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314 ORDINANCE NO. 314 �_j AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA APPROVING AN ADDENDUM TO THE CERTIFIED FINAL ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE GENERAL PLAN AND ADOPTING ZONING CODE AMENDMENT NO. 17-03, REVISING TITLE 18 OF THE MUNICIPAL CODE BY ADDING CHAPTER 18.56 TO ESTABLISH THE AGRICULTURAL-2 (AG-2) OVERLAY DISTRICT, AND ZONE CHANGE 17-01, REVISING THE OFFICIAL ZONING MAP TO APPLY THE AG-2 OVERLAY TO CERTAIN PROPERTIES WHEREAS, pursuant to Section 65300 of the State Planning and Zoning Law (Division 1 Title 7 of the California Government Code) on April 27, 2010, the City of Grand Terrace adopted Resolution 2010-10 adopting a General Plan to provide comprehensive, long-range planning guidelines for future growth and development which incorporates the following nine elements: Land .Use, Circulation, Open Space and 'Conservation, .Public Health and Safety, Noise, Public Services, Housing, and Sustainable Development. Each element of the General Plan provides Goals, Programs, and Policies as required by State Law; and 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, Zoning Code Amendment 17-03 and Zone Change 17-01 propose to amend the Zoning Ordinance and Zoning Map to provide additional opportunities for light agricultural production in the city; WHEREAS, a Final Environmental Impact Report("FEIR")was certified by the City Council on April 27, 2010, for the General Plan Update, and pursuant to Section 15164 of the California Environmental Quality Act(CEQA) Guidelines, an Addendum to the FEIR has been prepared for Zoning Code Amendment 17-03 and Zone Change 17-01. The Addendum has determined that none of the conditions requiring a subsequent EIR or Negative Declaration exists; and WHEREAS, on October 19, 2017 and November 16, 2017, the Planning Commission conducted a duly noticed public hearing on Zoning Code Amendment 17-03 and Zone Change 17-01 at the Grand Terrace Council Chambers located at 22795 Barton Road, Grand Terrace, California 92313 and concluded the hearing on November 16, 2017; and Ordinance No. 314 Page 1 of 9 March 27, 2018 WHEREAS, the Planning Commission adopted a Resolution recommending City Council approval of Zoning Code Amendment 17-03 and Zone Change 17-01, and further recommended that in their deliberations that the City Council determine the appropriate lot size requirements contemplated in Zoning Code Amendment 17-03; and WHEREAS, on December 12, 2017 and January 23, 2018, the City. Council conducted duly noticed public hearings on Zoning Code Amendment 17-03 and Zone Change 17-01 at the Grand Terrace Council Chambers located-at 22795 Barton Road, Grand Terrace, California 92313 and concluded the hearing on.January 23, 2018; and WHEREAS, on March 13, 2018, the City Council conducted duly noticed public hearing 'on Zoning Code Amendment 17-03 and Zone Change 17-01 at the Grand Terrace Council Chambers located at 22795 Barton Road, Grand Terrace, California 92313 and concluded.the hearing on said date; and WHEREAS, the City Council conducted second reading of this.Ordinance at a regularly scheduled public meeting on March 27, 2018 at the Grand Terrace Council Chambers located at 22795 Barton Road, Grand Terrace, California 92313; 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 finds that the Addendum to the General Plan FEIR prepared for Zoning Code Amendment 17-03 and Zone Change 17-01 satisfies the requirements of CEQA because: A. No substantial changes are proposed in the project which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; B. No substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and C. No new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified shows that: (1) The project will have one or more significant effects not discussed in the previous EIR; (2) Significant effects previously examined will be substantially more L = severe than shown in the previous EIR; Ordinance No. 314 Page 2 of 9 March 27, 2018 (3) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the'project, but the project proponents decline to adopt the mitigation measure or alternative; or (4) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects,on the environment, but the project proponents decline to adopt the mitigation measure or alternative. The Addendum reflects the independent judgment of the City Council. SECTION 2. The proposed Zoning Code amendment and zone change 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 they promote land uses that are compatible with both the existing topography and land use patterns in the vicinity. Specific provisions of the proposed regulations, such as the maximum number of animals per parcel, minimum setbacks, required screening, and prohibited uses, are intended to minimize adverse impacts on adjacent properties that could result from agricultural uses. Further, the