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327 ORDINANCE NO. 327 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, FINDING THE ORDINANCE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND AMENDING TITLE 17 (SUBDIVISIONS) AND TITLE 18 (ZONING) OF THE GRAND TERRACE MUNICIPAL CODE TO ESTABLISH MINIMUM PUBLIC HEARING NOTIFICATION REQUIREMENTS ON CERTAIN DEVELOPMENT RELATED PROJECT. WHEREAS, the City of Grand Terrace ("City") adopted a zoning code, which has been amended from time to time; and WHEREAS, this ordinance proposes to amend Title 18 (Zoning) and Title 1.7 (Subdivisions) of the Grand Terrace Municipal Code to increase the current public noticing requirements for planning applications, beyond the State of California standard; and WHEREAS, the public noticing requirements of the Grand Terrace Municipal Code are compliant with the minimum notification requirements pursuant of the State of California Government Code Sections 65090 and 65091; and WHEREAS, pursuant to Sections 65090 (a) of the California Government Code, public hearings shall be published in at least one newspaper of general circulation within the jurisdiction of local agency which is conducting the proceeding at least 10 days prior to the hearing, or if there is no such newspaper of general circulation, the notice shall be posted at least 10 days prior to the hearing in at least three public places within the jurisdiction of the local agency; and WHEREAS, pursuant to Section 65090 (c) of the California Government Code, in addition to Section 65090 (a), a local agency may give notice of the hearing in any other manner it deems necessary or desirable; and WHEREAS, this proposed ordinance is exempt from California Environmental Quality Act (CEQA) pursuant to Section 15061 (b)(3), in that the activity is covered by the general rule that CEQA applies only to projects, which have the potential for causing a significant effect on the environment. The proposed amendment will not have any effects on the environment because the proposed amendment only changes administration procedures relative to public hearing notification requirements; and WHEREAS, on September 19, 2019, the Planning Commission of the City of Grand Terrace conducted a duly noticed public hearing on Zoning Code Amendment 19- 01 at the Grand Terrace City Hall Council Chambers located 22795 Barton Road, Grand Terrace, California 92313 and concluded the hearing by voting to recommend City Council approval; and WHEREAS, on October 8, 2019, the City Council of the City of Grand Terrace conducted a duly noticed public hearing on the Ordinance at the Grand Terrace City Hall Council Chambers located 22795 Barton Road and concluded the hearing on said date. 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 are incorporated herein as findings of the City Council. SECTION 2. The City Council hereby finds that this ordinance is exempt from California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3), because the proposed amendment only changes administration procedures relative to public hearing notification requirements. SECTION 3. Based on substantial evidence presented to the City Council during the public hearing, including public testimony, and written and oral staff reports, the City Council specifically finds as follows regarding Zoning Code Amendment 19-01: a. Zoning Code Amendment 19-01 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 injurious to property or improvements in the neighborhood or within the City because the amendment changes only administrative procedures by expanding the minimum public hearing notification requirements. The proposed expanded public notice requirements will remain compliant with the California Government Code. The expanded noticing requirements will increase community awareness of development related projects and encourages more public participation in the planning, development, and decision- making process. b. Zoning Code Amendment 19-01 is consistent with the latest adopted General Plan; because the expanded public noticing requirements are consistent with the minimum notification requirements by the California Government Code. SECTION 4. Title 17 (Subdivisions) and Title 18 (Zoning) of the Grand Terrace Municipal Code are hereby amended as contained in Exhibit 1 and Exhibit 2 attached hereto and incorporated herein by reference. SECTION 5. 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. Ordinance No. 327 Page 2 of 12 October 22, 2019 SECTION 6. 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 7. Effective Date. This ordinance shall become effective thirty (30) days from and after its adoption. PASSED, APPROVED AND ADOPTED by the City Council of the City of Grand Terrace at a regular meeting held on the 22"d day of October 2019. 