Item 16 - Case No. PLN-PDE-25-0002 Consideration of Ordinance Nos. 469, 470, 471 and 472

DATE:

TO:

AGENDA REPORT
October 27, 2025
Honorable Mayor and City Council
Item No. 16
FROM: Fermin Preciado, Director of Development Services/City Engineer Benjamin J. Matlock, Deputy Director of Community Development/City Planner ---- SUBJECT: Case No. PLN-PDE-25-0002: Consideration of Ordinance Nos. 469, 470, 471 and 472 Enhancing and Updating Elements of the Development Code to be Consistent with Current Development, Economic Market and Housing Law Standards.

RECOMMENDATION:

That the City Council conduct a public hearing and consider the Planning Commission's recommendation to:

1. Approve the introduction and first reading of Ordinance No. 469, an Ordinance of the City Council of the City of Yucaipa, California, adding Development Code Section 83.030323, Revocation, and amending Development Code Sections 88.01815 and 88.01905 to add revocation procedures as part of a periodic code requirement cleanup and enhancement; and

2. Approve the introduction and first reading of Ordinance No. 470, an Ordinance of the City Council of the City of Yucaipa, California, amending Development Code Section 83.030305,

83.030505 as part of a periodic code requirement cleanup and enhancement that includes a streamlined review for recently expired projects and the permitting process for congregate living health facilities; and

3. Approve the introduction and first reading of Ordinance No. 471, an Ordinance of the City Council of the City of Yucaipa, California, amending Development Code Section 83.030505 as part of a periodic code requirement cleanup and enhancement and establish a zoning compliance procedure for new businesses; and

4. Approve the introduction and first reading of Ordinance No. 472, an Ordinance of the City Council of the City of Yucaipa, California, amending Development Code 83.010305 as part of a periodic code requirement cleanup and enhancement and establish a policy for the automatic withdrawal of inactive entitlement applications; and

5. Adopt an Addendum to the 2016 Yucaipa General Plan Environmental Impact Report in accordance with the requirements of the California Environmental Quality Act of 1970 and the CEQA Guidelines, as amended; and

6. Direct staff to file a Notice of Determination subsequent to certification of the Addendum to the 2016 General Plan Environmental Impact Report.

As part of the City Council's formal action, the Council can approve all, or parts of each Ordinance as appropriate, or make any additional changes that may be necessary.

BACKGROUND/DISCUSSION:

On March 14, 1994, the City Council of the City of Yucaipa adopted a comprehensive Development Code that included zoning standards and development review procedures for the City of Yucaipa to evaluate a variety of development and land use proposals. However, this framework was a direct carry over from the Development Code from the County of San Bernardino at the time of incorporation and has a variety of elements that are outdated or unorganized for modem use.

To address this concern, the City of Yucaipa has begun the process of a Comprehensive Development Code Update Project. This effort will take over a year to complete; however, several changes must be made within an earlier timeframe to comply with state law and to implement key City Council initiatives, such as those outlined in the adopted Housing Element. As such, Ordinance No. 450 (Ordinance) was developed to address these changes.

On August 11, 2025, the City Council conducted a public hearing regarding Ordinance No. 450, which would add or modify up to 24 different sections of the City's Development Code as part of a generalized cleanup of various sections. At the conclusion of the public hearing, the City Council voted to remove the following sections from the Ordinance:
• Section 3 — Formal revocation procedures for land use entitlements • Section 4 — Amendments to Land Use Compliance Review list • Section 5 — A zoning clearance process for new businesses that replaces the annual business license
• Section 15 — Sign Regulations Intent
• Section 16 — Sign Encroachments
• Section 17 — Prohibited sign details to address public safety • Section 18 — City controlled billboard provisions
• Section 22 — Automatic withdraw of inactive projects
A revised ordinance with these changes, as well as minor corrections that correct the inconsistencies and/or invalid references, was then adopted under Ordinance No. 465 on September 8, 2025. During that hearing, the City Council requested that the other removed sections, except for those related to signage, be brought back for consideration under separate ordinances. Each section identified below relates to those topics and corresponds to a new Ordinance.

Ordinance 469: Revocation
State Law
GP - Housing
Econ Dev.

Public Safety
Procedure
Yes
Cleanup
Yes

Summary • Formal revocation procedures for land use entitlements of Changes
As part of the standard Conditions of Approval for each land use entitlement, reference is made that noncompliance with the required conditions may result in revocation of such entitlement. However, the Development Code does not directly include those procedures. This item has been introduced to memorialize the required steps and findings, consistent with past practices and the industry standard with other communities.

Why it matters: If the business or property owner with the permit to operate is not meeting the conditions of approval and/or causing issues in the community, the City has no ability to enforce the rules.

Ordinance 470: Land Use Compliance Review
State Law
GP - Housing
Econ Dev.

Public Safety
Procedure
Cleanup
Yes
Yes
Yes
Yes
Summary • Clarification on the approval for new units for existing residential projects of Changes • Clarification that process applies to all ground mounted signs • Introduces a streamlined process to entitle a recently expired project • Specifies that Congregate Living Health Facilities are peiiiiitted in all residential districts, subject to a Land Use Compliance Review
Streamlined Re -Entitlement Process
Consistent with the streamlined review philosophy as a "business friendly" effort, this section allows staff to reapprove a project that has expired within the past year, provided there have been no updates to applicable Development Code standards or General Plan policies that would require modifications to the previously approved project design. Due to fluctuations in the market conditions, as well as the recent experience with the Covid-19 Pandemic, the City has seen an increase in projects that are close to expiring but still in motion.

Why this matters: This change will reduce both the cost and procedural burden of reviewing a project that was previously approved just a few years before. The City has processed several older Conditional Use Permits where no changes are proposed, but the application fee and approval are consistent with the more robust process of a "new" application. For certain projects, this outstanding procedural element can be a deterrent for moving forward. As an example, the Kaiser Permanente site at the Yucaipa Pointe project is set to expire. The loss of the valid entitlement, along with the more engaged review process, would likely reduce the applicant's priority of constructing the site. A cost effective and streamlined approval would provide a benefit.

Congregate Living Health Facilities
The changes to this section identify that Congregate Living Health Facilities are a specific residential land use subject to this review procedure. The City Council has already adopted the definition for such uses.

Why it matters: The current Development Code does not specify how these uses may be approved.

Absent a change, they will default to our Residential Care Facility provisions, which are designed for more active types of care facilities.

Ordinance 471: Certificate of Land Use
State Law
GP - Housing
Econ Dev.

Yes
Public Safety
Procedure
Yes
Cleanup
Summary • Establishes a zoning clearance process for new businesses of Changes
The City of Yucaipa historically had an annual business license requirement for any entity that was conducting business within the City. This effort often resulted in a cumbersome process, with the Finance Division receiving applications from all City vendors, contractors (including those based outside the area), and brick and mortar establishments, then having to maintain these records and fees annually. As part of the process, the Community Development Department would also be responsible for reviewing and signing off all new applications. For most of these licenses, the Department's review was perfunctory, as out of area contractors and vendors typically did not present an issue from a land use perspective. However, new businesses within the City were reviewed for compliance with the permitted uses for their subject location. The business license application often lacked sufficient infoiniation to support the review, and coordination with the Finance Division liaison added further complexity to the process.

To provide better customer service experience, the City removed the universally applicable annual Business License requirement in 2024. As part of the internal staff review process, it was determined that creating a zoning -specific process would better serve the former Community Development Department role in that process.

This section modifies an unused section of the Development Code to establish the procedure. As part of its implementation, new business establishments would submit for a Zoning Clearance Review to:
1) ensure that the proposed use is allowed at the subject site, 2) determine if any permits are necessary prior to occupancy, and 3) determine if any other elements may be relevant to the business operator before they open. In lieu of the annual fee required under the previous process, new business owners will now complete a one-time application and receive an Economic Development Resource Package.

This package includes support for new businesses, guidance for grand openings, links to Chamber of Commerce membership and discounts, and infoiiiiation on participating in the City's Local Business Billboard Promotion Program, among other benefits. The intended goal is to ensure that business owners can open their doors as smoothly as possible and be supported along the way.

Why this matters: The City has a vested interest in knowing what businesses open in the community.

The report generated through the Zoning Clearance Review can help the City Council and other interested stakeholders know which new businesses will be coming to Yucaipa prior to their occupancy.

But other compelling reasons are also to make sure that new businesses are compliant with law. Below is a list of where the process is beneficial:
• Determine if the use is allowed in the subject site before opening or signing a lease • Ensure that the City meets its reporting and disclosure requirements under its National Pollutant Discharge Elimination System permit
• Provide a current list of businesses for required Fire Department inspections Ordinance 472: Applications for Land Use Decisions
State Law
GP - Housing
Econ Dev.

