251 ORDINANCE NO. 251
AN ORDINACE OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
APPROVING ZONE CHANGE 10-01 TO ADD THE FLOODPLAIN
OVERLAY DISTRICT AND AGRICULTURAL OVERLAY DISTRICT
TO 14 ACRES OF LAND LOCATED IN THE INDUSTRIAL ZONE
DISTRICT AND TO ADD CHAPTER 18.77 ENTITLED TRANSITIONAL
RESIDENTIAL USES AND STRUCTURES TO TITLE 18 OF THE
GRAND TERRACE MUNICIPAL CODE
WHEREAS, on April 27, 2010, the City Council adopted Resolution No. 2010-10
adopting the Grand Terrace General Plan.
WHEREAS, the General Plan Land Use Map contained in the Land Use Element
designates land as Floodplain Industrial. Properties with this designation experience the potential
for severe flooding resulting from their proximity to the Santa Ana River, and the Land Use
Element states that "...parcels within this area are largely undeveloped or developed as rural
residential land uses. It is anticipated that buildout of this area will occur over a long period of
time. During this buildout period, existing residential uses shall be permitted and regulated
under the requirements of the Low Density Residential land use designation. Light agricultural
uses shall be permitted including the keeping of animals with the approval of an Agricultural
Overlay zoning designation".
WHEREAS, within the Floodplain Industrial designation are three occupied residential
uses.
WHEREAS,the Project, as contemplated,proposes to change'the Zoning Map to add the
Floodplain Overlay District and Agricultural Overlay District to approximately 14 acres of land
and to add Chapter 18.77 entitled "Transitional Residential Uses and Structures" to Title 18 of
the Grand Terrace Municipal Code to regulate the continue use of the residential uses as the area
transitions, over time,to industrial uses
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.
WHEREAS, the Project is not subject to the California Environmental Quality Act
(CEQA)pursuant to Section 15060(c)(2)which states that activities that will not result in a direct
or reasonably foreseeable indirect physical change in the environment is not subject to CEQA
all be applicable.
October 12, 2010
Page 74 of 74
ubmission of the final map or parcel map
to the City Engineer for his or her certificate, a bond meeting the requirements set forth
in the Subdivision Map Act shall be filed. In determining the amount of the bond, the
October 12, 2010
Page 72 of 74
that this provision is met to the satisfaction
October 12, 2010
Page70of74
al to the difference between the
amount it would have cost the subdivider to install such improvements to serve
the subdivision only and the actual cost of such improvements.
October 12, 2010
Page 65 of 74
October 12, 2010
Page 40 of 74
-25- December 14,2010
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
because the zoning overlay and establishment of provisions for transitional residential uses does
not result in any direct or reasonably foreseeable impact to the environment.
'WHEREAS, on June 3, 2010, the Planning Commission of the City of Grand Terrace
conducted a duly noticed public hearing on the Project at the Grand Terrace City Hall Council
Chambers located 22795 Barton Road and concluded the hearing on that date and voted 4-0
recommending City Council approval of Zone Change 10-01.
WHEREAS, on June 22 2010, the City Council of the City of Grand Terrace conducted
a duly noticed public hearing on the Project at the Grand Terrace City Hall Council Chambers
located 22795 Barton Road and concluded the hearing on that date
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
SECTION 1. Zone Change is not subject Project is not subject to environmental review
pursuant to Section 15060(c)(2) of CEQA.
SECTION 2. Zone Change 10-01 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 within the city because the underlying Industrial zoning district will
remain, the addition of the Floodplain Overlay District is consistent with adopted FEMA maps,
the addition of the Agricultural Overlay District will allow the keeping of animals which has
historically occurred in the Project Area, and new Chapter 18.77 will recognize the existing
residences and allow them to be regulated under single family residential provisions. Therefore,
no aspect of the Project will be detrimental to public health and safety.
SECTION 3. Zone Change 10-01 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 4. Zone Change 10-01 is consistent with the latest adopted General Plan
because the General Plan Land Use Map designates the subject area as Floodplain Industrial and
Exhibit 5-2 of the Public Health and Safety Element identifies the Project area as subject to flood
hazards. Table 2.3 of the Land Use Element specifically states that "...existing residential uses
shall be permitted and regulated under the requirements of the Low Density Residential land use
designation..." and that "light agricultural uses shall be permitted including the keeping of
animals with the approval of an Agricultural Overlay zoning designation".
