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298 ORDINANCE NO. 298 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE APPROVING AN ADDENDUM TO THE CERTIFIED FINAL ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE GENERAL PLAN AND ADOPTING ZONING CODE AMENDMENT 16-01 REVISING TITLE 18 OF THE MUNICIPAL CODE AND ZONE CHANGE 16-01 REVISING THE ZONING MAP IN CONFORMANCE WITH THE GENERAL PLAN HOUSING ELEMENT AND LAND USE ELEMENT 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; WHEREAS, the Housing Element establishes programs that call out certain amendments to be made to City's General Plan and Zoning regulations, including Programs 2, 12 and 13 calling for zoning amendments to facilitate development of housing for all economic segments of the community and housing for persons with special needs; 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, Zone Change 16-01 and Zoning Code Amendment 16-01 propose to amend the Zoning Ordinance and Zoning Map to expand housing opportunities for all economic segments of the community and reduce constraints on the provision of housing for persons with special needs in conformance with Programs 2, 12 and 13 of the Housing Element; 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 General Plan Amendment 16-01, Zone Change 16-01 and Zoning Code Amendment 16-01. The Addendum has determined that none of the conditions requiring a subsequent EIR or Negative Declaration exist; WHEREAS, on April 21, 2016, the Planning Commission conducted a duly noticed public hearing on Zone Change 16-01 and Zoning Code Amendment 16-01 at the Grand Terrace Council Chambers located at 22795 Barton Road, Grand Terrace, California 92313 and voted 4- ORDINANCE NO. 297 PAGE 1 OF 14 OCTOBER 11, 2016 0 to recommend that the City Council adopt Zoning Code Amendment 16-01 and Zone Change 16-01; WHEREAS, on June 28, 2016, and September 27, 2016, the City Council conducted duly noticed public hearings on Zone Change 16-01 and Zoning Code Amendment 16-01 at the Grand Terrace Council Chambers located at 22795 Barton Road, Grand Terrace, California 92313 and at the conclusion of that hearing introduced this Ordinance; WHEREAS, the City Council conducted second reading of this Ordinance at a regularly scheduled public meeting on October 11, 2016 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, it is hereby found, determined, and resolved by the City Council of the City of Grand Terrace, as follows SECTION 1. The City Council hereby finds that the Addendum to the General Plan FEIR prepared for Zoning Code Amendment 16-01 and Zone Change 16-01 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 that would show that any of the following exists: (i) The project will have one or more significant effects not discussed in the previous EIR; (ii) Significant effects previously examined will be substantially more severe than shown in the previous EIR; (iii) 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 (iv) 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. ORDINANCE NO. 297 PAGE 2 OF 14 OCTOBER 11, 2016 SECTION 2. The proposed zoning amendments 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 amendments or injurious to property or improvements in the neighborhood or within the city because the proposed zoning amendments will promote variety in housing types available to different economic segments of the community and reduce constraints on the provision of housing for persons with special needs. SECTION 3. The proposed zoning amendments are consistent with the General Plan. Zoning Code Amendment 16-01 implements Housing Element Programs 2, 12 and 13, which are intended to facilitate development of housing consistent with the City's share of regional housing needs and reduce potential constraints on the provision of housing for persons with special needs. SECTION 4. The Official Zoning Map is revised to re-zone the property located at 21882 Grand Terrace Road,referred to as Assessor's Parcel Number 0275-223-12, and shown on Exhibit 1, attached hereto, from R2-Low-Medium Density Residential to R3-24 High Density Residential. SECTION 5. The Official Zoning Map is revised to place the R3-24 Overlay District on the properties located at 21850 and 21860 Grand Terrace Road, referred to as Assessor's Parcel Numbers 0275-223-59 and 0275-223-60, and shown on Exhibit 1, attached hereto. The base zoning designation for these properties shall remain R2 Low-Medium Density Residential. SECTION 6. Sections 18.06.295, 18.06.908 and 18.06.927 of Chapter 18.06 (Definitions) of Title 18 are amended to read as follows: "18.06.295 -Family "Family" means an individual or two or more persons living together as a single housekeeping unit." 18.06.908—Supportive Housing "Supportive Housing"means housing with no limit on the length of stay, that is occupied by the target population, and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible work in the community. "Target population" means persons with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings,veterans, and homeless people. Supportive housing is a residential use of property subject only to those