Public Safety
Procedure
Cleanup
Yes
Yes
Yes
Summary • Automatic withdraw of inactive projects
of Changes
Most projects that are submitted to the Planning Division move forward through the process efficiently and effectively, with the project proponents eager to arrive at a decision. However, several projects are submitted, and after comments are provided from the City, remain inactive for a substantial period. In some cases, these projects may be inactive for several years before an applicant realizes that they may be able to recover some of the application fees and then formally withdraw their application. To improve customer service, the proposed change would create an automatic withdrawal for projects that remain inactive for a year.

Why this matters: With changes in state law, residential projects are held to the adopted codes and standards that are in effect at the time of submittal. This means that if the City modifies its development standards, a long-standing inactive project could still be revived today and not be held to the current standards, including standards related to public safety. This change would help ensure that cases do not remain "on the books" for an indefmite timeline, and that projects do not inadvertently fall under outdated requirements.

ENVIRONMENTAL REVIEW:

The proposed Ordinances do 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 code updates has been prepared and has been recommended by the Planning Commission initially 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 Ordinances would not result in impacts not originally analyzed in the 2016 General Plan EIR.

FISCAL IMPACT:

The recommendations do not result in a fiscal impact.

Attachment(s):

1. Ordinance No. 469

2. Ordinance No. 470

3. Ordinance No. 471

4. Ordinance No. 472

5. Addendum to General Plan EIR
Approved by:

ATTACHMENT 1

ORDINANCE NO. 469

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YUCAIPA, CALIFORNIA, ADDING DEVELOPMENT CODE SECTION 83.030323, REVOCATION, AND AMENDING SECTIONS 88.01815 AND 88.01905 TO ADD REVOCATION

PROCEDURES 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 October 27, 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 October 27, 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 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 1 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, CALIFORNIA, DOES HEREBY 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 haiiiiful to the public health, safety and welfare.

Section 2. Section 83.030323 (Revocation) of Chapter 3 (Land Use Design Procedures) of Division 3 (Procedures) of the Yucaipa Development Code is hereby added to read:
"Section 83.030323 Revocation
(a) Any land use permit granted in accordance with the terms of this Chapter shall be revoked if a finding is made that:
(1) Any of the conditions or terms of such permit are violated; or (2) Any law or ordinance violated in connection therewith; or (3) The permit was obtained by fraud or misrepresentation; or (4) The use permit as implemented is detrimental to the public health or safety or is a nuisance.
(b) The Planning Commission shall hold a public hearing on any proposed revocation after giving ten (10) days' notice prior to the hearing. The Planning Commission shall report in writing its recommendation to revoke, modify or allow the use permit to remain unchanged to the City Council. The City Council shall hold a public hearing and shall determine the facts and may revoke, modify or allow the use permit to remain unchanged."
2 Section 3.

GG
Section 88.01815 of Chapter 18 (Alcohol Establishments) of Division 8 (Specific Use Design Standards) of the Yucaipa Development Code is amended to read as follows:

Section 88.01815 Operational Standards
( •)
(c) Noncompliance with the standards may result in the suspension or revocation of the Conditional Use Permit for the establishment. The City shall utilize its enforcement processes listed under Chapter 1.12 of the Municipal Code, and once the third citation has been issued, the revocation process listed under Section 83.030323 of the Development Code may be initiated.

Section 4.

Section 88.01905 of Chapter 19 (Massage Therapy Establishments) of Division 8 (Specific Use Design Standards) of the Yucaipa Development Code is amended to read as follows:
"Section 88.01905 Conditional Use Permits for New Massage Therapy Establishments (b) Conditions of Establishments. All establishments shall, at a minimum, comply with the provisions listed in Chapter 5.22 of the Municipal Code. Noncompliance with the standards may result in the suspension or revocation of the Conditional Use Permit for the establishment. The City shall utilize its enforcement processes listed under Chapter 1.12 of the Municipal Code, and once the third citation has been issued, the revocation process listed under Section 83.030323 of the Development Code may be initiated.

Section 5. 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.
3 Section 6. 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, initially presented as part of Ordinance No. 450 and the environmental determination has already been adopted 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 7. Effective Date.

This Ordinance shall be effective the 31 st day following its adoption by the City Council Section 8. Publication and Posting.

The Mayor shall sign this Ordinance and the City Clerk shall certify as to the adoption and shall cause the ordinance or a summary thereof to be published in accordance with state law.

PASSED, APPROVED and ADOPTED this day of , 2025.

Jon Thorp, Mayor
ATTEST: APPROVED AS TO FORM
Ana V. Sauseda, MMC Steven Graham Pacifico, City Attorney Director of General Services/City Clerk
4 ATTACHMENT 2

ORDINANCE NO. 470

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YUCAIPA, CALIFORNIA, AMENDING DEVELOPMENT CODE SECTION 83.030305 AS PART OF

A PERIODIC CODE REQUIREMENT CLEANUP AND ENHANCEMENT THAT

INCLUDES A STREAMLINED REVIEW FOR RECENTLY EXPIRED PROJECTS AND

THE PERMITTING PROCESS FOR CONGREGATE LIVING HEALTH FACILITIES 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 October 27, 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 October 27, 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 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 1 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, CALIFORNIA, DOES HEREBY 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.

Section 2.

Section 83.030305 (Procedures) of Chapter 3 (Land Use Design Procedures) of Division 3 (Procedures) of the Yucaipa Development Code is hereby amended to read:
"83.030305 Procedures.
(a) A Land Use Compliance Review application is required to accomplish the following:
(1) A Land Use Compliance Review shall be required to authorize an expansion or change of use which would require additional parking or have an occupant load of more than thirty (30), or result in the development of up to four (4) or fewer additional multi -family units in an existing project.
(2) A Land Use Compliance Review shall be required to authorize the expansion, alteration, or disturbance of land associated with an existing commercial, industrial, institutional, or multiple residential use which cumulatively involves no more than twenty-five percent (25%) or five hundred (500) square feet (whichever is greater) of the ground area covered by the land use or square footage of the original permitted structure.
2 (3) A Land Use Compliance Review shall be required when an existing publicly owned institutional structure which is less than ten thousand (10,000) square feet in area is altered or expanded by no more than five thousand (5,000) square feet. (4) Authorize the construction or addition of new freestanding or monument signs.
(5) Authorize the construction of a secondary dwelling unit as defined by, and subject to the standards set forth in, Section 84.0510(a)(1). (6) Authorize the construction of up to ten (10) 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. (10) Reauthorize a previously approved Conditional Use Permit, Planning Use Permit or similar land use entitlement that has been expired within the past year, provided there have been no updates to applicable Development Code standards or General Plan policies that would require modifications to the previously approved project design.
(11) Authorize a state -licensed Congregate Living Health Facility (CLHF) that meets the provisions of California Health and Safety Code 1267.16 (c) for persons who are terminally ill in any residential district. (b) The Land Use Compliance Review applies to developments that were subject to a Conditional Use Permit authorization or those uses that were legally established prior to establishment of regulations that required Conditional Use Permit authorizations or similar authorizations.
(c) Procedure
Staff Review without Notice
(d) Reviewing Authority
Community Development Director"
Section 3. Severability.

Section 5. Effective Date.

This Ordinance shall be effective the 31 st day following its adoption by the City Council Section 6. Publication and Posting.

The Mayor shall sign this Ordinance and the City Clerk shall certify as to the adoption and shall cause the ordinance or a summary thereof to be published in accordance with state law.

PASSED, APPROVED and ADOPTED this day of , 2025.

Jon Thorp, Mayor
ATTEST: APPROVED AS TO FORM
Ana V. Sauseda, MMC Steven Graham Pacifico, City Attorney Director of General Services/City Clerk
4 ATTACHMENT 3

ORDINANCE NO. 471

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YUCAIPA, CALIFORNIA, AMENDING DEVELOPMENT CODE SECTION 83.030505 AS PART OF

A PERIODIC CODE REQUIREMENT CLEANUP AND ENHANCEMENT AND

ESTABLISH A ZONING COMPLIANCE PROCEEDURE FOR NEW BUSINESSES 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 October 27, 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 October 27, 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 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 1 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, CALIFORNIA, DOES HEREBY 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.

Section 2.

