Yucaipa City Council
October 27, 2025

Item No. 2

AGENDA REPORT
DATE: October 27, 2025
TO: Honorable Mayor and City Council
FROM: Ana V. Sauseda, Director of General Services/City C1erk4X5' Fermin Preciado, Director of Development Services/City Engineer Benjamin J. Matlock, Deputy Director of Community Development/City Planner SUBJECT: Second Reading of Ordinance No. 465
RECOMMENDATION:

That the City Council approve the second reading of Ordinance No. 465, 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,

83.030305, 83.040110, 84.0335, 84.0330, 87.0630, 84.0905, 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.

FISCAL IMPACT:

The recommendation does not result in a fiscal impact.

Attachment(s):

1. Ordinance No. 465
Approved by. — teL,

ATTACHMENT 1

ORDINANCE NO. 465

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, 83.030305, 83.040110,

84.0335, 84.0330, 87.0630, 84.0905, 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 Land Use Compliance Review shall be required to authorize an expansion or change or result in the development of four (4) or fewer multi family units. (b) 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 25% or 500 square feet (whichever is greater) of the ground area covered by the land use or square footage of the original permitted structure.
(c) A Land Use Compliance Review shall be required when an existing publicly owned institutional structure which is less than 10,000 square feet in area is altered or expanded 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, industrial, institutional, or multiple residential use which involves at least 500 square feet and is greater than 25% of the ground area covered by the land use or square footage of the original permitted structure. Cumulative expansions which mcct these critcria 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) mechanic ,
and the proposed location shall be reviewed to insure that the use is compatible with adjacent uses and that its location at the site proposed will not be detrimental to surrounding (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) Massage Therapy Establishments
(d) Off -Sale General (Type 21) alcohol establishments where 10% or more of the retail area is dedicated to alcohol sales"
3 Section 3.

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 four (4) or fewer multi- family units.
(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 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.
(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. (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"
4 Section 4. 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 (1)
Procedure:

Public Hearing
(2) Reviewing Authority:

Planning Commission
(A) Where there has been substantial public opposition to the proposal (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 the proposal
(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 (2) Reviewing Authority:

Community Development Director The community 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 procedures, at which time the proposal shall be referred to the planning commission and the public hearing procedures shall be followed.
(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.
5 (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.
(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." Section 5.

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
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
7 Section 6.
(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 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) Four 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.
8 (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.
(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."
9 Section 7.

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. (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 8.

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. Factors used to determine specific density shall include: compatibility with neighboring properties, quality of proposed development and service levels.
10 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. (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 11 one hundred (100) square feet shall be provided. This requirement may be waived by the Planning Commission and/or City Council if the proposed development contains other exceptional design features or amenities.
(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) skylights
(4) oversized closets
(5) refrigerator*
(6) automatic dishwasher*
(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
12 (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:
(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 multifamily complexes which projects that include a majority of two or more bedroom units, the City strongly encourages 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 shallsheekl 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, general, it is anticipated that the following standards will applybe applied wherever possible:
13 (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." 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 applybe applied wherever possible:
(1) Setback areas shall include landscape installations. (2) All parking lots, more than four (4) spaces, shouldshall 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.
14 (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.
(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.

88.0 30—Notincation.

Developer applicant shall cause a Notice of at least 12" x 24" to be erected on any property where a multi family housing project of five (5) or more units is proposed. Said sign should be 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.
15 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
95 Section 9. 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
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.
16 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 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 17 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. (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. 18 (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 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"
19 (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 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 m1).
(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:
20 (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:
(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 21 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.

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 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 22 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.
(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 10. 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
23 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 massage 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.
(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 massage therapy establishment is permitted. This chapter alone does not allow or permit any massage 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.
24 Section 88.01910 Automatic Deemed Approved Status
(a) The deemed approved massage therapy establishment regulations shall apply to all massage 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 Massage 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 massage therapy establishment and require the issuance of a Conditional Use Permit to continue the massage 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:
(A) The massage therapy establishment increases the floor area dedicated to massage activities, including the addition of beds, rooms, or additional massage therapists during a single shift. (B) The massage therapy establishment extends the hours of operation. (C) The massage 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 massage 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 massage 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. 25 (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 11. 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." Section 12. 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 13. 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, conditional use permit, variance, or any other entitlement authorizing the establishment, 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.

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 26 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 14. 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. 27 (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 Official. (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 28 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 15. 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:
29 (a) Compost
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
30 (d) Ground Cover:
(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
(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." 31 Section 16. 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 Improvement 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 17. 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.

Section 18. 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
32 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.
(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 1wethree review areas, each of which represents a different level of wildland hazard. A different set of requirements is applied in each review area. 33 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, and FR2 and FR3 Requirements.
(a) Construction Requirements
(1) Roof coverings shall be either non-combustible or fire -retardant with a minimum Class A rating, as defined in the 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.
(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.
34 (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 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 35 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 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 36 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
(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 37 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 19. 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 20. 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 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 21. Effective Date. This Ordinance shall be effective the 31 st day following its adoption by the City Council
38 SECTION 22. 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 27th day of October, 2025.

Jon Thorp, Mayor
ATTEST: APPROVED AS TO FORM
Ana V. Sauseda, MMC Steven Graham Pacifico, City Attorney Director of General Services/City Clerk
39