Item No. 15
AGENDA REPORT
DATE: December 8, 2025
TO: Honorable Mayor and City Council
FROM: Ana V. Sauseda, Director of General Services/City Clerk SUBJECT: June 2, 2026 Special Election
RECOMMENDATION:
That the City Council:
1. Adopt Resolution No. 2025-61, a Resolution of the City Council of the City of Yucaipa, California, calling for the holding of a Special Municipal Referendum Election on June 2, 2026 for the submission to the qualified voters of the City of Yucaipa, a resolution approving and adopting the Freeway Corridor Specific Plan Update (CASE NO. 24-044/GPA/SPA) and requesting the County of San Bernardino to consolidate said election with the statewide primary election of even date; and setting rules and deadlines for arguments and rebuttals for and against the resolution; and
2. Adopt Resolution No. 2025-62, a Resolution of the City Council of the City of Yucaipa, California, calling for the holding of a Special Municipal Referendum Election on June 2, 2026 for the submission to the qualified voters of the City of Yucaipa, an Ordinance amending the Official Land Use Plan and Zoning Ordinance of the City of Yucaipa; requesting the County of San Bernardino to consolidate said election with the statewide primary election of even date; and setting rules and deadlines for arguments and rebuttals for and against the resolution; and
3. Authorize a budget adjustment in the amount of $200,000 for the cost of the election.
BACKGROUND/DISCUSSION:
On August 25, 2025, at a duly noticed public hearing, the City Council approved the Freeway Corridor Specific Plan Update by a vote of 4-1 (Mayor Pro Tem Venable voted no). Among staff's recommendations were the approval of Resolution No. 2025-54, approving and adopting the Freeway Corridor Specific Plan Update and the approval of the introduction and first reading of Ordinance No. 448, amending the official Land Use Plan and Zoning Ordinance of the City of Yucaipa. On September 8, 2025, the City Council adopted Ordinance No. 448 by a vote of 5-0. Mayor Pro Tem Venable later noted his opposition to the adoption of Ordinance No. 448.
Both the Resolution and Ordinance are deemed to be City "legislative acts" and are subject to challenge by the referendum process as outlined in the California Elections Code (Elections Code).
On September 30, 2025, Yucaipa residents timely filed a signed petition to referend (challenge through referendum) Resolution No. 2025-54 adopted by the City Council. The petition was referred to the San Bernardino County Registrar of Voters (ROV) for official signature verification against official County voter records. The verification of signatures was completed, and the petition was determined to have sufficient signatures to qualify for the ballot.
On October 20, 2025, Yucaipa residents timely filed a signed petition to referend (challenge through referendum) Ordinance No. 448 adopted by the City Council. The petition was also referred to the ROV for official signature verification against official County voter records. The verification of signatures was completed, and the petition was determined to have sufficient signatures to qualify for the ballot.
At the October 27, 2025 Regular City Council Meeting, the City Council adopted Resolution No. 2025- 57 accepting the Certificate of Sufficiency for the Referendum of Resolution No. 2025-54 and discussed their options as defined by Elections Code § 9241. By a vote of 3-1-1 (Mayor Pro Tem Venable voted no and Councilmember Beaver was absent), Council voted to call for a Special Election to be consolidated with the California Primary to be held on June 2, 2026, for the purpose of submitting to the voters the referendum of Resolution No. 2025-54 and Ordinance No. 448 (in anticipation of its qualification for the ballot).
At the November 10, 2025 Regular City Council Meeting, the City Council adopted Resolution No. 2025-58 accepting the Certificate of Sufficiency for the Referendum of Ordinance No. 448 by a vote of 3-1-0-1 (Mayor Pro Tem Venable voted no and Councilmember Beaver abstained).
The ROV estimated that a single election to be consolidated with the June 2, 2026 Primary Election would cost $124,000. The ROV additionally stated that adding a 2nd item to the ballot would not increase the original quote by a substantial amount. Historically, the cost estimates provided by the ROV have varied significantly from the final cost. Accordingly, staff is estimating a cost of $200,000 for the 2 items on the June ballot. The estimated cost is strictly for the holding of the election and not for additional election related expenses such as education and outreach materials, legal, etc.
Staff recommends that the City Council adopt the attached Resolutions calling for a Special Municipal Referendum Election to be consolidated with the June 2, 2026 State Primary as directed by the City Council and approve the budget adjustment.
FISCAL IMPACT:
The recommendations increase the FY26 Budget in the General Services Division of the General Fund by $200,000.