Section 83.030505 (Procedures) of Article 5 (Certificate of Land Use Compliance) of Chapter 3 (Land Use Design Procedures) of Division 3 (Procedures) of the Yucaipa Development Code is hereby amended to read:
"83.030505 Procedures.
(a) Purpose. A zoning clearance is a ministerial procedure used by the City to verify that a proposed land use and associated business within a physical site in the City complies with the City's Development Code and is a permissible use within the subject land use district and that it also complies with the occupancy requirements of the existing or proposed structure.
(b) Applicability. A zoning clearance is required prior to the operation of any new business, or any change of business entering a physical site within the City of Yucaipa. (a) The Certificate of Land Use Compliance is used to certify the legal use of property, establish termination dates for nonconforming uses, disclose in public record conditions of operation, and any other long term conditions or restrictions that apply to the subject use or property.
(b) Filing Criteria
2 The Planning n gency may reg ire the filing of a Certificate of Land Use Compliance as a condition of approval of any land use application. The certificate shall reflect the information required by the Planning Agency and acknowledged by the applicant. The (c) Application Content. The application shall include all information available on the scale and intensity of the proposed business to assist staff in its review of compliance. (1) The certificate shall identify the real property involved. (2) The certificate shall certify that a given use is legally authorized by the City and identify any land use application that was
(3) The certificate shall list the conditions for the development and operation of a use on the site, including any required time limits for the termination of nonconforming uses or structures.
(d) Procedure
Staff Review without Notice
(e) Reviewing Authority
Community Development Director
(f) Conditions of Approval. No new conditions of approval shall be issued with an associated with a zoning compliance certification; however, disclosures or specific requirements may be attached to a zoning clearance to identify any high-level permit requirement, such as NPDES reporting requirements, Fire Department inspections or Hazardous Waste reporting requirements, or if any land use entitlements or building permits that are necessary to authorize the business/land use as part of the zoning compliance approval. Absent these disclosures, the Conditions of Approval from the prior land use entitlements would continue to apply regardless of the zoning clearance.
(g) Acknowledgment. A zoning clearance approval shall not become effective until the applicant submits a written acknowledgment and agreement to operate the proposed use in a manner that is consistent with the activity described in the approval." Section 3. Severability.

Section 5. Effective Date.

This Ordinance shall be effective the 31 st day following its adoption by the City Council Section 6. Publication and Posting.

The Mayor shall sign this Ordinance and the City Clerk shall certify as to the adoption and shall cause the ordinance or a summary thereof to be published in accordance with state law.

PASSED, APPROVED and ADOPTED this day of , 2025.

ATTEST:

Jon Thorp, Mayor

APPROVED AS TO FORM
Ana V. Sauseda, MMC Steven Graham Pacifico, City Attorney Director of General Services/City Clerk
4 ATTACHMENT 4

ORDINANCE NO. 472

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YUCAIPA, CALIFORNIA, AMENDING DEVELOPMENT CODE SECTION 83.010305 AS PART OF

A PERIODIC CODE REQUIREMENT CLEANUP AND ENHANCEMENT AND

ESTABLISH A POLICY FOR THE AUTOMATIC WITHDRAWAL OF INACTIVE

ENTITLEMENT APPLICATIONS
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 October 27, 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 October 27, 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 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 1 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, CALIFORNIA, DOES HEREBY 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.

Section 2. Section 83.010305 (Applications for Land Use Decisions) of Chapter 1 (General Procedures) of Division 3 (Procedures) is hereby amended to read:
"83.010305 Applications for Land Use Decisions.
(a) Applications for all land use decisions shall be made at the offices of the reviewing authority on forms supplied by that authority. Each application for a land use decision shall be accompanied by such information and materials deemed necessary to render the requested land use decision before such application is deemed complete and accepted for filing. Any application made under the provisions of the Development Code may be initiated by the City Council or by any interested party unless otherwise indicated in this Code.
(b) Any application that has been submitted and remained inactive for one year following City corrections shall be deemed as withdrawn." 2 Section 3. Severability.

Section 4. CEQA.

Section 5. Effective Date.

This Ordinance shall be effective the 31 st day following its adoption by the City Council Section 6. Publication and Posting.

The Mayor shall sign this Ordinance and the City Clerk shall certify as to the adoption and shall cause the ordinance or a summary thereof to be published in accordance with state law.

PASSED, APPROVED and ADOPTED this day of , 2025.

Jon Thorp, Mayor
ATTEST: APPROVED AS TO FORM
Ana V. Sauseda, MMC Steven Graham Pacifico, City Attorney Director of General Services/City Clerk
3 ATTACHMENT 5

ADDENDUM TO THE YUCAIPA GENERAL PLAN

ENVIRONMENTAL IMPACT REPORT
ORDINANCE 450

CITY OF
PREPARED BY:

MADELINE JORDAN & CHRISTIAN FARMER

CITY OF YUCAIPA
34272 YUCAIPA BOULEVARD
YUCAIPA, CA 92399
June 2025

Addendum to Yucaipa General Plan EIR
City of Yucaipa

INTRODUCTION
This document has been prepared to provide compliance with the requirements of the California Environmental Quality Act (CEQA) for a proposed "clean-up" ordinance that provides modified development standards for certain uses, Ordinance Number 450, (hereafter referred to as the "Ordinance"). The proposed Ordinance will address updated General Plan policies, implement portions of the City's Housing Element and ensure compliance with state law requirements; the update further seeks to remove ambiguities by memorializing interpretations made of existing Development Code provisions, and to encourage the development of certain commercial uses.

Purpose
The purpose of this Addendum to the 2016 Yucaipa General Plan Environmental Impact Report, inclusive of all subsequent analysis including the Housing Element Addendum to the General Plan EIR (hereafter referred to as the "EIR"), hereafter referred to as the "Addendum," is to explain that the adoption of the City proposed Ordinance would not create any new or substantially more severe significant effects on the environment that were not analyzed in the EIR, and augments the EIR analysis to be consistent with the Ordinance.

Background
The Yucaipa City Council adopted the 2016 General Plan update, and the associated EIR was certified on April 11, 2016. The EIR was prepared as a Program EIR pursuant to CEQA Guidelines Section 15168. This EIR covers the policies and programs identified in the City's General Plan Amendment, and should be considered inclusive of all subsequent analysis, including for the City's Housing Element.

On March 14, 1994, the City Council of the City of Yucaipa adopted a comprehensive Development Code that included zoning standards and development review procedures for the City of Yucaipa to evaluate a variety of development and land use proposals. However, this framework was a direct carry over from the Development Code from the County of San Bernardino and has a variety of elements that are outdated or unorganized for modern use.

To address this concern, the City of Yucaipa has begun the process of a Comprehensive Development Code. Project. This effort will take over a year to complete; however, several changes must be made within an earlier timeframe to comply with state law and to implement key City Council initiatives, such as those outlined in the adopted Housing Element. As such, Ordinance No. 450 (Ordinance) has been developed to address these changes. The Planning Division intends to complete annual adjustments to the Development Code after the adoption of the comprehensive Development Code update to ensure that changes to state law and other requirements remain current.

The updated code sections for the Ordinance fall under one of the following topics:
• Updates to ensure compliance with state law
• Implementing Housing Element programs
• Implementing economic development and fiscal sustainability goals • Enhancing public safety elements
• Reflecting longstanding internal procedures and processes 2 Addendum to Yucaipa General Plan EIR
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• General cleanup

PROJECT DESCRIPTION
This Project is the consideration of Ordinance No. 450, which adds or modifies 23 different elements of the Development Code to provide a periodic cleanup and enhancement, including updates to state law, implementing programs of the Housing Element, implementing preliminary economic development and fiscal revenue efforts, enhancing public safety elements, and reflecting longstanding internal procedures and processes. Most of the updates are simply procedural, ensuring compliance with state law as well as current City practices. Other areas provide objective requirements for areas of the code lacking specificity. Given the nature of many of the changes, they do not require additional analysis and are highlighted in Appendix A; however, the revisions that are pertinent to this Addendum will be the following sections:

Section 4 — Code Section 83.030305: Land Use Compliance Review The most notable change with this section is to introduce the permitting of mixed -use (Neighborhood Commercial uses) development opportunities within the City's RM-24 (High Density Residential) Land Use District. This is further discussed in Section 7 and pertains to sites specifically located on a Major or Secondary Highway, as identified by the General Plan.

Section 7 — Code Section 84.0335: High Density Multiple Residential This section introduces the permitting of mixed -use (Neighborhood Commercial) development opportunities within the City's RM-24 (High Density Residential) Land Use Districts that are specifically located on a Major or Secondary Highway, as identified by the General Plan. As part of the City's Housing Element, the City is required to plan for a variety of housing units at a range of income levels that are delegated by the Regional Housing Needs Assessment (RHNA) process through the Southern California Association of Governments (SCAG). In a prior housing cycle, areas along Oak Glen Road were designated as RM-24 to provide for the City's lower income categories, and this area was expanded as part of our current 2021-2029 Housing Element. To ensure the long term fiscal sustainability of the City, this proposed section is intended to accomplish two key outcomes. The primary objective is to further encourage the development of these units by offering greater flexibility for the development of such sites where access is readily available, and where the development of the planned units is critical for the City's implementation of the Housing Element.

However, the fiscal sustainability of the City's future has become a top priority of the City Council.

The proposed change would allow for additional sales tax opportunities and would facilitate commercial uses that are walkable to those new residential communities to reduce Vehicle Miles Traveled (VMT) and to create increased amenities for these new residents.

