CITY OF
AGENDA REPORT
Item No. 4
DATE: November 10, 2025
TO: Honorable Mayor and City Council
FROM: Ana V. Sauseda, Director of General Services/City Clerk 41/3' Fermin Preciado, Director of Development Services/City Engineer V Benjamin J. Matlock, Deputy Director of Community Development/City Planner ' SUBJECT: Second Reading of Ordinance No. 469
RECOMMENDATION:
That the City Council approve the second 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 Sections 88.01815 and 88.01905 to add Revocation Procedures as part of a periodic code requirement cleanup and enhancement.
FISCAL IMPACT:
The recommendation does not result in a fiscal impact.
Attachment(s):
1. Ordinance No. 469
Approved by: ---43(.0 s,
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 harmful 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.
CC
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 loth day of November, 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