Attachment(s):
1. Resolution No. 2025-61
2. Resolution No. 2025-62
Approved byi _ix,,-.,;�� ..r d
ATTACHMENT 1
RESOLUTION NO. 2025-61
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUCAIPA,
CALIFORNIA, CALLING FOR THE HOLDING OF A SPECIAL
MUNICIPAL REFERENDUM ELECTION ON JUNE 2, 2026 FOR THE
SUBMISSION TO THE QUALIFIED VOTERS OF THE CITY OF
YUCAIPA, A RESOLUTION APPROVING AND ADOPTING THE
FREEWAY CORRIDOR SPECIFIC PLAN UPDATE (CASE NO. 24-
044/GPA/SPA); REQUESTING THE COUNTY OF SAN BERNARDINO TO
CONSOLIDATE SAID ELECTION WITH THE STATEWIDE PRIMARY
ELECTION OF EVEN DATE; AND SETTING RULES AND DEADLINES
FOR ARGUMENTS AND REBUTTALS FOR AND AGAINST THE
RESOLUTION
WHEREAS, pursuant to authority provided by the California Government Code, on August 25, 2025, at a duly noticed public hearing, the Yucaipa City Council adopted Resolution No. 2025-54, approving the Freeway Corridor Specific Plan Update; and WHEREAS, on August 28, 2025, proponents of an effort to challenge the Resolution by referendum timely filed a draft summary of the Resolution with the City Clerk's Office for the City Attorney's review and possible amendment; and
WHEREAS, on September 9, 2025, the City Attorney timely prepared an amended summary of the Resolution for the proponents to include in a referendum petition to be circulated among Yucaipa voters for signatures; and
WHEREAS, pursuant to California Elections Code sections 15 and 9238( b)( 2)( B)( vi), the Resolution was scheduled to become effective unless the proponents filed a signed referendum petition with the City Clerk' s office by October 9, 2025, to challenge the Resolution; and WHEREAS, pursuant to authority provided by California Elections Code sections 9235 et. seq., on September 30, 2025 the referendum proponents timely filed with the City Clerk's Office, a signed petition protesting the Resolution by referendum which, if the referendum qualifies, would suspend the effective date of the Resolution, require that the City Council reconsider the Resolution and either repeal it in its entirety or submit it to a vote of Yucaipa voters; and
WHEREAS, a referendum petition protesting the adoption of a resolution must be filed with the City Clerk within thirty (30) days following its adoption and must bear the signatures of not less than ten percent (10%) of the registered voters of the City; and WHEREAS, per the San Bernardino County Registrar of Voters' last report of registration to the Secretary of State pursuant to California Elections Code § 9237, the number of verified signatures required was 3,617; and
WHEREAS, the City Clerk, through the San Bernardino County Registrar of Voters, has certified that the form of the referendum petition complies with California law and, based upon an examination of voter registration records, has ascertained that the petition is signed by the requisite
number of voters to qualify the Resolution for the referendum ballot under the Elections Code, unless it is repealed by the City Council; and
WHEREAS, the City Council has not voted to repeal the Resolution; and WHEREAS, pursuant to California Elections Code section 9237, because the petition was signed by the requisite number of voters and the Resolution was not repealed by the City Council, the effective date of the Resolution is suspended and it may not go into effect unless and until approved by a majority of Yucaipa voters voting upon it at a municipal election; and WHEREAS, the City Council is therefore authorized and required by California Elections Code section 9241 to submit the proposed Resolution to the voters at either its next regular municipal election or at a special municipal election called for that purpose, occurring not less than 88 days after the date of the order of election; and
WHEREAS, the next regular municipal election that is not less than 88 days after the date of this Resolution would be Yucaipa's General Municipal Election to be held on Tuesday, November 3, 2026; and
WHEREAS, the City Council reviewed its options at their October 27, 2025 Regular City Council Meeting and directed the City Clerk to place the Resolution before Yucaipa voters at a Special Municipal Election to be held on June 2, 2026 concurrently with the Statewide Primary Election; and
WHEREAS, the specific terms of the Resolution are attached hereto as Exhibit "A" and by this reference made an operative part hereof, and in accordance with all applicable laws; and WHEREAS, it is desirable that the Special Municipal Election be consolidated with the Statewide Primary Election to be held on the same date and that within the City the precincts, polling places, voting centers and election officers of the two elections be the same, and that the San Bernardino County Registrar of Voters canvass the returns of the Special Municipal Election and that the election be held in all respects as if there were only one election; and WHEREAS, it is also desirable to establish deadlines and rules for the submission of written arguments and rebuttals for and against the Resolution in accordance with applicable California Elections Code procedures.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YUCAIPA HEREBY RESOLVES AS FOLLOWS:
Section 1.
Recitals. The City Council hereby finds and determines that the foregoing recitals are true and correct, and are incorporated herein and by this reference are made an operative part hereof.
Section 2. Submission of Resolution to the Voters. Pursuant to the requirements of the California Elections Code applicable to the City of Yucaipa, the City Council hereby calls and orders the Resolution to be submitted to the qualified voters of the City at a Special Municipal Election to be held in the City of Yucaipa, California, on Tuesday, June 2, 2026. The Resolution shall be in the form attached hereto as
Section 3.
Exhibit "A" to this Resolution and is incorporated by this reference as if fully set forth herein.
Ballot Question. The City Council, pursuant to its right and authority, does hereby order that the ballot question for the Resolution shall be presented and printed upon the ballot submitted to the qualified voters in the manner and form set forth in this Section 3. On the ballot to be submitted to the qualified voters at the Special Municipal Election to be held on Tuesday, June 2, 2026, in addition to any other matters required by law, there shall be printed substantially the following ballot question:
Shall Resolution No. 2025-54, approving the Freeway Corridor Specific Plan Update for 1,242 acres along Interstate 10, allowing up to 2,472 residential units and 5.1 million square feet of nonresidential space, including regional commercial and business park, refining design and buffering standards, protecting open space, reducing traffic impacts at buildout, and not approving or overturning any specific development project, be approved?
YES
NO
Section 4. Election Procedures.
A. The vote requirement for the Resolution to pass is a simple majority (50% + 1) of votes cast.
B. The ballots to be used at the election shall be in the form and content as required by law.
C. Pursuant to the requirements of Section 10403 of the Elections Code, the Board of Supervisors of the County of San Bernardino is hereby requested to consent and agree to the consolidation of a Special Municipal Election with the Statewide Primary Election on Tuesday, June 2, 2026, for the purpose of submitting to the voters the question relating to the City' s Measure.
D. The election services which the City of Yucaipa requests the Registrar of Voters, or such other official as may be appropriate, to perform and which such officer is hereby authorized and directed to perform, if said Board of Supervisors consents, include: the preparation, printing and mailing of sample ballots; the establishment or appointment of precincts, polling places, voting centers, and election officers, the preparation, printing, mailing and furnishing of vote -by -mail ballots, making such publications as are required by law in connection therewith; the furnishing of ballots, voting booths and other necessary supplies or materials for polling places and voting centers; the canvassing of the returns of the election and the furnishing of the results of such canvassing to the City Clerk of the City of Yucaipa; and the performance of such other election services as may be requested by the City Clerk.
