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2026-01-12 Web

Yucaipa City Council
January 12, 2026

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2026-01-12 Web
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January 12, 2026
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Yucaipa City Council
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01/12/2026 City Council Agenda
I'IaceWorks
346

FREEWAY CORRIDOR SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM

CITY OF YUCAIPA

2. Mitigation Monitoring Requirements
Table 5 Mitigation Monitorinq Requirements — Specific Plan Mitigation Measure
Responsibility for
Implementation
Timing
Responsibility for
Monitoring
Monitor
(Signature Required)
Date of Compliance)
boxes will be suitable to house crevice -roosting bat species, including Mexican free -tailed bat, and large enough to contain a minimum of 50 bats (e.g., Four Chamber Premium Bat House). The bat boxes shall be installed on a 20-foot pole in an area that will be preserved by the Project.
— Roost Exclusion. Approximately one month after bat boxes have been installed, exclusion of the existing roost within the buildings will occur. The primary exit points for roosting bats will be identified, and all secondary ingress/egress locations on the buildings will be covered with a suitable material (e.g., tarp or wood planks) to prevent bats from leaving from other locations. The primary exit point will remain uncovered to allow exclusion devices to be installed. Exclusion devices will consist of plastic sheeting or a screen (with mesh one -sixth of an inch or smaller) installed at the top and allowing bats to leave but not return. The exclusion devices will be installed at night to increase the potential that bats have already left the roost and are less likely to return. Exclusion devices will be left in place for one week to ensure any remaining bats in the buildings are excluded. A passive acoustic monitoring
detector will also be deployed during the exclusion period to verify excluded species and monitor if bat activity has decreased during the exclusion period. Periodic monitoring during the exclusion period shall also be conducted to
observe if any bats are still emerging from the buildings, and an active monitoring survey shall be conducted on the final night of exclusion to ensure no bats are emerging from the buildings and determine exclusion has been successful. Any continued presence of roosting bats will require an
adjustment to the exclusion devices and schedule.

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347

FREEWAY CORRIDOR SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM

CITY OF YUCAIPA

2. Mitigation Monitoring Requirements
Table 5 Mitigation Monitoring Requirements — Specific Plan Mitigation Measure
Responsibility for
Implementation
Timing
Responsibility for
Monitoring
Monitor
(Signature Required)
Date of Compliance)
B-15
Pre -construction American Badger Survey and Avoidance.

Future Project Applicant's
During the Colder Months,
City of Yucaipa Planning
Impacts to American badger individuals and wintering and natal Qualified Biologist
No Earlier Than 14 Days
Division
dens shall be avoided and minimized during construction activities Prior to Construction
through the following measures.

Activities
• Pre -construction Surveys (Wintering). During the colder months (generally between November 1 and February 15, when daily temperatures do not exceed 457), pre -construction surveys shall be conducted by the Project biologist in suitable habitat no earlier than 14 days prior to construction activities to determine whether American badger winter dens are present within the construction zone or within 100 feet of the construction zone boundary.
• Avoidance Measures (Wintering). If an American badger winter den is occupied within the construction zone or within 100 feet of the construction zone, the den location shall be clearly marked with fencing or flagging in a manner that does not isolate the badger from intact adjacent habitat or prevent the badger from accessing the den, to avoid inadvertent impacts on the den.

If it is not practicable to avoid the wintering den during construction activities, an attempt will be made to trap or flush the individual and relocate it to suitable open space habitat.

Additionally, badgers can be relocated by slowly excavating the burrow, either by hand or mechanized equipment under the direct supervision of the Project biologist, removing no more than four inches at a time. After necessary trapping, flushing, or burrow excavation is completed, construction may proceed and the vacated winter den may be collapsed. If trapping is required, trapping will be limited to November 16 through the last day of February in accordance with Section 461, Title 14 of the California Code of Regulations (14 CCR 461). A written report documenting the badger removal shall be provided to the California Department of Fish and Wildlife within 30 days of relocation.

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PlaceWorks
348

FREEWAY CORRIDOR SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM

CITY OF YUCAIPA

2. Mitigation Monitoring Requirements
Table 5 Mitigation Monitoring Requirements — Specific Plan Mitigation Measure
Responsibility for
Implementation
Timing
Responsibility for
Monitoring
Monitor
(Signature Required)
Date of Compliance)
• Pre -construction Surveys (Natal Dens). During the late winter and summer (generally from March 15 through July 31), when American badgers may use natal dens for birthing and pup rearing, pre -construction surveys shall be conducted by the Project biologist no earlier than 14 days prior to ground - disturbing construction activities to determine whether American badger natal dens are present within the Project construction zone or within 200 feet of the construction zone.
• Avoidance Measures (Natal Dens). If natal dens are detected during construction, construction activities shall be halted within 200 feet of the natal den. This buffer may be reduced based on the location of the den or type of construction activity, and at the direction of the project biologist. Construction activities shall not preclude the ability of the documented badgers to disperse to on -site open space or off -site habitat when the natal den is vacated (i.e., habitat suitable for dispersal must be maintained until dispersal occurs). Construction will be postponed or halted in these areas until it is determined by the Project biologist that the young are no longer dependent on the natal den. To avoid inadvertent impacts during construction and to ensure that construction activities are at least 200 feet from active natal dens, any active natal dens within the survey area shall be clearly marked with fencing or flagging in a manner that will not inhibit normal behavioral activities (e.g., foraging and dispersing from the site) by the mother and pups.

B-16
Pre -construction Survey for Crotch Bumble Bee. A pre-
Future Project Applicant's
During Primary Flight
City of Yucaipa Planning
construction survey for Crotch bumble bee (Bombus crotchit) shall Qualified Biologist
Period for Workers and
Division
occur within the construction area during the primary flight period for Males (April 1 through
workers and males (April 1 through August 31) and prior to the start August 31) and Prior to
of construction activities. The survey shall ensure that no nests for Construction
Crotch bumble bee are within the construction area. Crotch bumble bee is a habitat generalist, ground -nesting bee. Surveys and other relevant recommendations will be in accordance with the most recent protocol available at the time of the surveys.

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FREEWAY CORRIDOR SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM

CITY OF YUCAIPA

2. Mitigation Monitoring Requirements
Table 5 Mitigation Monitoring Requirements — Specific Plan Mitigation Measure
Responsibility for
Implementation
Timing
Responsibility for
Monitoring
Monitor
(Signature Required)
Date of Compliance)
In the event an Incidental Take Permit is needed, mitigation for direct impacts to Crotch bumble bee will be fulfilled through compensatory mitigation at a minimum 1:1 nesting habitat replacement of equal or better functions and values to those impacted by the Project, or as otherwise determined through the Incidental Take Permit process. Mitigation will be accomplished either through off -site conservation or through a mitigation bank approved by the California Department of Fish and Wildlife. If mitigation is not purchased through a mitigation bank, and lands are conserved separately, a cost estimate will be prepared to estimate the initial start-up costs and ongoing annual costs of management activities for the management of the conservation easement area(s) in perpetuity. The funding source will be in the form of an endowment to help the qualified natural lands management entity that is ultimately selected to hold the conservation easement(s). The endowment amount will be established following the completion of a Project -specific Property Analysis Record to calculate the costs of in -perpetuity land management. The Property Analysis Record will take into account all management activities required in the Incidental Take Permit to fulfill the requirements of the conservation easement(s), which are currently in review and development.

B-17
Burrowing Owl Protocol Survey. A protocol burrowing owl survey Future Project Applicant's
Prior to Ground -Disturbing
City of Yucaipa Planning
shall be conducted by a qualified biologist outside the focused Qualified Biologist
Activities
Division
survey area (see Figure 5.4-1, Biological Resources Study Area) prior to ground -disturbing activities. Surveys shall be conducted in accordance with the California Department of Fish and Game, (now California Department of Fish and Wildlife), 2012 Staff Report on Burrowing Owl Mitigation or current version. The results of the survey shall be summarized in a report and will be valid for a maximum of two years. If no burrowing owl are found during the survey, no further mitigation would be required; however, the Project must comply with Mitigation Measure B-12, Pre -construction Burrowing Owl Surveys and Avoidance.

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FREEWAY CORRIDOR SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM

CITY OF YUCAIPA

2. Mitigation Monitoring Requirements
Table 5 Mitiaation Monitorina Reauirements — Specific Plan Mitigation Measure
Responsibility for
Implementation
Timing
Responsibility for
Monitoring
Monitor
(Signature Required)
Date of Compliance)
If burrowing owl are detected, the full extent of the occurrence of occupied burrowing owl habitat in the survey area shall be recorded using GPS. The outer extent of each occurrence shall be flagged for avoidance (to the extent feasible).

Direct impacts to burrowing owl shall be avoided to the greatest extent possible and minimized where avoidance is not feasible.

Where Project impacts to burrowing owl cannot be avoided, a burrowing owl protection plan will be prepared and implemented, as summarized in Mitigation Measure B-12.

B-18
Least Bell's Vireo Protocol Survey. A focused habitat assessment Future Project Applicant's
Prior to Ground -Disturbing
City of Yucaipa Planning
shall be conducted for future development outside of the focused Qualified Biologist
Activities
Division
survey area (see Figure 5.4-1, Biological Resources Study Area). If suitable habitat is present, a protocol least Bell's vireo survey shall be conducted by a qualified biologist within suitable riparian habitat prior to ground -disturbing activities. Surveys shall be conducted in accordance with the U.S. Fish and Wildlife Service (USFWS) 2001 Least Bell's Vireo Survey Guidelines, or current version. The results of the survey shall be summarized in a report and valid for a maximum of two years. If no least Bell's vireo are found during the survey, no further mitigation would be required.

If least Bell's vireo are detected, the Project shall receive authorization for take of least Bell's vireo from USFWS through the federal Endangered Species Act Incidental Take Permit process, including the preparation of a Biological Assessment. Any measures determined to be necessary through the Incidental Take Permit process to offset impacts to least Bell's vireo may supersede measures provided in this California Environmental Quality Act document and shall be incorporated into the habitat mitigation and monitoring plan.

Mitigation for direct impacts to least Bell's vireo will be fulfilled through compensatory mitigation at a 2:1 habitat replacement of Auger fAY026 City Council Agenda 351 Page 37

FREEWAY CORRIDOR SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM

CITY OF YUCAIPA

2. Mitigation Monitoring Requirements
Table 5 Mitigation Monitoring Requirements — Specific Plan Mitigation Measure
Responsibility for
Implementation
Timing
Responsibility for
Monitoring
Monitor
(Signature Required)
Date of Compliance)
equal or better function and value as the habitat impacted by the project, or as otherwise determined through the Incidental Take Permit process. Mitigation will be accomplished either through off - site conservation or through a mitigation bank approved by USFWS.

If mitigation is not purchased through a mitigation bank and lands are conserved separately, a cost estimate will be prepared to estimate the initial start-up costs and ongoing annual costs of management activities for the management of the conservation easement area(s) in perpetuity. The funding source will be in the form of an endowment to help the qualified natural lands management entity that is ultimately selected to hold the conservation easement(s). The endowment amount will be
established following the completion of a Project -specific Property Analysis Record to calculate the costs of in -perpetuity land management. The Property Analysis Record will take into account all management activities required in the Incidental Take Permit to fulfill the requirements of the conservation easement(s), which are currently in review and development.

B-19
Aquatic Resource Avoidance, Permitting, and Protection. The Future Project Applicant's
Prior to Construction
City of Yucaipa Planning
Specific Plan area supports aquatic resources that are considered Qualified Biologist
Division
jurisdictional under the U.S. Army Corps of Engineers (USACE), the Regional Water Quality Control Board (RWQCB), and the California Department of Fish and Wildlife (CDFW). If aquatic resources are fully avoided, no further mitigation would be required; however, the Project must comply with Mitigation Measure B-7 (Construction - Related Indirect Impacts to Biological Resources) and Mitigation Measure B-8 (Long -Term Indirect Impacts to Biological Resources).

If full avoidance is not possible, prior to construction activity, the applicant shall coordinate with USACE and the Santa Ana RWQCB (Region 8) to ensure conformance with the requirements of Section 404 and Section 401 of the Clean Water Act and the Porter — Cologne Water Quality Control Act. Prior to activity within CDFW- jurisdictional streambed or associated riparian habitat, the applicant shall coordinate with CDFW Inland Deserts Region 6 about

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FREEWAY CORRIDOR SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM

CITY OF YUCAIPA

2. Mitigation Monitoring Requirements
Table 5 Mitigation Monitoring Requirements - Specific Plan Mitigation Measure
Responsibility for
Implementation
Timing
Responsibility for
Monitoring
Monitor
(Signature Required)
Date of Compliance)
conformance to the Lake and Streambed Alteration permit requirements.

Future development shall mitigate to ensure no -net -loss of waters at a minimum of 1:1 with establishment or re-establishment credits for impacts on aquatic resources as a part of an overall strategy to ensure no net loss, or at a higher ratio if establishment or re- establishment credits are not available. Mitigation shall be completed through use of a mitigation bank or other applicant - sponsored mitigation. Final mitigation ratios and credits shall be determined in consultation with USACE, RWQCB, and/or CDFW based on agency evaluation of current resource functions and values and through each agency's respective permitting process.

Should applicant -sponsored mitigation be implemented, a habitat mitigation and monitoring plan shall be prepared in accordance with resource agency guidelines and approved by the agencies in accordance with the proposed program permits. The habitat mitigation and monitoring plan will include but is not limited to a conceptual planting plan including planting zones, grading, and irrigation, as applicable; a conceptual planting plant palette; a long- term maintenance and monitoring plan; annual reporting
requirements; and proposed success criteria. Any off -site applicant - sponsored mitigation shall be conserved and managed in
perpetuity.

B-20
Sensitive Upland Vegetation Avoidance and Mitigation. The Future Project Applicant's
Prior to Construction
City of Yucaipa Planning
Specific Plan area supports sensitive vegetation communities, Qualified Biologist
Division
including Menzies's golden bush scrub and Palmer's goldenbush scrub. Future development should avoid these communities. If sensitive upland vegetation communities are fully avoided, no further mitigation will be required.

If full avoidance is not possible, prior to construction activities, the applicant shall mitigate for direct impacts to sensitive vegetation communities at a 1:1 ratio through either a mitigation bank or applicant -responsible mitigation. If applicant -responsible mitigation is performed, a mitigation plan must be prepared. The mitigation Aug�lts12/20I, 39
/26 City Council Agenda 353

FREEWAY CORRIDOR SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM

CITY OF YUCAIPA

2. Mitigation Monitoring Requirements
Table 5 Mitigation Monitoring Requirements — Specific Plan Monitor
Responsibility for
Responsibility for
(Signature Required)
Mitigation Measure
Im lementation
Timing
Monitoring
Date of Compliance)
plan shall include: (1) the mitigation type (e.g., preservation, creation); (2) location of mitigation; (3) evaluation of how the functions and values of the impacted vegetation communities will be mitigated; (4) an implementation plan; (5) maintenance
requirements; (6) monitoring requirements; (7) reporting requirements; (8) contingency measures; (9) long-term
management; and (10) funding assurances
B-21
Culvert Undercrossing. A wildlife undercrossing shall be Future Project Applicant's
During Construction
City of Yucaipa Planning
constructed where proposed improvements to Live Oak Canyon Qualified Biologist,
Division
Road and the future Wildwood Canyon Road interchange cross Construction Contractor
over Yucaipa Creek. The undercrossing will be designed sufficient to convey large, medium, and smaller -sized wildlife. The wildlife undercrossing shall utilize existing or manufactured topography.

The crossing shall be designed to provide an openness ratio (calculated as width times height divided by length in meters) equal to or greater than 0.6 with direct line of sight at both ends. The crossing shall have a raised floor and/or side platform to allow dry passage for wildlife when water is flowing. The design should consider the use of berms to protect the undercrossing from light and noise.

