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181 ORDINANCE NO. 181 AN ORDINANCE OF THE CITY OF GRAND TERRACE, CALIFORNIA,AMENDING THE BARTON ROAD SPECIFIC PLAN OF SAID CITY IN BRSP-98-01-A3, AMENDING THE PLAN AS FOLLOWS: 1)TO ALLOW EXCEPTION TO SPECIAL STANDARDS WITHIN THE MASTER PLAN AREA NO. 4 IN RELATION TO BUILDING LOCATION; and 2) INCLUSION OF NURSERIES AND GARDEN SUPPLY USES WITHIN THE VILLAGE COMMERCIAL DISTRICT, AND IN Z-98-01 AMENDING THE ZONING AND BARTON ROAD SPECIFIC PLAN MAP DESIGNATIONS FROM R1- 7.2 TO BRSP-VC, AND IN GP-98-01 AMENDING THE GENERAL PLAN LAND USE MAP AND GENERAL PLAN LAND USE MAP TABLE VI-1, AND IN E-98-02 AN ASSOCIATED NEGATIVE DECLARATION,FILED BY JOVAL DEVELOPMENT COMPANY. WHEREAS,the proposed amendment is located in the Grand Terrace Redevelopment area; and WHEREAS,the JOVAL Development Company has initiated the proposed amendments; and WHEREAS,The Planning Commission during their meeting on May 21, 1998 recommend approval to the City Council of said amendments; and WHEREAS,the project requires a Negative Declaration per the California Environmental Quality Act(CEQA): and WHEREAS,the following findings have been set forth in the Staff Report to the Planning Commission of the City of Grand Terrace, California: 1. The proposed project is consistent with the General Plan. FACTS: The exceptions to the special requirements of Master Plan Area No. 4, and • inclusion of Nurseries and Garden Supply uses within the Barton Road Specific Plan proposal is consistent with the General Plan Goal for Community Development and Commercial Use which is, "Maintenance and continued development of Grand Terrace's established commercial areas, and encouragement of new commercial development." 1 id provisions or clause or application, and of this end d the provisions and clauses of the Ordinance are declared to be severable. Section 3. Effective Date - This Ordinance shall be effective immediately as the preservation of the public peace, health and safety is concerned in providing tertiary sewer treatment and is passed by 4/5 vote. al shall be filed within thirty (30) days of the service on the appellant of notice of the decision, action or City of Grand Terrace Waste Discharge Ordinance Page 70 . of this Section. Users are also exempt from the above requirements during a calendar month in which they discharge no more than 15 kilograms of Hazardous Wastes, unless the wastes are acute Hazardous Wastes as specified in 40 CFR 261.30(d) and 261.33(e). City of Grand Terrace Waste Discharge Ordinance Page 54 Department. for selling or otherwise participating in the sale of fireworks at such stand. is committed. Violators may include not only those persons staging the street or special event but any person knowingly participating in the event after being advised of its illegality. th a company with a rating approved by the City attorney. The City and its officers, agents and employees shall be named as additional insureds on said policy and the City shall be provided with a certificate of insurance evidencing this fact. Both the applicant and any independent contractors shall also provide copies of their worker's compensation certificates for all employees. (b) The applicant shall also agree to indemnify the City, its officers and employees from any claim or liability arising out of the street or special event. (c) The applicant shall also post such cash deposit or bonds to protect the City from n of the Sheriff's Department. The amendment to the Zoning District and BRSP Map will require an amendment to the General Plan Land Use Map and General Plan Land Use Map Acreage Breakdown Table VI-1. The developer's proposal to merge two residential lots into an existing commercial zoned property results in a Zoning Map, BRSP Map, and General Plan Map and General Plan Table VI-1 amendment to be processed concurrently for consistency between the planning documents. Because the zoning reclassification is associated with two contiguous parcels totaling less than half an acre, its impacts on said planning documents goals,policies, and objectives are insignificant. There are no other reasonably know zone changes that could cumulatively negate this fact. 2. The proposed amendments to the Barton Road Specific Plan is consistent with all other applicable requirements of the local ordinances and state law. FACTS: The amendments are part of a physical site change proposed by JOVAL Development Company on behalf of Rite Aide Corporate. All development shall meet all applicable development standards including, but not limited to, setbacks, access, circulation,parking, lighting, and landscaping of the Barton Road Specific Plan and applicable development policies of the General Plan. 3. The proposed amendment to the Barton Road Specific.Plan is compatible with and complimentary to the permitted uses in the same neighborhood. FACTS: The BRSP requires a Master Development Plan for"Master Plan Areas" on the BRSP Land Use Map, when it is evident that piecemeal development will prevent or produce future development of adjacent properties in a manner not consistent with the intent of this Specific Plan. The amendment to exempt a development from strict application of the Master Plan Area No. 4 special,provisions will ensure that the requirements of the BRSP Master Plan No. 4 are applied equitably,based findings that justify another alternative. The inclusion of Nursery and Garden Supply Uses of a small scale are consistent with the other less intensive retail uses in the Village Commercial District of the Barton Road Specific Plan. The uses permitted in the Master Plan Area No. 4 are less intensive(specialty)retail uses more appropriate within the"village" atmosphere. 