E. The City Clerk is authorized, instructed and directed to procure and furnish, or cause to be procured and furnished through the County of San Bernardino, any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election.
F. The polls, voting centers and/or vote -by -mail drop-off boxes shall be open and the procedures for submitting votes -by -mail or votes at polls and vote centers shall be in accordance with those times and procedures established by the County of San Bernardino, except as otherwise provided in the Elections Code of the State of California.
G. In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections in the City.
H. Notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form, and manner as required by law.
I. All ballots shall be tallied at a central counting place and not at the precincts.
Said central counting place shall be at a County center as designated by the Registrar of Voters.
J. The San Bernardino County Registrar of Voters is hereby authorized to canvass the returns of said election.
K. The City Clerk of the City of Yucaipa shall receive the canvass from the County as it pertains to the election on the Measures, and shall certify the results to the City Council, as required by law.
Section 5. Arguments and Impartial Analysis.
A. The City Council authorizes (i) the City Council or any member(s) of the City Council, (ii) the proponents of the referendum protesting this Resolution, (iii) any individual voter eligible to vote on the above Resolution, (iv) a bona fide association of such citizens or (v) any combination of voters and associations, to file a written argument in favor of or against the Resolution, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California, which argument may be changed until and including the deadline set by the San Bernardino County Registrar of Voters, after which no arguments for or against the Resolution may be submitted to the City Clerk. Arguments in favor of or against the Resolution shall each not exceed 300 words in length.
Each argument shall be filed with the City Clerk, signed, and include the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument.
B. The City Clerk shall comply with all provisions of law establishing priority of arguments for printing and distribution to the voters and shall take all necessary actions to cause the selected arguments to be printed and distributed to the voters.
C. Pursuant to Section 9280 of the Elections Code, the City Council directs the City Clerk to transmit a copy of the Resolution to the City Attorney. The City Attorney shall prepare an impartial analysis of the Resolution, not to exceed 500 words in length, showing the effect of the Resolution on the existing law and the operation of the Resolution. The City Attorney shall transmit such impartial analysis to the City Clerk, who shall cause the analysis to be published in the voter information guide along with the Resolution as provided by law.
The Impartial Analysis shall be filed by the deadline set for filing of primary arguments as set forth in Subsection 5(A) above. The impartial analysis shall include a statement indicating whether the Resolution was placed on the ballot by a petition signed by the requisite number of voters or by the City Council.
In the event the entire text of the Resolution is not printed on the ballot, nor in the voter information portion of the sample ballot, there shall be printed immediately below the impartial analysis, in no less than 10- font bold type, the following: "The above statement is an impartial analysis of Resolution No. 2025-XX or Measure . If you desire a copy of the Resolution/Measure, please call the election official' s office at (909) 769-8649 and a copy will be mailed at no cost to you."
D. The provisions of this Section 5 shall apply only to the election to be held on June 2, 2026, and shall then be repealed.
Section 6. Rebuttals.
Section 7.
A. Pursuant to Section 9285 of the Elections Code of the State of California, when the Clerk has selected the arguments for and against the Resolution which will be printed and distributed to the voters, the Clerk shall send copies of the argument in favor of the Resolution to the authors of the argument against, and copies of the argument against to the authors of the argument in favor. The authors or persons designated by them may prepare and submit rebuttal arguments not exceeding 250 words. The rebuttal arguments shall be filed with the City Clerk not later than 10 days after the deadline for primary arguments set forth in Section 5 above. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut.
B. The provisions of this Section 6 shall apply only to the election to be held on June 2, 2026, and shall then be repealed.
Placement on the Ballot. The full text of the Resolution shall be printed in the voter information guide, and a statement shall be printed in the ballot pursuant to Section 9223 of the Elections Code advising voters that they may obtain a copy of the Resolution at no cost, upon request made to the City Clerk.
Section 8.
Section 9.
Delivery of Resolution to County. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions. The City Council directs the City Clerk to deliver copies of this Resolution, including the Resolution attached hereto as Exhibit "A", to the Clerk of the Board of Supervisors of San Bernardino County and to the Registrar of Voters of San Bernardino County.
Public Examination. Pursuant to California Elections Code section 9295, the Resolution will be available for public examination for no fewer than ten (10) calendar days prior to being submitted for printing in the voter information guide.
The City Clerk shall post notice in the Clerk' s office of the specific dates that the examination period will run.
Section 10. CEQA. The City Council hereby finds and determines that placement of the Resolution on the ballot is not a discretionary action of the City Council within the meaning of the California Environmental Quality Act (" CEQA") and the State CEQA Guidelines and is, therefore, not subject to CEQA review. See, Tuolumne Jobs and Small Business Alliance v. Superior Court, (2014) 59 Cal. 4th 1029.
Section 11.
Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Resolution which can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The City Council hereby declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion thereof.
Section 12. Effective Date of Resolution. This Resolution shall take effect immediately upon its adoption.
Section 13.
Suspension of Resolution and Effective Date of Resolution if Approved by Voters.
Pursuant to California Elections Code sections 9217, 9237 and 9243, the Resolution is suspended and shall not go into effect unless and until approved and adopted by a majority of the eligible voters of the City of Yucaipa voting at the Special Municipal Election of June 2, 2026. It shall be deemed adopted when the City Council has certified the results of that election by resolution and shall take effect ten (10) days thereafter.
PASSED, APPROVED, and ADOPTED this 8th day of December, 2025.