Section 20 — Height Regulations
Summary of Changes:
• Integrates the Fair Share provisions from the adopted Resolution No. 2024-53 related to taller structures to ensure that a future ladder truck is funded • Clarifies that the Community Development Director, not the Building Official, determines 3 Addendum to Yucaipa General Plan EIR
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certain structure increases consistent with historic practice • Provides added architectural flexibility to create defined building entrances • Allows a 25-foot height increase for medical buildings and hotels The City of Yucaipa has traditionally limited the height of all buildings due to the current fire equipment that is available by the Fire Department. As part of the Safety Element Update adopted on July 22, 2024, a long-term funding strategy was developed for the purchase and operation of this type of fire equipment. In addition, projects within the proposed Freeway Corridor Specific Plan update will be conditioned to participate in the initial cost of the acquisition. Once the equipment has been ordered, the prior constraints to building heights will be resolved. To ensure that there are sufficient participants in the funding program to maintain the annual costs, as well as to capture the economic development benefits realized with hotel projects and to further incentivize the healthcare industry to Yucaipa, the proposed section allows increased flexibility for certain land uses that are located within areas along the freeway to increase their building heights. This ensures that the costs are spread by multiple projects, and that there is appropriate demand for this type of specialized equipment. These changes also remain below the maximum building heights that could otherwise be facilitated with an aerial ladder truck to ensure that the scale of buildings remain appropriate for the community, and include increased setback limitations, which will allow for additional protection for neighboring parcels.

The remainder of the updates within the Ordinance pertain to procedural updates and development regulations, none of which would directly result in new development. As such, the remaining changes implemented through the Ordinance would not generate additional environmental impacts. These proposed modifications are either environmentally neutral or are expected to reduce potential impacts and, therefore, are not analyzed further herein.

GENERAL PLAN CONSISTENCY
In addition to the discussion below, a general plan consistency has been completed to show conformity with the policies of the City's General Plan. The changes to the Development Code contained in Ordinance 450 align with the many General Plan Policies, including but not limited to:
• CDL-1.1 Places to Live
• CDL-1.2 Places for Commerce
• CDL-1.7 Centers of Activity
• CDL- 10.1 Development Review
• CDL-10.5 Private Landscaping and Parks
• CDL-10.11 Building Footprint
• HN-2.1 Balanced Housing Stock
• HN-2.6 Multiple -Family Housing
• HN-3.2 Entitlement Process
• HN-3.3 Housing Incentives
• ED-1.1 Employment and Revenue Focus
• ED-1.2 Employment Needs of Residents
• ED-1.3 Infrastructure
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• ED-2.1 Retail Sales Growth
• ED-4.1 Fiscal Return of Land Use and Development
• ED-5.5 Business Attraction
• PSF-7.1 Capital Improvements
• PSF-7.3 Fair Share Funding

ENVIRONMENTAL PROCESS
CEQA Guidelines Section 15164 provides a lead or responsible agency the ability to prepare an addendum to a previously certified EIR if some changes or additions are necessary to adequately reflect a revisions to a proposed project or circumstances surrounding the project, and if there is substantial evidence that the revisions would not trigger the preparation of a Subsequent or Supplemental EIR, as provided in CEQA Guidelines Section 15162. The requirements for Section 15162 are as follows:
15162. Subsequent EIRs and Negative Declarations.
"(a) When an EIR has been certified or negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following:
(1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or
(3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the negative declaration was adopted, shows any of the following:
(A) The project will have one or more significant effects not discussed in the previous EIR or negative declaration;
(B) Significant effects previously examined will be substantially more severe than shown in the previous EIR;
(C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or
(D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponent decline to adopt the mitigation measure or alternative." As demonstrated in the environmental analysis contained herein, none of the potential impacts that 5 Addendum to Yucaipa General Plan EIR
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had been analyzed in the EIR would change with adoption and implementation of the proposed Ordinance. Adoption and full utilization of the Ordinance would result in marginal commercial growth which would be a nominal addition relative to the original analysis. As such, an Addendum to the certified Final EIR is appropriate because there have been only minor modifications and technical additions/changes to the project, and none of the conditions described in Section 15162 have occurred. The modifications do not constitute substantial changes to the Project and do not result in new significant environmental effects or a substantial increase in the severity of previously identified significant effects.

Pursuant to Section 15164 regarding an Addendum, this document is not required to be circulated for public review but can be included in or attached to the final EIR. The City Council shall consider the addendum with the Final EIR prior to making a decision on the Ordinance. 6 Addendum to Yucaipa General Plan EIR
City of Yucaipa

ANALYSIS
This Addendum will utilize the topical listings contained in the California Environmental Quality Act (CEQA) Appendix G Checklist as a method of evaluating the proposed Ordinance (the Project) and its potential impact upon the environment and relates to the original analysis in the EIR. The analysis begins with the list of the resource topics from the Checklist. Following the list is a response that summarizes the impacts originally identified and a discussion noting any potential changes that may have occurred. The analysis concludes with a statement noting if there are any additional changes to impacts that have resulted from the revised Project.

Aesthetics
Since the EIR was certified, are there any changes in the project, changes in circumstances under which the project is undertaken and/or "new information of substantial importance" that cause one or more effects to aesthetic resources including: scenic vistas; scenic resources including, but not limited to, trees, rock outcroppings, or historic buildings; existing visual character or quality of the site and its surroundings; or day or nighttime views in the area? Response:

The EIR concluded that impacts on aesthetics would be less than significant from the General Plan, and found no significant impacts to scenic vistas, scenic resources, visual quality, or light/glare. The Ordinance does not propose specific development, but provides a mechanism to streamline new development, to allow new mixed -use development in key corridors, and to allow for an increase in height for hotel and medical uses from the ground floor to the top of the roof/parapet. These projects would be subject to the same architectural guidelines and policies that govern any other development in the City. Additionally, while increases in height would be allowed, there will be a corresponding increase in setbacks for each additional floor that is added. Further, while the implementation of the Ordinance may result in taller buildings, the overall Floor -Area Ratio (FAR) will remain the same, resulting in a smaller building footprint which result in corresponding increases to parking areas, open space and landscaping. It should be noted that other districts in the City, such as Institutional, would continue to allow for structures higher than the revisions proposed, and therefore structures would not exceed what was previously permissible within the City.

There have not been changes nor any new information of substantial importance to indicate that the proposed Ordinance would result in new or more severe impacts relative to the General Plan.

Implementation of projects that could be developed under the Ordinance for new and existing development would be consistent with those in the General Plan and would be required to be consistent with adopted City policies and standards that reduce aesthetic and visual impacts.

Finding:

Neither the Project as analyzed in the Final EIR nor the project including the proposed Ordinance would result in a significant aesthetic impact; therefore, the changes in the Project do not result in a new significant environmental effect on aesthetics or a substantial increase in the severity of significant aesthetic effects previously identified in the Final EIR.

Agriculture and Forestry
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Since the previous EIR was certified, are there any changes in the project, changes in circumstances under which the project is undertaken and/or "new information of substantial importance" that cause one or more effects to agricultural resources including: conflict with zoning for, or result in rezoning of forest land; result in the loss of forest land or conversion of forest land to non -forest use; convert Important Farmland and/or conflict with existing zoning for agricultural use or Williamson Act contract?
Response:

The EIR found less than significant impacts to agricultural or forest resources. The City of Yucaipa is not located within a designated Forest Land area. The San Bernardino County Important Farmland Map 2010, Sheet 2 of 2, prepared by the California Department of Conservation, designates there are no sites within the City designated as "prime farmland". Implementation of the Ordinance would encourage the development of urban uses within the City core and would not impact any existing agricultural lands. There have been no changes in the project nor is there any new information of substantial importance to indicate that the proposed Ordinance would result in new or more severe impacts relative to the General Plan.

Finding:

Neither the Project as analyzed in the Final EIR nor the project including the proposed Ordinance would result in a significant impact to agricultural or forest resources; therefore, the changes in the Project do not result in a new significant environmental effect on agricultural or forest resources or a substantial increase in the severity of significant agricultural or forest resources effects previously identified in the Final EIR.

Air Quality
Since the previous EIR was certified, are there any changes in the project, changes in circumstances under which the project is undertaken and/or "new information of substantial importance" that cause one or more effects to air quality including: conflicts with or obstruction of implementation of the Air Quality Management Plan or applicable portions of the State Implementation Plan (SIP); violation of any air quality standard or substantial contribution to an existing or projected air quality violation; a cumulatively considerable net increase of any criteria pollutant for which the project region is non -attainment under an applicable federal or state ambient air quality standard; exposure of sensitive receptors to substantial pollutant concentrations; or creation of objectionable odors affecting a substantial number of people?
Response:

The EIR concluded that implementation of the General Plan would result in significant and unavoidable air quality impacts. The EIR analysis notes that the net emissions that result from the City's buildout under the Yucaipa General Plan, even with implementation of the General Plan mitigation measures, would result in a cumulatively considerable contribution to criteria air pollutants for which the Basin is in nonattainment (ozone, suspended particulates, and fine particulates). In addition, the proposed growth contemplated in the General Plan would exceed the growth anticipated in the South Coast Air Quality Management District's 2012 Air Quality Management Plan. Certification of the Final EIR included the adoption of Statement of Overriding Considerations pursuant to Section 15093 of the CEQA Guidelines. The Statement of Overriding Considerations included a number of the General Plan Policies that are designed to create a greater 8 Addendum to Yucaipa General Plan EIR
City of Yucaipa
quality of life, among other things, for the City of Yucaipa. General Plan Policies were related to a number of environmental topical areas, including air quality and greenhouse gas emissions.