4. The proposed amendments will not adversely affect the public health, safety, and welfare, nor be materially detrimental to the use, enjoyment, or valuation of persons or other property in the surrounding area because it is required to comply with applicable health, safety, and zoning codes. 2 Ordinance Page 54 Department. for selling or otherwise participating in the sale of fireworks at such stand. is committed. Violators may include not only those persons staging the street or special event but any person knowingly participating in the event after being advised of its illegality. th a company with a rating approved by the City attorney. The City and its officers, agents and employees shall be named as additional insureds on said policy and the City shall be provided with a certificate of insurance evidencing this fact. Both the applicant and any independent contractors shall also provide copies of their worker's compensation certificates for all employees. (b) The applicant shall also agree to indemnify the City, its officers and employees from any claim or liability arising out of the street or special event. (c) The applicant shall also post such cash deposit or bonds to protect the City from n of the Sheriff's Department. FACTS: The proposed amendments to the Barton Road Specific Plan will not in and of itself create any adverse impacts to affect the public health, safety and welfare of the surrounding property owners. All future development plans will be required to comply with all applicable health,building and' zoning codes. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA,DOES HEREBY ORDAIN AS FOLLOWS: Section 1: Barton Road Specific Plan Chapter III,page III-19 of the BRSP section (d), Master Plan No. 4. (for Exhibit VII), subtitled Master Plan Area No.4, is hereby amended to read as follows: d. Master Plan Area No. 4 Master Plan Area No. 4 encompasses what is identified as the "Village Activity Node"and includes 1. Street adjacent buildings - 2. Corner setbacks- 3. Vehicular access- the nearest intersection. Exception: In the event the preparation of a "master development plan" as required on page 111-5 is not feasible do to lack of integrated development potential on adjoining parcel(s). implementation of the above mentioned special provisions (a) and(b) could be reevaluated If a finding can be made that there is no potential for integrated development, a building may be setback from the street right-of-way. If this finding can be made, the developer shall be required to install a structure that incorporates Barton-Road Specific Plan design guidelines at the intersection to the greatest extent possible which identifies the area as a "Village Activity Node. " Section 2: Barton Road Specific Plan Chapter III, Section D -Land Use Regulations, Table 1 -Land Use Matrix,Village Commercial Uses is hereby amended to read as follows: 3 requirements of the BRSP Master Plan No. 4 are applied equitably,based findings that justify another alternative. The inclusion of Nursery and Garden Supply Uses of a small scale are consistent with the other less intensive retail uses in the Village Commercial District of the Barton Road Specific Plan. The uses permitted in the Master Plan Area No. 4 are less intensive(specialty)retail uses more appropriate within the"village" atmosphere. 4. The proposed amendments will not adversely affect the public health, safety, and welfare, nor be materially detrimental to the use, enjoyment, or valuation of persons or other property in the surrounding area because it is required to comply with applicable health, safety, and zoning codes. 