Jon Thorp, Mayor
ATTEST:
Ana V. Sauseda, MMC
Director of General Services/City Clerk
Exhibit A
Exhibit A
RESOLUTION NO. 2025-54
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUCAIPA
APPROVING AND ADOPTING THE FREEWAY CORRIDOR SPECIFIC
PLAN UPDATE (CASE NO. 24-044/GPA/SPA); CERTIFYING THE
REVISED FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT
(SCH NO. 2006041096); ADOPTING CALIFORNIA ENVIRONMENTAL
QUALITY ACT FINDINGS OF FACT, A STATEMENT OF OVERRIDING
CONSIDERATIONS, AND A MITIGATION MONITORING AND
REPORTING PROGRAM; MAKING THE FINDINGS REQUIRED BY
YUCAIPA DEVELOPMENT CODE § 83.020310; AND DIRECTING THE
FILING OF A NOTICE OF DETERMINATION
WHEREAS, the City Council of the City of Yucaipa ("City Council") has long considered the Freeway Corridor area as an opportunity for commercial, residential, and industrial development due to its proximity to Interstate 10, freeway interchanges, and its higher level of regional visibility; and
WHEREAS, the City Council approved Resolution 2007-09 on November 24, 2008, formally adopting the Freeway Corridor Specific Plan, which set forth new land use districts and standards that would allow for substantial residential and nonresidential development; and WHEREAS, the Freeway Corridor Specific Plan is specifically highlighted within a variety of polices and goals of the General Plan, including the Community Design and Land Use Element, the Housing Element, and the Economic Development Element, to ensure that the area can be developed successfully for the future benefit of the community at large; and WHEREAS, due to changes in market conditions, consumer preferences, and the overall cost of development, found that updates were necessary to the adopted plan to best ensure that development can occur and meet the original expectations set forth by prior City Council's and community engagement efforts; and
WHEREAS, the City Council has before it a request for approval of the Freeway Corridor Specific Plan Update 24-044 (the "Project"); and
WHEREAS, the City has undertaken a comprehensive process for the development the Project to implement the long-range vision for the City; and WHEREAS, the City has encouraged public participation in the development of the Project, which included conducting Study Sessions, workshops, stakeholder meetings and hearings, while also leveraging core elements from the existing Freeway Corridor Specific Plan; and
WHEREAS, the proposed "Project" consists of a Specific Plan Update. The existing Freeway Corridor Specific Plan (FCSP), adopted in November 2008, allows for development of up to 2,447 residential units on 424.7 acres and up to 4,585,779 square feet of nonresidential uses on 242.7 acres within the 1,242-acre plan area. The proposed update to the FCSP (Case No. 24-
044/GPA/SPA) would result in a total of 2,472 residential units and 5,093,265 square feet of nonresidential uses. As a result, the Proposed Project would result in an increase of 25 residential units, 2,786,461 square feet of Business Park (BP), and a reduction of 2,278,976 square feet of Regional Commercial (RC) compared to the existing FCSP. The Proposed Project also includes development of the Pacific Oaks Commerce Center (21-196/CUP/ARC/TPM), which consists of the development of two buildings with warehouse and office spaces, totaling 2,054,000 square feet of building space, as well as truck parking and docking bays, consistent with the provisions included in the FCSP Update; and
WHEREAS, the Project has been environmentally reviewed pursuant to the provisions 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
WHEREAS, on November 11, 2022, a Notice of Preparation ("NOP") was distributed to the State Office of Planning and Research, responsible agencies, and published in the Yucaipa News Mirror. The NOP was circulated from November 15, 2022, to December 15, 2022, to receive input from interested public agencies and private parties on issues to be addressed in the Supplemental Environmental Impact Report ("SEIR"); and
WHEREAS, a scoping meeting was held on November 30, 2022, to present the Project and the SEIR process and to provide an opportunity for agency representatives and the public to assist the lead agency in determining the scope and content of the environmental analysis for the SEIR; and
WHEREAS, on February 7, 2024, a Draft Subsequent Environmental Impact Report (the "DSEIR") was completed for the Project and a Notice of Availability ("NOA") was issued. In accordance with the California Environmental Quality Act ("CEQA") (Cal. Pub. Res. Code §21000 et seq.) and the State Guidelines (the "Guidelines") (14 Cal. Code Regs. §15000 et seq.) promulgated with respect thereto, the City analyzed the Project's potential impacts on the environment; and
WHEREAS, the City circulated the DSEIR and the Appendices for the Project to the public and other interested parties for a 45-day comment period, in accordance with Guidelines Section 15105, from February 8, 2024, through March 25, 2024; and WHEREAS, the City prepared written responses to all comments received on the DSEIR and those responses to comments are incorporated into the Final Subsequent Environmental Impact Report (the "Final SEIR"). The Responses to Comments were distributed to all public agencies that submitted comments on the DSEIR at least 10 days prior to certification of the Final SEIR by the City Council; and
WHEREAS, the Final SEIR is comprised of the DSEIR dated February 2024 and all appendices thereto; the Comments and Response to Comments on the DSEIR; the clarifications, revisions, and corrections to the DSEIR; and the Mitigation Monitoring and Reporting Program; and
WHEREAS, on May 24, 2024, a notice of a Planning Commission public hearing on the Specific Plan and its environmental review was published in the Yucaipa News Mirror and mailed to all property owners within and 300 feet around the plan area; and WHEREAS, after notice issued pursuant to the requirements of the Yucaipa Municipal Code, the Planning Commission conducted a public hearing on June 5, 2024, at which time all interested parties were given an opportunity to be heard and present evidence regarding the Specific Plan Update, as set forth in the Planning Commission Agenda Report of that date; and WHEREAS, the Planning Commission continued the item to their July 17, 2024 meeting to allow for additional discussion between the City and the Pumpkin Factory, and then the Planning Commission conducted a public hearing on July 17, 2024, at which time all interested parties were given an opportunity to be heard and present evidence regarding the Specific Plan Update, as set forth in the Planning Commission Agenda Report of that date; and WHEREAS, following consideration of the entire record before it at the public hearing and upon due consideration of the proposed Specific Plan Update, the Planning Commission did not provide a recommendation for the City Council regarding the adoption of environmental findings pursuant to the California Environmental Quality Act ("CEQA") (Public Resources Code § 21000 et seq.), certifying the Final Environmental Impact Report, nor adopting a Statement of Overriding Considerations, and adopt a Mitigation Monitoring and Reporting Program; and WHEREAS, at the conclusion of the Planning Commission hearing and after due consideration of the entire record before the Planning Commission and the testimony provided during the hearing, the Planning Commission did not provide a recommendation to the City Council to approve the Specific Plan according to the Findings required pursuant to Section
