305 ORDINANCE NO. 305
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AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF GRAND TERRACE, CALIFORNIA, ADOPTED PURSUANT TO
GOVERNMENT CODE SECTION 65858 TEMPORARILY PROHIBITING
THE ESTABLISHMENT OR EXPANSION- OF OUTDOOR STORAGE
AND OUTDOOR MANUFACTURING USES IN THE COMMERCIAL
MANUFACTURING, RESTRICTED MANUFACTURING AND
INDUSTRIAL ZONE DISTRICTS
WHEREAS, the City of Grand Terrace ("City") adopted a zoning code, which has
been amended from time to time; and
WHEREAS, the Zoning Code, as it pertains uses in Commercial Manufacturing
(CM), Restricted Manufacturing (MR) and Industrial (M-2) zone districts, has not been
updated in several years;
WHEREAS, the City Council adopted a comprehensive General Plan on April 27,
2010, which. contains a Land Use Element that includes Industrial and Floodplain
Industrial land use designations;
WHEREAS, the General Plan Industrial land use designation is intended those.
uses that can be made compatible with other surrounding uses within the City regarding
noise, dust, odors, vibration„ glare, air quality, traffic, aesthetics, and hazardous
materials. Typical uses may include light manufacturing and assembly, small, scale
warehousing and distribution, research and development, and administrative and
service types of uses.
WHEREAS, properties within the Floodplain Industrial designation are planned
for ultimate development as light industrial, non-polluting uses similar to. the Light
Industrial designation, and where those proposed developments demonstrate that
adequate measures can be implemented to ensure that the proposed use is effectively
protected from identified flood hazards.
WHEREAS, state law requires that the City's Zoning Code (Title 18 of the Grand
Terrace Municipal Code) conform with the General Plan's goals and policies; and
WHEREAS, the public health, safety and welfare is fully. articulated in the City's
General Plan; and
WHEREAS, in order for the immediate protection of the public health, safety and
welfare, and pursuant to Government Code Section 65858, a moratorium is hereby
placed on the expansion of existing or establishment of outdoor storage and outdoor
manufacturing uses in the Commercial Manufacturing, Restricted Manufacturing and
Industrial zone districts in the City of Grand Terrace.
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_ WHEREAS, the City of Grand Terrace has not adopted a moratorium on ,the
expansion, establishment or operation of outdoor storage and outdoor manufacturing
uses prior to this urgency ordinance.
WHEREAS, Government Code Section 65858 provides for the adoption, as an
urgency measure, interim ordinances for certain expressed purposes and by a vote of
four-fifths (4/5) majority of the voting City Council members.
WHEREAS, this moratorium shall remain in effect for,forty-five (45) days and
may be extended, after notice and public hearing, for an additional ten (10) months and
fifteen (15) days.
WHEREAS, this urgency ordinance is based on the following facts:
1. The City of Grand Terrace has the authority, under its police power, to
enact regulations for the public peace, morals, and welfare of the City; and
2. Uses that include outdoor storage and outdoor manufacturing operations.
within the City of Grand Terrace present unique challenges to local
government because the Grand Terrace Municipal Code does not
adequately define or regulate these types of land uses. Manufacturing
uses, and some outdoor storage uses, such as contractor storage yards,
are permitted within certain 'zones but are not otherwise regulated. In the
absence of specific standards and zoning regulations pertaining to such
uses it is difficult to mitigate the secondary impacts generated by these
establishments, thus requiring a commitment of code enforcement
resources typically greater than other regulated retail establishments.
3. The establishment and operation of new outdoor storage uses and
outdoor manufacturing uses in the City, or the expansion of existing ones,
before the City can adopt land use regulations presents. a current and
immediate threat to the public health, safety and welfare. The lack of
regulations or lack of adequate regulations create a current threat to public
health, safety and welfare due to noise, traffic, air quality impacts
generated from outdoor storage and outdoor manufacturing activities.
4. City staff has received a number of inquiries, regarding these types of
uses, inconsistent with the General Plan, and given the regularity of such
inquiries anticipates submittal of development applications for such uses
in the future.
5. Until such time as the City institutes specific land use controls over
outdoor storage and outdoor manufacturing uses the community is at risk
that such businesses could be established, operated, -modified or
expanded prior to the adoptions necessary for the protection of public
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_ health, safety and welfare.
6. Government Code.Section 65858 allows cities to adopt an interim zoning
ordinance prohibiting any uses which may be in conflict with a
contemplated general plan, specific plan or zoning proposal which is in the
process of being considered by the Planning Agency, Planning
Commission, or legislative body; and
7. The City needs this interim urgency ordinance to (1) address the City's
concerns regarding the establishment and operation of outdoor storage
and outdoor manufacturing uses; (2) study the potential impacts that these
businesses may have on the public health, safety and welfare; (3) study
and determine what local regulations-may be appropriate or necessary for
these uses; (4) study and determine the appropriate zoning and location
for these uses; and (5) determine appropriate controls for the protection of
the public health and welfare.
8. The City's General Plan contains Goal 2.1 to provide for balanced growth
and maintenance of a healthy diversified community; Policies'2.3.5 and
2.4.4 to implement measures to reduce and prevent potential land use
incompatibility between commercial and industrial uses and other areas;
i- and Policies 2.4.1 and 2.4.2 to promote the development of light,
nonpolluting industrial use within the City.