B-22
Tree Removal Permit. Prior to the issuance of grading permits, it Future Project Applicants
Prior to Issuance of
City of Yucaipa Planning
will be the responsibility of the Project applicant to obtain the Grading Permit
Division
necessary permits for removal of trees, including oak trees, as well as the removal of plants within 200 feet of a streambank. The Project applicant will provide the appropriate plot plan or other documentation required by the City of Yucaipa.

CULTURAL RESOURCES

AND TRIBAL CULTURAL RESOURCES
CR-1
Prior to the issuance of any grading permits in planning areas BP4 Future Project Applicant's
Prior to Issuance of Any
City of Yucaipa Planning
and development within the OS, the project proponent shall retain a (in BP4 or OS) Qualified
Grading Permits in
Division
qualified architectural historian, defined as meeting Secretary of the Architectural Historian
Planning Areas BP4 and
Interior Standards to carry out all mitigation measures related to Development Within OS
historical resources. A historic resources technical evaluation for resources P36-12607 and P36-12608 shall be prepared by the qualified architectural historian. The study shall evaluate the

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FREEWAY CORRIDOR SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM

CITY OF YUCAIPA

2. Mitigation Monitoring Requirements
Table 5 Mitiaatlion Monitorina Reauirements — Specific Plan Mitigation Measure
Responsibility for
Implementation
Timing
Responsibility for
Monitoring
Monitor
(Signature Required)
Date of Compliance)
significance and data potential of the resources in accordance with these standards. Resources present on the proposed project site shall be evaluated for eligibility for the California Register of Historical Resources (CRHR); including buildings and structures. If the resource meets the criteria for listing on the CRHR (Pub. Res.

Code Section 5024.1, Title 14 CCR, Section 4852), a program detailing how such long-term avoidance or preservation is assured shall be developed and approved prior to conditional approval.

CR-2
Prior to the issuance of any permits allowing ground -disturbing Future Project Applicant's
Prior to Issuance of Any
City of Yucaipa Planning
activities, the project proponent/operator shall retain a Qualified Qualified Archaeologist
Permits Allowing Ground-
Division
Archaeologist, defined as an archaeologist meeting the Secretary of Disturbing Activities
the Interior's Standards for professional archaeology (U.S.

Department of the Interior, 2011), to carry out all mitigation measures related to archaeological resources. The contact information for this Qualified Archaeologist shall be provided to the City of Yucaipa's Planning Department prior to the commencement of any construction activities on -site. Further, the Qualified Archaeologist shall be responsible for ensuring employee training provisions are implemented during implementation of the Project:
• Prior to any ground disturbance, the Qualified Archaeologist, or their qualified designee, shall provide worker environmental awareness protection training to construction personnel for the protection of cultural (prehistoric and historic) resources. As part of this training, construction personnel shall be briefed on proper procedures to follow should unanticipated cultural resources be made during construction. New construction personnel shall also receive the worker environmental awareness protection training. • In the event that unanticipated cultural resources are encountered during any phase of project construction, all construction work within 50 feet of the find shall cease and the Qualified Archaeologist, in coordination with the City's Planning Department, shall assess the find for importance. Construction activities may continue in other areas. If the discovery is Au Page
1026 City Council Agenda Page 49
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FREEWAY CORRIDOR SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM

CITY OF YUCAIPA

2. Mitigation Monitoring Requirements
Table 5 Mitigation Monitoring Requirements — Specific Plan Mitigation Measure
Responsibility for
Implementation
Timing
Responsibility for
Monitoring
Monitor
(Signature Required)
Date of Compliance)
determined to not be significant by the Qualified Archaeologist, work will be permitted to continue in the area.
• If a find is determined to be important by the Qualified Archaeologist, they shall immediately notify the City's Planning Department. The City's Planning Department shall determine whether the resource is eligible for inclusion in the California Register of Historical Resources (CRHR). If the City determines the resource is eligible for inclusion on the CRHR, project redesign and preservation in place shall be the preferred means to avoid impacts to significant historical resources.
• Consistent with CEQA Guidelines Section 15126.4(b)(3)(C), if it is demonstrated that known resources (P36-000915, P36-
0012602, P36-0012604, and P36-0012605) and unanticipated finds cannot be avoided, the Lead Archaeologist, shall develop additional treatment measures in consultation with the City, which may include placement within conservation easements, preservation -in -place (e.g. capping sites with sterile, chemically neutral soil, geofabric, and some form of shallow -rooted landscaping), Phase II testing, Phase III data recovery or other appropriate measures. The City shall consult with appropriate Native American representatives in determining appropriate treatment for unearthed cultural resources if the resources are prehistoric or Native American in nature. Diagnostic
archaeological materials with research potential recovered during any investigation shall be curated at an accredited curation facility. The Lead Archaeologist shall prepare a report documenting evaluation and/or additional treatment of the resource. A copy of the report shall be provided to the City and to the South Central Coastal Information Center at California State University, Fullerton.
• If the cultural resource is identified as being potentially eligible for listing on either the NRHP or CRHR, and project designs cannot be altered to avoid impacting the site, a Phase III Data Recovery Program to mitigate project effects shall be initiated. A

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FREEWAY CORRIDOR SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM

CITY OF YUCAIPA

2. Mitigation Monitoring Requirements
Table 5 Mitigation Monitoring Requirements — Specific Plan Mitigation Measure
Responsibility for
Implementation
Timing
Responsibility for
Monitoring
Monitor
(Signature Required)
Date of Compliance)
Data Recovery Treatment Plan detailing the objectives of the Phase III Program shall be developed and contain specific testable hypotheses pertinent to the Research Design and relative to the site(s) under study. The Phase III Data Recovery Treatment Plan shall be submitted to the City's Planning Department, the appropriate Native American Band or Tribe, if applicable for review and comment prior to implementation of the Data Recovery Program. After Approval of the Treatment Plan, the Phase III Data Recovery Program for affected, eligible site(s) shall be completed. Typically, a Phase III Data Recovery Program involves the excavation of a statistically representative sample of the site(s) to preserve those resource values that qualify the site(s) as being eligible for listing on the NRHP/CRHR. The Phase III Data Recovery Report shall be
submitted to the City's Planning Department, the appropriate Native American Band or Tribe, if applicable, and the SHPO for review and comment prior to the issuance of a grading permit.

CR-3
Prior to the issuance of a grading permit and before any brush Future Project Applicant's
Prior to Issuance of a
City of Yucaipa Planning
clearance, grading, excavation and/or ground disturbing activities on Qualified Archaeologist
Grading Permit and Before
Division
the site take place, the project proponent shall retain a Secretary of Any Brush Clearance,
Interior Standards qualified archaeological monitor to monitor all Grading, Excavation, and/or
ground -disturbing activities in native soils in an effort to identify any Ground -Disturbing Activities
unknown archaeological resources.

The project archaeologist, in consultation with interested tribes, the developer and the City of Yucaipa, shall develop an Archaeological Monitoring Plan (AMP) to address the details, timing and responsibility of all archaeological and cultural activities that will occur on the project site. Details in the AMP shall include:
• Project -related ground disturbance (including, but not limited to, brush clearing, grading, trenching, etc.) and development scheduling;
• The development of a rotating or simultaneous schedule in coordination with the developer and the project archeologist for Au 'Tf AF1026 City Council Agenda Yq�e 43
357

FREEWAY CORRIDOR SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM

CITY OF YUCAIPA

2. Mitigation Monitoring Requirements
Table 5 Mitigation Monitoring Requirements — Specific Plan Monitor
Responsibility for
Responsibility for
(Signature Required)
Mitigation Measure
Implementation
Timing
Monitoring
Date of Compliance)
designated Native American Tribal Monitors from the consulting tribes during grading, excavation and ground disturbing activities on the site: including the scheduling, safety requirements, duties, scope of work, and Native American Tribal Monitors' authority to stop and redirect grading activities in coordination with all project archaeologists. Tribes shall coordinate as to Tribal Monitoring concurrent with development;
• The protocols and stipulations that the developer, City, Tribes and project archaeologist will follow in the event of inadvertent cultural resources discoveries, including any newly discovered cultural resource deposits that shall be subject to a cultural resources evaluation.
• Pursuant to the AMP, a tribal monitor from the consulting tribe (e.g., Morongo Band of Mission Indians, San Manuel Band of Mission Indians, and/or Soboba Band of Luiseno Indians) shall be present during the initial grading activities. If tribal resources are found during grubbing activities, the tribal monitoring shall be present during site grading activities
• During construction activities, the project proponent shall ensure that Native American monitors have access to the project site to monitor grading and excavation activities. If cultural resources are discovered during ground -disturbing activities, the Native American monitor shall have authority to halt all grading activities within a predetermined radius of the find until its significance can be evaluated.

GEOLOGY AND
SOILS
GS-1
Prior to issuance of a building permit, as per existing City policies, Future Project Applicant's
Prior to Issuance of
City of Yucaipa Planning
geotechnical studies shall be prepared at the time specific Qualified Geologist
Building Permit, and Prior
Division
development projects are proposed to address site specific to Design and Construction
geotechnical considerations. The scope of each geotechnical study is based on the underlying geotechnical conditions of the individual site.

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FREEWAY CORRIDOR SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM

CITY OF YUCAIPA

2. Mitigation Monitoring Requirements
Table 5 Mitiaation Monitorina Reauirements — Specific Plan Mitigation Measure
Responsibility for
Implementation
Timing
Responsibility for
Monitoring
Monitor
(Signature Required)
Date of Compliance)
Prior to design and construction of any future developments within the project area, a comprehensive geotechnical evaluation, including development -specific subsurface exploration and laboratory testing, shall be conducted. The purpose of the subsurface evaluation is to:

1. Further evaluate the subsurface conditions in the area of proposed structures.

2. Provide specific data on potential geologic and geotechnical hazards.

3. Provide information pertaining to the engineering characteristics of earth materials in the project area.

From this data, recommendations for grading/earthwork, surface, and subsurface drainage, temporary and/or permanent dewatering, foundations, pavement structural sections, and other pertinent geotechnical design considerations will be formulated and shall be included in the grading and building plans for individual developments. General recommendations are as follows.

1. Seismic Ground Shaking — Measures to prevent risk of loss, injury or death involving seismic ground shaking include constructing new development to the latest adopted building codes. In addition, new development should not be located near active earthquake faults.

2. Erosion or Loss of Topsoil — Erosion and sediment control measures shall be implemented as required by the City's Grading and Water Quality ordinances.

3. Where Expansive Soils Exist— Measures for the design of foundations, slabs, flatwork, and other improvements subject to damage from expansive soils.

4. For Potential Areas of Soil Subsidence or Lateral Spreading — measures to prevent subsidence due to dewatering or other groundwater withdrawals, and measures to prevent lateral spreading by appropriate load distribution, foundation
AuftZ/2t1T1pp�S Yaffe 45
026 City Council Agenda 359

FREEWAY CORRIDOR SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM

CITY OF YUCAIPA

2. Mitigation Monitoring Requirements
Table 5 Mitigation Monitorinq Requirements — Specific Plan Monitor
Responsibility for
Responsibility for
(Signature Required)
Mitigation Measure
Implementation
Timing
Monitoring
Date of Compliance)
construction, pilings, retaining walls or other engineering controls.

Compliance with this measure shall be verified by the Community Development Department.

GS-2
Detailed geotechnical and hydrology reports shall be prepared prior Future Project Applicant's
Prior to Any Development
City of Yucaipa Planning
to any development approval or grading activities. These reports Qualified Geologist
or Ground -Disturbing
Division
shall specifically address erosion control and surface runoff for both Activities
construction and long-term operations on the site.

Recommendations contained in these reports to prevent soil erosion, siltation, and debris influx into the drainage system shall be implemented. Compliance with this measure shall be verified with the Community Development Department.

GS-3
All excavation activities in any and all areas identified as likely to Future Project Applicant's
During Ground -Disturbing
City of Yucaipa Planning
contain paleontological resources will be monitored by a qualified Qualified Paleontologist
Activities
Division
paleontological monitor. Paleontological monitors must be equipped to salvage fossils as they are unearthed and to remove samples of sediments that are likely to contain the remains of small fossil invertebrates and vertebrates. Monitors shall be empowered to temporarily halt all construction activity to allow removal of abundant or large specimens.

GS-4
All recovered paleontological specimens will be prepared to a point Future Project Applicant's
If Paleontological
City of Yucaipa Planning
of identification and permanent preservation, including washing of Future Project Applicant's
Resources are Discovered
Division
sediments to recover small specimens shall be conducted.

Qualified Paleontologist
Identification and full curation of all specimens into an established, accredited museum repository with permanent retrievable paleontological storage is required.

GREENHOUSE

GAS EMISSIONS
GHG-1
The City of Yucaipa shall require applicants of development projects Future Project Applicants,
Prior to Issuance of
City of Yucaipa Planning
to install electric vehicle (EV) spaces in compliance with the Tier 2 Construction Contractor
Certificate of Occupancy
Division
standards under Section A5.106.5.3.2 of the Non -Residential Voluntary Measures or Section A4.106.6.2.1 of the Residential Voluntary Measures, whichever is applicable, in the 2022 California Green Building Standards Code CALGreen . All site plans

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FREEWAY CORRIDOR SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM

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2. Mitigation Monitoring Requirements
Table 5 Mitiaation Monitorina Reauirements — Specific Plan Mitigation Measure
Responsibility for
Implementation
Timing
Responsibility for
Monitoring
Monitor
(Signature Required)
Date of Compliance)
submitted to the City of Yucaipa Building and Safety Division shall illustrate compliance to either Section A5.106.5.3.2 or A4.106.8.2.1, whichever is applicable. In addition, the City of Yucaipa shall require applicants of development projects to include car/vanpool program with preferred parking and provide reserved preferential parking spaces for car -share, carpool, and ultra -low or zero emission vehicles.

Prior to issuance of the certificate of occupancy, the project applicant shall provide documentation to the City of Yucaipa Planning Division that verifies compliance with this measure.

GHG-2
The City of Yucaipa shall require applicants to design and construct Future Project Applicants,
Prior to Issuance of
City of Yucaipa Planning
all buildings to be all electric with electricity to be the only Construction Contractor
Building Permits (electric
Division
permanent source of energy for water -heating, mechanical and buildings) and Prior to
heating, ventilation, and air conditioning (HVAC) (i.e., space -heating Issuance of Certificate of
and space cooling), cooking, and clothes -drying. All major Occupancy (Energy Star
appliances (e.g., dishwashers, refrigerators, clothes washers and Appliances)
dryers, and water heaters) provided/installed are electric powered Energy Star certified or of equivalent energy efficiency where applicable. Prior to issuance of building permits, applicants shall provide plans that show the aforementioned requirements to the City of Yucaipa Planning Division. Prior to issuance of the certificate of occupancy, the City of Yucaipa Building & Safety Division shall verify installation of the electric -powered Energy Star or equivalent appliances.

See Mitigation Measures AQ-2 through and AQ-5, under Air Qualify.

HYDROLOGY AND WATER QUALITY
HWQ-1
Grading shall be phased so that prompt revegetation or construction Future Project Applicant's
During Construction
City of Yucaipa Planning
will control erosion. Where possible, only those areas which will be Construction Contractor
Activities
Division
built on, resurfaced, or landscaped shall be disturbed.

HWQ-2
Spill containment systems shall consist of a system of dikes, walls, Future Project Applicants
Prior to issuance of
City of Yucaipa Planning
barriers, berms and/or other devices designed to contain the and Construction
Occupancy Permits
Division
spillage of the liquid contents of the containers stored in them and to Contractor
minimize the buildup of stormwater from precipitation, and run-on from roof drainage and outside areas. If the spill containment Au a' 5 — 1.1 47
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FREEWAY CORRIDOR SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM

CITY OF YUCAIPA

2. Mitigation Monitoring Requirements
Table 5 Mitigation Monitorinq Requirements — Specific Plan Mitigation Measure
Responsibility for
Implementation
Timing
Responsibility for
Monitoring
Monitor
(Signature Required)
Date of Compliance)
system does not have a roof which covers the entire contained area, the spill containment system shall have the capacity to contain precipitation from at least a twenty-four (24), twenty-five (25) year rainfall event plus ten percent of the total volume of the material stored there or the volume of the largest container, whichever is greater. Spill containment systems shall also be constructed of impermeable and non -reactive materials to the liquids and/or wastes being contained.

