Item No. 6
AGENDA REPORT
DATE: November 10, 2025
TO: Honorable Mayor and City Council
FROM: Ana V. Sauseda, Director of General Services/City Clerk 4X5' Fermin Preciado, Director of Development Services/City Engineer' Benjamin J. Matlock, Deputy Director of Community Development/City Planner,, --- SUBJECT: Second Reading of Ordinance No. 471
RECOMMENDATION:
That the City Council approve the second 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.
FISCAL IMPACT:
The recommendation does not result in a fiscal impact.
Attachment(s):
1. Ordinance No. 471
Approved by:
ATTACHMENT 1
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 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.
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 83.030505 (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, PeFt
(b) Filing Criteria
2 The Planning Agency may require 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 Planning Agency shall cause the certificate to be filed for record with the County Recorder. (c) Application Content. The application shall include all information available on the scale and intensity of the proposed business to assist staff in its review of compliance. (1) The certificate shall identify the real property involved. (2) The certificate shall certify that a given use is legally authorized by the City and identify any land use application that was filed to authorize the development. (3) Thv erti fe to slia 1 list the , n.l;t;onG f r the Elevelopme„t and ratio., 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.
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 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 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
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