9. For the.reasons set forth above, this Ordinance is necessary to preserve
the public health, safety and welfare and to avoid a current and immediate
threat to the health,safety and welfare of the community.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE DOES HEREBY ORDAIN AND ADOPT BY AT LEAST A FOUR-FIFTHS
VOTE THIS INTERIM ZONING AND URGENCY MEASURE PURSUANT TO
CALIFORNIA GOVERNMENT CODE SECTION 65858 AS FOLLOWS:
SECTION 1. The City Council finds that above Recitals are true and correct, and
per the above Recitals the Zoning Code appears to provide insufficient regulations
regarding outdoor storage and outdoor manufacturing uses in the Commercial
Manufacturing, Restricted Manufacturing and Industrial zone districts. in the City of
Grand Terrace.
SECTION 2. After the effective date of this ordinance, no permit or any other
applicable license or entitlement for use, including the issuance of a business license,
business permit, building permit, use permit or zoning text amendment shall be .
approved or issued for the expansion of existing, or the establishment of new outdoor
storage uses or outdoor manufacturing uses in the Commercial Manufacturing,
Restricted Manufacturing and Industrial zone districts in the City of Grand Terrace.
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New outdoor storage uses and activities or new outdoor manufacturing uses and
activities are hereby prohibited. Expansion shall also include any amendment to an
existing entitlement or permit.
Notwithstanding the provisions of the Grand Terrace Municipal Code, all land use
permit applications for expansions of or for new outdoor storage uses or outdoor
manufacturing uses, which have been received, but decisions have not been rendered
by the City as of May 23, 2017, are hereby suspended and the use prohibited within the
City of Grand Terrace for an initial period of 45 days from the effective date of this
ordinance pursuant to Government Code Section 65858
SECTION 3. DEFINITIONS. For .purposes of this ordinance, the following
definitions shall apply:
"Manufacturing, heavy" shall be as defined in Section 18.06.520 of the Grand
Terrace Municipal Code.
"Manufacturing, light" shall be as defined in Section 18.06.525 of the Grand
Terrace Municipal Code.
"Manufacturing, medium" shall be as defined in Section 18.06.530 of the Grand
Terrace Municipal Code.
"Outdoor storage" means an outdoor arrangement of objects, items, products,
equipment, vehicles or other materials, typically not in a fixed position and capable of
rearrangement.
"Outdoor manufacturing" means .activities that include compounding of
materials, assembly, fabrication, processing, packaging or repair processes.
SECTION 4. URGENCY CLAUSE. The City Council finds and declares that this
ordinance is required for the immediate protection of the public health, safety and
welfare as previously stated in this ordinance, and that this ordinance shall become
effective immediately upon its adoption and will continue in full force and effect until the
end of 45 days from its effective date unless its effectiveness is extended in,accordance
with Government Code 65858.
SECTION 5. ENVIRONMENTAL DETERMINATION. This Ordinance has been
reviewed for compliance with the California Environmental Quality Act (CEQA), the
CEQA guidelines, and the City's environmental procedures, and. has been found to be
exempt pursuant to Section 15061 (b)(3) (General Rule) of the CEQA Guidelines, in that
the City Council hereby finds that it can be seen with certainty that there is no possibility
that the passage of this Ordinance will have a significant effect on the environment.
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__- SECTION 6. INCONSISTENCIES. Any provision of the Grand Terrace Municipal
Code or appendices thereto that are inconsistent with the provisions of this Ordinance,
to the extent of such inconsistencies and no further, is hereby repealed or modified to
the extent necessary to effect the provisions of this Ordinance.
SECTION 7. HARDSHIP WAIVER. The moratorium established herein shall not
be applicable if a request for exception due to hardship, or other unique circumstances
that have arisen as a result of this ordinance is approved by the City Manager of the
City of Grand Terrace. Any request for exception shall be in writing and shall articulate
the reasons for the request. The request shall be filed with the City Clerk. The matter
shall be heard through a public hearing and may be appealed to the City Council for a
de novo public hearing. The waiver shall not be granted unless the requestor can
demonstrate the need for a waiver by clear and convincing evidence. A hardship waiver
shall not be unreasonably withheld.
SECTION 8. SEVERABILITY. If any provision or clause of this ordinance or the
application thereof to any person or circumstances is held to be unconstitutional or
otherwise invalid by any court of competent jurisdiction, such 'invalidity shall not affect
other provisions or clauses or applications of this ordinance which can be implemented
without the invalid provision, clause or application; and to this end, the provisions of this
ordinance are declared to be severable.
SECTION 9. PUBLICATION AND EFFECTIVE DATE. The City Clerk shall
certify to the adoption of this Ordinance and cause it to be published in a newspaper of
general circulation within the City of Grand Terrace, pursuant to all legal requirements.
This ordinance shall become effective immediately from and after its passage.
ATTEST:
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Debra L; Thomas, CMC Darcy c1labo
City-Clerk Mayor
Approved as to form:
Richard L. Adams, II
City Attorney
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�. STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
CITY OF GRAND TERRACE
I, DEBRA L. THOMAS, 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 23d day of.May, 2017, by the following
vote:
AYES: Council Members Reinarz, Hussey, Wilson, Mayor Pro Tern Robles,
Mayor McNaboe
NOES: None.
ABSENT: None.
ABSTAIN: None.
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Debra L. Thomas, City Clerk