HWQ-3
Spilled and/or leaked materials and/or wastes and any accumulated Future Project
During Operation
City of Yucaipa Planning
precipitation shall be removed from the spill containment system in Applicants/Tenants
Division and Future
as timely a manner as is necessary to prevent the overflow of the Building Owner/Operator
spill containment system. Unless otherwise approved in writing by the City Engineer, all chemicals or wastes discharged within the spill containment system shall be disposed of in accordance with all applicable federal, state, and local rules, regulations, and laws, and shall not be discharged into the public sanitary sewer system, stormwater drainage system or onto the ground.

TRIBAL CULTURAL RESOURCES
See Mitigation Measures CR-2 and CR-3, under Cultural Resources.

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Table 6

AESTHETICS

FREEWAY CORRIDOR SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM

CITY OF YUCAIPA

2. Mitigation Monitoring Requirements
Mitigation Monitoring Requirements — Pacific Oaks Commerce Center Monitor
Responsibility for Responsibility for (Signature Required) Mitigation Measure Implementation Timing Monitoring (Date of Compliance) AES-1
Prior to issuance of grading permits, lighting plans and signage Project Applicant
Prior to Issuance of
City of Yucaipa Planning
plans for new development shall be reviewed by the Community Grading Permits, Lighting
Division
Development Department to ensure that minimal light intrusion and Plans, and Signage Plans
spill over into adjacent residential areas occurs.

AES-2
Prior to issuance of grading permits, and during the Specific Plan Project Applicant
Prior to Issuance of
City of Yucaipa Planning
review process for future development in the Specific Plan site, the Grading Permits and During
Division
Director of Community Development shall ensure that mirrored and Review Process for Future
highly reflective surfaces are discouraged or, where proposed, shall Development
be accompanied by a design -level glare impact analysis that demonstrates no adverse visual impairment to motorists or other visual nuisance occurs.

AIR QUALITY
AQ-1
In accordance with South Coast Air Quality Management District Project Applicant's
During Construction
City of Yucaipa Planning
(AQMD) Rule 403, the City will require the following measures to be Construction Contractor
Division
taken during the construction of all future development projects on the Specific Plan Site associated with the proposed Specific Plan to reduce the amount of dust and other sources of PM10:
• Water exposed soils at least twice three times daily and maintain equipment and vehicle engines in good condition and in proper tune;
• Wash off trucks leaving development sites and water down all construction areas;
• Replace ground cover on construction sites if it is determined that the site will be undisturbed for lengthy periods;
• Reduce speeds on unpaved roads to less than 15 miles per hour;
• Halt all grading and excavation operations when wind speeds exceed 25 miles per hour;
• Properly maintain diesel -powered on -site mobile equipment; • Install particulate filters on off -road construction equipment; Au u Page 49
8 i VIA026 City Council Agenda 363

FREEWAY CORRIDOR SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM

CITY OF YUCAIPA

2. Mitigation Monitoring Requirements
Table 6 Mitigation Monitoring Requirements — Pacific Oaks Commerce Center Monitor
Responsibility for
Responsibility for
(Signature Required)
Mitigation Measure
Implementation
Timing
Monitoring
Date of Compliance
• Sweep streets at the end of the day if substantial visible soil material is carried over to the adjacent streets;
• Cover all trucks hauling dirt, sand, soil or other loose material to and from the site;
• Limit truck construction traffic to non -peak times of the morning or afternoon;
• Use surfactants and other chemical stabilizers to suppress dust at construction sites; and
• Use wheel washers for construction equipment.

AQ-2
All appliances installed as part of future development projects shall Project Applicant,
Prior to Building Occupation
City of Yucaipa Planning
be energy efficient appliances (i.e., washers/dryers, refrigerators, Construction Contractor
Division
stoves, etc.).

AQ-4
Future development projects on the Specific Plan site shall install Project Applicant,
During Construction
City of Yucaipa Planning
Energy Star labeled roof materials.

Construction Contractor
Division
AQ-6
The City of Yucaipa shall require that applicants for new Project Applicant,
During Construction
City of Yucaipa Planning
development projects incorporate the following to reduce air Construction Contractor
Division
pollutant emissions during construction activities:
• Use construction equipment rated by the United States Environmental Protection Agency as having Tier 4 (model year 2008 or newer) Final or stricter emission limits, for engines between 50 and 750 horsepower. If Tier 4 Final equipment is not available, the applicant shall provide documentation or demonstrate its unavailability to the City of Yucaipa Building & Safety Division prior to the issuance of any construction permits. • Limit nonessential idling of heavy equipment for more than three minutes.
• Prohibit off -road diesel -powered equipment from being in the "on" position for more than 10 hours per day.
• Use electric -powered hand tools, forklifts, and pressure washers, and provide electrical hookups to the power grid rather than use of diesel -fueled generators to supply their power, as feasible.

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FREEWAY CORRIDOR SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM

CITY OF YUCAIPA

2. Mitigation Monitoring Requirements
Table 6 Mitiaation Monitorina Reauirements — Pacific Oaks Commerce Center Mitigation Measure
Responsibility for
Implementation
Timing
Responsibility for
Monitoring
Monitor
(Signature Required)
Date of Compliance)
• Plans submitted for grading permit issuance and building permit issuance once grid power to the site is available, shall designate an area in the construction site where electric -powered construction vehicles and equipment can charge. The provision of temporary electric infrastructure for such purpose shall be approved by the utility provider, Southern California Edison (SCE). If SCE will not approve the installation of temporary power for this purpose, the establishment of a temporary electric charging area will not be required. If electric equipment will not be used on the construction site because the construction contractor(s) does not have such equipment in its fleet, the establishment of a temporary electric charging area also will not be required. If electric powered equipment is in the contractor(s) equipment fleet, and SCE approval is secured, the temporary charging location is required to be established upon issuance of grading permits and building permits.
• Outside of site preparation, limit the amount of daily grading disturbance area, as feasible.
• During construction, the construction contractor shall maintain a list of all operating equipment in use on the construction site for verification by the City of Yucaipa. The construction equipment list shall state the makes, models, Equipment Identification Numbers, Engine Family Numbers, and number of construction equipment on -site.
• Use paints with a VOC content that meets the South Coast Air Quality Management District Super Compliant architectural coatings standard of 10 grams per liter (g/L) or less for coating building architectural surfaces.
• Use paints with a VOC content of 50 g/L or less for parking areas and surfaces.
• Provide information on transit and ridesharing programs and services to construction employees.

AATf I1Z71026 City Council Agenda Pine 51
365'

FREEWAY CORRIDOR SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM

CITY OF YUCAIPA

2. Mitigation Monitoring Requirements
Table 6 Mitigation Monitoring Requirements — Pacific Oaks Commerce Center Monitor
Responsibility for
Responsibility for
(Signature Required)
Mitigation Measure
Implementation
Timing
Monitoring
Date of Compliance
• Provide meal options onsite or shuttles between the facility and nearby meal destinations for construction employees, as feasible.

These identified measures shall be incorporated into all appropriate construction documents (e.g., construction management plans) submitted to the City and shall be verified by the City's Planning Division
AQ-7
The City of Yucaipa shall require that project developer/facility Project Applicant,
During Construction
City of Yucaipa Planning
owner for new development projects that would use off -road Construction Contractor
Division
equipment (e.g., forklifts and yard trucks) in daily business operations only utilize zero -emissions off -road equipment. The project developer/facility owner shall disclose this requirement to all tenants/business entities prior to the signing of any lease agreement. In addition, the limitation to use only zero -emissions off - road equipment shall be included all leasing agreements.

Prior to issuance of a Business License for a new tenant/business entity, the project developer/facility owner and tenant/business entity shall provide to the City of Yucaipa Planning Division and Business License Division, a signed document (verification document) noting that the project development/facility owner has disclosed to the tenant/business entity the requirement to use only zero -emissions equipment for daily operations. This verification document shall be signed by authorized agents for the project developer/facility owner and tenant/business entities and the agreement shall be retained by the facility owner onsite. In addition, if applicable, the tenant/business entity shall provide documentation (e.g., purchase or rental agreement) to the City of Yucaipa Planning Division and Business License Division to verify, to the City's satisfaction, that any off -road equipment utilized will be zero - emissions.

AQ-8
Only electric standby and/or hybrid electric transport refrigeration Project
During Operation
City of Yucaipa Planning
units (E/S TRUs) shall be utilized onsite for daily warehouse and Applicants/Tenants
Division and Building
business operations. All E/S TRUs shall comply with the California Owner/Operator
Air Resources Board's "Alternative Technology" requirements under Section 2477 e 1 A 3 of the California Code of Regulations, Title

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FREEWAY CORRIDOR SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM

CITY OF YUCAIPA

2. Mitigation Monitoring Requirements
Table 6 Mitigation Monitoring Requirements — Pacific Oaks Commerce Center Monitor
Responsibility for
Responsibility for
(Signature Required)
Mitigation Measure
Implementation
Timing
Monitoring
Date of Compliance)
13, Article 8, Chapter 9, Division 3. The project developer/facility owner shall disclose this requirement to all tenants/business entities prior to the signing of any lease agreement. In addition, the limitation to use only E/S TRUs shall be included all leasing agreements.

AQ-9
All truck/dock bays that serve cold storage facilities within the Project Applicant,
Prior to Issuance of a
City of Yucaipa Planning
proposed buildings shall be electrified to facilitate plug-in capability Construction Contractor
Certificate of Occupancy
Division
and support use of electric standby and/or hybrid electric transport refrigeration units. All site and architectural plans submitted to the City of Yucaipa Planning Division shall note all the truck/dock bays designated for electrification. Prior to the issuance of a Certificate of Occupancy, the City of Yucaipa Building & Safety Division shall verify electrification of the designated truck/dock bays.

AQ-10
To reduce idling emissions from transport trucks, signage shall be Project Applicant,
During Construction
City of Yucaipa Planning
placed at truck access gates, loading docks, and truck parking Construction Contractor
Division
areas that identify applicable California Air Resources Board (CARB) anti -idling regulations (e.g., Rule 2485) and directional information to the nearest freeway on -ramps. At minimum, each sign shall include: 1) instructions for truck drivers to shut off engines when not in use; 2) instructions for drivers of diesel trucks to restrict non -essential idling to no more than two consecutive minutes (compared to five minutes currently allowed under Rule 2485); and 3) telephone numbers of the building facilities manager and CARB to report violations. Directional text on the sign shall read 'To Truck Route" with a directional arrow. All signage shall be made of weather-proof materials. Truck check -in points shall be inside the project site to ensure no trucks are queuing on local roadway. All site and architectural plans submitted to the City of Yucaipa Planning Division shall note the locations of these signs. Prior to issuance of the Certificate of Occupancy, the City of Yucaipa Building & Safety Division shall verify the installation of these signs.

In addition, the building owner shall implement the following measures:
_"'4 f N026 City Council Agenda Page 53
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FREEWAY CORRIDOR SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM

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2. Mitigation Monitoring Requirements
Table 6 Mitigation Monitoring Requirements — Pacific Oaks Commerce Center Monitor
Responsibility for
Responsibility for
(Signature Required)
Mitigation Measure
Implementation
Timing
Monitoring
Date of Compliance
• Occupants/tenants shall be provided documentation on the United States Environmental Protection Agency's SmartWay program.
• Occupants/tenants shall be provided documentation on funding opportunities, such as the Carl Moyer Program, that provide incentives for using cleaner -than -required engines and equipment.
• Occupants/tenants shall be provided information on efficient scheduling and load management to reduce unnecessary
queuing and idling of trucks.

AQ-11
The property manager/owner shall specify in all property Project Applicant,
During Operation
City of Yucaipa Planning
maintenance bids that the landscape maintenance contractor shall Construction Contractor
Division
only use zero emissions landscaping equipment in line with new requirements from the California Air Resources Board for small off - road engines. Prior to the issuance of a Certificate of Occupancy, the property manager/facility owner shall provide documentation (e.g., purchase, rental, and/or services agreement) to the City of Yucaipa Building & Safety Division, that all landscaping equipment utilized will be zero emissions equipment. The property manager/facility owner shall also provide the property landscaping maintenance schedule as part of this documentation. Prior to the issuance of a Certificate of Occupancy, the City of Yucaipa Building & Safety Division shall verify, to the City's satisfaction, that any landscaping equipment utilized will be zero emissions equipment.

AQ-12
The City of Yucaipa shall require the following measures for Future Project Applicants,
During plan check
City of Yucaipa Planning
warehouse facilities:

Construction Contractors
Division
• The buildings' electrical room shall be sufficiently sized to hold additional panels that may be needed to supply power for the future installation of electric vehicle (EV) truck charging stations on the site.
• Conduit shall be installed from the electrical room to tractor trailer parking spaces in logical location(s) on the site determined by the project applicant during construction document plan check, for the purpose of accommodating the

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368

FREEWAY CORRIDOR SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM

CITY OF YUCAIPA

2. Mitigation Monitoring Requirements
Table 6 Mitigation Monitorinq Requirements — Pacific Oaks Commerce Center Mitigation Measure
Responsibility for
Implementation
Timing
Responsibility for
Monitoring
Monitor
(Signature Required)
Date of Compliance)
future installation of EV truck charging stations at such time this technology becomes commercially available and the buildings are being served by trucks with electric -powered engines. • If there are electric -powered domiciled heavy-duty trucks (Class 7 and 8), the tenantloperator of the facility shall be required to provide EV truck charging facilities on site sufficient to charge the electric trucks domiciled on the site, and such facilities shall be made available for all electric trucks that use the facility, to the extent the applicable utility authorizes and has capacity to support.

All site and architectural plans submitted to the City of Yucaipa Planning Division shall note the electric charging requirements identified above.

BIOLOGICAL RESOURCES
B-1
Oak Tree Survey. Prior to grading the applicant will conduct an oak Project Applicant's
Prior to Grading
City of Yucaipa Planning
tree survey to identify oak trees to be encroached upon, removed Qualified Biologist and/or
Division
and/or relocated, and those within 100 feet of the project site or Arborist
construction area. Oak trees will be identified, located, and tagged during the survey. An oak tree report may be required depending on the scope and the nature of the project impact on the surrounding trees, as determined during the pre -application conference. In general, the requirements for an oak tree report may be waived in situations involving the removal of dead or hazardous trees and/or potential impacts to less than four trees. In situations requiring the submission of an oak tree report, the document shall be certified by the oak tree consultant to be true and correct and must be acceptable to the Community Development Director (Yucaipa Development Code Section 89.0501). The oak tree report will include information on the oak trees proposed for impacts, including location, diameter of trunk, diameter of canopy, height, and the health and condition of the subject oak trees. In addition, a site plan map must be submitted during the application process. The site plan map is required to show proposed grading and construction areas, oak tree locations, and the exact location of the dripline of an oak tree.

AuguatlTl 1 026 City Council Agenda Page 55
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2. Mitigation Monitoring Requirements
Table 6 Mitigation Monitoring Requirements — Pacific Oaks Commerce Center Mitigation Measure
Responsibility for
Implementation
Timing
Responsibility for
Monitoring
Monitor
(Signature Required)
Date of Compliance)
B-2
Oak Tree Permit. Prior to the removal of, or the encroachment into, Project Applicant's
Prior to Removal of, or
City of Yucaipa Planning
the "protected zone" of oak trees, the applicant will first obtain an Qualified Biologist and/or
Encroachment Into, the
Division
oak tree permit as stated in section 89.0515 (b) (1) of the Yucaipa Arborist
Protected Zone of Oak
Development Code. Specifically, the protected zone for oak trees is Trees
defined as the area within a circumference measured five feet outside of the dripline of the tree and extending inwards to the trunk of the tree, with the condition that the protected zone must always be at least 15 feet from the trunk of an oak tree (Yucaipa Development Code Section 89.0501). The applicant will obtain oak tree permits to allow encroachments within the dripline as needed.

