343 ORDINANCE NO 343
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, STATE OF CALIFORNIA, FINDING ZONING CODE
AMENDMENT 22-04 EXEMPT FROM CEQA PURSUANT TO SECTION
15061(B)(3) AND AMENDING TITLE 18 OF THE GRAND TERRACE
MUNICIPAL CODE BY AMENDING CHAPTER 18 06(DEFINITIONS),AND
ADDING CHAPTER 18 81 ESTABLISHING ART IN PUBLIC PLACES
REQUIREMENTS
WHEREAS, the City of Grand Terrace ("City") adopted a zoning code, which has
been amended from time to time, and
WHEREAS, pursuant to Sections 65800 and 65850 of the California Government
Code,the City may adopt ordinances to regulate the use of buildings in compliance with the
California Government Code, and
WHEREAS, the proposed Zone Code Amendment 22-04 to the Municipal Code is
consistent with the goals and policies of the City of Grand Terrace General Plan, and
WHEREAS, this Ordinances proposes to amend the Municipal Code, Title 18
(Zoning), Chapter 18 06 (Definitions)to include"Art in Public Places"related definitions and
add a Chapter 18 81 establishing Art in Public Places requirements, and
WHEREAS, the City Council has determined that public art is a critical element of
providing a diverse and culturally rich environment to residents and visitors to Grand
Terrace that promotes the general public welfare, and
WHEREAS, a well-conceived work of art can increase the value of a development
project, help to lease space more quickly, enhance the corporate image of the community,
promote cultural tourism, and provide a visible and lasting contribution to the community in
return for the ability to build, and
WHEREAS, in order to ensure that public art is present throughout the community it
is necessary to require that all new development in the City of Grand Terrace include an
element of public art, or where appropriate, contribute to a City fund for public art, in an
amount to be determined by the City Council, in lieu of providing said art, and
WHEREAS, the City Council takes legislative notice of court cases holding that
regulations imposing aesthetic requirements through zoning enactments are valid exercises
of the police power and do not constitute impermissible takings merely because they may
restrict uses or impose costs in conjunction with the development of property (see e g ,
Ehrlich v City of Culver City, 12 Cal 4th 854, 885-886 (1996), and
Ord No 343 Page 1 of 4 November 8, 2022
WHEREAS,the requirement that applicants for development projects provide either
public art or an in lieu equivalent is a legitimate and valid land use regulation that has been
compared by the California courts as akin to traditional land use regulations imposing
minimal setbacks, parking and lighting conditions, landscaping requirements and other
design conditions, and
WHEREAS,the City Council hereby finds that the public art contribution, as provided
by this Ordinance, is thus neither a "development fee" subject to the requirements of the
California Mitigation Fee Act, California Government Code 66000 et seq, nor a
development exaction subject to the heightened scrutiny of relevant rules set forth in Nollan
v California Coastal Commission, 483 U S 825 (1987) and Dolan v City of Tigard, 512
U S 374 (1994), but rather, that the public art contribution is a zoning requirement that
furthers aesthetic objectives under the authority of the City's general police power, and
WHEREAS, pursuant to Chapter 18 90 (Amendments)of the City of Grand Terrace
Municipal Code, the City Council shall hold a public hearing on any proposed amendment
to the Zoning Code, and
WHEREAS, Zoning Code Amendment 22-04 is exempt from California
Environmental Quality Act(CEQA)pursuant to Section 15061(b)(3)which states the activity
is covered by the general rule that CEQA applies only to projects [that] have the potential
for causing a significant effect on the environment Where it can be seen with certainty that
there is no possibility that the activity in question may have a significant effect on the
environment, the activity is not subject to CEQA Amending the Grand Terrace Code to
include a public art component would not result in any significant environmental impacts
due to the narrow scope of the project, and
WHEREAS, on June 16, 2022,the Grand Terrace Planning Commission conducted
duly noticed public hearings at a regular meeting of the Planning Commission on Zoning
Code Amendment 22-04 at the Grand Terrace City Hall Council Chambers located at
22795 Barton Road and concluded the hearing by adopting a Resolution recommending
that the City Council determine that this Ordinance is exempt from CEQA pursuant to
Section 15061(b)(3) and approve this Ordinance establishing Art in Public Places
requirement, and
WHEREAS, on October 25, 2022, the City Council conducted a duly noticed public
hearing on the ordinance at the Grand Terrace Council Chambers located at 22795 Barton
Road, Grand Terrace, California 92313 and conducted second reading on the 8th day of
November 2022, and
WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred
NOW THEREFORE, THE CITY COUNCIL OF THE CITY GRAND TERRACE DOES
ORDAIN AS FOLLOWS
SECTION 1 The City Council hereby specifically finds that all the facts set forth in
the above Recitals, are true and correct and, further, incorporated such facts herein