83.020310 of the Yucaipa Development Code; and
WHEREAS, on August 15, 2024, a notice of a City Council public hearing on the Specific Plan and its environmental review was published in the Yucaipa News Mirror and mailed to all property owners within and 1,300 feet around the plan area; and WHEREAS, after notice issued pursuant to the requirements of the Yucaipa Municipal Code, the City Council continued the item from their August 26, 2024 meeting, and then held a duly noticed public hearing on September 23, 2024, at which time all interested parties were given an opportunity to be heard and present evidence; and
WHEREAS, the City Council tabled the item from September 23, 2024, to allow for additional refinements to the Specific Plan, where additional community outreach efforts, Council study sessions, and other related efforts were completed to make the necessary refinements to the Specific Plan; and
WHEREAS, the final revisions to the Plan were incorporated into the Revised Final Subsequent Environmental Impact Report (the "Revised Final SEIR"). The Revised Final SEIR were distributed to all public agencies that submitted comments on the DSEIR at least 20 days prior to certification of the Revised Final SEIR by the City Council; and
WHEREAS, on July 31, 2025, a notice of a City Council public hearing on the Specific Plan and its environmental review was published in the Yucaipa News Mirror and mailed to all property owners around the plan area; and
WHEREAS, the update is included as part of the City's General Plan Amendment for the second quarter of 2025; and
WHEREAS, the findings made in this Resolution are based upon the information and evidence set forth in the Final SEIR and upon other substantial evidence that has been presented at the hearings and in the record of the proceedings. The documents, staff reports, technical studies, appendices, plans, specifications, and other materials that constitute the record of proceedings on which this Resolution is based are on file for public examination during normal business hours at the Development Services Department, City of Yucaipa, 34272 Yucaipa Boulevard, Yucaipa, CA 92399. The custodian of records is Benjamin Matlock with the City of Yucaipa Community Development Department. Each of those documents is incorporated herein by reference; and WHEREAS, Section 15091 of the State CEQA Guidelines requires that the City, before approving the Project, make one or more of the following written finding(s) for each significant effect identified in the Final EIR accompanied by a brief explanation of the rationale for each finding:
(a) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the Final EIR; or,
(b) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency; or, (c) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR.
These required findings are set forth in the attached Exhibit A; and WHEREAS, environmental impacts found to be less than significant and not requiring mitigation are discussed in Exhibit A, Chapter III, Section B & C. Environmental impacts, or specific aspects of those impacts, found to potentially significant, but less than significant after mitigation, are discussed in Exhibit A, Chapter III, Section C. Environmental impacts found be potentially significant and unavoidable are discussed in Exhibit A, Chapter III, Section D.
Alternatives to the General Plan Update that might reduce significant environmental impacts are discussed in Exhibit A, Section V; and
WHEREAS, CEQA Section 21081.6 requires adoption of a mitigation monitoring and reporting program for any project with environmental impacts made less than significant or reduced in significance through mitigation. The Mitigation Monitoring and Reporting Program is attached as Exhibit B and incorporated into this Resolution by reference; and
WHEREAS, the City Council has reviewed and considered the FSEIR, all of the information and evidence in the administrative record, and all oral and written testimony presented during public meetings and hearings. In exercise of its independent judgment, the City Council finds that the FSEIR is adequate and was prepared in full compliance with CEQA. No comments or any additional information submitted to the City produced any substantial new information that would require additional recirculation or additional environmental review of the Project under CEQA.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YUCAIPA HEREBY RESOLVES AS FOLLOWS:
Section 1. CEQA Compliance; Independent Judgment; Incorporation by Reference.
The City Council has reviewed and considered the Revised Final Subsequent Environmental Impact Report for the Freeway Corridor Specific Plan Project (the "Revised Final SEIR"), consisting of the Draft Subsequent Environmental Impact Report dated February 2024, all appendices thereto, written comments received during the public review period, Responses to Comments, clarifications, corrections, errata, and text revisions, together with the Mitigation Monitoring and Reporting Program ("MMRP"), and finds that the Revised Final SEIR has been completed in full compliance with the California Environmental Quality Act ("CEQA"), the State CEQA Guidelines, and the City's Local CEQA Guidelines. Acting in its independent judgment and analysis, the City Council further finds that it has reviewed and considered the entire administrative record for the Project prior to taking action and that said record is incorporated herein by reference in its entirety.
Section 2. Certification of Revised Final SEIR.
The City Council hereby certifies the Revised Final SEIR for the Freeway Corridor Specific Plan Project as adequate, complete, and in compliance with CEQA, and finds that the document reflects the City Council's independent judgment and analysis.
Section 3. Adoption of CEQA Findings of Fact; Statement of Overriding Considerations; Mitigation Monitoring and Reporting Program.
(a) The City Council hereby adopts the Findings of Fact, attached hereto and incorporated herein by this reference, including findings for each significant environmental impact identified in the Revised Final SEIR and the determination as to how such impacts are avoided, substantially lessened, or rendered infeasible to mitigate. (b) The City Council hereby adopts the Statement of Overriding Considerations, attached hereto and incorporated herein by this reference, finding that, for each significant and unavoidable environmental effect, specific economic, legal, social, technological, and other benefits of the Project outweigh the unavoidable adverse environmental effects. (c) The City Council hereby adopts the MMRP, attached hereto and incorporated herein by
this reference, and imposes all mitigation measures identified therein as conditions of approval of the Project. City staff are directed and authorized to implement the MMRP and to verify, monitor, and enforce compliance with the mitigation measures as provided therein.
