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258 ORDINANCE NO. 258 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE ADOPTING ZONE CHANGE 11-01 TO AMEND THE ZONING MAP BY RE-ZONING 0.75 ACRES LOCATED ON THE WEST SIDE OF MOUNT VERNON AVENUE AND APPROXIMATELY 400 FEET NORTH OF BARTON ROAD FROM ADMINISTRATIVE PROFESSIONAL TO BRSP- VILLAGE COMMERCIAL WHEREAS, Evergreen DevCo, Inc., represented by Katie Rounds, has applied for the approval of General Plan Amendment (GPA) 11-01, Zone Change (ZC) 11-01, and Specific Plan Amendment (SPA) 11-01 to amend the designations on northerly 0.75 acres by amending the General Plan land use designation from Office Commercial to • General Commercial, change the zoning classification from Administrative Professional, to BRSP-Village Commercial, and amend the boundaries of the Barton Road Specific Plan to include the northerly 0.75 acres of the site in the Specific Plan. WHEREAS, concurrent applications filed include Site and Architectural Review (SA) 11-02, Tentative Parcel Map 11-01 (Tentative Map No. 19131), Sign Program 11- 02, to re-subdivide approximately 3.6 acres into four lots and develop, in two Phases, a 37,700 square foot commercial center with 1,800 square feet of outdoor seating. The Sign Program establishes the sign standards for the commercial center. WHEREAS, an environmental Initial Study was prepared for the Project pursuant I to the California Environmental Quality Act (CEQA), which was circulated for public review from June 13, 2011 to July 12, 2011. The Initial Study determined that the project would not have a significant effect on the environment because mitigation measures have been incorporated into the project to reduce all potential impacts to insignificant. WHEREAS, on July 14, 2011, the Planning Commission conducted a duly noticed public hearing on the Project at the Grand Terrace Council Chambers located at 22795 Barton Road, Grand Terrace, California 92313 and concluded the hearing on said date by voting 4-0 approving Site and Architectural Review 11-02 and Sign Program 11-02, and recommending City Council approval of Zone Change 11-01. WHEREAS, on July 26, 2011, the City Council conducted a duly noticed public hearing on the Project at the Grand Terrace Council Chambers located at 22795 Barton Road, Grand Terrace, California 92313 and conducted second reading on August 9, 2011. WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred. NOW THEREFORE, it is hereby found, determined, and resolved by the City Council of the City of Grand Terrace, as follows Page 1 of 4 ity Council held on the 10th day of January, 2012 and finally adopted and ordered posted at a regular meeting -of said City Council on the 24th day of January, 2012.. Page 2 of 10 toring device or method required under this ordinance shall, upon conviction, be punished by a fine of not less than three thousand dollars ($3,000) per day of violation or by imprisonment or by both. ppropriate legal, equitable, or injunctive relief against any person who has violated or continues to violate any provision of cer of the discharger. _ I 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 e receipt of a supplemental or amended application, the community development director shall again determine whether the application is complete. Page35of43 upp. 1140 (E.D. Tenn. 1995); Page 9 of 43 o not adequately protect the health, safety, and general welfare of Page 6 of 43 ' cases of congenital syphilis, were reported for Los Angeles County residents, while the 2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported Page 2 of 43 SECTION 1. The City Council hereby finds that, based on the Initial Study, the public hearing, and substantial evidence in the record, the Project will not have a significant effect on the environment because all potential environmental impacts have been mitigated to a level of non-significance through the incorporation of mitigation measures in the Project approval. The Mitigated Negative Declaration has been reviewed and considered and reflects the independent judgment of the City Council. SECTION 2. The proposed amendment 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 be injurious to property or improvements in the neighborhood or within the city because the re-designation permits the same level of commercial development as the existing designation. The zone change will allow the development of a cohesive commercial center under one zoning classification, subject to one set of development standards, and subject to specific conditions of approval. SECTION 3. The proposed amendment will be consistent with the latest adopted General Plan. The Zone Change to BRSP-VC would permit a variety of village commercial uses such drug stores, markets, cafes, bakeries, gift shops, bookstores, food and restaurant uses, and other similar commercial retail uses. The proposed re- zoning will allow for the ultimate development of a village commercial center consistent