308 ORDINANCE NO. 308
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA, FINDING ZONING CODE AMENDMENT 17-
02 EXEMPT FROM CEQA AND ADOPTING AN ORDINANCE TO
REPEAL AND REPLACE IN ITS ENTIRETY SECTION 18.73.060 OF
CHAPTER 18.73 (GENERAL REGULATIONS AND EXCEPTIONS) OF
TITLE 18 (ZONING) RELATING TO THE DEDICATION,
CONSTRUCTION AND MAINTENANCE OF PUBLIC IMPROVEMENTS
WHEREAS, pursuant to Sections 65800 and 65850 of the California Government
Code, the City may adopt ordinances to regulate the use of buildings, structures, and
land as between industry, business, residences, and open space, and other purposes;
to regulate the location, height, bulk, number of stories and size of buildings and
structures, the size and use of lots, yards, courts and other open spaces, the
percentage of a lot which may be occupied by a building or structure, and the intensity
of land use; and to establish requirements for off-street parking, in compliance with the
California Government Code; and
WHEREAS, the Zoning Code contains provisions requiring the dedication and
improvement of public improvements as a condition of development; and
WHEREAS, the City Council has taken several actions to ensure that
development pays for their share costs of development, including a deposit based fee
structure and annexation of new development into the City's existing Landscape and
Lighting Assessment District; and
WHEREAS, the costs of maintenance and operation of public improvements,
such as public utilities, street trees and parkway landscaping can be collected through
assessment districts;
WHEREAS, the cost of maintenance for certain onsite improvements, such as
graffiti maintenance on perimeter block walls and landscaping within easements or
setbacks, can also be included in assessment districts; and
WHEREAS, City desires to amend the Zoning Code so to clearly state that new
development shall be required and condition to annex into the City's landscape and
lighting maintenance district; and
WHEREAS, the Project is .covered by the general rule (Section 15061(b)(3)) that
CEQA applies only to projects which have the potential for.causing a significant effect
on the environment. Where it can be seen with certainty that there is no possibility that.
Ordinance No. 308 Page 1 of 4 July 11, 2017
the activity in question may have a significant effect on the environment, the activity is
i not subject to CEQA. The proposed regulations will not have a direct impact on the
environment.
WHEREAS, on June 1, 2017, the Planning Commission conducted a duly
noticed public hearing at the City Council Chambers located at 22795 Barton Road,
Grand Terrace, California, and concluded said hearing on that date by adopting
Resolution 2017-32, recommending City Council approval of Zoning Code Amendment
17-02; and
WHEREAS, on June 27, 2017, the City Council conducted a duly noticed public
hearing at the City Council Chambers located at 22795 Barton Road, Grand Terrace,
California, and voted to introduce c Zoning Code Amendment 17-02.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY GRAND TERRACE
DOES ORDAIN AS FOLLOWS:
SECTION 1. The City Council finds that all the facts, findings, and conclusions
set forth above in this Ordinance are correct.
SECTION 2. Pursuant to the provisions of the California Environmental Quality
(_ Act- ("CEQA") (California Public Resources Code Sections 21000 et seq.) and State
CEQA guidelines (Sections 15000 et seq.) this Ordinance is exempt from CEQA review
pursuant to Section 15061(b)(3) of Title 14 the California Code of Regulations, in that it
can be seen with certainty that there is no possibility that -the activity in question
will have a significant effect on the environment.
SECTION 3. Zoning Code Amendment 17-02 will not be detrimental to the
health, safety, morals, comfort or general welfare of the persons residing or working
within the neighborhood of the proposed amendment or within the city because the
Zoning Code the amendment to require.the maintenance and operation costs of certain
public improvements properly places the responsibility on the beneficiaries of the
project, as opposed to burdening the general fund.
SECTION 4. Zoning Code Amendment 17-02 will not be injurious to property or
improvements in the neighborhood or within the city because it will not preclude the
continued use and/or development of surrounding properties
SECTION 5. Zoning Code Amendment 17-02 is consistent with and promotes
the adopted General Plan, particularly Goal 2.1 to provide for balanced growth...and
maintenance of a healthy diversified community.
Ordinance No: 308 Page 2 of 4 July 11, 2017
SECTION 6. Section 18.73.060 of Chapter 18.73 (General Standards) of Title 18
(Zoning) is repealed and replaced in its entirety, to read as follows:
"Section 18.73.060 — Dedication, construction, and maintenance of public
improvements.
A. Dedication of land required for development of a public street or other
public improvement as specified in the general plan, shall be. required at the
time of the subdivision of any land or, where no subdivision is involved, at the
time of development. Such improvements shall be required as a condition .of
any subdivision, conditional use permit, variance or site and architectural review
approval.
B. Annexation into the existing landscape and lighting maintenance district
shall be required at the time of the subdivision of any land or, where no
subdivision is involved, at the time of development for the maintenance of
public. improvements. Public improvements shall include, but not be limited to
street lights, signal lights, water quality devices, street.trees, and landscaping.
Annexation into the landscape and lighting maintenance district shall be
required as a condition of approval for a subdivision, conditional use permit or
site and architectural review approval.
C. The City may also require, at their discretion and as a condition of
approval, that maintenance of perimeter improvements such as, but not limited
to, block walls for graffiti removal and landscaping within setbacks or
easements also be included with the landscape and lighting assessment
district."
SECTION 7. 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 effect the provisions of this Ordinance.
SECTION 8. 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.
Y
t
Ordinance No. 308 Page 3 of 4 July 11, 2017-
SECTION 9: 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 -Grand Terrace, pursuant to all legal
requirements.
PASSED, APPROVED AND ADOPTED by the City .Council of the City of Grand
Terrace, California, at a regular meeting held on the 11 th day of July, 2017.
Darcy $ayor
ATTEST:
Debra L. Thomas, City Clerk
APPROVED AS TO FORM: .
Richard. L. Adams, II
City Attorney
l
Ordinance No. 308 Page 4 of 4 July 11, 2017
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 HERBY.CERTIFY that the foregoing Ordinance, being Ordinance No. 308 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
11" day of July, 2017, and that the same was passed and adopted by the following
vote:
AYES: Council Members Wilson, Hussey; Mayor Pro Tern Robles; Mayor
McNaboe
NOES:
ABSENT: Council Member Reinarz
ABSTAIN:
` Executed this 12th day of July, 2017, at Grand Terrace, California.
Debra.L. Thomas, City Clerk
[SEAL]