Ord No 343 Page 2 of 4 November 8, 2022
SECTION 2 Based upon the forgoing and all oral and written testimony by members
of the public and City staff (including, but not limited to, staff reports and attachments)
made at the public hearing, the City Council hereby finds that the Project is not subject to
environmental review pursuant to Section 15061(b)(3)of Title 14 of the California Code of
Regulations because the revisions are regulatory in nature and will not in themselves
create impacts to the environment
SECTION 3 Based upon the forgoing and all oral and written testimony by members
of the public and City staff (including, but not limited to, staff reports and attachments)
made at the public hearing, the City Council specifically finds as follows
1 Zoning Code Amendment 22-04 will not be detrimental to the health, safety,
morals, comfort, or general welfare of the persons residing or working within
the City because these amendments establish "Art in Public Places"
requirements that will support a diverse and culturally rich environment,
educates the public, and becomes an economic asset In addition, "Art in
Public Places" enhances the visual character of the community, improves the
quality of live, and promotes healthy living by drawing residents, visitors, and
workers to the outdoor space
2 Zoning Code Amendment 22-04 is consistent with the General Plan and the
Municipal Code because these amendments establish "Art in Public Places"
requirements that supports the goals and policies of the General Plan
programs and policies that will preserve and enhance the quality and character
of the city, encourage freeway oriented commercial uses, provide open space
identity enhancements, and serve the social and cultural needs of the
community
3 Zoning Code Amendment 22-04 will not be injurious to property or
improvements in the neighborhood or within the city The establishment of a
"Art in Public Places" requirements will revitalize the city's image and enhance
the visual character of the community as well as curb the negative impacts of
developments in general
SECTION 4 Based upon the forgoing and all oral and written testimony by members
of the public and City staff (including, but not limited to, staff reports and attachments)
made at the public hearing, the City Council finds this Ordinance, adopting Zone Code
Amendment 22-04, is exempt from CEQA pursuant to section 15061(b)(3)
SECTION 5 Based upon the forgoing and all oral and written testimony by
members of the public and City staff (including, but not limited to, staff reports and
attachments) made at the public hearing,the City Council hereby amends Title 18(Zoning)
of the Grand Terrace Municipal Code as provided in Exhibit A, attached hereto and
incorporated herein by reference
Ord No 343 Page 3 of 4 November 8, 2022
SECTION 6 Inconsistencies Any provision of the Grand Terrace Municipal Code
or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of
such inconsistencies and no further, is hereby repealed or modified to that extent
necessary to affect the provisions of this Ordinance
SECTION 7 Severability Should any provision of this Ordinance, or its application
to any person or circumstance, be determined by a court of competent jurisdiction to be
unlawful, unenforceable or otherwise void, that determination shall have no effect on any
other provision of this Ordinance or the application of this Ordinance to any other person or
circumstance and,to that end, the provisions hereof are severable The City Council of the
City of Grand Terrace declares that it would have adopted all the provisions of this
ordinance that remain valid if any provisions of this ordinance are declared invalid
SECTION 8 Effective Date This Ordinance shall become effective thirty (30)days
from and after its adoption
SECTION 9 First read at a regular meeting of the City council held on the 25th day of
October, 2022
SECTION 10 Certification The Mayor shall sign, and the City Clerk shall certify to
the passage and adoption of this Ordinance and shall cause the same to be published and
posted pursuant to the provisions of law in that regard and this Ordinance shall take effect
30 days after its final passage
PASSED, APPROVED AND ADOPTED by the City Council of the City of Grand
Terrace at a regular meeting held on the 8th day of November 2022
arcy oe, ayor
ATTEST
r
Igi,ad
e ra L Thomas, City Clerk
APPROVED AS T FORM
af/(
Adrian R Guerra
City Attorney
Ord No 343 Page 4 of 4 November 8, 2022
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )
CITY OF GRAND TERRACE )
I Debra L Thomas, City Clerk of the CITY OF GRAND TERRACE, CALIFORNIA,
DO HEREBY CERTIFY that the foregoing Ordinance, being Ordinance No 343 was
duly passed, approved and adopted by the City Council, approved and signed by the
Mayor, and attested by the City Clerk, at the regular meeting of said City Council held
on the 8th day of November 2022, and that the same was passed and adopted by the
following vote
AYES Council Members Allen, Wilson, and Robles, Mayor Pro Tern
Hussey, Mayor McNaboe
NOES None
ABSENT None
ABSTAIN None
Executed this 15th day of November 2022, at Grand Terrace, California
ebra L Thomas
City Clerk J
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