Adoption of the proposed Ordinance would change the baseline that was assessed in the EIR in two ways. First, the update would allow for a modification to the height requirements for hotels and medical uses allowing up to 25 additional feet in height; however, the result would result in no net change to the square footage of the development as the overall development as the Floor -Area Ratio (FAR) would provide the same 1:1 limit, therefore resulting in no net change to development intensity. Secondly, the adoption of the Ordinance would result in modifications to development standards for RM-24 High Density Housing sites along select corridors within the City. These changes would allow for Neighborhood Commercial uses to be integrated with the residential uses, encouraging alternative modes of transit and reducing Vehicle Miles Traveled (VMT). The additional commercial growth would be a nominal addition relative to the original analysis, and the significant and unavoidable air quality impacts that were originally identified in the EIR would remain. The adoption of Statement of Overriding Considerations would continue to apply for the Ordinance.

Therefore, there are no changes to the project, or any new information of substantial importance, which indicate that the proposed Ordinance would significantly exacerbate air quality impacts beyond the analysis and conclusions in the EIR.

Finding:

The Project itself, as analyzed in the Final EIR, would result in significant air quality impacts.

However, the proposed Ordinance would not result in a new significant environmental effect on air quality or a substantial increase in the severity of significant air quality effects previously identified in the Final EIR.

Biological Resources
Since the previous EIR was certified, are there any changes in the project, changes in circumstances under which the project is undertaken and/or "new information of substantial importance" that cause one or more effects to biological resources including: adverse effects on any sensitive natural community (including riparian habitat) or species identified as a candidate, sensitive, or special status species in a local or regional plan, policy, or regulation, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service; adverse effects to federally protected wetlands as defined by Section 404 of the Clean Water Act; interference with the movement of any native resident or migratory fish or wildlife species or with wildlife corridors, or impeding the use of native wildlife nursery sites; and/or conflicts with the provisions of any adopted Habitat Conservation Plan, Natural Communities Conservation Plan, or other approved local, regional or state habitat conservation plan, policies or ordinances?
Response:

The EIR concluded that implementation of the General Plan could potentially result in significant impacts to biological resources, and that even with mitigation, impacts pertaining to a loss of biological habitat would be significant and unavoidable. Certification of the Final EIR included the adoption of Statement of Overriding Considerations pursuant to Section 15093 of the CEQA Guidelines and included a number of General Plan policies that were related to biological resources.

The proposed Ordinance would encourage development along existing developed corridors and on parcels which are already slated for high density residential development and for commercial 9 Addendum to Yucaipa General Plan EIR
City of Yucaipa
development. As such, the Ordinance would pertain to development already authorized, and does not include any policies or actions which would involve new or altered physical changes to the environment which have the potential to adversely affect biological resources. There have been no changes in the project nor is there any new information of substantial importance to indicate that the proposed Ordinance would result in new or more severe impacts to biological resources relative to the General Plan.

Finding:

The Final EIR concluded that the General Plan would result in significant impacts to biological resources. However, the changes in the Project do not result in a new significant environmental effect on biological resources or a substantial increase in the severity of significant biological resource effects previously identified in the Final EIR.

Cultural Resources
Since the previous EIR was certified, are there any changes in the project, changes in circumstances under which the project is undertaken and/or "new information of substantial importance" that cause one or more effects to cultural resources including: causing a change in the significance of a historical or archaeological resource as defined in State CEQA Guidelines Section 15064.5; destroying a unique paleontological resource or site or unique geologic feature; and/or disturbing any human remains, including those interred outside of formal cemeteries? Response:

The EIR concluded that implementation of the General Plan could result in potentially significant impacts to cultural resources which could be mitigated to a less than significant level. The proposed Ordinance would not impact undeveloped parcels that may have potential archeological or paleontological resources as the Ordinance would be limited to urbanized areas of the City and areas already identified as sites for development. There have been no changes to the project or new information of substantial importance which indicate that the proposed Ordinance could result in new or more severe impacts to cultural resources.

Finding:

Neither the Project itself as analyzed in the Final EIR nor the project including the proposed Ordinance, with mitigation, would result in a significant cultural resource impact; therefore, the changes in the Project do not result in a new significant environmental effect on cultural resources or a substantial increase in the severity of significant cultural resource effects previously identified in the Final EIR.

Geology and Soils
Since the previous EIR was certified, are there any changes in the project, changes in circumstances under which the project is undertaken and/or "new information of substantial importance" that result in one or more effects from geology and soils including: exposure of people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving rupture of a known earthquake fault, seismic -related ground failure, including liquefaction, strong seismic ground shaking, or landslides; result in substantial soil erosion or the loss of topsoil; produce unstable geological conditions that will result in adverse impacts resulting from landslides, lateral spreading, 10 Addendum to Yucaipa General Plan EIR
City of Yucaipa
subsidence, liquefaction or collapse; being located on expansive soil creating substantial risks to life or property; and/or having soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater?
Response:

The EIR concluded that implementation of the General Plan would not result in any direct or indirect significant effects related to geology and soils. The proposed Ordinance would provide a mechanism to implement residential and commercial uses. The building code requirements and General Plan policies pertaining to reducing geological hazards would apply to any projects that occur in the future.

There have been no changes in the project or is there any new information of substantial importance to indicate that the proposed Ordinance would result in new or more severe impacts relative to the General Plan.

Finding:

Neither the Project itself as analyzed in the Final EIR nor the project including the proposed Ordinance would result in a significant geology or soils impact; therefore, the changes in the Project do not result in a new significant environmental effect on geology or soils or a substantial increase in the severity of significant geology or soils effects previously identified in the Final EIR.

Greenhouse Gas Emissions
Since the previous EIR was certified, are there any changes in the project, changes in circumstances under which the project is undertaken and/or "new information of substantial importance" that show the project may generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment; or would conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emission of greenhouse gases? Response:

The EIR concluded that implementation of the General Plan in the City of Yucaipa would result greenhouse gas emissions over the long term that were significant and unavoidable. Certification of the Final EIR included the adoption of Statement of Overriding Considerations pursuant to Section 15093 of the CEQA Guidelines. The Statement of Overriding Considerations included a number of the General Plan policies that are designed to create a greater quality of life, among other things, for the City of Yucaipa. Policies were related to a number of environmental topical areas, including air quality and greenhouse gas emissions.

Adoption of the proposed Ordinance would potentially result in a change in two changes to the baseline analysis but would not result in new significant impacts. First, new hotels and medical uses would be permitted to build to a taller maximum height; however, the development intensity will remain limited by the FAR as identified in the City's General Plan, maintaining the overall development intensity of sites. Secondly, the implementation of the Ordinance would allow for mixed -use development along key corridors within the RM-24 land use district. This implementation would allow for neighborhood commercial and local serving uses adjacent to dense housing sites and would reduce car related trips and help to encourage alternative modes of transportation. This growth would be a nominal change relative to the original analysis, and the significant and unavoidable greenhouse gas impacts that were originally identified in the EIR would remain. 11 Addendum to Yucaipa General Plan EIR
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The adoption of Statement of Overriding Considerations would continue to apply for the Ordinance.

Therefore, there are no changes to the project, or any new information of substantial importance, which indicate that the proposed Ordinance would significantly exacerbate Greenhouse Gas impacts beyond the analysis and conclusions in the EIR.

Finding:

The Project itself, as analyzed in the Final EIR, would result in a significant Greenhouse Gas impacts.

However, the proposed Ordinance would not result in a new significant environmental effect on Greenhouse Gas emissions or a substantial increase in the severity of significant Greenhouse Gas effects previously identified in the Final EIR.

Hazards and Hazardous Materials
Since the previous EIR was certified, are there any changes in the project, changes in circumstances under which the project is undertaken and/or "new information of substantial importance" that result in one or more effects from hazards and hazardous materials including: creation of a significant hazard to the public or the environment through the routine transport, storage, use, or disposal of hazardous materials or wastes; creation of a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment; production of hazardous emissions or handling hazardous or acutely hazardous materials, substances, or waste within one- quarter mile of an existing or proposed school; location on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 creating a hazard to the public or the environment; location within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport; within the vicinity of a private airstrip resulting in a safety hazard for people residing or working in the project area; impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan; and/or exposure of people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Response:

The EIR concluded that implementation of the General Plan would result in less than significant impacts pertaining to hazards and that during the planning review process for individual projects, impacts to hazards and hazardous materials would be appropriately assessed. The proposed Ordinance would provide a mechanism to implement mixed -use development standards as well as modify the Development Code requirements pertaining to the maximum height for certain uses. The building code requirements and General Plan policies pertaining to reducing hazards would apply to any development projects that occur in the future. Further, the proposed revisions for the building height are intended to encourage development that would directly benefit from the City's fire equipment investment, and would provide a long-term funding source for the sustained operation of the equipment. There have been no changes in the project or is there any new information of substantial importance to indicate that the proposed Ordinance would result in new or more severe impacts relative to the General Plan.

