Item No. 5
AGENDA REPORT
DATE: November 10, 2025
TO: Honorable Mayor and City Council
FROM: Ana V. Sauseda, Director of General Services/City Clerk 4l,5"' Fermin Preciado, Director of Development Services/City Engineer Benjamin J. Matlock, Deputy Director of Community Development/City Planner? SUBJECT:
Second Reading of Ordinance No. 470
RECOMMENDATION:
That the City Council approve the second reading of Ordinance No. 470, Council of the City of Yucaipa, California, amending Development Code of a periodic code requirement cleanup and enhancement that includes recently expired projects and the permitting process for Congregate Living FISCAL IMPACT:
The recommendation does not result in a fiscal impact.
Attachment(s):
1. Ordinance No. 470
Approved by: Hy d
An Ordinance of the City
Section 83.030305 as part
a streamlined review for
Health Facilities.
ATTACHMENT 1
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.
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 83.030305 (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) er-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.
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 4. 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 5. Effective Date.
This Ordinance shall be effective the 31st 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 10th 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
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