restrictions that apply to other residential dwellings of the same type in the same zone." ORDINANCE NO. 297 PAGE 3 OF 14 OCTOBER 11, 2016 18.06.927—Transitional Housing "Transitional Housing" means buildings configured,as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time that shall be no less than six months from the beginning of the assistance. Transitional housing is a residential use of property subject only to those restrictions that apply to other residential dwellings of the same type in the same zone." SECTION 7. Section 18.09.020 of Chapter 18.09 (Districts and Map) of Title 18 is amended to read as follows: "Section 18.09.020 Districts Established: The following zoning districts are established: RH Hillside Residential District R1-20 Very Low Density Single Family Residential District R1-10 Low Density Single Family Residential District R1-7.2 Single Family Residential District R2 Low Medium Density Residential District R3 Medium Density Residential District R3-S Multiple Family Senior Citizen R3-20 Medium High Density Residential District R3-24 High Density Residential District BRSP Barton Road Specific Plan District AP Administrative Professional Office District C2 General Business District CM Commercial Manufacturing District MR Restricted Manufacturing District M2 Industrial District PUB Public Facilities District FP Floodplain Overlay District y AG Agricultural Overlay District R3-24 High Density Residential Overlay District" SECTION 8. Subsections H and I of Section 18.10.020 of Chapter 18.10 (Residential Districts) of Title 18 are amended to read as follows: "H. R3-20, Medium High Density Residential District. This district is intended for higher density multiple family development, which may include affordable housing. The minimum lot size is 12,000 square feet with a maximum density of 20 units per acre. I. R3-24, High Density Residential District: This district is intended for high density multiple family development, which may include affordable housing. The minimum lot size is 12,000 square feet with a minimum density of 20 units per acre and a maximum density of 24 units per acre." ORDINANCE NO. 297 PAGE 4 OF 14 OCTOBER 11, 2016 SECTION 9. Section 18.10.030 of.Chapter 18.10 (Residential Districts) of.Title 18 is.revised:by amending Table.18.10.03.0 to read as follows: "TABLE 18.10.030 Land.Use Regulations R3-20/ Permitted Uses RH R1-20 R1-,10 R1.-7.2 R2 R3 R3-S R3-24 A. Residential Uses g y( ) a::.. b Single Family(Detached), Full Sized P: P ::.. P:: .. P - P P Single Family(Attached) P P .(Duplexes, Triplexes, and - P Tourplexes Multiple Family i7riits = - P P - - P. Manufactured Housing P P P P P P (As Permitted Per Chapter 18.66) Mobile Home Park _ .. _ _ C Senior Citizen Housing 'Pa P B: Residential Accessory Structures Accessory Structure P .I. P. :P :. ._ P P - P Pd P Second Family Unit P P P P P P - - (As Permitted-Per Chapter 18.63) Guest House - . Private Garage P P P P. P P -P Private Swimming Pool P P P " P P . P Pd P Home.occupation .. P::. P::. P:.:. P d P As Permitted Per Chapter 5.06) P P ..... P Keeping of Cats and Dogs d Maximum of Two 2 Each P P P P P : P P P Other Accessory Uses P P P P P P Pd P (As Approved by the.PlanningDirector) ORDINANCE N0. 297 PAGE 5 OF 14 OCTOBER 11, 2016 C. Other Uses Churches C C C C C C (Minimum Three-Acre Parcel) - Schools C C C C C C - - Private and Parochial Public Park and Playground P P P P P P - - Public Facilities C C C C C C (And Quasi-Public) - Family Day Care P P P P P P (Eight(8) or Less Children) - Family Day Care Center C C C C C C - (Nine 9 or More Children) - Residential Care Facility P P P P P P P P (Six (6) or Less Persons Residential Care Facility (Seven(7) or More Persons)f C C - - Single Room Occupancy C C - - Utility or Service Facility C C C C C C - - Outdoor Recreation-Facility- C C C C C C - - D. Temporary uses Temporary Uses P P P P P P Pd P (As approved by Planning Director) Temporary Trailers P P P P P P Pd P (As Approved by Planning Director) (no change to footnotes)" C'`�'NANCE NO. 297 PAG'J`. OF 14 OCTOBER 11, 6 SECTION 10. Section 18..1.0.040 of.Chapter 18.10 (Residential Districts) of Title 18•is,revised.by amending Table.18.10.040 to read:as follows: "TABLE 18:10.040 Site Development'Standards ....... ..... DEVELOPMENT ISSUE RH R1-20 R1-10 R1-72 R2' R3 R3-S R3-20 R3-24 Area (Minimum:square feet) a 20,000 1.0,000 7,200 10,000 12,000 g 12,000 12,000 Width (Minimum linear:feet) ....... Interior Lot . a 100 60. ...60.. 60. 60 g 60. 60: _ .. .. _ * Corner Lot a 100 70 70 :: 70 : 70 70 70 Lot Depth (Minimurn linear:feet) a ... 150: 100 100 100 100 g 100 100 Street Frontage:.(Minimum.linear feet) a 50 40 40 40 40 40 40 g Setbacks (Minimum linear feet) ■ Front Yard. a 25 b 25 b 25 b 25 b 25 b 25 b 25 b,. Rear Yard _ a 35 b 35 b 20 b 20 b 20 b 20 b .. 20 b Side Yard - Interior Lot.... a b b li' b b b b g With Garage 10 10. 10 10 -: 10 10 10 . Without Garage a ...5 b .5 b 5 b 5 b job job 10 b.. - Corner Lot: . .. a b b b b b b:.. b Street side 15 15 15 . 15... 15.. 