Finding:

Neither the Project itself as analyzed in the Final EIR nor the project including the proposed Ordinance would result in a significant hazard impacts; therefore, the changes in the Project do not 12 Addendum to Yucaipa General Plan EIR
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result in a new significant environmental effect with respect to hazards or a substantial increase in the severity of significant hazard effects previously identified in the Final EIR.

Hydrology and Water Quality
Since the previous EIR was certified, are there any changes in the project, changes in circumstances under which the project is undertaken and/or "new information of substantial importance" that cause one or more effects to hydrology and water quality including: violation of any waste discharge requirements; an increase in any listed pollutant to an impaired water body listed under section 303(d) of the Clean Water Act; cause or contribute to an exceedance of applicable surface or groundwater receiving water quality objectives or degradation of beneficial uses; substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level; substantially alter the existing drainage pattern of the site or area in a manner which would result in substantial erosion, siltation or flooding on- or off -site; create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems; provide substantial additional sources of polluted runoff; place housing or other structures which would impede or redirect flood flows within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map, including City Floodplain Maps; expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam; and/or inundation by seiche, tsunami, or mudflow? Response:

The EIR concluded that the General Plan would not significantly impact hydrology, water quality, or create flood hazards through implementation of standard conditions of approval and adherence to General Plan policies and regulatory requirements. The proposed Ordinance does not directly permit the construction of any specific projects, but provides a mechanism to implement mixed -use development standards and modifies the Development Code requirements for the permitted height of medical and hotel uses. Any potential impacts would be specific to future development requests, and each project would be subject to their own design review. Potential impacts would be based on a number of factors that relate to the proposed design and development approach utilized for each respective development proposal. However, all of the individual projects associated with implementation of the Ordinance would be subject to applicable regulations, feature the standard conditions of approval to minimize or mitigate any potential impacts, and be required to meet all regulatory requirements pertaining to water quality impacts. There have been no changes in the project nor is there any new information of substantial importance to indicate that the proposed Ordinance would result in new or more severe impacts relative to the General Plan.

Finding:

Neither the Project itself as analyzed in the Final EIR nor the project including the proposed Ordinance would result in a significant hydrology /water quality impacts; therefore, the changes in the Project do not result in a new significant environmental effect on hydrology/ water quality or a substantial increase in the severity of significant hydrology/ water quality effects previously identified in the Final EIR.

Land Use Planning
Since the previous EIR was certified, are there any changes in the project, changes in circumstances 13 Addendum to Yucaipa General Plan EIR
City of Yucaipa
under which the project is undertaken and/or "new information of substantial importance" that cause one or more effects to land use and planning including: physically dividing an established community; and/or conflicts with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project adopted for the purpose of avoiding or mitigating an environmental effect?
Response:

The EIR concluded that implementation of the General Plan would result in a less than significant impact for land use and planning. The proposed Ordinance would implement the goals and policies of the General Plan and include provisions to allow for the development of mixed -use projects in the RM-24 Land Use District. In addition, the Ordinance establishes a new height requirement that provides greater flexibility for future proposals to support goals and policies related to land use compatibility, high quality design, and greater site amenities. As such, there have been no new information of substantial importance to indicate that the proposed Ordinance would result in new or more severe impacts relative to the General Plan.

Finding:

Neither the Project itself as analyzed in the Final EIR nor the project including the proposed Ordinance would result in a significant land use impact; therefore, the changes in the Project do not result in a new significant environmental effect on land use or a substantial increase in the severity of significant land use effects previously identified in the Final EIR.

Mineral Resources
Since the previous EIR was certified, are there any changes in the project, changes in circumstances under which the project is undertaken and/or "new information of substantial importance" that cause one or more effects to mineral resources including: the loss of availability of a known mineral resource that would be of value to the region and the residents of the state; and/or loss of locally - important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan?
Response:

According to the Yucaipa General Plan, the City is located within the MRZ-3 designation established by the State of California Division of Mines and Geology. The MRZ-3 Zone is defined as "an area containing mineral deposits, the significance of which cannot be evaluated based upon available data." The EIR concluded that there would be less than significant impacts to mining resources. There have been no changes in the project nor is there any new information of substantial importance to indicate that the proposed Ordinance would result in new or more severe impacts relative to the General Plan.

Finding:

Neither the Project itself as analyzed in the Final EIR nor the project including the proposed Ordinance would result in a significant mineral resource impact; therefore, the changes in the Project do not result in a new significant environmental effect on mineral resources or a substantial increase in the severity of significant mineral resource effects previously identified in the Final EIR.

Noise
14 Addendum to Yucaipa General Plan EIR
City of Yucaipa
Since the previous EIR was certified, are there any changes in the project, changes in circumstances under which the project is undertaken and/or "new information of substantial importance" that result in one or more effects from noise including: exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies; exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels; a substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project; a substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project; for projects located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, or for projects within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? Response:

The EIR concluded that the General Plan would result in substantial noise impacts that would remain significant and unavoidable after mitigation, and certification of the Final EIR included the adoption of Statement of Overriding Considerations pursuant to Section 15093 of the CEQA Guidelines. The proposed Ordinance does not directly permit construction but provides a mechanism for the development of mixed -use projects within certain parts of the City and allows for increased flexibility for the construction of certain uses within commercial land use districts. Future development projects may result in temporary construction -related noise impacts. While construction activities will periodically raise noise levels above their current levels, the level of noise increase is not expected to be substantial and will only occur during the limited time associated with these activities, and any future project would also be required to adhere to Section 87.0905(e) of the Yucaipa Municipal Code.

Specific proposals would be evaluated for their context relative to adjacent uses to determine project -level specific noise related impacts during operation. However, there have been no changes in the project nor is there any new information of substantial importance to indicate that the proposed Ordinance would result in new or more severe impacts relative to the General Plan. In addition, the adoption of Statement of Overriding Considerations would continue to apply for the Ordinance.

Finding:

The Project itself, as analyzed in the Final EIR, would result in a significant noise impacts. However, the proposed Ordinance would not result in a new significant environmental effect on noise; therefore, the changes in the Project do not result in a new significant environmental effect on noise or a substantial increase in the severity of significant noise effects previously identified in the Final EIR.

Population and Housing
Since the previous EIR was certified, are there any changes in the project, changes in circumstances under which the project is undertaken and/or "new information of substantial importance" that result in one or more effects to population and housing including displacing substantial numbers of existing housing or people, necessitating the construction of replacement housing elsewhere? Response:

The EIR concluded that the General Plan would result in less than significant impacts to population and housing. However, implementation of the General Plan would result in population and employment growth with the City of Yucaipa relative to baseline conditions. The Ordinance would 15 Addendum to Yucaipa General Plan EIR
City of Yucaipa
incentivize mixed -use development within the City's RM-24 Land Use District to further encourage the development of areas designated for higher density housing as well as providing local employment opportunities. In addition, the Ordinance would encourage the development of hotels and the medical field within the City of Yucaipa which could provide employment growth to the local economy. The Ordinance would not result in an increased demand for housing nor would it result in permanent employment -generating activities that would generate demand for housing, but would help facilitate the City's housing goals, as listed in its Housing Element. There have been no changes in the project nor is there any new information of substantial importance to indicate that the proposed Ordinance would result in new or more severe impacts relative to the General Plan.

Finding:

Neither the Project itself as analyzed in the Final EIR nor the project including the proposed Ordinance would result in a significant population or housing impact; therefore, the changes in the Project do not result in a new significant environmental effect on population or housing, or a substantial increase in the severity of significant population or housing effects previously identified in the Final EIR.

Public Services
Since the previous EIR was certified, are there any changes in the project, changes in circumstances under which the project is undertaken and/or "new information of substantial importance" that result in one or more substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities or the need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the following public services: fire protection, police protection, schools, parks, or other public facilities? Response:

The EIR concluded that while the General Plan would induce growth, service ratios, response times, or performance objectives for public services would not be significantly affected as the existing facilities in conjunction with the City's Development Impact Fees are adequate to accommodate the potential growth. In addition, the General Plan includes a variety of goals and policies that relate to improving public facilities. Through implementation of the Ordinance, the City can address several General Plan policies that have an impact to public services, including the following:
• CDL-1.2 Places for Commerce
• CDL-5.7 Neighborhood Quality
• CDL-7.5 Financing and Infrastructure
• CDL-11.1 Community Preservation
• HN-1.3 Public Services and Infrastructure
• PR-1.8 Funding Parks
• ED-1.1 Employment and Revenue Focus
• ED-1.3 Infrastructure
Development Impact Fees, the fair share provisions for Resolution No. 2024-53, and other pertinent General Plan policies would apply to development applications under the proposed Ordinance. 16 Addendum to Yucaipa General Plan EIR
City of Yucaipa
Therefore, there have been no changes in the project nor is there any new information of substantial importance to indicate that the proposed Ordinance would result in new or more severe impacts relative to the General Plan.