Section 4. Project Approval — Freeway Corridor Specific Plan Update.
The City Council hereby approves and adopts the Freeway Corridor Specific Plan Update (Case No. 24-044/GPA/SPA) as presented at the public hearing, including the Specific Plan text, figures, land use plan, development standards, design guidelines, infrastructure provisions, and errata presented at the hearing (collectively, the "FCSP Update"). The FCSP Update establishes a plan -area capacity of up to 2,472 dwelling units and 5,093,265 square feet of non-residential uses within the approximately 1,242-acre plan area, and constitutes the City's approval of Option 3 (August 2025) as described in the agenda report.
The City Council further finds and determines that the FCSP Update is consistent with the General Plan and that the findings required by Yucaipa Development Code, attached hereto and incorporated herein, are hereby made, adopted, and incorporated by reference based on the evidence in the administrative record, including the staff/agenda report and attachments on file with the City Clerk.
Section 5. Conforming Legislative Actions.
The City Council finds that conforming amendments to the Official Land Use Plan and Zoning Ordinance are necessary to maintain consistency with the FCSP Update.
Concurrent with the adoption of this Resolution, the City Council has introduced for first reading Ordinance No. 448. Staff is directed to process and present for City Council consideration for second reading and adoption at the next regular meeting Ordinance No. 448 to effectuate those conforming amendments.
Section 6. Implementation; Minor Clarifications.
The Interim City Manager, or designee, is authorized to take all actions necessary or desirable to implement this Resolution and the FCSP Update, including making non - substantive, ministerial corrections or clarifications to the text, tables, figures, and exhibits of the FCSP Update to conform to the City Council's action and to correct typographical or formatting errors, provided that no such correction shall materially change the substance of the City Council's approval.
Section 7. Custodian of Record.
The custodian of the documents and other materials that constitute the record of proceedings for this action is the City of Yucaipa Development Services Department, located at 34272 Yucaipa Boulevard, Yucaipa, California 92399, attention: Benjamin Matlock, Deputy Director/City Planner.
Section 8. Severability.
If any section, subsection, sentence, clause, or phrase of this Resolution is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions. The City Council hereby declares that it would have adopted this Resolution and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.
Section 9. Effective Date.
This Resolution shall take effect immediately upon its adoption.
Section 10. Certification.
The City Clerk shall certify to the passage and adoption of this Resolution and shall cause the same to be entered into the book of original resolutions of the City.
BE IT FURTHER RESOLVED that this Resolution be noted in the Minutes of this City Council meeting and a "Notice of Determination" be filed within five (5) days of this action by the City Clerk.
PASSED, APPROVED, and ADOPTED this 25th day of August, 2025.
Jon Thorp, Mayor
ATTEST:
Ana V. Sauseda, MMC
Director of General Services/City Clerk
ATTACHMENT 2
RESOLUTION NO. 2025-62
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUCAIPA,
CALIFORNIA, CALLING FOR THE HOLDING OF A SPECIAL
MUNICIPAL REFERENDUM ELECTION ON JUNE 2, 2026 FOR THE
SUBMISSION TO THE QUALIFIED VOTERS OF THE CITY OF
YUCAIPA, AN ORDINANCE AMENDING ORDINANCE NO. 343,
AMENDING THE OFFICIAL LAND USE PLAN AND ZONING
ORDINANCE OF THE CITY OF YUCAIPA
WHEREAS, pursuant to authority provided by the California Government Code, on August 25, 2025, at a duly noticed public hearing, the Yucaipa City Council approved the introduction and first reading of Ordinance No. 448, amending Ordinance No. 343, amending the Official Land use plan and zoning ordinance of the City of Yucaipa; and WHEREAS, on September 8, 2025, the City Council adopted Ordinance No. 448; and WHEREAS, on September 11, 2025, proponents of an effort to challenge the Ordinance by referendum timely filed a draft summary of the Ordinance with the City Clerk's Office for the City Attorney's review and possible amendment; and
WHEREAS, on September 23, 2025, the City Attorney timely prepared an amended summary of the Ordinance for the proponents to include in a referendum petition to be circulated among Yucaipa voters for signatures; and
WHEREAS, pursuant to California Elections Code sections 15 and 9238( b)( 2)( B)( vi), the Ordinance was scheduled to become effective unless the proponents filed a signed referendum petition with the City Clerk' s office by October 23, 2025, to challenge the Ordinance; and WHEREAS, pursuant to authority provided by California Elections Code sections 9235 et. seq., on October 20, 2025 the referendum proponents timely filed with the City Clerk's Office, a signed petition protesting the Ordinance by referendum which, if the referendum qualifies, would suspend the effective date of the Ordinance, require that the City Council reconsider the Ordinance and either repeal it in its entirety or submit it to a vote of Yucaipa voters; and WHEREAS, a referendum petition protesting the adoption of an Ordinance must be filed with the City Clerk within thirty (30) days following its adoption and must bear the signatures of not less than ten percent (10%) of the registered voters of the City; and WHEREAS, per the San Bernardino County Registrar of Voters' last report of registration to the Secretary of State pursuant to California Elections Code § 9237, the number of verified signatures required was 3,617; and
WHEREAS, the City Clerk, through the San Bernardino County Registrar of Voters, has certified that the form of the referendum petition complies with California law and, based upon an examination of voter registration records, has ascertained that the petition is signed by the requisite number of voters to qualify the Ordinance for the referendum ballot under the Elections Code, unless it is repealed by the City Council; and
WHEREAS, the City Council has not voted to repeal the Ordinance; and WHEREAS, pursuant to California Elections Code section 9237, because the petition was signed by the requisite number of voters and the Ordinance was not repealed by the City Council, the effective date of the Ordinance is suspended and it may not go into effect unless and until approved by a majority of Yucaipa voters voting upon it at a municipal election; and WHEREAS, the City Council is therefore authorized and required by California Elections Code section 9241 to submit the proposed Ordinance to the voters at either its next regular municipal election or at a special municipal election called for that purpose, occurring not less than 88 days after the date of the order of election; and
WHEREAS, the next regular municipal election that is not less than 88 days after the date of this Resolution would be Yucaipa's General Municipal Election to be held on Tuesday, November 3, 2026; and
WHEREAS, the City Council reviewed its options at their October 27, 2025 Regular City Council Meeting and directed the City Clerk to place the Ordinance before Yucaipa voters at a Special Municipal Election to be held on June 2, 2026, concurrent with the Statewide Primary Election; and
WHEREAS, the specific terms of the Ordinance are attached hereto as Exhibit "A" and by this reference made an operative part hereof, and in accordance with all applicable laws; and WHEREAS, it is desirable that the Special Municipal Election be consolidated with the Statewide Primary Election to be held on the same date and that within the City the precincts, polling places, voting centers and election officers of the two elections be the same, and that the San Bernardino County Registrar of Voters canvass the returns of the Special Municipal Election and that the election be held in all respects as if there were only one election; and WHEREAS, it is also desirable to establish deadlines and rules for the submission of written arguments and rebuttals for and against the Ordinance in accordance with applicable California Elections Code procedures.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YUCAIPA HEREBY RESOLVES AS FOLLOWS:
Section 1.