SECTION 5. The Zoning Map is hereby amended to add the Floodplain Overlay
District and Agricultural Overlay District to the property shown on Exhibit 1 and attached
hereto.
SECTON 6. Chapter 18.77 entitled "Transitional Residential Uses and Structures" is
Page 2 of 5
bond meeting the requirements set forth
in the Subdivision Map Act shall be filed. In determining the amount of the bond, the
October 12, 2010
Page 72 of 74
that this provision is met to the satisfaction
October 12, 2010
Page70of74
al to the difference between the
amount it would have cost the subdivider to install such improvements to serve
the subdivision only and the actual cost of such improvements.
October 12, 2010
Page 65 of 74
October 12, 2010
Page 40 of 74
-25- December 14,2010
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
hereby added to Title 18 of the Grand Terrace Municipal Code as described in Exhibit 2 attached
hereto.
SECTION 7. 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 8. This ordinance shall take effect thirty days from the date of adoption.
SECTION 9. First read at a regular meeting of the City Council held on the 22nd day of
June, 2010 and finally adopted and ordered posted at a regular meeting of said City Council on
the 13th day of July, 2010.
ATTEST:
City Clerk of the City of Grand Terrace Mayor o he City of Grand Terrace and of
and of the City Council thereof. the Cit Council thereof.
I, Brenda Mesa, City Clerk of the City of Grand Terrace, do hereby certify that the
foregoing Ordinance was introduced and adopted at a regular meeting of the City Council of the
City of Grand Terrace held on the 13th day of July 2010,by the following vote:
AYES: Councilmembers Cortes and Stanckiewitz and Mayor Ferre
NOES: None
ABSENT: Mayor Pro Tem Garcia
ABSTAIN: None
Brenda Mesa, City Clerk
Approved as to form:
John Harpe , C. ttorney
Page 3 of 5
occurred in the Project Area, and new Chapter 18.77 will recognize the existing
residences and allow them to be regulated under single family residential provisions. Therefore,
no aspect of the Project will be detrimental to public health and safety.
SECTION 3. Zone Change 10-01 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 4. Zone Change 10-01 is consistent with the latest adopted General Plan
because the General Plan Land Use Map designates the subject area as Floodplain Industrial and
Exhibit 5-2 of the Public Health and Safety Element identifies the Project area as subject to flood
hazards. Table 2.3 of the Land Use Element specifically states that "...existing residential uses
shall be permitted and regulated under the requirements of the Low Density Residential land use
designation..." and that "light agricultural uses shall be permitted including the keeping of
animals with the approval of an Agricultural Overlay zoning designation".
SECTION 5. The Zoning Map is hereby amended to add the Floodplain Overlay
District and Agricultural Overlay District to the property shown on Exhibit 1 and attached
hereto.
SECTON 6. Chapter 18.77 entitled "Transitional Residential Uses and Structures" is
Page 2 of 5
bond meeting the requirements set forth
in the Subdivision Map Act shall be filed. In determining the amount of the bond, the
October 12, 2010
Page 72 of 74
that this provision is met to the satisfaction
October 12, 2010
Page70of74
al to the difference between the
amount it would have cost the subdivider to install such improvements to serve
the subdivision only and the actual cost of such improvements.
October 12, 2010
Page 65 of 74
October 12, 2010
Page 40 of 74
-25- December 14,2010
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
Exhibit 1
ZONE CHANGE 10-01
ASSESSOR PARCEL NUMBERS 0275-191-01, 0275-191-02,
0275-191-03, 0275-191-32, 0275-191-58, AND 0275-191-43.
;ED ON PIN , MAP 804-36-I3P , PAR. MO , 13 �.i `
361-13 ASSESSED ON PAGE 22 1 47 1
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Page 4 of 5
or Pro Tem Garcia
ABSTAIN: None
Brenda Mesa, City Clerk
Approved as to form:
John Harpe , C. ttorney
Page 3 of 5
occurred in the Project Area, and new Chapter 18.77 will recognize the existing
residences and allow them to be regulated under single family residential provisions. Therefore,
no aspect of the Project will be detrimental to public health and safety.