Requests for encroachments that do not exceed 50 percent of the dripline would qualify for administrative processing, whereas, requests for encroachments that exceeds 50 percent of the dripline would require Yucaipa Planning Commission review. (The
guidelines of the Oak Tree Conservation Ordinance explain the processing steps involved in obtaining an oak tree permit, the information necessary to apply for an oak tree permit, the standard conditions for an oak tree permit, oak tree survey and reporting requirements, oak tree removal requirements, oak tree planting and replacement requirements, and the enforcement of the Oak Tree Conservation Ordinance).

B-3
Oak Tree Design Guidelines. During final design the applicant will Project Applicant's
During Final Design
City of Yucaipa Planning
provide design guidelines as set forth in the Oak Tree Conservation Qualified Biologist and/or
Division
Ordinance. Section 89.0501 of the Yucaipa Development Code Arborist
provides design guidelines and evaluation criteria for projects that will impact or potentially impact oak trees. City of Yucaipa enforces the conservation of all healthy oak trees unless reasonable and conforming use of the property justifies removal, cutting, pruning and/or encroachment into the protected zone of an oak tree. To the extent possible, given the constraints of the property, the project must (1) preserve or minimize impacts to existing healthy oak trees; (2) eliminate or minimize encroachment or new construction in areas of oak trees; (3) minimize the percentage of encroachment from construction on oak trees; (4) avoid locating parking facilities and pedestrian walkways in close proximity to hazardous oak trees for safety reasons, unless it can be demonstrated that major surgery

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2. Mitigation Monitoring Requirements
Table 6 Mitiaation Monitorina Reauirements — Pacific Oaks Commerce Center Monitor
Responsibility for
Responsibility for
(Signature Required)
Mitigation Measure
Implementation
Timing
Monitoring
Date of Compliance)
and a nutrient feeding program will restore the tree to a safe and vigorous condition, or the trees are located in minimal access areas such as drainages or steep slopes.

B-4
Oak Tree Mitigation. The applicant will mitigate oak tree impacts Project Applicant's
Prior to Relocation and/or
City of Yucaipa Planning
through relocation and/or replacement through habitat creation, Arborist and/or
Replacement of Oak Trees
Division
restoration, and enhancement efforts. Requests for relocations can Construction Contractor
be processed administratively only when the diameter of the tree does not exceed six inches when measured at a point 4.5 feet above the natural grade of the tree. Requests for relocation of trees with larger diameters must be processed and reviewed by the Yucaipa Planning Commission and the City Council. Any
replacement trees from a nursery must be either coast live oak or valley oak (Quercus lobata). Other oak tree varieties must be approved in advance by the Community Development Department.

All relocated or replaced trees shall be monitored and maintained by a qualified biologist for five years or until the plants have become fully established and can survive without supplemental irrigation.

B-5
Fuel Management Zone. A plan for the management of the fuel Project Applicant's
Prior to Issuance of
City of Yucaipa Planning
management zone shall be developed and submitted to the City of Qualified Biologist
Grading Permit
Division
Yucaipa for review and approval prior to issuance of a grading permit. The management plan shall include access points, signage for trails and restricted uses, and appropriate fencing.

B-7
Construction -Related Indirect Impacts to Biological Resources.

Project Applicant's
Prior to Issuance of a
City of Yucaipa Planning
Prior to issuance of a construction permit within 500 feet of Qualified Biologist
Construction Permit within
Division
proposed open space (conserved and non -conserved), suitable 500 feet of Proposed Open
habitat for special -status species with potential to occur in the Space
Project site, aquatic resources, or sensitive vegetation communities, construction plans and conditions of approval shall include the following to address indirect impacts:

Biological Monitoring. A qualified project biologist approved by the City of Yucaipa shall monitor ground -disturbing and vegetation -clearing activities for the duration of the Project to ensure that practicable measures are being employed to avoid incidental disturbance of habitat, species of concern, and other sensitive biological resources outside the Project footprint. Once A4V�/?fN026 City Council Agenda Page 57
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2. Mitigation Monitoring Requirements
Table 6 Mitigation Monitoring Requirements — Pacific Oaks Commerce Center Mitigation Measure
Responsibility for
Implementation
Timing
Responsibility for
Monitoring
Monitor
(Signature Required)
Date of Compliance
ground -disturbing and vegetation -clearing activities are complete, the project biologist shall conduct weekly checks to inspect construction, staking, or flagging (see "Delineation of Property Boundaries,' below) and ensure that all applicable requirements from the mitigation measures are being upheld. • Worker Environmental Awareness Training. Prior to grading, a pre -construction meeting shall be required that includes a training session for project personnel by a qualified biologist.

The training shall include (1) a description of the species of concern and its habitats; (2) the general provisions of the applicable regulations pertaining to biological resources, including the Endangered Species Act and the Clean Water Act; (3) the need to adhere to the provisions of the Endangered Species Act, the Clean Water Act, and other applicable
regulations; (4) the penalties associated with violating the provisions of the Endangered Species Act, Clean Water Act, and other applicable regulations; (5) the general measures that are being implemented to conserve the species of concern as they relate to the project; and (6) the access routes to the project site and the boundaries within which the project activities must be accomplished. Additionally, the training shall include the measures and mitigation requirements for the applicable resources. Copies of the mitigation measures and any required permits from the resource agencies will be made available to construction personnel and maintained in the construction site trailer, and be made available in alternate languages, if necessary.
• Delineation of Property Boundaries. Before beginning
activities that would cause impacts, the contractor shall, in consultation with the biological monitor, clearly delineate the boundaries within which the impacts will take place with fencing, stakes, or flags, consistent with the grading plan. All impacts outside the fenced, staked, or flagged areas shall be avoided, and all fencing, stakes, and flags shall be maintained until the Page58 0I/12/2026 City Council Agenda PlaceW/orkr
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2. Mitigation Monitoring Requirements
Table 6 Mitigation Monitorinq Requirements — Pacific Oaks Commerce Center Mitigation Measure
Responsibility for
Implementation
Timing
Responsibility for
Monitoring
Monitor
(Signature Required)
Date of Compliance)
completion of impacts in that area. In addition, any avoided environmental resources will be clearly delineated.
• Standard Dust Control Measures. Standard dust control measures as per the South Coast Air Quality Management
District shall be implemented to reduce impacts on nearby plants and wildlife. Measures include controlling speed to 15 mph or less on unpaved roads, replacing ground cover in disturbed areas as quickly as possible, frequently watering active work sites, installing shaker plates, and suspending excavation and grading operations during periods of high winds.
• Stormwater Pollution Prevention Plan. Prior to issuance of a grading permit for construction, the applicant shall submit a Stormwater Pollution Prevention Plan (SWPPP) to the City of Yucaipa that specifies best management practices to prevent all construction pollutants from contacting stormwater, with the intent of keeping sedimentation or any other pollutants from moving off site and into receiving waters. The requirements of the SWPPP shall be incorporated into design specifications and construction contracts. Best management practices categories employed on site would include erosion control, sediment control, and non-stormwater (good housekeeping). Best
management practices recommended for the construction phase shall include, but not be limited to:
— Limit grading to the minimum area necessary for
construction, operation, and decommissioning of the Project — Limit vegetation disturbance/removal to the maximum extent practicable
— Implement fiber rolls and sandbags around drainage areas and the site perimeter
— Stockpile and dispose of demolition debris, concrete, and soil properly
— Install a stabilized construction entrance/exit, and stabilize disturbed areas
A"W/iZ/2D26 City Council Agenda Pale 5P
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FREEWAY CORRIDOR SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM

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2. Mitigation Monitoring Requirements
Table 6 Mitigation Monitoring Requirements — Pacific Oaks Commerce Center Mitigation Measure
Responsibility for
Implementation
Timing
Responsibility for
Monitoring
Monitor
(Signature Required)
Date of Compliance
— Ensure proper protections for fueling and maintenance of equipment and vehicles
— Manage waste, aggressively controlling litter, and
implementing sediment controls.
— Stabilize soil in disturbed areas by revegetation.

The following water quality measures will be included in the SWPPP:
— Erodible fill material shall not be deposited into water courses. Brush, loose soils, or other similar debris material shall not be stockpiled within the stream channel or on its banks.
— Projects shall be designed to avoid the placement of
equipment and personnel within the stream channel or on sand and gravel bars, banks, and adjacent upland habitats used by target species of concern, as feasible. Projects that cannot be constructed without placing equipment or
personnel in sensitive habitats shall be timed to avoid the breeding season of riparian species.
— When stream flows must be diverted, the diversions shall be conducted using sandbags or other methods requiring
minimal instream impacts. Silt fencing or other sediment trapping materials shall be installed at the downstream end of construction activity to minimize the transport of sediments off site. Settling ponds where sediment is collected shall be cleaned out in a manner that prevents the sediment from reentering the stream. Care shall be exercised when
removing silt fences, as feasible, to prevent debris or sediment from returning to the stream.
— Water pollution and erosion control plans shall be developed and implemented in accordance with the Regional Water
Quality Control Board.

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2. Mitigation Monitoring Requirements
Table 6 Mitiaation Monitorina Reauirements — Pacific Oaks Commerce Center Mitigation Measure
Responsibility for
Implementation
Timing
Responsibility for
Monitoring
Monitor
(Signature Required)
Date of Compliance)
• Minimize Spills of Hazardous Materials. All vehicles and equipment shall be maintained in proper condition to minimize the potential for fugitive emissions of motor oil, antifreeze, hydraulic fluid, grease, or other hazardous materials. Hazardous spills shall be immediately cleaned up, the contaminated soil shall be immediately cleaned up, and the contaminated soil shall be properly handled or disposed of at a licensed facility.

Servicing of construction equipment shall take place only at a designated staging area.
• Invasive Weeds. To reduce the spread of invasive plant species, landscape plants shall not be on the most recent version of the California Invasive Plant Council's California Invasive Plant Inventory (h ftp://www.cal-
ipc.org/ip/inventory/index.php).
• Night Work. All construction activities will be conducted during the daytime, and lights will not be kept on overnight in the construction area, as practicable. If night lighting is required during construction activities, all exterior lighting along undeveloped land shall be fully shielded and directed downward in a manner that will prevent light spillage or glare into the adjacent open space.

B-8
Long -Term Indirect Impacts to Biological Resources. Prior to Project Applicant's
Prior to Issuance of a
City of Yucaipa Planning
issuance of a construction permit within 500 feet of proposed open Qualified Biologist
Construction Permit within
Division
space (conserved and nonconserved), suitable habitat for special- 500 feet of Proposed Open
status species with potential to occur in the Project site, aquatic Space
resources, or sensitive vegetation communities, construction plans and conditions of approval shall include the following to address indirect impacts to special -status species:
• Runoff: Future development within 500 feet of proposed open space (conserved and non -conserved), suitable habitat for special -status species with potential to occur in the Project site, aquatic resources, or sensitive vegetation communities shall incorporate measures, including measures required through the National Pollutant Discharge Elimination System requirements, to ensure that the quantity and quality of runoff discharged is not August 22025 Page 61
2 01/1 026 City Council Agenda 375

FREEWAY CORRIDOR SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM

CITY OF YUCAIPA

2. Mitigation Monitoring Requirements
Table 6 Mitigation Monitoring Requirements — Pacific Oaks Commerce Center Mitigation Measure
Responsibility for
Implementation
Timing
Responsibility for
Monitoring
Monitor
(Signature Required)
(Date of Compliance
altered in an adverse way when compared with existing
conditions. In particular, measures shall be put in place to avoid discharge of untreated surface runoff from developed and paved areas into proposed open space or suitable habitat for special - status species. Stormwater systems shall be designed to prevent the release of toxins, chemicals, petroleum products, exotic plant materials, or other elements that might degrade or harm biological resources or ecosystem processes. This can be accomplished using a variety of methods including natural detention basins, grass swales, or mechanical trapping devices.

Runoff control systems shall receive regular maintenance to ensure their effective operations.
• Toxicants: Land uses that use chemicals or generate
bioproducts such as manure, fertilizer, or vineyard waste that are potentially toxic or may adversely affect plant species, wildlife species, habitat, or water quality shall incorporate measures to ensure that application of such chemicals does not result in discharges. Measures such as those employed to address
drainage issues shall be implemented.
• Lighting: Night lighting shall be directed away from proposed open space and/or suitable habitat for special -status species to protect species from direct night lighting. Shielding shall be incorporated in Project designs to ensure ambient lighting is not increased. Any trails that intersect proposed open space will not include night lighting.
• Noise: Proposed noise -generating land uses affecting suitable habitat for special -status species shall incorporate setbacks, berms, or walls to minimize the effects of noise on resources pursuant to applicable rules, regulations, and guidelines related to land use noise standards. For planning purposes, wildlife should not be subject to noise that would exceed residential noise standards.
• Invasive Species: When approving landscape plans for future development, emphasis will be placed on using native species that occur in the region. Invasive, nonnative plant species listed

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FREEWAY CORRIDOR SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM

CITY OF YUCAIPA

2. Mitigation Monitoring Requirements
Table 6 Mitiaation Monitorina Reauirements — Pacific Oaks Commerce Center Mitigation Measure
Responsibility for
Implementation
Timing
Responsibility for
Monitoring
Monitor
(Signature Required)
Date of Compliance)
on the most recent California Invasive Plant Council inventory (hftps:// www.cal-ipc.org/plants/inventory/) with a rating of moderate or high shall not be included in landscaping.
• Barriers: Future development shall incorporate barriers, where appropriate in individual project designs, to minimize
unauthorized public access, domestic animal predation, illegal trespass, or dumping in proposed open space and/or suitable habitat for special -status wildlife. Such barriers may include native landscaping, rocks/boulders, fencing, walls, signage, and/or other appropriate mechanisms. Any proposed trails through open space will have gates that close at nighttime as well as signage and appropriate barriers to keep people and domestic animals on the trail.
• Restoration of Temporary Impacts: Prior to issuance of a grading or construction permit within the Project, grading and construction plans shall include the following note regarding any temporary impacts to uplands:
— Site construction areas subjected to temporary ground disturbance in undeveloped areas shall be subjected to
revegetation with an application of a native seed mix, if necessary, prior to or during seasonal rains to promote passive restoration of the area to pre -Project conditions (except that no invasive plant species will be restored). An area subjected to "temporary" disturbance means any area that is disturbed but will not be subjected to further
disturbance as part of the Project. If any grading occurred in areas intended to remain undeveloped, the site will be
recontoured to natural grade. This measure does not apply to situations in urban/developed areas that are temporarily impacted and will be returned to an urban/developed land use. Prior to seeding temporary ground disturbance areas, the Project biologist will review the seeding palette to ensure no seeding of invasive plant species, as identified in the most recent version of the California Invasive Plant Inventory for the region.

Au 377
7 1'age 63
g'43j�1�026 City Council Agenda '�

FREEWAY CORRIDOR SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM

CITY OF YUCAIPA

2. Mitigation Monitoring Requirements
Table 6 Mitigation Monitoring Requirements — Pacific Oaks Commerce Center Mitigation Measure
Responsibility for
Implementation
Timing
Responsibility for
Monitoring
Monitor
(Signature Required)
Date of Compliance
B-9
Pre -construction Pond Check for Western Spadefoot. A pre- Project Applicant's
Prior to and During Rainy
City of Yucaipa Planning
construction pond check by a qualified biologist shall occur within Qualified Biologist
Season, Before Stary of
Division
the construction area prior to the rainy season before start of Construction
construction activities. If no potential habitat for western spadefoot is found during the survey, no further mitigation would be required.