Recitals. The City Council hereby finds and determines that the foregoing recitals are true and correct and are incorporated herein and by this reference are made an operative part hereof.
Section 2. Submission of Ordinance to the Voters. Pursuant to the requirements of the California Elections Code applicable to the City of Yucaipa, the City Council hereby calls and orders the Ordinance to be submitted to the qualified voters of the City at a Special Municipal Election to be held in the City of Yucaipa, California, on Tuesday, June 2, 2026. The Ordinance shall be in the form attached hereto as Exhibit "A" to this Resolution and is incorporated by this reference as if fully set forth herein.
Section 3. Ballot Question. The City Council, pursuant to its right and authority, does hereby order that the ballot question for the Ordinance shall be presented and printed upon the ballot submitted to the qualified voters in the manner and form set forth in this Section 3. On the ballot to be submitted to the qualified voters at the Special Municipal Election to be held on Tuesday, June 2, 2026, in addition to any other matters required by law, there shall be printed substantially the following ballot question:
Shall Ordinance No. 448, which updates the City's Land Use Map to identify the approximately 1,242 acres of the City in the Freeway Corridor Specific Plan area, generally located along Interstate 10 from Live Oak Canyon Road (Oak Glen Road), to County Line Road as "Planned Development" and "Institutional" and not approving or overturning any specific development project, be approved?
YES
NO
Section 4. Election Procedures.
A. The vote requirement for the Ordinance to pass is a simple majority (50% + 1) of votes cast.
B. The ballots to be used at the election shall be in the form and content as required by law.
C. Pursuant to the requirements of Section 10403 of the Elections Code, the Board of Supervisors of the County of San Bernardino is hereby requested to consent and agree to the consolidation of a Special Municipal Election with the Statewide Primary Election on Tuesday, June 2, 2026, for the purpose of submitting to the voters the question relating to the City' s Measure.
D. The election services which the City of Yucaipa requests the Registrar of Voters, or such other official as may be appropriate, to perform and which such officer is hereby authorized and directed to perform, if said Board of Supervisors consents, include: the preparation, printing and mailing of sample ballots; the establishment or appointment of precincts, polling places, voting centers, and election officers, the preparation, printing, mailing and furnishing of vote -by -mail ballots, making such publications as are required by law in connection therewith; the furnishing of ballots, voting booths and other necessary supplies or materials for polling places and voting centers; the canvassing of the returns of the election and the furnishing of the results of such canvassing to the City Clerk of the City of Yucaipa; and the performance of such other election services as may be requested by the City Clerk.
E. The City Clerk is authorized, instructed and directed to procure and furnish, or cause to be procured and furnished through the County of San Bernardino, any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election.
F. The polls, voting centers and/or vote -by -mail drop-off boxes shall be open and the procedures for submitting votes -by -mail or votes at polls and vote centers shall be in accordance with those times and procedures established by the County of San Bernardino, except as otherwise provided in the Elections Code of the State of California.
G. In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections in the City.
H. Notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form, and manner as required by law.
I. All ballots shall be tallied at a central counting place and not at the precincts.
Said central counting place shall be at a County center as designated by the Registrar of Voters.
J. The San Bernardino County Registrar of Voters is hereby authorized to canvass the returns of said election.
K. The City Clerk of the City of Yucaipa shall receive the canvass from the County as it pertains to the election on the Measures, and shall certify the results to the City Council, as required by law.
Section 5. Arguments and Impartial Analysis.
A. The City Council authorizes (i) the City Council or any member(s) of the City Council, (ii) the proponents of the referendum protesting the Ordinance, (iii) any individual voter eligible to vote on the above Ordinance, (iv) a bona fide association of such citizens or (v) any combination of voters and associations, to file a written argument in favor of or against the Ordinance, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California, which argument may be changed until and including the deadline set by the San Bernardino County Registrar of Voters, after which no arguments for or against the Ordinance may be submitted to the City Clerk. Arguments in favor of or against the Ordinance shall each not exceed 300 words in length.
Each argument shall be filed with the City Clerk, signed, and include the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument.
B. The City Clerk shall comply with all provisions of law establishing priority of arguments for printing and distribution to the voters and shall take all necessary actions to cause the selected arguments to be printed and distributed to the voters.
