
6-18-25
I . Adopt Resolution No. 2025-20, adopting the Safety Element Update to the General Plan, which incorporates the updated Fire Hazard Severity Maps from the state; and
2. 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
3. Adopt the Findings as contained in the Agenda Report; and
4. Direct staff to file a Notice of Exemption.
DISCUSSION:
Deputy Director of Community Development / City Planner Benjamin Matlock presented the Agenda Report and answered the Commissioners' questions.
ACTION: MOTION BY Commissioner Mihld, SECOND BY Commissioner McCuistion, CARRIED, 3-2-2, TO APPROVE AGENDA ITEM NO. 4. (Vice Chair Miller and Commissioner Mullins Voted No, Chair Phillips and Commissioner O'Brine Absent)
5. SUBJECT: CASE NO. PLN-PDE-25-0002: CONSIDERATION OF ORDINANCE NO. 450, WHICH ADDS OR MODIFIES 24 DIFFERENT ELEMENTS OF THE DEVELOPMENT
CODE TO PROVIDE A PERIODIC CLEANUP AND ENHANCEMENT, INCLUDING
UPDATES TO STATE LAW, IMPLEMENTING PROGRAMS OF THE HOUSING ELEMENT,
IMPLEMENTING PRELIMINARY ECONOMIC DEVELOPMENT AND FISCAL REVENUE
EFFORTS, ENHANCING PUBLIC SAFETY ELEMENTS, AND REFLECTING LONGSTANDING INTERNAL PROCEDURES AND PROCESSES.
RECOMMENDATION;
That the Planning Commission conduct a public hearing and provide a recommendation to the City Council to:
1. Approve the introduction and first reading of Ordinance No. 450, an Ordinance of the City of Yucaipa, California, adding Development Code Section 812.19096, Section 812.030143, Chapter 18 (Alcohol Establishments), Chapter 19 (Massage Therapy Establishments) and Chapter 13 (Landscape Regulations), and amending Development Code Sections 83.030105, 83.030323, 83.030305, 83.030505, 83.040110, 84.0335,
84.0330, 87.0630, 87.0701, 87.0705, 87.0710, 87.0725, 84.0905, 83.010305, 83.041120 and 83.030225, and Chapter 2 (Multiple Residential Design Standards) of Division 8 (Specific Use Design Standards), Chapter 4 (Height Regulations) of Division 7 (General Design Standards), and Article 1 (Fire Safety (FR) Overlay District) of Chapter 2 (Hazard Protection) of Division 5 (Overlay Districts) as part of a periodic code requirement cleanup and enhancement; and
Planning Commission Minutes Page 5
6-18-25
2. Adopt an Addendum to the 2016 Yucaipa General Plan Environmental Impact Report in accordance with the requirements of the California Environmental Quality Act of 1970 and the CEQA Guidelines, as amended; and
3. Direct staff to file a Notice of Determination subsequent to certification of the Addendum to the 2016 General Plan Environmental Impact Report.
DISCUSSION:
Deputy Director of Community Development / City Planner Benjamin Matlock presented the Agenda Report. Commissioners asked questions regarding the sign code, care facility and mixed -use provisions.
PUBLIC COMMENT: No comments received.
The Public Hearing was then closed.
ACTION: MOTION BY Commissioner Hicks, SECOND BY Commissioner Mihld, CARRIED, 5-0, TO CONTINUE AGENDA ITEM NO. 5., TO THE JULY 16, 2025, PLANNING COMMISSION MEETING. (Chair Phillips and Commissioner O'Brine Absent)
ANNOUNCEMENTS: Deputy Director of Community Development /City Planner Benjamin Matlock wished all the Commissioners a happy 4th of July and that the next meeting will be on July 16, 2025.