7�� - - Da►ti--M�cIV�e Wyor ATTEST: De ra L. Thomas,"City Clerk APPROVED AS TO FORM: Adrian R. Guerra City Attorney Ordinance No. 327 Page 3 of 12 October 22, 2019 EXHIBIT 1 TITLE 17 SUBDIVISIONS Section 17.04.100 (Public hearing notice) of Chapter 17.04 (General Provisions) of Title 17 (Subdivisions) of the Grand Terrace Municipal Code is amended as follows: Section 17.04.100 (Public hearing notice) Whenever a public hearing is held pursuant to this Title, notice of hearing shall be in accordance with California Government Code Section 66451.3. The notice of hearina shall also comply with the followina requirements: Lot Size of the Proiect Mailing Notification Publications in Local Site Radius Newspaper Less than 5 acres 500 feet Leqal advertisement 5 to 9.99 acres 1,000 feet 1/8 page box advertisement 10 acres or more 1,500 feet 1/8 page box advertisement Section 17.16.060.A(4) (Tentative map review and distribution procedure) of Chapter 17.16 (Tentative maps) of Title 17 (Subdivision) of the Grand Terrace Municipal Code is amended as follows: Section 17.16.060.A(4) 4. Public Hearing and Notification. Public hearing notification shall take place in the manner set forth in California Government Code Section 65090 and 65091 and with Section 17.04.100 (Public hearina notice) of Chapter 17.04 (General Provisions). Section 17.24.060.A (Findings) of Chapter 17.24 (Common interest development conversions) of Title 17 (Subdivisions) of the Grand Terrace Municipal Code is amended as follows: Section 17.24.060.A A. Prior to approval of the tentative map and development application, the Planning Commission shall hold a public hearing. Notice of the hearing shall be given in accordance with California Government Code Section 65090 and with Section 17.04.100 (Public hearina notice) of Chapter 17.04 (General Provisions). A copy of any staff report shall be served by the developer on each tenant of the subject property at least three days prior to the hearing, either by personal service or by posting the report on the front door of the unit and mailing it to the tenant. Ordinance No. 327 Page 4 of 12 October 22, 2019 The Planning Commission shall not approve a tentative map for conversion of apartment units unless the Planning Commission finds that: Section 17.40.050 (Proceedings before the City Council) of Chapter 17.40 (Reversion to acreage)of the Grand Terrace Municipal Code is amended as follows: Section 17.40.050 A public hearing on the proposed reversion to acreage shall be held before the City Council pursuant to California Government Code Section 66451.3 and with Section 17.04.100 (Public hearing notice) of Chapter 17.04 (General Provisions). Section 17.56.030.0 (Supplemental improvement capacity) of Chapter 17.56 (Improvements) of the Grand Terrace Municipal Code is amended as follows: Section 17.56.030.0 C. No charge, area of benefit or local benefit district shall be established unless and until a public hearing is noticed and held thereon by the City Council at which time the boundaries of the area of benefit, the costs, whether actual or estimated, and a fair method of allocation of costs to the area of benefit and fee apportionment, and the fee to be collected, shall be established. Notice of the public hearing shall be given pursuant to Sections 65090 and 65091 of the California Government Code and shall include preliminary information related to the boundaries of the area of benefit, estimated cost and the method of fee apportionment. Notice of public hearina shall also be in accordance with Section 17.04.100 (Public hearing notice) of Chapter 17.04 (General Provisions). Ordinance No. 327 Page 5 of 12 October 22, 2019 EXHIBIT 2 ZONING A new Section, Section 18.03.070 (Public hearing notice) of Chapter 18.03 (General provisions) of Title 18 (Zoning) of the Grand Terrace Municipal Code is hereby added to read as follows: Section 18.03.070 Whenever a public hearina is held pursuant to this Title. notice of hearina shall be in accordance with California Government Code Section 65090 and Section 65091. The notice of hearina shall also comply with the followina requirements: Lot Size of the Mailing Publications in Proiect Site Notification Local Radius Newspaper Less than 5 500 feet Legal acres advertisement 5 to 9.99 acres 1,000 feet 1/8 paae box advertisement 10 acres or more 1,500 feet 1/8 paae box advertisement Section 18.63.050 (Public hearing) of Chapter 18.63 (Site and architectural review) of Title 18 (Zoning) of the Grand Terrace Municipal Code is amended as follows: Section 18.63.050 The site and architectural review board shall hold a public hearing on any proposed site and architectural review application and shall notice said hearing in accordance with Section 65091 of the California Government Code, and with Section 18.03.070 (Public hearina notice) of Chapter 18.03 (General Provisions). Ordinance No. 327 Page 6 of 12 October 22, 2019 Section 18.63.070.13 (Appeal process) of Chapter 18.63 (Site and architectural review) of Title 18 (Zoning) of the Grand Terrace Municipal Code is amended as follows: Section 18.63.070.B B. After accepting an application for appeal, the city clerk shall set a date for the city council to hear the appeal. Notices of the appeal shall be given to the applicant, the site and architectural review board and the appellant. The notice shall also be provided in accordance with Section 18.63.050 (Public hearing) of Chapter 18.63 (Site and architectural review). Section 18.68.100.0 (Appeals) of Chapter 18.68 (Reasonable accommodations) of Title 18 (Zoning) of the Grand Terrace Municipal Code is amended as follows: Section 18.68.100.0 C. The Planning Commission shall hold a public hearing on the appeal. Notice of the public hearing shall be provided in accordance with Section 18.03.070 (Public hearinq notice) of Chapter 18.03 (General Provisions). The decision of the Planning Commission shall be final. A written decision of the Planning Commission or Accessibility Standards Board of Appeals shall be mailed to the appealing party within ten days of the appeal hearing. Section 18.72.080.0 (Reasonable accommodations hearing) of Chapter 18.72 (Amateur ("HAM") radio antennas) of Title 18 (Zoning) of the Grand Terrace Municipal code is amended as follows: Section 18.72.080.0 C.Notice of the public hearing, to this SeGti ^, shall be provided, by first- class mail, to all property owners pursuant of Section 18.03.070 (Public hearing notice) of Chapter 18.03 (General Provisions). Ordinance No. 327 Page 7 of 12 October 22, 2019 Section 18.83.040 (Public hearing) of Chapter 18.83 (Conditional use permits) of Title 18 (Zoning) of the Grand Terrace Municipal Code is amended as follows: Section 18.83.040 The planning commission shall hold a public hearing on any proposed conditional use permit and shall notice said hearing in accordance with Section 65091 of the California Government Code and with Section 18.03.070 (Public hearing notice) of Chapter 18.03 (General Provisions). Section 18.83.060.13 (Appeal process) of Chapter 18.83 (Conditional use permits) of Title 18 (Zoning) of the Grand Terrace Municipal Code is amended as follows: Section 18.83.060.13 B. After accepting an application for appeal, the city clerk shall set a date for the city council to hear the appeal. Notices of the appeal shall be given to the applicant, the planning commission and the appellant. The notice shall also be provided in accordance with Section 18.83.040 (Public hearing) of Chapter 18.83 (Conditional use permit). Section 18.83.080 (Revocation) of Chapter 18.83 (Conditional Use permits) of Title 18 (Zoning) of the Grand Terrace Municipal Code is amended as follows: Section 18.83.080 Any conditional use permit granted in accordance with this title may be revoked if any of the following actions occur: A. Any violation of a conditional use permit's required condition of approval; B. Any federal, state or local law or ordinance is violated in connection with a conditionally permitted use. The planning commission shall hold a public hearing to consider the proposed revocation. Said hearing shall be noticed in accordance with Section 65091 of the California Government Code and with Section 18.03.070 (Public hearina notice) of Chapter 18.03 (General Provisions). After conducting the public hearing, the planning commission shall make a recommendation to the city council regarding revocation of the conditionally permitted use. After receiving the planning commission's recommendation, the city council shall conduct its own public hearing and make a final determination to revoke, amend or leave unchanged the subject conditional use permit. Ordinance No. 327 Page 8 of 12 October 22, 2019 Section 18.84.110 (Revocation) of Chapter 18.84 (Administrative conditional use permit) of Title 18 (Zoning) of the Grand Terrace Municipal Code is amended as follows: Section 18.84.110 Any administrative use permit granted in accordance with this title may be revoked if any of the following actions occur: A. Any violation of an administrative conditional use permit's required condition of approval. B. Any federal, state or local law or ordinance is violated in connection with an administratively conditionally permitted use. The planning commission shall hold a public hearing to consider the proposed revocation. Said hearing shall be noticed in accordance with Section 65091 of the California Government Code and with Section 18.03.070 (Public hearing notice) of Chapter 18.03 (General Provisions). After conducting the public hearing, the planning commission shall make a recommendation to the city council regarding the revocation of the administrative conditionally permitted use. After receiving the planning commission's recommendation, the city council shall conduct its own public hearing and make a final determination to revoke, amend or leave unchanged the subject administrative conditional use permit. Section 18.86.040 (Public hearing) of Chapter 18.86 (Variances) of Title 18 (Zoning) of the Grand Terrace Municipal Code is amended as follows: Section 18.86.040 The planning commission shall hold a public hearing on any proposed variance and shall notice said hearing in accordance with Section 65091 of the California Government Code and with Section 18.03.070 (Public hearing notice) of Chapter 18.03 (General Provisions). Ordinance No. 327 Page 9 of 12 October 22, 2019 Section 18.86.060.13 (Appeal process) of Chapter 18.86 (Variances) of Title 18 (Zoning) of the Grand Terrace Municipal Code is amended as follows: Section 18.86.060.13 B. After accepting an application for appeal, the city clerk shall set a date for the