proposed amendment will not alter the existing Floodplain Overlay zoning regulations on the .subject property, which serve to mitigate flood hazards. SECTION 3. The proposed Zoning Code amendment and zone change will be consistent with the General Plan in that the property to be rezoned is designated Floodplain Industrial in the Land Use Element, which is intended for light industrial and light agricultural uses with rural residential use also allowed. SECTION 4. Based on the findings and conclusions set forth above, this City Council adopts the FEIR Addendum prepared for the Project and adopts an ordinance amending the Zoning Code by adding Chapter 18.56 (Agricultural -2 Overlay District) to Title 18 of the Grand Terrace Municipal Code and revising the Zoning Map related to the Agricultural-2 Overlay District, as shown on Exhibits 'A and B (highlighted in yellow), attached hereto. 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. Ordinance No. 314 Page 3 of 9 March 27, 2018 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 of the City of Grand Terrace held on the 13th day of March 2018. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Grand Terrace at a regular meeting held on the 27th day of March 2018. Darcy N o Ma or ATTEST: Debra Thomas City Clerk APPROVED AS TO FORM: ichard L. Adams, II City Attorney t Ordinance No. 314 Page 4 of 9 March 27, 2018 Exhibit A Zoning Code Amendment 17-03 CHAPTER-18.56 (AGRICULTURAL-2 OVERLAY DISTRICT) OF TITLE 18 IS ADDED AS FOLLOWS: Chapter 18.56 —AGRICULTURAL-2 OVERLAY DISTRICT (AG-2) 18.56.010 - Purpose. The purpose of the Agricultural-2 Overlay (AG-2) district is to permit limited commercial agricultural uses with single-family residential as an accessory use to support the commercial agricultural uses. In order to ensure a quality living environment and to protect the public health, safety and general welfare, this chapter establishes certain regulations regarding the type, size, number and location of such agricultural uses permitted in the overlay district. The regulations contained in this chapter are in-addition to the regulations of the underlying district. In the case of a conflict between the regulations of the overlay district and the underlying district, the regulations of the overlay district shall prevail. The contents of this chapter shall in no way be interpreted to relax any of the requirements of the San Bernardino County health code as adopted by the city. 18.56.020 - Permitted uses. Uses permitted in the AG-2 Overlay District are as follows: A. Temporary uses which are determined by the community development director not to have significant long-term impact on the environment. (Uses such as parking lot sales, Christmas tree sales, seasonal sales, rummage sales, and others with review through the land use approval or administrative site and architectural approval process in accordance with Chapter 18.63, Site and Architectural Review.) 18.56.030 - Conditionally permitted uses. Uses permitted in the AG-2 Overlay District with a conditional use permit are as-follows: A. Animal keeping and boarding. All animals, excepting household pets, shall be kept at a minimum distance of seventy (70) feet from any structure or area used for human habitation or public assembly (e.g. parks, churches, etc.) on adjoining property. The area of human habitation shall not include cabanas, patios, attached or detached private garages or storage buildings.,The combined total number of animals kept on any one site shall not exceed the maximum number and combination of animals allowable as identified in Table 18.56.030. B. Apiaries, provided that no hives or boxes housing bees are kept closer than two hundred (200) feet from any dwelling other than that occupied by the property owner. Ordinance No. 314 Page 5 of 9 March 27, 2018 C. Orchards, groves, nurseries, field crops, tree crops, berry crops, bush crops,truck gardening and commercial flower growing, including the drying, packing, canning, � ) freezing, or other acceptable methods of processing of fruits, nuts, vegetables and other horticultural products where-such processing is primarily in conjunction with a farming operation and the structures used for such processing are located at least twenty (20) feet.from the property line. D. Sale of fruit, vegetables, produce and flowers and other similar products grown on the property; provided, however, that roadside stands used for such sales shall not exceed two hundred fifty (250) square feet. E. Riding stables and academies; provided that the minimum lot size for such.uses shall be not less than five (5) acres, and that all buildings for the housing, feeding, or rental of such animals shall be at least one hundred (100)feet from any property line, and five hundred (500)feet from any residential zone, church, school, park or hospital. F. Sheep grazing only for the purpose of clearing unharvested