2 Ordinance Page 54 Department. for selling or otherwise participating in the sale of fireworks at such stand. is committed. Violators may include not only those persons staging the street or special event but any person knowingly participating in the event after being advised of its illegality. th a company with a rating approved by the City attorney. The City and its officers, agents and employees shall be named as additional insureds on said policy and the City shall be provided with a certificate of insurance evidencing this fact. Both the applicant and any independent contractors shall also provide copies of their worker's compensation certificates for all employees. (b) The applicant shall also agree to indemnify the City, its officers and employees from any claim or liability arising out of the street or special event. (c) The applicant shall also post such cash deposit or bonds to protect the City from n of the Sheriff's Department. General Village Office/ Commercial(2)(6) Commercial(2)(6) Professional(2)(6) (Subarea 1) (Subarea 2) (Subarea 3) Retail Commercial Uses Nurseries and Garden Supply P P Stores within enclosed area (7) Notes: (7) Nurseries and garden supply stores located in the BRSP-Village Commercial District shall be of a small scale, and ancillary to the main products or services provided in keeping with the pedestrian emphasis of the Village Commercial District. Section 3: Barton Road Specific Plan Land Use Map,Exhibit III, attached by reference is hereby amended by graphically indicating the new boundaries of the Village Commercial District. Section 4. Zoning District Map attached by reference is hereby amended by graphically indicating the new boundaries of the Barton Road Specific Plan District and R1-7.2 Single Family Residential District. Section 5. General Plan Land Use Map attached by reference is hereby amended by graphically indicating the new boundaries of the General Commercial Land Use District and Low Density Residential District. Section 6. General Plan Land Use Map Acreage Breakdown Table VI-1 is hereby amended to read as follows: TABLE VI-1 GENERAL PLAN LAND USE MAP ACREAGE BREAKDOWN(VACANT) 4 of-way. If this finding can be made, the developer shall be required to install a structure that incorporates Barton-Road Specific Plan design guidelines at the intersection to the greatest extent possible which identifies the area as a "Village Activity Node. " Section 2: Barton Road Specific Plan Chapter III, Section D -Land Use Regulations, Table 1 -Land Use Matrix,Village Commercial Uses is hereby amended to read as follows: 3 requirements of the BRSP Master Plan No. 4 are applied equitably,based findings that justify another alternative. The inclusion of Nursery and Garden Supply Uses of a small scale are consistent with the other less intensive retail uses in the Village Commercial District of the Barton Road Specific Plan. The uses permitted in the Master Plan Area No. 4 are less intensive(specialty)retail uses more appropriate within the"village" atmosphere. 4. The proposed amendments will not adversely affect the public health, safety, and welfare, nor be materially detrimental to the use, enjoyment, or valuation of persons or other property in the surrounding area because it is required to comply with applicable health, safety, and zoning codes. 2 Ordinance Page 54 Department. for selling or otherwise participating in the sale of fireworks at such stand. is committed. Violators may include not only those persons staging the street or special event but any person knowingly participating in the event after being advised of its illegality. th a company with a rating approved by the City attorney. The City and its officers, agents and employees shall be named as additional insureds on said policy and the City shall be provided with a certificate of insurance evidencing this fact. Both the applicant and any independent contractors shall also provide copies of their worker's compensation certificates for all employees. (b) The applicant shall also agree to indemnify the City, its officers and employees from any claim or liability arising out of the street or special event. (c) The applicant shall also post such cash deposit or bonds to protect the City from n of the Sheriff's Department. Vacant LAND USE Acres % of land Acres % Total % Total in City City Rural Land/Open Space Hillside Overlay (HOS) 132 6% 151 34% 7% Total Rural Land/ Open Space: 132 6% 151 34% 7% Low Density Residential (LDR) 998.51 45% 63.24 14% 3% Hillside Overlay (HLDR) 108 5% 108.49 25% 5% Total Low Density Residential: 1.106.51 50% 171.73 39% 8% Medium Density Residential (MDR) 172 8% 11.48 3% .5% General Commercial (GC) 153.6 7% 58.52 14% 2.6% Office Professional (OC) 29 1% 7.27 2% .3% Light Industrial (I) 155.5 7% 37.72 9% 2% Flood Plain Overlay 32 1% 0 0% Total Industrial: 187.5 8% 37.72 9% 2% Public 79 3% - - - Street and Highways 353 16% - - - TOTAL: 2,212.6 100% 437.72 100% 20% Section 7. Development decisions shall be based on the Barton Road Specific Plan standards as incorporated and adopted by Ordinance of the City of Grand Terrace. Section 8. Effective Date: This ordinance shall be in full force and effect at 12:01 a.m. on the 31st day of its adoption. Section 9. Posting: The City Clerk shall cause this ordinance to be posted in three (3) public places within fifteen(15) days of its adoption, as designated for such purpose by the City Council. 