15 15 No Street side _ a 5 5 5 5 10 10 10 Density (Allowable dwelling units per a.: 1 2 1 4 1 5 1 9 1 12 CMax: 20 13 20 20 24 acre) _ Living.Area(Minimum square feet) * Single Family.. _a 1,350d 1,350d 1,350d .1;350d ...113SOd * Duplex, Triplex, Four-plex g g 9: . and Multiple Family:: - One(1) Bedroom - - - - 800 d 800 a -Two (2) Bedroom 1,000 1,000 Height (Maximum linear feet) :35 a e e 35 35 35 e - Lot Coverage (Maximum,percent) _ 40 ... 50 5 a ,0 60 60 g 60 . .. 60 . .. ORDINANCE NO. 297 . PAGE 7 OF 14 OCTOBER 11, 2016 SECTION 11. Chapter 18.48 (R3-24 Overlay District) is added to Title 18 to read as follows: "Chapter 18.48—R3-24 OVERLAY DISTRICT 18.48.010—Purpose The purpose of the R3-24 overlay district is to permit multi-family housing at a density of 20 to 24 units per acre as an optional alternative to the base zoning district to facilitate the production of affordable housing. At the option of the property owner, the regulations contained in this chapter may supersede the regulations of the base district. 18.48.020—Applicability a. The provisions of this chapter shall be applied only at the request of the property owner for any site with the R3-24 Overlay designation on the Official Zoning Map when the development includes a legally binding commitment to provide at least five percent of units that are affordable to very-low-income households as defined in Section 50105 of the Health and Safety Code, or at least ten percent of units that are affordable to lower-income households as defined in Section 50079.5 of the Health and Safety Code. b. All affordable housing units must be dispersed within the development whenever feasible. Affordable housing units must be comparable with market-rate units in design, appearance, materials, and finish quality. c. All affordable housing units must be constructed concurrently with, and made available for qualified occupants at the same time as, the market-rate housing units within the development, unless the Affordable Housing Agreement provides an alternative schedule for development. 18.48.030—Development Regulations Development applications in the R3-24 Overlay district shall comply with the same regulations as apply for the R3-24 district as established in Chapter 18.10. 18.48.040—Review Procedures Development applications in the R3-24 Overlay district shall be processed as an Administrative Site and Architectural Review Application pursuant to Section 18.63.020.C. 18.48.050—Affordable Housing Agreement and Covenant Prior to issuance of any building permit for a development exercising the R3-24 Overlay option, the applicant shall enter into an Affordable Housing Agreement establishing a minimum duration of affordability for the housing units as provided by Government Code § 65915(c)(1) and record a covenant on the title, all in a manner acceptable to the City Attorney. ORDINANCE NO. 297 PAGE 9 OF 14 OCTOBER 11, 2016 18.48.060—Processing Fee The applicant shall reimburse the City for its reasonable costs of processing an Affordable Housing Agreement." SECTION 12. Section 18.60.030.A.2 of Chapter 18.09 (Districts and Map) of Title 18 is amended to read as follows: "2. Multiple-family dwellings: a. One parking space for each studio or efficiency unit. b. Two parking spaces for each one, two or three bedroom unit. C. Three parking spaces for each four bedroom unit or more. d. At least one space shall be located within a garage or carport, and all required spaces shall be located within 150 feet of the unit being served. e. Guest parking shall be provided at a ratio of 0.25 spaces for each residential unit, and shall be rounded up to the next whole number. f. Guest parking: (i) Shall be identified as "Guest Parking"; (ii) Shall not be used for the storage of recreational vehicles, boats, trailers or other similar items; (iii) Shall be located on the same parcel of land as the residential units and shall be within reasonable walking distance of said units; (iv) May be uncovered spaces; and (v) May be located on a private street within the site or in a common parking area." SECTION 13. Subsection C of Section 18.63.020 of Chapter 18.63 (Site and Architectural Review) of Title 18 is amended to read as follows: "C. Administrative Site and Architectural Review Application. The purpose of this application is to allow staff level review of projects of medium scale and impact without the need for a public hearing,related costs and noticing procedures. The following item may be approved by the planning director without going to the site and architectural review board. However, the plans must be routed to all reviewing agencies and notices shall be mailed to adjacent property owners requesting comments within two weeks. The planning director's decisions shall be final unless appealed to the planning commission within ten calendar days. Appeals shall be filed with the planning department and follow similar rules as the appeals to the city council (Section 18.63.070). ORDINANCE NO. 297 PAGE 10 OF 14 OCTOBER 11, 2016 1. All accessory structures, except: a. Structures with sixty-five percent or more of the square footage of the main residence living area. Living area does not include porches, patios, carports, garages, storage areas, or auxiliary rooms, b. Structures one thousand two hundred square feet or more in size, C. Structures with lot coverage higher than twenty-five percent; 2. All room additions, except room additions with sixty-five percent or more of the square footage of the main residence living area. Living area does not include porches, patios, carports, garages, storage areas, or auxiliary rooms; 3. Large scale temporary uses of insignificant adverse impact on the environment, i.e., parking lot sales which require review by fire, health and other agencies; 4. In case of damaged structures due to fire, earthquakes or other natural disasters where the structure will be reconstructed with alterations but not sufficient to trigger a public hearing. 