ADJOURNMENT:
The meeting adjourned at 8:06 PM.
jam in Matlock
eputy Director/City Planner Chair' anning Commission
Planning Commission Minutes Page 6
6-18-25
ATTACHMENT 4
PLANNING COMMISSION MINUTE EXCERPT
A Regular meeting of the Planning Commission of the City of Yucaipa was called to order in the City Hall Council Chambers, located at 34272 Yucaipa Boulevard, Yucaipa, California, at the hour of 6:30 PM., on the 16th day of July 2025 with Chair Stacey Phillips presiding.
ROLL CALL PRESENT: Stacey Phillips, Chair
Dennis Miller, Vice Chair
Tony Hicks, Commissioner
Mike McCuistion, Commissioner
Brandon Mihld, Commissioner
Robert O'Brine, Commissioner
ABSENT: Timothy Mullins, Commissioner
A quorum of the Planning Commission was present.
AGENDA ITEM NO. 3
OLD BUSINESS:
SUBJECT; CASE NO. PLN-PDE-25-0002: CONSIDERATION OF ORDINANCE NO. 450, WHICH ADDS OR MODIFIES 24 DIFFERENT ELEMENTS OF THE
DEVELOPMENT CODE TO PROVIDE A PERIODIC CLEANUP AND
ENHANCEMENT, INCLUDING UPDATES TO STATE LAW, IMPLEMENTING
PROGRAMS OF THE HOUSING ELEMENT, IMPLEMENTING PRELIMINARY
ECONOMIC DEVELOPMENT AND FISCAL REVENUE EFFORTS, ENHANCING
PUBLIC SAFETY ELEMENTS, AND REFLECTING LONGSTANDING INTERNAL PROCEDURES AND PROCESSES. (CONTINUED FROM JUNE 18, 2025) RECOMMENDATION:
That the Planning Commission conduct a public hearing and provide a recommendation to the City Council to:
1. Approve the introduction and first reading of Ordinance No. 450, an Ordinance of the City of Yucaipa, California, adding Development Code Section 812.19096, Section 812.030143, Chapter 18 (Alcohol Establishments), Chapter 19 (Massage Therapy Establishments) and Chapter 13 (Landscape Regulations), and amending Development Code Sections 83.030105, 83.030323, 83.030305, 83.030505,
83.040110, 84.0335, 84.0330, 87.0630, 87.0701, 87.0705, 87.0710, 87.0725,
84.0905, 83.010305, 83.041120 and 83.030225, and Chapter 2 (Multiple Residential Design Standards) of Division 8 (Specific Use Design Standards), Chapter 4 (Height Regulations) of Division 7 (General Design Standards), and Article 1 (Fire Safety (FR) Overlay District) of Chapter 2 (Hazard Protection) of Division 5 (Overlay Districts) as part of a periodic code requirement cleanup and enhancement; and
2. Adopt an Addendum to the 2016 Yucaipa General Plan Environmental Impact Report in accordance with the requirements of the California Environmental Quality Act of 1970 and the CEQA Guidelines, as amended; and
3. Direct staff to file a Notice of Determination subsequent to certification of the Addendum to the 2016 General Plan Environmental Impact Report.
As part of the motion, the Planning Commission can recommend all, or parts of the Ordinance as appropriate.
ACTION: MOTION BY COMMISSIONER McCUISTION, SECOND BY VICE CHAIR MILLER, CARRIED, 5-1, (COMMISSIONER HICKS VOTED NO) TO RECOMMEND
APPROVAL OR CONSIDERATION TO ALL OF THE ITEMS WITH THE EXCEPTION OF SECTIONS 15-18 SO THAT CITY COUNCIL CAN REVIEW AND PROVIDE ADDITIONAL DIRECTION ON THOSE ITEMS.
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
CITY OF YUCAIPA
}
}
} ss
I, Maria Koolhoven, Administrative Assistant of the City of Yucaipa, California, do hereby certify that the foregoing is a full and correct excerpt of the Minutes of a Regular meeting of the Yucaipa Planning Commission held on the 16th day of July 2025.
Maria Koolhoven
Administrative