Finding:

Neither the Project itself as analyzed in the Final EIR nor the project including the proposed Ordinance would result in a significant public services impact; therefore, the changes in the Project do not result in a new significant environmental effect on public services or a substantial increase in the severity of significant public service effects previously identified in the Final EIR.

Recreation
Since the previous EIR was certified, are there any changes in the project, changes in circumstances under which the project is undertaken and/or "new information of substantial importance" that result in an increase in the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated; or that include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? Response:

The EIR concluded that there would be less than significant impacts to recreational resources. The Ordinance does not directly permit any recreational facilities, but through the mixed -use development and incorporation of the City's multiple family development standards, a variety of residential amenities would be included as part of the development of any RM-24 sites. Review of any specific project would be subject to City policies and applicable federal and state regulations. There have been no changes in the project nor is there any new information of substantial importance to indicate that the proposed Ordinance would result in new or more severe impacts relative to the General Plan.

Finding:

Neither the Project itself as analyzed in the Final EIR nor the project including the proposed Ordinance would result in a significant recreation impact; therefore, the changes in the Project do not result in a new significant environmental effect on recreation or a substantial increase in the severity of significant recreation effects previously identified in the Final EIR.

Transportation and Traffic
Since the previous EIR was certified, are there any changes in the project, changes in circumstances under which the project is undertaken and/or "new information of substantial importance" that cause effects to transportation/traffic including: conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non -motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit; conflict with an applicable congestion management program, including, but not limited to, level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways; cause a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks; substantial increase in hazards due to a 17 Addendum to Yucaipa General Plan EIR
City of Yucaipa
design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment); inadequate emergency access; and/or a conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? Response:

The EIR concluded that General Plan would result in significant and unavoidable impacts to Caltrans' freeway mainline and interchanges, and the feasible mitigation measures for the City are not available because such measures are outside of the City's jurisdiction to implement. Since the adoption of the General Plan EIR, there has been a shift from Level of Service based traffic analysis to a Vehicle Miles Traveled (VMT)-based analysis. The implementation of the Ordinance would not include any specific project but would instead provide a mechanism for mixed -use development as well as modified development standards for hotel and medical uses. The implementation of mixed -use development would provide additional neighborhood commercial uses to higher density residential areas, providing amenities that would reduce VMT by providing the convenience of nearby uses and encouraging alternative modes of transportation. In addition, the increase in height for commercial uses would not induce a higher VMT, as the net development capacity would remain the same. As such, there have been no changes in the project nor is there any new information of substantial importance to indicate that the proposed Ordinance would result in new or more severe impacts relative to the General Plan. In addition, the adoption of Statement of Overriding Considerations would continue to apply for the Ordinance.

Finding:

Neither the Project itself as analyzed in the Final EIR nor the project including the proposed Ordinance, with mitigation, would result in a significant cultural resource impact; therefore, the changes in the Project do not result in a new significant environmental effect on transportation and traffic or a substantial increase in the severity of significant cultural resource effects previously identified in the Final EIR.

Tribal Cultural Resources
Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k) or a resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1? Response:

The EIR concluded that implementation of the General Plan could result in potentially significant impacts to cultural resources, including tribal cultural resources, which could be mitigated to a less than significant level. The proposed Ordinance would be limited to urbanized areas of the City and areas already identified as sites for development. There have been no changes to the project or new information of substantial importance which indicate that the proposed Ordinance could result in new 18 Addendum to Yucaipa General Plan EIR
City of Yucaipa
or more severe impacts to tribal cultural resources.

Finding:

Neither the Project itself as analyzed in the Final EIR nor the project including the proposed Ordinance, with mitigation, would result in a significant cultural resource impact; therefore, the changes in the Project do not result in a new significant environmental effect on cultural resources or a substantial increase in the severity of significant tribal cultural resource effects previously identified in the Final EIR.

Utilities and Service Systems
Since the previous EIR was certified, are there any changes in the project, changes in circumstances under which the project is undertaken and/or "new information of substantial importance" that cause effects to utilities and service systems including: exceedance of wastewater treatment requirements of the applicable Regional Water Quality Control Board; require or result in the construction of new water or wastewater treatment facilities, new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects; require new or expanded entitlements to water supplies or new water resources to serve the project; result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments; be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs; and/or noncompliance with federal, state, and local statutes and regulations related to solid waste?
Response:

The EIR concluded that the implementation of the General Plan would result in significant impacts to utilities and service systems as the persistent drought conditions have created uncertainty over long-term water availability with full buildout of the General Plan. As such, certification of the Final EIR included the adoption of Statement of Overriding Considerations pursuant to Section 15093 of the CEQA Guidelines. The proposed Ordinance would provide a mechanism for mixed -use development in the City's RM-24 Land Use District along major corridors and for the increased height of certain commercial uses. With implementation of the Ordinance, a marginal increase to commercial space over baseline could potentially occur, but will be required to comply with all conditions, requirements from external agencies and state law as existing baseline. However, this addition represents a nominal difference from the General Plan EIR. Therefore, there have been no changes in the project nor is there any new information of substantial importance to indicate that the proposed Ordinance would result in new or more severe impacts relative to the General Plan. In addition, the adoption of Statement of Overriding Considerations would continue to apply for the Ordinance.

Finding:

The Final EIR concluded that the General Plan would result in significant impacts to utility / services.

However, the changes in the Project do not result in a new significant environmental effect on utilities / services or a substantial increase in the severity of significant utility / services effects previously identified in the Final EIR.
19 Addendum to Yucaipa General Plan EIR
City of Yucaipa
Wildfire
If located in or near a State Responsibility Area ("SRA"), lands classified as very high fire hazard severity zone, or other hazardous fire areas that may be designated by the Fire Chief, would the project: substantially impair an adopted emergency response plan or emergency evacuation plan? Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to, pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire? Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post -fire slope instability, or drainage changes?
Response:

Wildfire was not a formally designated review section for the General Plan EIR, but was identified in the Hazards analysis of the EIR. However, the implementation of this Ordinance would not significantly impact wildfire impacts and could actually reduce the impacts by allowing mixed -use and encouraging development on key corridors within the core of the City. The Ordinance will incentivize development in areas that are the least impacted by wildfire, and will not create any additional hazards by impairing evacuation routes. Additionally, the Ordinance would fund additional emergency services through the fair share provisions of Resolution No. 24-053, providing additional resources and tools for emergency services.

Finding:

Neither the Project itself as analyzed in the Final EIR nor the project including the proposed Ordinance, with mitigation, would result in a significant Wildfire impact; therefore, the changes in the Project do not result in a new significant environmental effect on Wildfire.

Mandatory Findings of Significance
Since the previous EIR was certified, are there any changes in the project, changes in circumstances under which the project is undertaken and/or "new information of substantial importance" that result in any mandatory finding of significance listed below?
Does the project degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects ofpastprojects, the effects of other current projects, and the effects of probable future projects) ? Does the project have environmental effects, which will cause substantial adverse effects on human beings, either directly or indirectly?
20 Addendum to Yucaipa General Plan EIR
City of Yucaipa
Response:

The analysis in the EIR concluded that the General Plan would have a significant effect on the environment for the City of Yucaipa, as additional growth could impact a variety of environmental topic areas. As such, Certification of the Final EIR included the adoption of Statement of Overriding Considerations pursuant to Section 15093 of the CEQA Guidelines. However, there have been no changes in the project nor is there any new information of substantial importance to indicate that the proposed Ordinance would result in new or more severe impacts relative to the General Plan. The Statement of Overriding Considerations of continue to apply for the proposed Ordinance.

Finding:

Neither the Project itself as analyzed in the Final EIR nor the project including the proposed Ordinance would trigger one of the mandatory findings of significance.

CONCLUSION
This Addendum was prepared pursuant to Section 15164 of the CEQA Guidelines. The analysis contained herein demonstrates that the conditions described in Section 15162 of the Guidelines that call for preparation of a subsequent or supplemental EIR have not been met, and that the adoption of the Ordinance would not result in impacts not originally analyzed in the 2016 General Plan EIR et al.
21 Appendix A — Revisions that do not result in environmental impacts Appendix A
As noted in the project description, many of the elements proposed as part of Ordinance No. 450 reflect minor changes that correspond to required updates under state law or memorialize existing practices and procedures.

The following table provides a summary of these changes.

Ordinance Section No.

Relevant Topic
Summary of CEQA Exemption

2. Code Section

83.030105: Conditional
Use
Removes duplicative text from Land
Use Compliance Review Section,
and modifies which uses trigger a
Conditional Use Permit
Exempt pursuant to CEQA
Guidelines Section 15061(b)(3), as
changes are procedural and can be
seen with certainty that there is no
possibility that the activity in
question may have a significant
effect on the environment.