5 the area as a "Village Activity Node. " Section 2: Barton Road Specific Plan Chapter III, Section D -Land Use Regulations, Table 1 -Land Use Matrix,Village Commercial Uses is hereby amended to read as follows: 3 requirements of the BRSP Master Plan No. 4 are applied equitably,based findings that justify another alternative. The inclusion of Nursery and Garden Supply Uses of a small scale are consistent with the other less intensive retail uses in the Village Commercial District of the Barton Road Specific Plan. The uses permitted in the Master Plan Area No. 4 are less intensive(specialty)retail uses more appropriate within the"village" atmosphere. 4. The proposed amendments will not adversely affect the public health, safety, and welfare, nor be materially detrimental to the use, enjoyment, or valuation of persons or other property in the surrounding area because it is required to comply with applicable health, safety, and zoning codes. 2 Ordinance Page 54 Department. for selling or otherwise participating in the sale of fireworks at such stand. is committed. Violators may include not only those persons staging the street or special event but any person knowingly participating in the event after being advised of its illegality. th a company with a rating approved by the City attorney. The City and its officers, agents and employees shall be named as additional insureds on said policy and the City shall be provided with a certificate of insurance evidencing this fact. Both the applicant and any independent contractors shall also provide copies of their worker's compensation certificates for all employees. (b) The applicant shall also agree to indemnify the City, its officers and employees from any claim or liability arising out of the street or special event. (c) The applicant shall also post such cash deposit or bonds to protect the City from n of the Sheriff's Department. Section 10. First read at a regular meeting of the City Council of said City held on the 11th day of June, 1998 and finally adopted and ordered posted at a regular meeting of said City Council on the 25th day of June, 1998. City Clerk of the City of Grand Terrace Ma or of the City of Grand Terrace and of the City Council thereof and of the City Council thereof I,BRENDA STANFILL, City Clerk of the City of Grand Terrace, California, do hereby certify that the foregoing Ordinance was introduced and adopted at a regular meeting on the City Council of the City of Grand Terrace held on the 25th day of June, 1998, by the following vote: AYES: Councilmembers Hilkey, Singley, and Garcia; Mayor Pro Tem Buchanan; Mayor Matteson NOES: None ABSENT: None ABSTAIN: None Brenda Stanfill City Clerk - - Approved as • form: John Harper City Attorney LM:lm C:\wp61\..\planning\zoning\z9801.ord 6 - - TOTAL: 2,212.6 100% 437.72 100% 20% Section 7. Development decisions shall be based on the Barton Road Specific Plan standards as incorporated and adopted by Ordinance of the City of Grand Terrace. Section 8. Effective Date: This ordinance shall be in full force and effect at 12:01 a.m. on the 31st day of its adoption. Section 9. Posting: The City Clerk shall cause this ordinance to be posted in three (3) public places within fifteen(15) days of its adoption, as designated for such purpose by the City Council. 5 the area as a "Village Activity Node. " Section 2: Barton Road Specific Plan Chapter III, Section D -Land Use Regulations, Table 1 -Land Use Matrix,Village Commercial Uses is hereby amended to read as follows: 3 requirements of the BRSP Master Plan No. 4 are applied equitably,based findings that justify another alternative. The inclusion of Nursery and Garden Supply Uses of a small scale are consistent with the other less intensive retail uses in the Village Commercial District of the Barton Road Specific Plan. The uses permitted in the Master Plan Area No. 4 are less intensive(specialty)retail uses more appropriate within the"village" atmosphere. 4. The proposed amendments will not adversely affect the public health, safety, and welfare, nor be materially detrimental to the use, enjoyment, or valuation of persons or other property in the surrounding area because it is required to comply with applicable health, safety, and zoning codes. 2 Ordinance Page 54 Department. for selling or otherwise participating in the sale of fireworks at such stand. is committed. Violators may include not only those persons staging the street or special event but any person knowingly participating in the event after being advised of its illegality. th a company with a rating approved by the City attorney. The City and its officers, agents and employees shall be named as additional insureds on said policy and the City shall be provided with a certificate of insurance evidencing this fact. Both the applicant and any independent contractors shall also provide copies of their worker's compensation certificates for all employees. (b) The applicant shall also agree to indemnify the City, its officers and employees from any claim or liability arising out of the street or special event. (c) The applicant shall also post such cash deposit or bonds to protect the City from n of the Sheriff's Department.