with the intent of the proposed GC General Plan land use designation to provide for general commercial uses that would serve the retail and service needs of the community. SECTION 4. The Council hereby adopts the Mitigated Negative Declaration and adopts Zone Change 11-01 to amend,the Zoning Map by re-zoning the property shown on Exhibit 1, attached hereto, from Administrative Professional (AP) to Barton Road Specific Plan-Village Commercial (BRSP-VC). SECTION 5. The City Council declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion of it irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions of it be declared invalid or unconstitutional. If for any reason any portion of this ordinance is declared invalid, or unconstitutional, then all other provisions shall remain valid and enforceable. SECTION 6. This ordinance shall take effect thirty days from the date of adoption. SECTION 7. First read at a regular meeting of the City Council held on the 26th day of July, 2011 and finally adopted and ordered posted at a regular meeting of said City Council on the 9th day of August, 2011. Page 2 of 4 Council on the 24th day of January, 2012.. Page 2 of 10 toring device or method required under this ordinance shall, upon conviction, be punished by a fine of not less than three thousand dollars ($3,000) per day of violation or by imprisonment or by both. ppropriate legal, equitable, or injunctive relief against any person who has violated or continues to violate any provision of cer of the discharger. _ I 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 e receipt of a supplemental or amended application, the community development director shall again determine whether the application is complete. Page35of43 upp. 1140 (E.D. Tenn. 1995); Page 9 of 43 o not adequately protect the health, safety, and general welfare of Page 6 of 43 ' cases of congenital syphilis, were reported for Los Angeles County residents, while the 2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported Page 2 of 43 ATTEST: 0 - l2I VitA dr--)2( City Clerk isoayor irCiCe IZ.ti vhrEZ I,-Brenda-les�a, City Clerk of the City of Grand Terrace, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Grand Terrace held on the 26th day of July, 2011, and finally adopted a regular meeting of said City Council on the 9th day of August, 2011 by the following vote: AYES: Councilmembers McNaboe, Sandoval and Hays; Mayor Pro Tem Garcia acid Mayor Stanckiewitz NOES: None ABSENT: None ABSTAIN: None City Clerk ' T" Approved as to,form: City Attorney Page 3 of 4 nd and the Official Seal of the City of G and,Terracethis 22ndt'day of August , 2011. = . Vrends Mesa;City C�letk 9 • Exhibit 1 . __.., . ....., ,, . "":. •.:;, " "•••:::-:::'': n;•‘1, ;:il ,F;:itroms, ,, i,,.. ,:,;qii".: 1 ,''..'..-:-..j.:.'.7'.'.:::::::.--',7.'S.'„•:"..!.'..:!.':-.'n' !:Ni-Pr,if,!!:!! 4 v,..-,- . atf:i:_ .i,,,5„.... , •ii, t. iv....,....,,...,:i. , ,..:.. •, am '::::::i.- ,:-• ....c,..,:- , Zoning htap ::"IMO* ''''“ .11°41.1100. '' 77 . '''''' --01 14'i: Proposed Change i'-"i. iiP Iiiili'fl::4, .. ‘,..q niriensarord'PropOSed,Changeto R5.,SP-yttragelpornmercial to BRSP-Village Commercial ''' f:' V lik letibil"""1"41211r4"-' '''"'"" .. :i.:'.:.. .''....''.7111ffillr'•':' •0c 0 .1 -0 .. - , , ,,,i :Fel/VA 7,...._..:;:f:.:. ::::.:::::..::."..::::!...-7,:::i ----. -— .•.,‘. -, r, -' rr-i,-'..jergir6 4ii::.„.-;-: :-:::-i:1[ !....';'4,' It < ....2.,:--,,,,,, : :110 .•;i., Proposed Change to _ C',' 6 'OW '-6 x-'7;: . ,r. :', *1lffi:41 1Z.,14.41, ''. ''''''' iiI',1- ERSP-Iirdage Commercial .:,,: ,-..".,:,,,.!.7r,r1 '-,-.. , , ,11,:Vi**V'.(WL'4'. 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' ... . . ..... .. 1 ..-.. -tl, V„,/,;:*., isit-Acraccsiracsie oraresaccat ' ''''Int ''.141'w' ''' ''' ''''''' ' " '' '''-%1 ''' 'rl'n' EC u540,11,rantw 411441 1'''4.',*WI Al . . . '''' s'' ....40*. . , • ( Page 4 of 4 g of the City Council held on the 26th day of July, 2011 and finally adopted and ordered posted at a regular meeting of said City Council on the 9th day of August, 2011. Page 2 of 4 Council on the 24th day of January, 2012.. Page 2 of 10 toring device or method required under this ordinance shall, upon conviction, be punished by a fine of not less than three thousand dollars ($3,000) per day of violation or by imprisonment or by both. ppropriate legal, equitable, or injunctive relief against any person who has violated or continues to violate any provision of cer of the discharger. _ I 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 e receipt of a supplemental or amended application, the community development director shall again determine whether the application is complete. Page35of43 upp. 1140 (E.D. Tenn. 1995); Page 9 of 43 o not adequately protect the health, safety, and general welfare of Page 6 of 43 ' cases of congenital syphilis, were reported for Los Angeles County residents, while the 2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported Page 2 of 43