crops or.stubble, with no Limit on the number of animals, for a period not exceeding thirty (30) days in any six-month period. Special application for such temporary grazing shall be made in writing, and approved by the Planning Director prior to commencement. G. Single-family residences, provided that such use is ancillary to a commercial agricultural use, and that residential uses and structures, including accessory residential uses and structures, do not occupy more than twenty-five (25) percent of the site area. H. Accessory Structures and Uses. Private garages used by persons residing on the premises, cabanas, laundry rooms, workshops, stables, barns, tack rooms, pens, corrals, and similar animal keeping/ agricultural structures, provided these . structures shall not be used as a habitable dwelling or space, as defined by the adopted Uniform Building Code. Approval shall be through a minor conditional use permit review. I. Other uses which are determined by the City Council to be similar in nature to a use listed in this section. TABLE 18.56.030 Maximum Minimum Site Number Type of Animal Area per Animal of i or Use Animals j (square feet) (per parcel) Poultry 25 per acre 100 Cattle or buffalo 6,000 - Horses, mules, donkey or pony 6,000 - j Fish raising 1 pond/acre - Ordinance No. 314 Page 6 of 9 March 27, 2018 Maximum pond 1 size = Y2 lot �i area and maximum 4 ponds per parcel Hogs 12,000 - Sheep, female goats and similar livestock 4,000 !Adult male goats - 1 Rabbits and chinchillas 200 200 Ostriches, emus, alpacas, llamas 4,000 - Notes: 1. Young animals born to a permitted animal may be kept until such animals are weaned (cats and dogs: four months, large !animals: six months, horses: twelve months). 18.56.040 - Prohibited uses A. Commercial composting facilities B. Commercial recycling facilities C. Animal slaughtering 18.56.050 — Existing Legal Non-Conforming Residential Uses. Existing legal nonconforming residential uses on Assessor Parcel Numbers 0275-191- 58 and 0275-191-43 may continue; pursuant to Chapter 18. 76 Non-Conforming Uses and Structures. Animal keeping shall be pursuant to the provisions of Chapter 18.53 Agricultural Overlay District. 18.56.060 - Site development standards. Animal keeping areas shall be limited to portions of the lot with no more than a four percent (4%) grade. Other site development standards in the AG-2 Overlay District are as follows: Development Issue Standard Lot Area . (minimum) 1 acre Lot Width 150 (Minimum linear feet) Ordinance No. 314 Page 7 of 9 March 27, 2018 Lot Depth 200 (Minimum linear feet) Setbacks (Minimum linear feet) j front yard 40 rear yard 35 side yard (interior lot) 20 side yard (corner lot) 20 . Height (primary structure) (maximum linear feet) 35, Building Lot Coverage (maximum percent, less the required parking; setbacks, and 40 landscaping) 18.56.070 — Standards for Accessory Buildings A. Accessory buildings shall,not occupy.more than ten percent (10%) of the rear yard. B. Accessory buildings shall be a minimum of fifteen feet (15 ft.) from the main buildings C. Accessory buildings shall be located no closer to the side and rear property lines than: 1. Ten (10) feet for one-story nonresidential accessory buildings 2. Fifteen (15) feet for two-story nonresidential accessory buildings and one- or two-story buildings used for residential purposes. 18.56.080 — Screening and trash enclosures. A. Trash storage areas shall be enclosed by a wall not less than six feet in height. If unroofed, no such area shall be located within 40 feet of any district zoned for residential use. B. All outdoor animal uses and/or animal enclosures shall be screened in a manner determined by the City.Council in consideration of the type of animals being kept'. 18.56.090 - Off-street parking. The number of off-street parking spaces-shall be determined by the City Council as part of the conditional use permit. The provisions of Chapter 18.60 shall apply in determining the size and location of required parking spaces. 18.56.100 - Signs. Signs in the A-1 district shall be limited to one unlighted sign per site not exceeding twelve (12) square feet pertaining to products offered for sale on the premises. Ordinance No. 314 Page 8 of 9 March 27, 2018 • ••• • • - ' ` • • - • • ••• • • - ' �` _, • - .two � �r.v • ...e ��•a>�t.'r.�•1c�.fv +6.ay., A Y� lie J jay r,RM 79f 7XI,b-=:9? T)3 Oki t IN 0, c1,, ,I�ff� � $p� �a J},{� �: ;•}+�{'.� ,.'p(�`�', �� ^ tea' `X t , �,y'''" " h ir 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. 314 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 27th day of March 2018, and that the same was passed and adopted by the following vote: AYES: Council Members Hussey, Henderson; Mayor Pro Tem Robles, Mayor McNaboe NOES: None. ABSENT: Council Member Wilson ABSTAIN: None. \� Executed this 28th day of March 2018, at Grand Terrace, California. Deb L. Thomas, City Clerk [S EAL] -