3. Code Section

83.030323: Revocation
Formal revocation procedure for
land use entitlements
Exempt under CEQA Guidelines
Section 15061(b)(3) and 15321
(Class 21): Enforcement Actions By
Regulatory Agencies. The
revocation process will not lead to
any development but provides the
City formal procedures for
revocation.

4. Code Section

83.030305: Land Use
Compliance Review
• Approval for residential
projects increased from four (4)
units to ten (10), consistent with
law
• Clarification that process
applies to all ground mounted
signs
• Introduces a streamlined
process to entitle a recently
expired project
• Specifies that Congregate
Living Health Facilities are
permitted in all residential
districts, subject to a Land Use
Compliance Review
Exempt pursuant to CEQA
Guidelines Section 15061(b)(3),
because it can be seen with certainty
that there is no possibility that the
activity in question may have a
significant effect on the environment
as the update is procedural only,
except for residential approvals.

Residential approvals are related to
new state law where 10 units are
now to be approved through a
ministerial process.

5. Code Section

83.030505: Certificate
of Land
Establishes a zoning clearance
process for new businesses
Exempt pursuant to CEQA
Guidelines Section 15061(b)(3), as
changes are procedural and can be
seen with certainty that there is no
possibility that the activity in
question may have a significant
effect on the environment.

6. Code Section

83.040110: Tentative
Tract Map Procedures
• Ten (10) lots or less, or
otherwise specified by a city
planning document, is approved
ministerially
Exempt pursuant to CEQA
Guidelines Section 15061(b)(3),
because it can be seen with certainty
that there is no possibility that the
activity in question may have a
significant effect on the environment
22 Appendix A — Revisions that do not result in environmental impacts • Ministerial projects are not
subject to a project notice
• Removal of provisions to skip
public hearings
as the update is procedural only,
except for residential approvals.

Residential approvals are related to
new state law where 10 units are
now to be approved through a
ministerial process.

8. Code Section

84.0330: Multiple
Residential (RM)
Approval for residential projects
increased from four (4) units to ten
(10), consistent with law
Development standards cross
reference Design Guidelines
Provisions for small lot subdivision
projects per Housing Element
Exempt pursuant to CEQA
Guidelines Section 15061(b)(3),
because it can be seen with certainty
that there is no possibility that the
activity in question may have a
significant effect on the environment
as the update is procedural only.

Residential approvals are related to
new state law where 10 units are
now to be approved through a
ministerial process.

9. Code Section

87.0630: Residential
Parking Standards
Includes Density Bonus Parking
reference
Adds Small Lot Subdivision to
Detached Condominium category
Exempt pursuant to CEQA
Guidelines Section 15061(b)(3), as
changes are procedural and can be
seen with certainty that there is no
possibility that the activity in
question may have a significant
effect on the environment. Small Lot
Subdivisions are the same product
type as condominiums but with
different fee ownership, and density
bonus parking requirements are
established by state law.

10. Multiple Residential
Design Standards
Adds small lot subdivision standards
Clarifies RM and RM-24 Distinction
Adds reference to Density Bonus
and Design Guidelines
Modifies existing standards on the
following topics to be objective:
o Open Space Amenities
o Trash Enclosure
o Tot lot and community focal
point
o Parking lot and perimeter
landscaping
Removal of a two (2) square foot
notification sign
Exempt pursuant to CEQA
Guidelines Section 15061(b)(3), as
the changes add clarity to the
existing standards or remove
subjective requirements to better
align towards statewide requirements
for the review of housing projects,
and the changes themselves
therefore can be seen with certainty
that there is no possibility that the
activity in question may have a
significant effect on the
environment.

11. Alcohol
Establishment
Regulations
Establishes certain performance
standards and permitting
requirements for certain off -site
alcohol sales establishments;
existing establishments are
considered as "deemed approved"
Exempt pursuant to CEQA
Guidelines Section 15061(b)(3),
because it can be seen with certainty
that there is no possibility that the
activity in question may have a
significant effect on the environment
as the update is procedural only.

Establishments subject to the
23 Appendix A — Revisions that do not result in environmental impacts permitting process would be exempt
pursuant to Section 15301 of the
CEQA Guidelines.

12. Massage Therapy
Establishments
Establishes a Conditional Use
Permit requirement for all new
massage therapy establishments;
existing establishments are
considered as "deemed approved"
Exempt pursuant to CEQA
Guidelines Section 15061(b)(3),
because it can be seen with certainty
that there is no possibility that the
activity in question may have a
significant effect on the environment
as the update is procedural only.

Establishments subject to the
permitting process would be exempt
pursuant to Section 15301 of the
CEQA Guidelines.

13. Code Section
812.030143:

Congregate Living
Health Facility
Adds a definition for Congregate
Living Health Facility
Exempt pursuant to CEQA
Guidelines Section 15060(c)(3) as
providing the definition does not
constitute a project per section
15378.

14. Code Section
812.19096: Small Lot
Subdivision
Adds definition for small lot
subdivisions
Exempt pursuant to CEQA
Guidelines Section 15060(c)(3) as
providing the definition does not
constitute a project per section
15378.

15. Code Section

87.0701: Sign
Regulations - Intent
Additional statement on sign
regulation intent
This modification is exempt
pursuant to CEQA Guidelines
Section 15060(c)(3) as providing the
definition does not constitute a
project per section 15378.

16. Code Section

87.0705: Sign
Regulations — General
Provisions
Clarifies encroachment into public
right of way for City -controlled
signs
Exempt pursuant to CEQA
Guidelines Section 15061(b)(3), as
changes are procedural and can be
seen with certainty that there is no
possibility that the activity in
question may have a significant
effect on the environment.

17. Code Section

87.0710: Sign
Regulations —
Prohibited signs
Clarifies that flashing signs are
prohibited
This modification is exempt from
CEQA pursuant to Sections
15060(c)(2) of the Title 14 of the
California Code of Regulations
because it will not result in a direct
or reasonably foreseeable indirect
physical change in the environment.

Revisions clarify and amplify
existing restrictions.

18. Code Section

87.0725: Sign
Regulations — Primary
Signs
Adds clarity and provisions for City-
Communication Billboards
Exempt pursuant to CEQA
Guidelines Section 15061(b)(3), as
changes are procedural and can be
seen with certainty that there is no
possibility that the activity in
24 Appendix A — Revisions that do not result in environmental impacts question may have a significant
effect on the environment.

19. Code Section

84.0905: Marijuana
Uses Prohibited
Clarifies that all commercial
marijuana uses are prohibited except
as permitted by the Municipal Code
(ex. Delivery services per state law
This modification would be exempt
pursuant to CEQA Guidelines
Section 15061(b)(3), because it can
be seen with certainty that there is no
possibility that the activity in
question may have a significant
effect on the environment as the
update is procedural only.

21. Landscape
Regulations
Integrates the City's standard
Conditions of Approval for
landscaping into the Development
Code
Exempt pursuant to CEQA
Guidelines Section 15061(b)(3),
because incorporating the existing
Conditions of Approval that are
applied towards all new
development projects formally into
the development code can be seen
with certainty that there is no
possibility that the activity in
question may have a significant
effect on the environment as the
update is procedural only.

22. Code Section

83.010305:

Applications for Land
Use Decisions
Automatic withdraw of inactive
projects
This modification is exempt from
CEQA pursuant to Sections
15060(c)(2) of the Title 14 of the
California Code of Regulations
because it will not result in a direct
or reasonably foreseeable indirect
physical change in the environment.

23. Code Section

83.041120: Subdivision
Design and
Improvements
Establishes a Homeowner's
Association requirement for master
planned communities or for
subdivisions over 50 units
This modification would be exempt
pursuant to CEQA Guidelines
Section 15061(b)(3), because it can
be seen with certainty that there is no
possibility that the activity in
question may have a significant
effect on the environment as the
update is procedural only.

Maintenance activities for
landscaping are exempt pursuant to
Section 15301.

24. Code Section

83.030225: Final Map
Establishes flexibility for a "Timely
Filed Map
This modification is exempt from
CEQA pursuant to Sections
15060(c)(2) of the Title 14 of the
California Code of Regulations
because it will not result in a direct
or reasonably foreseeable indirect
physical change in the environment.

Subdivision projects would have
been subject to their own specific
review.
25 Appendix A — Revisions that do not result in environmental impacts

25. Fire Safety Overlay
Updates Fire Hazard Overlay
This modification would be exempt
references to correspond to new Fire
pursuant to CEQA Guidelines
Hazard Severity Maps issued by the
Section 15061(b)(3), because it can
Office of State Fire Marshal.
be seen with certainty that there is no
Establishes "FR-3" District to
possibility that the activity in
correspond to new Moderate Fire
question may have a significant
Hazard Severity Zone
effect on the environment as the
update is procedural only.
26

Yucaipa City CouncilOctober 27, 2025

Yucaipa City Council
October 27, 2025