If potential habitat for western spadefoot is identified, construction fencing appropriate for amphibian exclusion will be installed around the construction area. A pre -construction pond check and focused survey for western spadefoot will be conducted the winter prior to grading activities in the construction area. The pond check will occur within 24 hours of the winter season's first three rain events and prioritize ponded features that hold water for 45 days or greater.

Ideally, these rain events would produce a minimum of 0.2 inch during a 24-hour period.

If western spadefoot are detected during surveys in the fenced construction footprint, then biologists shall collect western spadefoot adults from areas within 300 feet of known occupied pools. Adults shall be relocated outside of the construction footprint to portions of the conserved open space (see Mitigation Measure B-10, Wildlife Movement) that have suitable breeding habitat and few or no western spadefoot individuals. Relocation of western spadefoot will follow the latest amphibian handling guidelines provided by the U.S.

Geological Survey.

B-11
Pre -construction Nesting Bird Survey. Construction activities Project Applicant's
During Construction
City of Yucaipa Planning
shall avoid the migratory bird nesting season (typically January 1 Qualified Biologist
Outside of Bird Nesting
Division
through September 30) to reduce any potential significant impact to Season
birds that may be nesting within the construction area. If construction activities must occur during the migratory bird nesting season, an avian nesting survey of the Project site and within 500 feet of all impact areas must be conducted to determine the presence/absence of fully protected species (including white-tailed kite), protected migratory birds, and active nests. The avian nesting survey shall be performed by a qualified wildlife biologist within 72 hours prior to the start of construction in accordance with the Migratory Bird Treaty Act and California Fish and Game Code Sections 3503, 3503.5, and 3513. If an active bird nest is found, the

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01/12/2026 City Council Agenda
I'IaceWorks
378

FREEWAY CORRIDOR SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM

CITY OF YUCAIPA

2. Mitigation Monitoring Requirements
Table 6 Mitigation Monitoring Requirements — Pacific Oaks Commerce Center Mitigation Measure
Responsibility for
Implementation
Timing
Responsibility for
Monitoring
Monitor
(Signature Required)
Date of Compliance)
nest shall be flagged and mapped on the construction plans along with an appropriate buffer established around the nest, which will be determined by the biologist based on the species' sensitivity to disturbance (typically 300 feet for passerines and 500 feet for raptors and special -status species). The nest area shall be avoided until the nest is vacated and the juveniles have fledged. The nest area shall be demarcated in the field with flagging and stakes or construction fencing. On -site construction monitoring shall also be conducted when an active nest buffer is in place. No Project activities may encroach into established buffers without the consent of a monitoring biologist. The buffer shall remain in place until it is determined the nestlings have fledged and the nest is no longer considered active.

B-12
Pre -construction Burrowing Owl Surveys and Avoidance. One Project Applicant's
No More than 14 Days Prior
City of Yucaipa Planning
pre -construction burrowing owl survey shall be completed no more Qualified Biologist
to Site Preparation or
Division
than 14 days before initiation of site preparation or grading activities Grading Activities
and a second survey shall be completed within 24 hours of the start of site preparation or grading activities. If ground -disturbing activities are delayed or suspended for more than 30 days after the pre - construction surveys, the Project site shall be resurveyed. Surveys for burrowing owl shall be conducted in accordance with protocols established in the Staff Report on Burrowing Owl Mitigation, prepared by the California Department of Fish and Game (now California Department of Fish and Wildlife [CDFW]) in 2012 or current version.
• If burrowing owls are detected, a burrowing owl relocation plan shall be prepared and implemented in consultation with the City of Yucaipa. The relocation plan shall discuss the avoidance of disturbance to burrows during the nesting season for burrowing owls (February 1 through August 31), as well as the appropriate buffers to be established around occupied burrows as
determined by a qualified biologist. No Project activities shall be allowed to encroach into established buffers without the consent of a monitoring biologist. The buffer shall remain in place until it is determined that occupied burrows have been vacated or the nesting season has completed.

Y
'uTff12?2026 City Council Agenda 379 affe 65

FREEWAY CORRIDOR SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM

CITY OF YUCAIPA

2. Mitigation Monitoring Requirements
Table 6 Mitigation Monitoring Requirements — Pacific Oaks Commerce Center Mitigation Measure
Responsibility for
Implementation
Timing
Responsibility for
Monitoring
Monitor
(Signature Required)
Date of Compliance
• Outside of the nesting season, passive owl relocation techniques approved by CDFW shall be implemented. Owls shall be
excluded from burrows in the immediate project area, and within a buffer zone if there is a threat to the surface or subterranean burrow structure, by installing one-way doors in burrow entrances. These doors will be placed at least 48 hours prior to ground -disturbing activities. The Project area shall be monitored daily for one week to confirm owl departure from burrows prior to any ground -disturbing activities. Compensatory mitigation for permanent loss of owl habitat will be provided following the guidance in the CDFW 2012 Staff Report on Burrowing Owl Mitigation or current version.
• Where possible, burrows will be excavated using hand tools and refilled to prevent reoccupation. Sections of flexible plastic pipe shall be inserted into the tunnels during excavation to maintain an escape route for any wildlife inside the burrow.

B-13
Pre -construction Clearance Surveys. Pre -construction clearance Project Applicant's
Within 14 Days of Initiation
City of Yucaipa Planning
surveys for special -status wildlife shall be conducted by a qualified Qualified Biologist
of Ground Disturbance or
Division
Project biologist within 14 days of the initiation of ground Vegetation Clearing
disturbance or vegetation clearing within and adjacent to construction areas. Surveys shall be appropriate for detecting potentially occurring species, such as Dulzura pocket mouse, northwestern San Diego pocket mouse, Stephens' kangaroo rat, San Diego desert woodrat, Los Angeles pocket mouse, Southern California legless lizard, California glossy snake, coastal tiger whiptail, red diamondback rattlesnake, Blainville's horned lizard, and coast patch -nosed snake. Surveys need not be conducted in all areas simultaneously as long as they are conducted within 14 days of the initiation of ground disturbance or vegetation clearing in each area individually. If special -status species are detected, appropriate buffers shall be established, necessary and appropriate for the species, unless it is not feasible to avoid the species. If possible, non -listed special -status wildlife species may be captured and relocated to suitable habitat nearby where they are safe from

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380

FREEWAY CORRIDOR SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM

CITY OF YUCAIPA

2. Mitigation Monitoring Requirements
Table 6 Mitigation Monitoring Requirements — Pacific Oaks Commerce Center Mitigation Measure
Responsibility for
Implementation
Timing
Responsibility for
Monitoring
Monitor
(Signature Required)
Date of Compliance)
construction activities. Surveys and relocation of these species may only be conducted by the qualified Project biologist.
• If non -listed special -status reptiles or small mammals are detected, they will be moved out of harm's way.
• The project biologist shall remain available at all times after initiation of ground disturbance or vegetation clearing in case special -status wildlife species enter the construction area. If nonlisted special -status species are detected in the construction area after initiation of ground disturbance or vegetation clearing, the qualified Project biologist shall take measures to move the species, or encourage it to move, to a safe place away from construction activities.

B-14
Pre -construction Bat Survey and Avoidance. The Project Project Applicant's
At a Minimum, 1 Month
City of Yucaipa Planning
contains potentially suitable roosting and/or foraging habitat to Qualified Biologist
Prior to State of
Division
support western mastiff bat. Potential impacts to bats by the Project Construction
may occur through direct removal of occupied roosts or indirectly through the removal of suitable foraging habitat. To determine if bats are currently roosting or foraging on the Project site, and to determine the level of impact that may occur by the Project, the following measures shall apply.
• Pre -construction Survey. A pre -construction clearance survey for bats will be conducted at a minimum of one month prior to the start of construction to determine if any bats are currently roosting within buildings on the Project site. The pre -construction survey will consist of a daytime roost assessment by a qualified bat biologist to determine if any bats or signs of active roosting are present. An emergence survey at dusk will be conducted after the roost assessment is completed to observe if any bats are emerging from suitable roost locations on the Project site.

Additionally, active and passive acoustic monitoring will be concurrent with the emergence survey to determine if any bats are echolocating within the Project site, identify the echolocating species, and determine the level of bat activity on site. Passive acoustic detectors will be deployed for a minimum of three nights. Once retrieved, bat echolocation calls will be analyzed off Augustz025 Pale 67
1101 / 12/2026 City Council Agenda 381

FREEWAY CORRIDOR SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM

CITY OF YUCAIPA

2. Mitigation Monitoring Requirements
Table 6 Mitigation Monitoring Requirements — Pacific Oaks Commerce Center Mitigation Measure
Responsibility for
Implementation
Timing
Responsibility for
Monitoring
Monitor
(Signature Required)
Date of Compliance
site using Sonobat software and manual vetting to identify calls to the species level. If no bats are observed during the pre - construction survey, the Project may commence without
potential impacts to bats. However, if bats are observed roosting in the Project site, additional measures will be required as follows.
— Maternity Roosting Season Avoidance. All Project -related activities, including bat roost exclusion, shall occur outside the general bat maternity roosting season of March through August. Roost exclusion must only occur during the time when bats are most active (early spring or fall) to increase the potential to exclude all bats from buildings and minimize the potential for a significant impact to occur by avoiding the maternity roosting season.
— Replacement Roost Installation. One month prior to the exclusion of bats from the buildings, the applicant will procure and install one or two bat boxes from a reputable vendor, such as Bat Conservation and Management, to allow bats
sufficient time to acclimate to a new potential roost location.

The bat boxes shall be installed within close proximity to the buildings and in an area that is within close proximity to suitable foraging habitat. The bat boxes will be oriented to the south or southwest, and the area chosen for the bat boxes must receive sufficient sunlight (at least six hours) to allow the bat boxes to reach an optimum internal temperature
(approximately 907) to mimic the existing bat roost. The bat boxes will be suitable to house crevice -roosting bat species, including Mexican free -tailed bat, and large enough to contain a minimum of 50 bats (e.g., Four Chamber Premium Bat House). The bat boxes shall be installed on a 20-foot pole in an area that will be preserved by the Project.
— Roost Exclusion. Approximately one month after bat boxes have been installed, exclusion of the existing roost within the buildings will occur. The primary exit points for roosting bats will be identified, and all secondary ingress/egress locations

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01/12/2026 City Council Agenda 382

FREEWAY CORRIDOR SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM

CITY OF YUCAIPA

2. Mitigation Monitoring Requirements
Table 6 Mitigation Monitoring Requirements — Pacific Oaks Commerce Center Mitigation Measure
Responsibility for
Implementation
Timing
Responsibility for
Monitoring
Monitor
(Signature Required)
Date of Compliance)
on the buildings will be covered with a suitable material (e.g., tarp or wood planks) to prevent bats from leaving from other locations. The primary exit point will remain uncovered to allow exclusion devices to be installed. Exclusion devices will consist of plastic sheeting or a screen (with mesh one -sixth of an inch or smaller) installed at the top and allowing bats to leave but not return. The exclusion devices will be installed at night to increase the potential that bats have already left the roost and are less likely to return. Exclusion devices will be left in place for one week to ensure any remaining bats in the buildings are excluded. A passive acoustic monitoring
detector will also be deployed during the exclusion period to verify excluded species and monitor if bat activity has decreased during the exclusion period. Periodic monitoring during the exclusion period shall also be conducted to
observe if any bats are still emerging from the buildings, and an active monitoring survey shall be conducted on the final night of exclusion to ensure no bats are emerging from the buildings and determine exclusion has been successful. Any continued presence of roosting bats will require an
adjustment to the exclusion devices and schedule.

B-15
Pre -construction American Badger Survey and Avoidance.

Project Applicant's
During the Colder Months,
City of Yucaipa Planning
Impacts to American badger individuals and wintering and natal Qualified Biologist
No Earlier Than 14 Days
Division
dens shall be avoided and minimized during construction activities Prior to Construction
through the following measures.

Activities
• Pre -construction Surveys (Wintering). During the colder months (generally between November 1 and February 15, when daily temperatures do not exceed 457), pre -construction surveys shall be conducted by the Project biologist in suitable habitat no earlier than 14 days prior to construction activities to determine whether American badger winter dens are present within the construction zone or within 100 feet of the construction zone boundary.
• Avoidance Measures (Wintering). If an American badger winter den is occupied within the construction zone or within 100 ""� Page 69
��`Cf�/��25026 City Council Agenda 383

FREEWAY CORRIDOR SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM

CITY OF YUCAIPA

2. Mitigation Monitoring Requirements
Table 6 Mitiaation Monitorina Reauirements — Pacific Oaks Commerce Center Mitigation Measure
Responsibility for
Implementation
Timing
Responsibility for
Monitoring
Monitor
(Signature Required)
Date of Compliance
feet of the construction zone, the den location shall be clearly marked with fencing or flagging in a manner that does not isolate the badger from intact adjacent habitat or prevent the badger from accessing the den, to avoid inadvertent impacts on the den.

If it is not practicable to avoid the wintering den during construction activities, an attempt will be made to trap or flush the individual and relocate it to suitable open space habitat.

Additionally, badgers can be relocated by slowly excavating the burrow, either by hand or mechanized equipment under the direct supervision of the Project biologist, removing no more than four inches at a time. After necessary trapping, flushing, or burrow excavation is completed, construction may proceed and the vacated winter den may be collapsed. If trapping is required, trapping will be limited to November 16 through the last day of February in accordance with Section 461, Title 14 of the California Code of Regulations (14 CCR 461). A written report documenting the badger removal shall be provided to the California Department of Fish and Wildlife within 30 days of relocation.
• Pre -construction Surveys (Natal Dens). During the late winter and summer (generally from March 15 through July 31), when American badgers may use natal dens for birthing and pup rearing, pre -construction surveys shall be conducted by the Project biologist no earlier than 14 days prior to ground - disturbing construction activities to determine whether American badger natal dens are present within the Project construction zone or within 200 feet of the construction zone.
• Avoidance Measures (Natal Dens). If natal dens are detected during construction, construction activities shall be halted within 200 feet of the natal den. This buffer may be reduced based on the location of the den or type of construction activity, and at the direction of the project biologist. Construction activities shall not preclude the ability of the documented badgers to disperse to on -site open space or off -site habitat when the natal den is vacated (i.e., habitat suitable for dispersal must be maintained until dispersal occurs). Construction will be postponed or halted Page d/PlaceWork r
12/2026 City Council Agenda
384

FREEWAY CORRIDOR SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM

CITY OF YUCAIPA

2. Mitigation Monitoring Requirements
Table 6 Mitigation Monitorina Reauirements — Pacific Oaks Commerce Center Mitigation Measure
Responsibility for
Implementation
Timing
Responsibility for
Monitoring
Monitor
(Signature Required)
Date of Compliance)
in these areas until it is determined by the Project biologist that the young are no longer dependent on the natal den. To avoid inadvertent impacts during construction and to ensure that construction activities are at least 200 feet from active natal dens, any active natal dens within the survey area shall be clearly marked with fencing or flagging in a manner that will not inhibit normal behavioral activities (e.g., foraging and dispersing from the site) by the mother and pups.

B-16
Pre -construction Survey for Crotch Bumble Bee. A pre-
Project Applicant's
During Primary Flight
City of Yucaipa Planning
construction survey for Crotch bumble bee (Bombus crotchii) shall Qualified Biologist
Period for Workers and
Division
occur within the construction area during the primary flight period for Males (April 1 through
workers and males (April 1 through August 31) and prior to the start August 31) and Prior to
of construction activities. The survey shall ensure that no nests for Construction
Crotch bumble bee are within the construction area. Crotch bumble bee is a habitat generalist, ground -nesting bee. Surveys and other relevant recommendations will be in accordance with the most recent protocol available at the time of the surveys.