SECTION 3. Zone Change 10-01 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 4. Zone Change 10-01 is consistent with the latest adopted General Plan
because the General Plan Land Use Map designates the subject area as Floodplain Industrial and
Exhibit 5-2 of the Public Health and Safety Element identifies the Project area as subject to flood
hazards. Table 2.3 of the Land Use Element specifically states that "...existing residential uses
shall be permitted and regulated under the requirements of the Low Density Residential land use
designation..." and that "light agricultural uses shall be permitted including the keeping of
animals with the approval of an Agricultural Overlay zoning designation".
SECTION 5. The Zoning Map is hereby amended to add the Floodplain Overlay
District and Agricultural Overlay District to the property shown on Exhibit 1 and attached
hereto.
SECTON 6. Chapter 18.77 entitled "Transitional Residential Uses and Structures" is
Page 2 of 5
bond meeting the requirements set forth
in the Subdivision Map Act shall be filed. In determining the amount of the bond, the
October 12, 2010
Page 72 of 74
that this provision is met to the satisfaction
October 12, 2010
Page70of74
al to the difference between the
amount it would have cost the subdivider to install such improvements to serve
the subdivision only and the actual cost of such improvements.
October 12, 2010
Page 65 of 74
October 12, 2010
Page 40 of 74
-25- December 14,2010
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
Exhibit 2
CHAPTER 18.77 TRANSITIONAL RESIDENTIAL USES AND STRUCTURES
Chapter 18.77
Transitional Residential Uses and Structures
Sections:
18.77.010 Purpose
18.77.020 Transitional Residential Uses Located in the Floodplain Overlay District
Section 18.77.010 Purpose
The purpose of this chapter is to regulate the continued use and operation of existing residential
uses and structures located in the Floodplain Overlay District that were legally occupied as
residential uses prior to the adoption of this ordinance.
Section 18.77.020 Transitional Residential Uses Located in the Floodplain Overlay
District
A. Transitional residential uses and structures located in the Floodplain Overlay District for
which applicable permits were properly obtained and occupied by a legal residential use
established prior to the adoption of this ordinance may continue to operate and be occupied for
residential purposes in accordance with the provisions for the R1-10, Low Density Single Family
Residential District contained in Chapter 18.10 RH, R1,R2 and R3 Residential Districts.
B. Transitional residential structures for which applicable permits were obtained prior to
adoption of this ordinance that were occupied by a legal residential use may be altered and/or
expanded in accordance with the provisions for the R1-10, Low Density Single Family
Residential District contained in Chapter 18.10 RH, R1, R2 and R3 Residential Districts and
applicable regulations of the Grand Terrace Municipal Code.
C. Transitional residential structures for which applicable permits were obtained prior to
adoption of this ordinance that were occupied by a residential use that are damaged or destroyed
may be rebuilt in accordance with the provisions for the R1-10, Low Density Single Family
Residential District contained in Chapter 18.10 RH, R1, R2 and R3 Residential Districts. The
rebuilding of a damaged or destroyed structure shall comply with the requirements of the
Uniform Building Code, or any other health or safety requirements imposed by local, state, or
federal law or regulation in effect at the time of rebuilding.
D. Any interpretation of the provisions of this section shall be heard and resolved by the
Planning Commission, subject to appeal to the City Council.
Page 5 of 5
shall be permitted and regulated under the requirements of the Low Density Residential land use
designation..." and that "light agricultural uses shall be permitted including the keeping of
animals with the approval of an Agricultural Overlay zoning designation".
SECTION 5. The Zoning Map is hereby amended to add the Floodplain Overlay
District and Agricultural Overlay District to the property shown on Exhibit 1 and attached
hereto.
SECTON 6. Chapter 18.77 entitled "Transitional Residential Uses and Structures" is
Page 2 of 5
bond meeting the requirements set forth
in the Subdivision Map Act shall be filed. In determining the amount of the bond, the
October 12, 2010
Page 72 of 74
that this provision is met to the satisfaction
October 12, 2010
Page70of74
al to the difference between the
amount it would have cost the subdivider to install such improvements to serve
the subdivision only and the actual cost of such improvements.
October 12, 2010
Page 65 of 74
October 12, 2010
Page 40 of 74
-25- December 14,2010
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