5. Developments within the R3-24 and R3-24 Overlay districts. Such developments shall not constitute a "project" for purposes of Division 13 (commencing with - Section 21000) of the Public Resources Code." SECTION 14. Section 18.82.020 of Chapter 18.82 (Standards for Specified Land Uses and Activities) of Title 18 is amended to read as follows: "Section 18.82.020—Single Room Occupancy Facilities A. In addition to the requirements for a Conditional Use Permit and Section 18.82.010 (Residential Care Facilities) single room occupancy uses shall comply with the following; 1. Occupancy. No more than one (1) federal, state or youth authority parolees shall be allowed to live in the single room occupancy facility. 2. Number of Occupants. The California Building Code shall determine the number of occupants in single room occupancy facility. _ 3. Application. The Conditional Use Permit application submitted=for the_- use shall identify whether any tenants are currently federal, state or youth_-authority-parolees.---- Owners and or operators of approved single room occupancy facilities:.shall update the information required by this section anytime a person that is a federal, state or youth authority parolee is provided accommodations at a single room occupancy facility. 4. Crime prevention program. The operator of a single room occupancy facility shall require tenants to sign a crime free lease addendum as part of their lease or rental agreement. A sample crime free lease addendum shall be provided by the City. The crime free ORDINANCE NO. 297 PAGE 11 OF 14 OCTOBER 11, 2016 lease addendum shall provide that any criminal violations perpetrated by tenants shall be grounds for termination of the written or oral lease sublease or agreement under which they reside at the transitional facility. 5. Crime free multi-housing program. The facility's management shall participate in any formal residential crime prevention program (i.e., Crime Free Multi-Housing Program) provided by the City or the County of San Bernardino and as required under the conditional use permit. If the program offers certification then that certification shall be obtained and maintained in current status. 6. Compliance. Single room occupancy facilities shall be in compliance with all requirements of the Grand Terrace Zoning Code and their approved Conditional Use Permit at all times. Violation of any local, state or federal laws by individual tenants while on the premises shall be grounds for revocation of the permit, including but not limited to, violations of California Penal Code § 3003.5. 7. Nuisance. No single room occupancy facility shall be maintained as a nuisance. 8. Revocation. Violations of any of the provisions in this section or the approved Conditional Use Permit authorizing the single room occupancy facility shall be grounds for revocation. The procedures for revocation contained in Chapter 18.83 of this Title shall be followed." SECTION 15. 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 16. This ordinance shall take effect thirty days from the date of adoption. SECTION 17. First read at a regular meeting of the City Council held on the 271h day of September, 2016 and finally adopted and ordered posted at a regular meeting of said City Council on the 1 lth day of October, 2016. ATTEST: Pat J ar -7/ jarcyjcNa oe City Clerk . ORDINANCE NO. 297 PAGE 12 OF 14 OCTOBER 11, 2016 I, Pat Jacquez-Nares, City Clerk of the City of Grand Terrace, do hereby certify that the foregoing Ordinance was adopted at a regular meeting of the City Council of the City of Grand Terrace held on the 11th day of October, 2016,by the following vote: AYES: Council Members Hussey, Wilson, Mitchell, Mayor Pro Tern Robles, Mayor McNaboe NOES: None ABSENT: None ABSTAIN: None P. cqu jNs City Clerk l Approved as to form: Richard L. Adams, II City Attorney ORDINANCE NO. 297 PAGE 13 OF 14 OCTOBER 11, 2016 Exhibit 1 - - Amend the Official Zoning Map to re-zone the property located at 21882. Grand Terrace Road(APN 0275-223-12) from R2-Low-Medium Density Residential.to R3-24 High Density Residential;:and Amend the official Zoning Map by placing the R3-24 High Density Residential Overlay District on.:the properties;located at 21850 and 21860 Grand Terrace Road (APNs 0275-223- 59 and 0275-223,-60); Re-zone from R2 to R3-24 = r r T Apply R3-24 High Density Residential Overlay District 71 �U r _- 1 AiRr ORDINANCE NO..297 PAGE 14 OF 14 OCTOBER 11, 2016