city council to hear the appeal. Notices of the appeal shall be given to the applicant, the planning commission and the appellant. The notice shall be provided in accordance with Section 18.86.040 (Public hearing) of Chapter 18.86 (Variances). Section 18.86.080 (Revocation) of Chapter 18.86 (Variances) of Title 18 (Zoning) of the Grand Terrace Municipal Code is amended as follows: Section 18.86.080 Any variance granted in accordance with this title may be revoked if any of the following actions occur. A. Any violation of a condition of approval required for the variance; B. Any federal, state or local law or ordinance is violated in connection with a variance. The planning commission shall hold a public hearing to consider the proposed revocation. Said hearing shall be noticed in accordance with Section 65091 of the California Government Code and with Section 18.03.070 (Public hearing notice) of Chapter 18.03 (General Provisions). After conducting the public hearing, the planning commission shall make a recommendation to the city council regarding revocation of the variance. After receiving the planning commission's recommendation, the city council shall conduct its own public hearing and make a final determination to revoke, amend or leave unchanged the subject variance. Section 18.89.080 (Revocation) of Chapter 18.89 (Minor Deviations) of Title 18 (Zoning) of the Grand Terrace Municipal Code is amended as follows: Section 18.89.080 Any minor deviation granted in accordance with this title may be revoked if any of the following actions occur: Ordinance No. 327 Page 10 of 12 October 22, 2019 A. Any violation of a condition of approval required for the minor deviation. B. Any federal, state or local law or ordinance is violated in connection with permitted minor deviation. The planning commission shall hold a public hearing to consider the proposed revocation. Said hearing shall be noticed in accordance with Section 65091 of the California Government Code and with Section 18.03.070 (Public hearina notice) of Chapter 18.03 (General Provisions). After conducting the public hearing, the planning commission shall make a recommendation to the city council regarding revocation of the minor deviation. After receiving the planning commission's recommendation, the city council shall conduct its own public hearing and make a final determination to revoke, amend or leave unchanged the subject minor deviation. Section 18.90.040 (Planning commission public hearing and recommendations) of Chapter 18.90 (Amendments) of Title 18 (Zoning) of the Grand Terrace Municipal Code is amended as follows: Section 18.90.040 The planning commission shall hold a public hearing on any proposed amendment and shall notice said hearing in accordance with Sections 65090 and 65091 of the California Government Code and with Section 18.03.070 (Public hearinci notice) of Chapter 18.03 (General Provisions). The planning commission, after examination of the proposed amendment, shall make its recommendation to the city council. The planning commission shall recommend approval only if it finds: A. The proposed amendment will not be: 1. 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; or 2. Injurious to property or improvements in the neighborhood or within the city; B. The proposed amendment will be consistent with the latest adopted general plan. Section 18.90.050.A (City Council public hearing and approval) of Chapter 18.90 (Amendments) of Title 18 (Zoning) of the Grand Terrace Municipal code is amended as follows: Ordinance No. 327 Page 11 of 12 October 22, 2019 Section 18.90.050.A A. If the planning commission's recommendation is for approval, the city council shall hold a public hearing on the proposed amendment. Said public hearing shall be noticed in accordance with Sections 65090 and 65091 of the California Government Code and with Section 18.03.070 (Public hearing notice) of Chapter 18.03 (General Provisions). After conducting a public hearing, the city council may approve, modify or disapprove the recommendation of the planning commission, provided that any modification of the proposed amendment by the city council not previously considered by the planning commission during its hearing, shall first be referred back to the planning commission for its consideration and recommendation. Such consideration resulting from a city council referral shall require a public hearing. Failure by the planning commission to report to the city council on the proposed modification within forty days, or such longer period as the city council may designate, shall be deemed an approval of the proposed modification by the planning commission. Ordinance No. 327 Page 12 of 12 October 22, 2019 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. 327 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 22"d day of October 2019, and that the same was passed and adopted by the following vote: AYES: Council Members Allen, Hussey; Mayor Pro Tern Wilson; Mayor McNaboe NOES: None. ABSENT: Council Member Robles ABSTAIN: None. Executed this 24th day of October 2019, at Grand Terrace, California. Debra L. Thomas City Clerk [SEAL]