In the event an Incidental Take Permit is needed, mitigation for direct impacts to Crotch bumble bee will be fulfilled through compensatory mitigation at a minimum 1:1 nesting habitat replacement of equal or better functions and values to those impacted by the Project, or as otherwise determined through the Incidental Take Permit process. Mitigation will be accomplished either through off -site conservation or through a mitigation bank approved by the California Department of Fish and Wildlife. If mitigation is not purchased through a mitigation bank, and lands are conserved separately, a cost estimate will be prepared to estimate the initial start-up costs and ongoing annual costs of management activities for the management of the conservation easement area(s) in perpetuity. The funding source will be in the form of an endowment to help the qualified natural lands management entity that is ultimately selected to hold the conservation easement(s). The endowment amount will be established following the completion of a Project -specific Property Analysis Record to calculate the costs of in -perpetuity land management. The Property Analysis Record will take into account all management activities required in the Au 2 Pale 79
,%yi I9�026 City Council Agenda

FREEWAY CORRIDOR SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM

CITY OF YUCAIPA

2. Mitigation Monitoring Requirements
Table 6 Mitigation Monitoring Requirements — Pacific Oaks Commerce Center Mitigation Measure
Responsibility for
Implementation
Timing
Responsibility for
Monitoring
Monitor
(Signature Required)
Date of Compliance
Incidental Take Permit to fulfill the requirements of the conservation easement(s), which are currently in review and development.

B-22
Tree Removal Permit. Prior to the issuance of grading permits, it Project Applicant
Prior to Issuance of
City of Yucaipa Planning
will be the responsibility of the Project applicant to obtain the Grading Permit
Division
necessary permits for removal of trees, including oak trees, as well as the removal of plants within 200 feet of a streambank. The Project applicant will provide the appropriate plot plan or other documentation required by the City of Yucaipa.

CULTURAL RESOURCES
CR-2
Prior to the issuance of any permits allowing ground -disturbing Project Applicant's
Prior to Issuance of Any
City of Yucaipa Planning
activities, the project proponent/operator shall retain a Qualified Qualified Archaeologist
Permits Allowing Ground-
Division
Archaeologist, defined as an archaeologist meeting the Secretary of Disturbing Activities
the Interior's Standards for professional archaeology (U.S.

Department of the Interior, 2011), to carry out all mitigation measures related to archaeological resources. The contact information for this Qualified Archaeologist shall be provided to the City of Yucaipa's Planning Department prior to the commencement of any construction activities on -site. Further, the Qualified Archaeologist shall be responsible for ensuring employee training provisions are implemented during implementation of the Project:
• Prior to any ground disturbance, the Qualified Archaeologist, or their qualified designee, shall provide worker environmental awareness protection training to construction personnel for the protection of cultural (prehistoric and historic) resources. As part of this training, construction personnel shall be briefed on proper procedures to follow should unanticipated cultural resources be made during construction. New construction personnel shall also receive the worker environmental awareness protection training. • In the event that unanticipated cultural resources are encountered during any phase of project construction, all construction work within 50 feet of the find shall cease and the Qualified Archaeologist, in coordination with the City's Planning Department, shall assess the find for importance. Construction activities may continue in other areas. If the discovery is Pa-O'WI1212026 City Council Agenda
Placelllorks
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FREEWAY CORRIDOR SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM

CITY OF YUCAIPA

2. Mitigation Monitoring Requirements
Table 6 Mitiaation Monitorinu Requirements — Pacific Oaks Commerce Center Mitigation Measure
Responsibility for
Implementation
Timing
Responsibility for
Monitoring
Monitor
(Signature Required)
Date of Compliance)
determined to not be significant by the Qualified Archaeologist, work will be permitted to continue in the area.
• If a find is determined to be important by the Qualified Archaeologist, they shall immediately notify the City's Planning Department. The City's Planning Department shall determine whether the resource is eligible for inclusion in the California Register of Historical Resources (CRHR). If the City determines the resource is eligible for inclusion on the CRHR, project redesign and preservation in place shall be the preferred means to avoid impacts to significant historical resources.
• Consistent with CEQA Guidelines Section 15126.4(b)(3)(C), if it is demonstrated that known resources (P36-000915, P36-
0012602, P36-0012604, and P36-0012605) and unanticipated finds cannot be avoided, the Lead Archaeologist, shall develop additional treatment measures in consultation with the City, which may include placement within conservation easements, preservation -in -place (e.g. capping sites with sterile, chemically neutral soil, geofabric, and some form of shallow -rooted landscaping), Phase II testing, Phase III data recovery or other appropriate measures. The City shall consult with appropriate Native American representatives in determining appropriate treatment for unearthed cultural resources if the resources are prehistoric or Native American in nature. Diagnostic
archaeological materials with research potential recovered during any investigation shall be curated at an accredited curation facility. The Lead Archaeologist shall prepare a report documenting evaluation and/or additional treatment of the resource. A copy of the report shall be provided to the City and to the South Central Coastal Information Center at California State University, Fullerton.
• If the cultural resource is identified as being potentially eligible for listing on either the NRHP or CRHR, and project designs cannot be altered to avoid impacting the site, a Phase III Data Recovery Program to mitigate project effects shall be initiated. A Data Recovery Treatment Plan detailing the objectives of the A"(9 AY026 City Council Agenda Pale 73
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FREEWAY CORRIDOR SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM

CITY OF YUCAIPA

2. Mitigation Monitoring Requirements
Table 6 Mitigation Monitoring Requirements — Pacific Oaks Commerce Center Mitigation Measure
Responsibility for
Implementation
Timing
Responsibility for
Monitoring
Monitor
(Signature Required)
Date of Compliance
Phase III Program shall be developed and contain specific testable hypotheses pertinent to the Research Design and relative to the site(s) under study. The Phase III Data Recovery Treatment Plan shall be submitted to the City's Planning Department, the appropriate Native American Band or Tribe, if applicable for review and comment prior to implementation of the Data Recovery Program. After Approval of the Treatment Plan, the Phase III Data Recovery Program for affected, eligible site(s) shall be completed. Typically, a Phase III Data Recovery Program involves the excavation of a statistically representative sample of the site(s) to preserve those resource values that qualify the site(s) as being eligible for listing on the NRHP/CRHR. The Phase III Data Recovery Report shall be
submitted to the City's Planning Department, the appropriate Native American Band or Tribe, if applicable, and the SHPO for review and comment prior to the issuance of a grading permit.

CR-3
Prior to the issuance of a grading permit and before any brush Project Applicant's
Prior to Issuance of a
City of Yucaipa Planning
clearance, grading, excavation and/or ground disturbing activities on Qualified Archaeologist
Grading Permit and Before
Division
the site take place, the project proponent shall retain a Secretary of Any Brush Clearance,
Interior Standards qualified archaeological monitor to monitor all Grading, Excavation, and/or
ground -disturbing activities in native soils in an effort to identify any Ground -Disturbing Activities
unknown archaeological resources.

The project archaeologist, in consultation with interested tribes, the developer and the City of Yucaipa, shall develop an Archaeological Monitoring Plan (AMP) to address the details, timing and responsibility of all archaeological and cultural activities that will occur on the project site. Details in the AMP shall include:
• Project -related ground disturbance (including, but not limited to, brush clearing, grading, trenching, etc.) and development scheduling;
• The development of a rotating or simultaneous schedule in coordination with the developer and the project archeologist for designated Native American Tribal Monitors from the consulting tribes during grading, excavation and ground disturbing activities

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FREEWAY CORRIDOR SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM

CITY OF YUCAIPA

2. Mitigation Monitoring Requirements
Table 6 Mitiaation Monitorina Reauirements — Pacific Oaks Commerce Center Monitor
Responsibility for
Responsibility for
(Signature Required)
Mitigation Measure
Implementation
Timing
Monitoring
Date of Compliance)
on the site: including the scheduling, safety requirements, duties, scope of work, and Native American Tribal Monitors' authority to stop and redirect grading activities in coordination with all project archaeologists. Tribes shall coordinate as to Tribal Monitoring concurrent with development;
• The protocols and stipulations that the developer, City, Tribes and project archaeologist will follow in the event of inadvertent cultural resources discoveries, including any newly discovered cultural resource deposits that shall be subject to a cultural resources evaluation.
• Pursuant to the AMP, a tribal monitor from the consulting tribe (e.g., Morongo Band of Mission Indians, San Manuel Band of Mission Indians, and/or Soboba Band of Luiseno Indians) shall be present during the initial grading activities. If tribal resources are found during grubbing activities, the tribal monitoring shall be present during site grading activities.
• During construction activities, the project proponent shall ensure that Native American monitors have access to the project site to monitor grading and excavation activities. If cultural resources are discovered during ground -disturbing activities, the Native American monitor shall have authority to halt all grading activities within a predetermined radius of the find until its significance can be evaluated.

GEOLOGY AND
SOILS
GS-3
All excavation activities in any and all areas identified as likely to Project Applicant's
During Ground -Disturbing
City of Yucaipa Planning
contain paleontological resources will be monitored by a qualified Qualified Paleontologist
Activities
Division
paleontological monitor. Paleontological monitors must be equipped to salvage fossils as they are unearthed and to remove samples of sediments that are likely to contain the remains of small fossil invertebrates and vertebrates. Monitors shall be empowered to temporarily halt all construction activity to allow removal of abundant or large specimens.

Page 75 ends

A�,gtY49426 City Council Agenda 389

FREEWAY CORRIDOR SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM

CITY OF YUCAIPA

2. Mitigation Monitoring Requirements
Table 6 Mitigation Monitorinq Requirements — Pacific Oaks Commerce Center Monitor
Responsibility for
Responsibility for
(Signature Required)
Mitigation Measure
Implementation
Timing
Monitoring
Date of Compliance)
GS-4
All recovered paleontological specimens will be prepared to a point Project Applicant's
If Paleontological
City of Yucaipa Planning
of identification and permanent preservation, including washing of Qualified Paleontologist
Resources are Discovered
Division
sediments to recover small specimens shall be conducted.

Identification and full curation of all specimens into an established, accredited museum repository with permanent retrievable paleontological storage is required.

GREENHOUSE

GAS EMISSIONS
GHG-1
The City of Yucaipa shall require applicants of development projects Project Architect and
Prior to Issuance of
City of Yucaipa Planning
to install electric vehicle (EV) spaces in compliance with the Tier 2 Construction Contractor
Certificate of Occupancy
Division
standards under Section A5.106.5.3.2 of the Non -Residential Voluntary Measures or Section A4.106.8.2.1 of the Residential Voluntary Measures, whichever is applicable, in the 2022 California Green Building Standards Code (CALGreen). All site plans submitted to the City of Yucaipa Building and Safety Division shall illustrate compliance to either Section A5.106.5.3.2 or A4.106.8.2.1, whichever is applicable. In addition, the City of Yucaipa shall require applicants of development projects to include car/vanpool program with preferred parking and provide reserved preferential parking spaces for car -share, carpool, and ultra -low or zero emission vehicles.

Prior to issuance of the certificate of occupancy, the project applicant shall provide documentation to the City of Yucaipa Planning Division that verifies compliance with this measure.

GHG-2
The City of Yucaipa shall require applicants to design and construct Project Applicant and
Prior to Issuance of
City of Yucaipa Planning
all buildings to be all electric with electricity to be the only Construction Contractor
Building Permits (electric
Division
permanent source of energy for water -heating, mechanical and buildings) and prior to the
heating, ventilation, and air conditioning (HVAC) (i.e., space -heating Certificate of Occupancy
and space cooling), cooking, and clothes -drying. All major (Energy Star appliances)
appliances (e.g., dishwashers, refrigerators, clothes washers and dryers, and water heaters) provided/installed are electric powered Energy Star certified or of equivalent energy efficiency where applicable. Prior to issuance of building permits, applicants shall provide plans that show the aforementioned requirements to the City of Yucaipa Planning Division. Prior to issuance of the certificate of occupancy, the City of Yucaipa Building & Safety Division shall Paged f11212026 City Council Agenda
Placelrlorks
390

FREEWAY CORRIDOR SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM

CITY OF YUCAIPA

2. Mitigation Monitoring Requirements
Table 6 Mitigation Monitoring Requirements — Pacific Oaks Commerce Center Monitor
Responsibility for
Responsibility for
(Signature Required)
Mitigation Measure
Implementation
Timing
Monitoring
Date of Compliance)
verify installation of the electric -powered Energy Star or equivalent appliances.

See Mitigation Measures AQ-2 and AQ-4, under Air Quality.

HYDROLOGY AND WATER QUALITY
HWQ-1
Grading shall be phased so that prompt revegetation or construction will control erosion. Where possible, only those areas which will be built on, resurfaced, or landscaped shall be disturbed.

Construction Contractor
During Construction
Activities
City of Yucaipa Planning
Division
HWQ-2
Spill containment systems shall consist of a system of dikes, walls, Project Applicant and
Prior to Issuance of
City of Yucaipa Planning
barriers, berms and/or other devices designed to contain the Construction Contractor
Occupancy Permits
Division
spillage of the liquid contents of the containers stored in them and to minimize the buildup of stormwater from precipitation, and run-on from roof drainage and outside areas. If the spill containment system does not have a roof which covers the entire contained area, the spill containment system shall have the capacity to contain precipitation from at least a twenty-four (24), twenty-five (25) year rainfall event plus ten percent of the total volume of the material stored there or the volume of the largest container, whichever is greater. Spill containment systems shall also be constructed of impermeable and non -reactive materials to the liquids and/or wastes being contained.

HWQ-3
Spilled and/or leaked materials and/or wastes and any accumulated Project Applicant/Tenants
During Operation
City of Yucaipa Planning
precipitation shall be removed from the spill containment system in Division and Building
as timely a manner as is necessary to prevent the overflow of the Owner/Operator
spill containment system. Unless otherwise approved in writing by the City Engineer, all chemicals or wastes discharged within the spill containment system shall be disposed of in accordance with all applicable federal, state, and local rules, regulations, and laws, and shall not be discharged into the public sanitary sewer system, stormwater drainage system or onto the ground.

TRIBAL CULTURAL RESOURCES
See Mitigation Measures CR-2 and CR-3, under Cultural Resources.

A'�WfAY026 City Council Agenda Page 77
391`

FREEWAY CORRIDOR SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM

CITY OF YUCAIPA

2. Mitigation Monitoring Requirements
This page intenfionalyleft blank.

Page 78 ends

01/12/2026 City Council Agenda 392

3. Report Preparation

3.1 LIST OF PREPARERS
City of Yucaipa
Benjamin Matlock, Deputy Director of Community Development PlaceWorks
Nicole Vermilion, Principal
Jasmine Osman, Associate II
August 2025 Page 79
01/12/2026 City Council Agenda 393

FREEWAY CORRIDOR SPECIFIC PLAN MITIGATION MONITORING AND REPORTING PROGRAM

CITY OF YUCAIPA

3. Report Preparation
This page intentionally left blank.

Page 80 ends

01/12/2026 City Council Agenda 394

State of California )
County of San Bernardino ) ss
City of Yucaipa )
I, Ana V. Sauseda, MMC, City Clerk of the City of Yucaipa, California, do hereby certify, that Resolution No. 2025-54 was adopted by the City Council of the City of Yucaipa, California, at the regular meeting of August 25, 2025, by the following vote:

AYES: Councilmember Beaver, Councilmember Miller, Councilmember Woolsey, and Mayor Thorp
NOES: Mayor Pro Tem Venable
ABSTAIN: None
ABSENT: None
O1/12/2026 City Council Agenda 395

ATTACHMENT 2
01/12/2026 City Council Agenda 396

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
01/12/2026 City Council Agenda 397

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.
01/12/2026 City Council Agenda 398

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 YES 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 NO "Institutional" and not approving or overturning any specific development project, be approved?
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.
01/12/2026 City Council Agenda 399

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.
01/12/2026 City Council Agenda 400

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.