C. Pursuant to Section 9280 of the Elections Code, the City Council directs the City Clerk to transmit a copy of the Ordinance to the City Attorney. The City Attorney shall prepare an impartial analysis of the Ordinance, not to exceed 500 words in length, showing the effect of the Ordinance on the existing law and the operation of the Ordinance. The City Attorney shall transmit such impartial analysis to the City Clerk, who shall cause the analysis to be published in the voter information guide along with the Ordinance as provided by law. The Impartial Analysis shall be filed by the deadline set for filing of primary arguments as set forth in Subsection 5(A) above. The impartial analysis shall include a statement indicating whether the Ordinance was placed on the ballot by a petition signed by the requisite number of voters or by the City Council.
In the event the entire text of the Ordinance is not printed on the ballot, nor in the voter information portion of the sample ballot, there shall be printed immediately below the impartial analysis, in no less than 10- font bold type, the following: "The above statement is an impartial analysis of Ordinance No. or Measure . If you desire a copy of the Ordinance/Measure, please call the election official' s office at (909) 769-8649 and a copy will be mailed at no cost to you."
D. The provisions of this Section 5 shall apply only to the election to be held on June 2, 2026, and shall then be repealed.
Section 6. Rebuttals.
Section 7.
Section 8.
A. Pursuant to Section 9285 of the Elections Code of the State of California, when the Clerk has selected the arguments for and against the Ordinance which will be printed and distributed to the voters, the Clerk shall send copies of the argument in favor of the Ordinance to the authors of the argument against, and copies of the argument against to the authors of the argument in favor. The authors or persons designated by them may prepare and submit rebuttal arguments not exceeding 250 words. The rebuttal arguments shall be filed with the City Clerk not later than 10 days after the deadline for primary arguments set forth in Section 5 above. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut.
B. The provisions of this Section 6 shall apply only to the election to be held on June 2, 2026, and shall then be repealed.
Placement on the Ballot. The full text of the Ordinance shall be printed in the voter information guide, and a statement shall be printed in the ballot pursuant to Section 9223 of the Elections Code advising voters that they may obtain a copy of the Ordinance at no cost, upon request made to the City Clerk.
Delivery of Resolution to County. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions. The City Council directs the City Clerk to deliver copies of this Resolution, including the Ordinance attached hereto as Exhibit "A", to the Clerk of the Board of
Section 9.
Supervisors of San Bernardino County and to the Registrar of Voters of San Bernardino County.
Public Examination. Pursuant to California Elections Code section 9295, the Ordinance will be available for public examination for no fewer than ten (10) calendar days prior to being submitted for printing in the voter information guide.
The City Clerk shall post notice in the Clerk' s office of the specific dates that the examination period will run.
Section 10. CEQA. The City Council hereby finds and determines that placement of the Ordinance on the ballot is not a discretionary action of the City Council within the meaning of the California Environmental Quality Act (" CEQA") and the State CEQA Guidelines and is, therefore, not subject to CEQA review. See, Tuolumne Jobs and Small Business Alliance v. Superior Court, (2014) 59 Cal. 4th 1029.
Section 11. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Resolution which can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The City Council hereby declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion thereof.
Section 12. Effective Date of Resolution. This Resolution shall take effect immediately upon its adoption.
Section 13.
Suspension of Ordinance and Effective Date of Ordinance if Approved by Voters.
Pursuant to California Elections Code sections 9217, 9237 and 9243, the Ordinance is suspended and shall not go into effect unless and until approved and adopted by a majority of the eligible voters of the City of Yucaipa voting at the Special Municipal Election of June 2, 2026. It shall be deemed adopted when the City Council has certified the results of that election by resolution and shall take effect ten (10) days thereafter.
PASSED, APPROVED, and ADOPTED this 8th day of December, 2025.
Jon Thorp, Mayor
ATTEST:
Ana V. Sauseda, MMC
Director of General Services/City Clerk
Exhibit A
ORDINANCE NO. 448
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YUCAIPA, CALIFORNIA, AMENDING ORDINANCE NO. 343, AMENDING THE OFFICIAL LAND USE PLAN AND
ZONING ORDINANCE OF THE CITY OF YUCAIPA
THE CITY COUNCIL OF THE CITY OF YUCAIPA DOES ORDAIN AS FOLLOWS:
Section 1. A public hearing has been held before the City Council of the City of Yucaipa (the "City"), duly noticed and conducted pursuant to the Planning and Zoning Laws of the State of California and applicable provisions of Division 3 of the Development Code as adopted by Ordinance No. 124; and the Official Land Use Plan of the City, as adopted by Ordinance No. 343, is hereby amended as provided in Section 2 herein below.
Section 2. The proposed land use designation contained on the "Official Land Use Districts Map" on file with the City, and bearing the file number Case No. 24-044/GPA/SPA, changes the Land Use District designation of the area encompassed by the boundaries of the Freeway Corridor Specific Plan, as reflected in Figure CDL-3, Land Use Modifications to the City's Planned Development (PD) district, omitting the Freeway Corridor Specific Plan unique districts from the map, and also changing the not -a -part, Yucaipa Valley Water District parcel to Institutional (In). The Not -A -Part areas from the Freeway Corridor Specific Plan update shall also be omitted from Figure CDL-3.
Section 3. The City Clerk is hereby directed to cause the following summary of this ordinance to be published by two (2) insertions in the Yucaipa News Mirror, a newspaper of general circulation that is printed, published, and circulated in the City of Yucaipa, and hereby designated for that purpose by said Council of the City of Yucaipa: "Ordinance No. 448 changes the Land Use Designation reflected for the Freeway Corridor Specific Plan within the City's General Plan Figure CDL-2 to Planned Development (PD) and Institutional (IN) as part of Case No 24-044/GPA/SPA, and omits the not -a -part elements from Figure CDL-3."
PASSED, APPROVED and ADOPTED on this 8th day of September, 2025.
Jon Thorp, Mayor
ATTEST: APPROVED AS TO FORM
Ana V. Sauseda, MMC Steven Graham Pacifico
Director of General Services/City Clerk City Attorney