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.

Section 7. 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.

Section 8. 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 O1/12/2026 City Council Agenda 401

Supervisors of San Bernardino County and to the Registrar of Voters of San Bernardino County.

Section 9. 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.

Chris Venable, Mayor
ATTEST:

Ana V. Sauseda, MMC
Director of General Services/City Clerk
01/12/2026 City Council Agenda 402

Exhibit A
01/12/2026 City Council Agenda 403

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 Minor, 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. a
s1eda, MMC
General Services/City Clerk

APPROVED AS TO FORM
- r4w,-,
(Steen Graham Pacifico
Attorney
01/12/2026 City Council Agenda

State of California )
County of San Bernardino ) ss
City of Yucaipa )

CERTIFICATION
I, Ana V. Sauseda, City Clerk of the City of Yucaipa, California, do hereby certify that the foregoing is a full, true, and correct copy of Ordinance No. 448, adopted at its regular meeting held on the 8"' day of September 2025, by the following vote:

AYES: COUNCILMEMBER:

NOES: COUNCILMEMBER:

ABSTAIN: COUNCILMEMBER:

ABSENT: COUNCILMEMBER
Thorp, Venable, Beaver, Miller, and
Woolsey
None
None
None
Ana V. Sauseda, MMC
City Cle`i-9
01/12/2026 City Council Agenda
405

CITY OF

AGENDA REPORT
DATE: January 12, 2026
Item No. to
TO: Honorable Mayor and City Council
FROM: Fermin Preciado, Director of Dev ment Services/City Engineer Phillip White, Director of Financ
Todd, Gutjahr, Public Works Analyst
SUBJECT: Award of Contract — Comprehensive Vehicle Fleet Lease RECOMMENDATION:

That the City Council:

1. Award and authorize the City Manager to execute a comprehensive vehicle fleet lease program with The Bancorp consisting of 23 individual contracts for each leased vehicle; and

2. Authorize the City Manager or his designee to administer the terms of the contracts included in the lease program; and

3. Authorize FY26 Budget adjustment in the Public Safety Fund of $18,170; and

4. Find that the public interest will not be best served by a formal proposal process, waive the formal solicitation of proposals/qualifications and award the contract for a comprehensive vehicle fleet lease based on the proposal submitted by The Bancorp using the General Services Administration Federal Supply Service, Contract Number GS-30E-014CA, per the City of Yucaipa Purchasing Policy and Procedures, Section 6: Cooperative or Piggy Back Procurement.

BACKGROUND/DISCUSSION:

At the August 11, 2025, City Council Meeting, staff was directed to return to Council with information related to a comprehensive lease strategy for the City's vehicle fleet. The City's vehicle fleet includes various vehicles used by staff for conducting daily business and operations to provide the following services to the public:
• Public Works Maintenance (Streets, Parks & Public Facilities) • Park Ranger
• Code Enforcement
• Community Services
• Fire Prevention
• Administrative Services
Generally, specialized vehicles or vehicles with significant aftermarket additions are less likely to be lease candidates. Accordingly, the comprehensive vehicle fleet lease program (Program) being 01/12/2026 City Council Agenda 406

presented does not include heavy-duty vehicles or equipment such as tractors, bucket trucks, fire apparatuses or other specialty vehicles or equipment. The Program strategy option presented includes twenty-three (23) vehicles determined to be suitable vehicle lease candidates and are vehicles required by staff to provide the services to the public referenced above.

It is important to note; the City's Police Department vehicles have historically been provided by the San Bernardino County Sheriff's Department (SBCSD). The FY25/26 Schedule A Law Enforcement Services Contract between the City and SBCSD includes twenty-eight (28) vehicles that include marked/unmarked units, command staff vehicles, police trucks and citizen patrol vehicles. The Program described in this report excludes these vehicles.

At the August 25, 2025, City Council Meeting, Council approved the purchase of a second Fire Department Battalion Chief vehicle. The purchase was approved by the City Council after a comparison of the lease option to the purchase option for this specific vehicle showed no appreciable cost savings.

Based on discussions with the vendor and the inclusion of significant aftermarket additions, neither of the two (2) Battalion Chief vehicles are suitable lease candidates. in the Program and are excluded, therefore.

At the November 10, 2025, City Council Meeting, staff presented an in-depth Program strategy option to City Council for discussion and demonstrated the potential cost savings and other benefits associated with a comprehensive vehicle fleet lease strategy compared to the outright purchase of vehicles. After Council discussion, there was general consensus to bring the item back with actual costs, cost savings information and additional information pertaining to the inclusion of Fire Department vehicles, in the future.

While the two (2) existing Battalion Chief vehicles were not suitable lease candidates currently, the Program allows for additions/deletions on an on -going basis. Accordingly, engines, ladder trucks, paramedic squad vehicles, and other apparatus will be evaluated as Program candidates, as acquisitions are deemed necessary. This flexibility is a valuable factor in this type of program.

The following table includes the 23 vehicles determined to be current suitable Program candidates and are included in the Program.

No.

Year
Type
Mileage
(Approx.)
Use
1 2006
Ford Ranger - Truck
120,421
Fire Prevention
2 2014
Ford Explorer - SUV
184,295
Park Ranger
3 2014
Toyota Tacoma - Truck
35,618
Community Services
4 2014
Ford F-250 - Truck
123,895
Public Works Maintenance Streets
5 2014
Chevrolet Colorado - Truck
87,235
Public Works Maintenance Streets
6 2014
Ford Escape - SUV
90,106
Public Works Maintenance Parks
7 2015
Ford F-150 -Truck
86,137
Public Works Maintenance Parks
8 2016
Ford F-150 -Truck
109,220
Public Works Maintenance Streets
9 2017
Chevrolet Colorado - Truck
67,825
Code Enforcement
10 2017
Chevrolet Colorado - Truck
61,201
Public Works Maintenance Parks
11 2017
Chevrolet Silverado 1500 - Truck
67,257
Public Works Maintenance Parks
01/12/2026 City Council Agenda 407

12 2018
Ford Explorer - SUV
72,499
Code Enforcement
13 2018
Chevrolet Colorado - Truck
122,422
Park Ranger
14 2018
Chevrolet Colorado - Truck
74,923
Public Works Maintenance Parks
15 2020
Chevrolet Colorado - Truck
43,497
Code Enforcement
16 2022
Chevrolet Colorado - Truck
13,261
Code Enforcement
17 2022
Chevrolet Silverado 1500 - Truck 4x4
20,561
Public Works Maintenance Parks
18 2023
Chevrolet Traverse - SUV
6,354
Administrative Services
19 2023
Chevrolet 250OHD - Truck
25,794
Public Works Maintenance Streets
20 2023
Chevrolet 250OHD - Truck
13,005
Public Works Maintenance Parks
21 2025
350OHD Crew Cab 4x4 Dump
1,717
350OHD Crew Cab 4x4 Dump
22 -
Chevrolet Colorado — Truck*
-
Fire Prevention Fire Inspector)
23 -
Chevrolet Colorado — Truck* *
-
Engineering Inspection
*New vehicle required by Fire Department to perform new State law required fire inspections. **New vehicle required by Engineering/Public Works to replace vehicle decommissioned in 2020.

Staff contacted a vehicle fleet leasing vendor having current lease contracts with other government agencies to obtain estimates and information regarding a potential vehicle fleet lease strategy. The Bancorp is a financial and vehicle fleet leasing company that provides comprehensive vehicle fleet leases to government agencies. They also have a pre -negotiated General Services Administration Federal Supply Service Contract (GSA) that allows other government agencies to piggy -back on their contract without having to go through the formal request for proposals procurement process.

The Bancorp provided the City with a proposal for a comprehensive Program strategy based on the 23 vehicles included in the table above that staff deemed suitable lease candidates including a new vehicle required by the Yucaipa Fire Department to perform and complete fire inspections required by new State law and a new vehicle for Engineering/Public Works to replace a vehicle that was decommissioned in 2020.

The Program consists of 23 individual vehicle lease contracts. Vehicles will be added into the Program based on their replacement need. The current estimate of replacement needs is as follows:

Year 1
(# of vehicles)
Year 2
(# of vehicles)
Year 3
(# of vehicles)
Year 4
(# of vehicles)
Year 5
(# of vehicles)
Total
(# of vehicles)
10 7
1 2
3 23
The key points of the Program include:
• 5-year lease terms per vehicle
• Assumed residual value of $1
• 6% interest (subject to change)
• Actual value at time of replacement will offset subsequent lease term costs Annual costs will be dependent on the vehicles entering the program. Year 1 costs are estimated to be $94,545 and reflect current vehicle values, new vehicle costs, and financing fees. Incremental costs for years 2-5 are currently estimated to be as follows but will be contingent on market conditions in future 01/12/2026 City Council Agenda 408

years. As previously discussed with City Council, the anticipated cost to execute the Program will slightly exceed current practices, however, will deliver a better product to the community. Newer vehicles in better working condition and streamlined administration of the program all add value and efficiency to the service provided.

Year 2
Year 3
Year 4
Year 5
Year 1
incremental
incremental
incremental
incremental
$94,545
$54,214
$4,586
$14,283
$30,105
PROGRAM COSTS:

While total costs to be incurred in future years will be subject to market conditions, staff has provided the following cost comparisons:
• Should the City purchase all 23 vehicles with cash, the total purchase cost would be approximately $978,890.
• The net cost to replace the fleet (cost minus current value) is $762,465. • The cost of leasing the replaced fleet (23 vehicles for five (5) years) at 6% is $988,675.

FISCAL IMPACT:

The recommendations result in a FY26 impact of $94,545. The FY26 Budget impact is $18,170 in the Public Safety Fund. The Gas Tax Fund and General Fund have sufficient budget as vehicle replacement was included at adoption.

Attachments:

Lea
Approved by:
01/12/2026 City Council Agenda 409

ATTACHMENT 1
01/12/2026 City Council Agenda 410

Attachment 1 will be provided at the meeting.
01/12/2026 City Council Agenda 411

z
6nr�'

AGENDA REPORT
DATE: January 12, 2026
TO: Honorable Mayor and City Council
FROM: Megan Wolfe, Director of Community Services
SUBJECT. Appointment to the Healthy Yucaipa Committee
RECOMMENDATION:

Item No. 11
That the City Council review the attached Citizens Service Application for Leah Stiff and consider her appointment to the Healthy Yucaipa Committee.

BACKGROUND/DISCUSSION:

Staff conducted recruitment for the commission/committee member appointments set to expire on January 1, 2027. On January 21, 2025, the City Council approved the appointments of Robin Jensen (Councilmember Miller's appointment), Meredith Sherwin (Councilmember Venable's appointment), Heather O'Bier (Councilmember Thorp's appointment), Ross McGinnis (Councilmember Woolsey's appointment) and Hansen Wang (Councilmember Beaver's appointment) to the Healthy Yucaipa Committee (HYC). On January 1, 2025, the City Council approved the At -Large appointment of Matthew Underwood, and on June 9, 2025, the City Council approved the At -Large appointment of Beatriz Gardner, filling the two vacant positions.

On November 17, 2025, staff received a resignation from Committee member Ross McGinnis (Councilmember Woolsey's appointment). Currently, the Committee has one vacant Council appointed position and one vacant at -large position, as identified below.

Incumbents
Nominated By
Date Appointed
Term End Date
Jensen, Robin
Councilmember Miller
1/21/25
1/1/27
VACANT
Councilmember Woolsey
1/1/27
Sherwin, Meredith
Councilmember Venable
1/21/25
1/1/27
O'Bier, Heather
Councilmember Thorp
1/21/25
1/1/27
Wang, Hansen
Councilmember Beaver
1/21/25
1/l/27
VACANT Student Member
At -Large
1/1/27
Gardner, Beatriz
At -Large
6/9/25
1/l/27
Underwood, Matthew
At -Large
1/21/25
1/l/27
01/12/2026 City Council Agenda 412

In response, the City advertised a notice of vacancy in accordance with Government Section Code §54974 for the vacant position and received one Citizen Service Applications for the HYC from Leah Stiff; to date no other applications have been received.

FISCAL IMPACT:

The recommendation does not result in a fiscal impact.

Attachment(s)

1. Citize
Approved by:
01/12/2026 City Council Agenda 413

ATTACHMENT 1
01/12/2026 city council Agenda 414

r
�7
The Parks and Recreation Committee was established ❑ Yucaipa Resident pursuant to Section 2.12 of the Yucaipa Municipal Code.

Primary Responsibilities include: ❑ Student
• Recommending policies and procedures to the City (shall be a high school or college student, Council for the operation, use, and management of attending school in Yucaipa) all recreation activities, facilities, and parks
• Recommending policies to the City Council for the
acquisition, development, and improvement of City
parks and recreational facilities
• Acting in an advisory capacity to the City Council in all other policy matters pertaining to the Parks and
Recreation Commission
Narne- Leah Stiff
Full Address:

Cell Phone: DOB:

Email
School -
Current Grade Level: GPA:

Parent/Guardian's Name-
ParentlGuardian's Cell Phone:

Age:

O1/12/2026 City Council Agenda 415

Why are you interested in this position?
I was born and raised in Yucaipa and live here today! As someone whose life was transformed by the outdoors, exercise, and healthy food choices, I want to find a way to make this lifestyle more accessible to the community I love. Having joined a few of the Healthy Yucaipa meetings, I feel this is a great way to achieve this goal.

What do you consider to be three (3) major assets that would qualify you for the selection to this Commission/Committee?

1. Project Management - I love planning projects and am a very organized person. z- Passion -I love coming up with new ideas, participating in events, and interacting with people! Experience - Running, biking, hiking, walking, and grocery shopping in Yucaipa has made me aware of

3. what our community might need to make these things more accessible. i have also traveled ---- --- --..-L ---- A-- --

1. Marla Bonilla Portillo:
z. Nicholas Mall:

3. Phillip Johnson_
I hereby certify that all information contained in this application is true and complete, and I understand that the information I have provided may be verified by the City.

I understand that this application for appointment to a Commission or Committee is subject to background check and policies. If Under 19, a parent/guardian miust sign for you to participate. * Signature Date 12/0112025
* This application for appointment to a commission or committee Is subject to, and if appointed requires compliance with, the General Rules and Procedures for the Conduct of Commissions and Committees as most recently adopted by Resolution No. 2025-01 on January 13, 2025, By signing, you acknowledge that copies of these polities, requirements, and code have been provided as part of this application process.

Please Note: A separate application is required for each Commission or Committee. Applications will be kept on file for one year for - consideration for future vacancies. Appointed members are REQUIRED to complete mandatory Brown Act & Ethics training as required by AB1234 and some select members may be required to file a Statement of Economic Interest (Form 700) on an annual basis to disclose any conflicts of interest.
01/12/2026 City Council Agenda 416

CITY 01
Item No. 12

AGENDA REPORT
DATE: January 12, 2026
TO: Honorable Mayor and City Council
FROM: Steven Graham Pacifico, City Attorney
SUBJECT: Repeal of Section 1.08.070 of the Yucaipa Municipal Code Regarding Campaign Contribution Limits
RECOMMENDATION:

That the City Council:

1. Approve the Introduction and First Reading of Ordinance No. 477, an Ordinance of the City Council of the City of Yucaipa, California, repealing Section 1.08.070 (Campaign Contribution Limits) of Chapter 1.08 of Title 1 of the Yucaipa Municipal Code; and

2. Direct the City Clerk to place second reading and adoption of the ordinance on the next regular meeting's consent calendar for adoption.

BACKGROUND/DISCUSSION:

The State of California's Political Reform Act of 1974 regulates campaign financing for state and local public officials. Historically, many cities and counties, including Yucaipa, did not have specific local contribution limits in place. However, Assembly Bill 571 (AB 571), effective January 1, 2021, amended the Government Code to impose a default campaign contribution limit on candidates for elective city offices in jurisdictions that have not enacted a local ordinance establishing their own specific limits.

Pursuant to Government Code Section 85702.5, a local jurisdiction may adopt its own specific limit or explicitly choose to set no limit, which then supersedes the state default limits. In 2024, the City Council adopted Ordinance No. 440, adding Section 1.08.070 to the Yucaipa Municipal Code. This section explicitly stated that the City would impose no limit on campaign contributions, thereby opting out of the state default limits.

At the Regular City Council Meeting held on December 8, 2025, the City Council reconsidered the policy established in Ordinance No. 440. Following deliberation on various options, including maintaining the status quo or establishing a unique local dollar limit, the Council directed staff to return with an ordinance to repeal the local "no limit" provision. 01/12/2026 City Council Agenda 417

Upon the effective date of this repeal, the City will no longer have a local ordinance on the books governing campaign contributions. Consequently, campaign contribution limits for City Council candidates will:

Default to State Limits: Revert to the limits established by the State of California pursuant to Government Code Section 85301(d).

FPPC Enforcement: Be enforced by the Fair Political Practices Commission (FPPC).

As of 2025, the state default contribution limit was $5,900 per election, with adjustments occurring in January of every odd -numbered year to reflect changes in the Consumer Price Index.

The repeal of Section 1.08.070 of the Yucaipa Municipal Code in its entirety also includes the removal of Subsection (C), which currently governs "Campaign fund transfers." Subsection (C) currently allows candidates to transfer non -surplus funds between their own committees and carry over funds between elections. This provision, being eliminated, will revert to state law requirements, which include the need for a separate bank account for redesignated committees for the same or different city office.

FISCAL IMPACT:

The recommendations do not result in a fiscal impact.

Attachment(s)

1. Ordin�
Approved by:

O1/12/2026 City Council Agenda 418

ATTACHMENT 1
01/12/2026 City Council Agenda 419

ORDINANCE NO.477

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YUCAIPA, CALIFORNIA, REPEALING SECTION 1.08.070 (CAMPAIGN
CONTRIBUTION LIMITS) OF CHAPTER 1.08 OF TITLE 1 OF THE

YUCAIPA MUNICIPAL CODE
WHEREAS, the State of California's Political Reform Act of 1974 (Government Code Sections 81000 et seq.) regulates campaign financing and conflicts of interest for state and local public officials; and
WHEREAS, Assembly Bill 571("AB 571"), effective January 1, 2021, amended the Government Code to impose a default campaign contribution limit on candidates for elective city and county offices in jurisdictions that have not enacted a local ordinance establishing their own contribution limits; and
WHEREAS, pursuant to Government Code Section 85702.5, a local jurisdiction may adopt a specific limit on campaign contributions, or explicitly choose to set no limit, which supersedes the state default limits set forth in Government Code Section 85301(d); and WHEREAS, in 2024, the City Council of the City of Yucaipa adopted Ordinance No. 440, which, among other things, added Section 1.08.070 to the Yucaipa Municipal Code to explicitly impose no limit on campaign contributions that a City Council candidate may receive, thereby opting out of the state default limits; and
WHEREAS, the City Council has reconsidered the policy established in Ordinance No. 440 regarding campaign contribution limits; and
WHEREAS, the City Council desires to repeal Section 1.08.070 of the Yucaipa Municipal Code in its entirety; and
WHEREAS, it is the intent of the City Council that upon the effective date of this repeal, the campaign contribution limits for City Council candidates shall default to the limits established by the State of California pursuant to Government Code Section 85301(d) and enforced by the Fair Political Practices Commission (FPPC).

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YUCAIPA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. Municipal Code Amendment.

Section 1.08.070, titled "Campaign contribution limits," of Chapter 1.08 of Title 1 of the Yucaipa Municipal Code is hereby repealed in its entirety.
01/12/2026 City Council Agenda 420

Section 2. CEQA Exemption.

The City Council finds that this Ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.

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 decision of any 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 passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

Section 4. Effective Date.

This Ordinance shall take effect thirty (30) days after its adoption.

Section 5. Publication.

The City Clerk shall certify to the adoption of this Ordinance and cause it, or a summary of it, to be published in a newspaper of general circulation printed and published within the City of Yucaipa in accordance with State law.

PASSED, APPROVED and ADOPTED this
ATTEST:

Ana V. Sauseda, MMC
Director of General Services/City Clerk
day of , 2026.

Chris Venable, Mayor

APPROVED AS TO FORM
Steven Graham Pacifico, City Attorney
01/12/2026 City Council Agenda
421

CITY (�

AGENDA REPORT
DATE: January 12, 2026
TO: Honorable Mayor and City Council
FROM: Steven Graham Pacifico, City Attorney
Item No. 13
SUBJECT: SB 707: Brown Act Modernization and 2026 Compliance Roadmap RECOMMENDATION:

That the City Council receive and file the presentation regarding Senate Bill 707 ("SB 707"), discuss and provide direction to staff regarding the implementation of the City's 2026 Compliance Roadmap.

BACKGROUND/DISCUSSION:

The Ralph M. Brown Act, which governs the open meeting requirements for local legislative bodies, has undergone significant revision through the passage of Senate Bill 707 (SB 707). The intent of SB 707 is to modernize teleconferencing rules, expand public access, and ensure language access for communities with high populations of non-English speaking residents.

SB 707 applies heightened standards for "Eligible Legislative Bodies," in jurisdictions with a population greater than 30,000. With a current estimated population of approximately 55,000, the City of Yucaipa's City Council qualifies as an Eligible Legislative Body and is therefore subject to these new state mandates. The law follows a phased implementation schedule beginning in early 2026.

The 2026 Compliance Roadmap for Yucaipa is divided into two distinct phases:

Phase 1: Effective January 1, 2026 Several updates are already in effect as of the start of the year:

Mandatory Distribution: The City must now provide a full copy of the Brown Act to all elected and appointed officials upon onboarding and following legislative updates.

Permanent Social Media Rules: Rules allowing officials to engage with the public online while prohibiting private "serial meetings" with other council members are now permanent.

Compensation Transparency: An oral report in open session is now required before taking final action on compensation for all "department heads," expanding beyond the previous requirement for just the City Manager.
01/12/2026 City Council Agenda 422

Remote Participation Changes: Remote attendance for members due to disability is codified as a "reasonable accommodation". Additionally, "Just Cause" and "Emergency" tracks are merged into a unified framework with specific annual usage caps (5 uses per year for Yucaipa).

Phase 2: Effective July 1, 2026 The most significant operational changes for the City Council and subsidiary bodies begin in mid-2026:

Two -Way Public Access: One-way streaming is no longer sufficient; the City must provide live two-way telephonic or audiovisual access for all public meetings.

Technology Disruption Protocols: If remote access fails, the body must implement a mandatory recess of up to one hour to attempt restoration. Meetings may only continue without remote access if a formal roll -call finding is made that the public interest in proceeding outweighs the lack of access.

Language Access: Agendas must be translated into "applicable languages" spoken by at least 20% of residents when at least 20% of those residents speak English "less than very well". Current data indicates Yucaipa is nearing this threshold for Spanish translation.

FISCAL IMPACT:

Implementation of Phase 2 may require investments in the City's digital infrastructure. Potential costs include: (i) Upgrading hardware and software in the City Council Chambers to support mandatory two-way public access; (ii) Potential ongoing costs for professional translation services for agendas and public outreach materials; and (iii) IT staff time for platform testing and accessibility checks.

Attachment(s):

1. SB 707: Brown Act Modernization - City of Yucaipa 2026 Compliance Roadmap (Presentation Slides)
Approved by:

O1/12/2026 City Council Agenda 423

ATTACHMENT 1
01/12/2026 City Council Agenda 424

Q Intent of Senate Bill 707 ("SB 707")
Expand public access, modernize teleconferencing rules for elected officials, and ensure language access in communities with significant populations of non-English speaking residents. & Applicability
SB 707 applies to Yucaipa as an "Eligible Legislative Body" (Population > 30,000). Compliance begins with a phased rollout in 2026.

Phase 1: Jan 1, 2026
Phase 2: Jul 1, 2026
Training & Brown Act Distribution
Full Remote Two -Way Public Access
Updated Remote Participation Rules
Polices and Procedures for Technology Disruption
Social Media Rules Made Permanent
Language Access & Outreach
01/12/2026 City Council Agenda 425

3 4
The Brown Act has evolved from a rigid "traditional" model requiring remote members to open their private locations to the public into a modernized hybrid framework that prioritizes digital accessibility. This transition, shaped by pandemic -era emergency rules, culminates in the 2026 standards under SB 707. •
AB361 Temporary
Pandemic -era flexibility for
remote meetings without
physical locations.

Or Expired/Sunsetting
0I0 SB'70'7DEFINITION
"Eligible Legislative Body"
Population > 30,000
OEffective Date
0 Phase 1 - January 1, 2026
Phase 2 - July 1, 2026
Interim Tramitiona
Consolidated rules testing "Just
Cause" and "Emergency"
scenarios.

SB 707
Unifies framework through 2030
Harmonizes remote rules
Transparency first model
Wh CITY OF YUCAIPA
OCurrent Estimate
Population-55,000
© Scope
Applies to City Council as the
Eligible Legislative Body
01/12/2026 City Council Agenda 426

mKey Requirements
Compliance Actions
Mandatory Distribution
The City has previously provided a full copy of the Brown Act to all elected and appointed members but this is now mandatory.

Timing Requirements
Materials will be distributed immediately upon onboarding for new officials and promptly following any legislative updates for existing members.

Training Cadence
Additionally these updates will be incorporated into the annual ethics and Brown Act training schedule to ensure ongoing compliance certification. 01/12/2026 City Council Agenda 427

f y Digital Engagement Protocols
Official conduct guidelines for elected members
Sunset Removed
Social media interaction rules (AB 992) are now codified as permanent law; no longer a temporary pilot program.

Permitted Engagement
Officials MAY engage with the public's posts on city matters (e.g., answering questions on a resident's post).

Strict Prohibition
Officials CANNOT respond to, like, share, or repost other council members' content on the same topic to avoid "serial meetings.'' 0 Compensation Transparency
Procedural requirements for compensation updates
Open Session Report Requirement
An oral report must be made in open session before taking final action on compensation.

Expanded Scope
Requirement now applies to all "department heads" (previously only required for the City Manager).

Required Details
The verbal report will include the position title, a summary of compensation elements, and any contract changes.
01/12/2026 City Council Agenda 428

OAccommodations and Access
Requirements for remote participation
Reasonable Accommodation
Remote participation for Councilmembers is now fully
codified as a 'reasonable accommodation" under the Act.

Quorum Count
Members participating remotely due to disability accommodations count toward the body's quorum.

A/V Requirements
Requires both audio and video participation, unless the disability specifically prohibits video use.

Platform Accessibility
Ensure platforms support captions and other disability -related supports.

Unified Standards for Remote Participation
Combined "Just Cause" and "Emergency" Provisions
Unified Framework
SB 707 merges the prior "Just Cause" and "Emergency Circumstances" concepts into a single, permanent unified track for remote attendance.

Qualifying Reasons
Valid reasons now include family medical emergencies, childcare or caregiving needs, military service, and contagious illness.

Procedural Requirements
Members provide notice and public disclosure at the start of the meeting in accordance with local procedure.
10 01/12/2026 City Council Agenda 429

Remote Usage Limits
/ Compliance and Reporting
Applicable p.

Meeting Frequency Max Remote Uses / Year
Twice Monthly 5 per member
• • , Central Tracking
•
Caps apply per legislative body and will be tracked by the City Clerk Annual Transparency
The City is required to publish a member -by -member utilization report annually to ensure accountability.
11 ®Public Transparency
Procedural requirements for remote participation
Adult Presence Disclosure
Remote members must explicitly disclose if any individuals over the age of 18 are present in the room with them, and state their relationship.

Timing of Announcement
Disclosure must be made during roll call and updated immediately if circumstances change during the meeting.

Clerk Recording
The City Clerk will record these specific disclosures in the official minutes of the meeting.
12 01/12/2026 City Council Agenda 430

Orderly Conduct
Protocols for maintaining meeting decorum
Authority to Remove
Clarifies statutory authority to remove disruptive remote participants to maintain the orderly conduct of the meeting.

The Warning Rule
The Chair must issue a specific warning before muting or disconnecting a disruptive user.

Neutral Application
Establish clear conduct rules (e.g., time limits, profanity) and apply them neutrally to all speakers.
13 14
O1/12/2026 City Council Agenda 431

®Interactive Participation
Heightened requirements for Eligible Legislative Bodies Two -Way Interactive Access
The City must provide live two-way telephonic or audiovisual access for all public meetings, ensuring remote attendees can hear and be heard.

One -Way Streaming Insufficient
Passive live streams (e.g., YouTube broadcast only) no longer meet the statutory threshold for public participation under the heightened standards.

Accessibility Standards
Dial -in numbers and meeting links must be clearly posted on the agenda and tested prior to start to ensure barrier -free access. 15 QRestoration Procedures
Recovery Policy Required
Mandatory Pause
If remote access service fails, the legislative body must recess for up to an hour to attempt to restore the connection before adjourning.

Public Notification
Staff must immediately post real-time status updates on the meeting webpage and announce the delay on all available social channels.

Physical Access
The physical meeting room must remain open and accessible to the public during the entire recess period.
16 O1/12/2026 City Council Agenda 432

17 Legal Necessity
Requirements for continuing without remote access
The "Public Interest" Finding
If remote service is not restored after 1 hour, the Council may make a formal finding that the "public interest in continuing the meeting outweighs the lack of remote access."
Roll Call Requirement
This finding must be adopted by a recorded roll call vote before any further business occurs.

Record Keeping
Record the finding verbatim in the minutes and post notice on the meeting recap page.

A© Language Access
Requirements for multilingual access
The 20% Threshold
Agendas must be translated into all "applicable languages' which are defined as any non-English languages spoken by at least 20% of residents when at least 20% of those residents also report speaking English "less than very well."
Yucaipa Context
Based on current demographic information from the American Community Survey, Spanish is spoken by 18.8% of Yucaipa residents and of those 28.2% speak English "less than very well." Yucaipa is very close to meeting the threshold for mandatory Spanish translation of agendas.

Web Accessibility
Translated agenda packets must be posted on the meeting webpage concurrently with the English version.
01/12/2026 City Council Agenda 433

®Digital Accessibility
Engagement Requirements
Dedicated Webpage
Maintain a specific "Public Meetings" webpage. The interface and agenda page itself must be translated into applicable languages.

Active Media Outreach
Conduct proactive outreach to local media outlets that specifically serve non-English speaking populations.

Content Standards
Prominently post dial -in and AV instructions. Ensure archived recordings include closed captions.
19 Qi Training & Document Distribution Jan - Mar 2026
Distribute updated Brown Act copies to all officials
Review training schedule and compliance
Qz Policy & Infrastructure Prep Apr - Jun 2026
City Council Consideration of Technology Disruption Policy Review Up -to -Date ACS/Census Data to Determine Translation Mandates Implement & Test Two-way Remote Public Access Systems
QPhase 2 Go -Live
Full 'Eligible Legislative Body" Compliance:

Mandatory two-way, public access active
1-hour recess protocol in effect
Continual Monitoring of ACS Data for Translation Mandate 20 O1/12/2026 City Council Agenda 434

Immediate next steps for implementation and compliance readiness:
fir♦' CityAttorney
Draft Technology Disruption Policy
Assist in Preparing Draft Findings
Contract Review for IT Vendors
Prepare Training for Council and Staff
21 &I City Clerk
Tracking Remote Participation Caps
Monitor ACS Data
Webpage Updates & Outreach.

IT
Platform Selection and Testing.

Accessibility Checks
Coordinate on Technology Disruption Policy
Assess Need for Council Chamber
Hardware Upgrades
01/12/2026 City Council Agenda 435

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