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06-16-2022 CITY OF GRAND TERRACE CITY COUNCIL & PLANNING COMMISSION/SITE AND ARCHITECTURAL REVIEW BOARD AGENDA16, 2022 Council ChambersJoint Special Meeting Workshop/Regular Meeting6:30 PM COMMENTS FROM THE PUBLIC The public is encouraged to address the Planning Commission/Site & Architectural Review Board on any matter posted on the agenda or on any other matter within its jurisdiction. If you wish to address the Planning Commission/Site & Architectural Review Board, please complete a Request to Speak Card and hand it to the City Clerk. Speakers will be called upon by the Chair at the appropriate time and each person is allowed three (3) minutes speaking time. If you would like to participate telephonically and speak on an agenda item, you can access the meeting by dialing the following telephone number and you will be placed in the waiting room, muted until it is your turn to speak: 1-669-900-9128 Enter Meeting ID: 880 2445 1542 Password: 499180 The City wants you to know that you can also submit your comments by email to ccpubliccomment@grandterrace-ca.gov. To give the City Clerk adequate time to print out your comments for consideration at the meeting, please submit your written comments prior to 5:00 p.m.; or if you are unable to (909) 824-6621 x230by 5:00 p.m. If you wish to have your comments read to the Planning Commission/Site & Architectural Review Board during the appropriate Publ the item number you wish to comment on. Comments that you want read to the Planning Commission/Site & Architectural Review Board will be subject to the three (3) minute time limitation (approximately 350 words). Pursuant to the provisions of the Brown Act, no action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The Planning Commission/Site & Architectural Review Board may direct staff to investigate and/or schedule certain matters for consideration at a future Planning Commission/Site & Architectural Review Board meeting. PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall, 1st Floor Lobby Area and 2nd Floor Reception Area www.grandterrace-ca.gov. For further information regarding agenda items, please contact the office of the City Clerk at (909) 824-6621 x230, or via e-mailat dthomas@grandterrace-ca.gov. Any documents provided to a majority of the Planning Commission/Site & Architectural Review Board regarding any item on this agenda will be made available for public insp website at www.grandterrace-ca.gov. AMERICANSWITH DISABILITIES ACT In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the -6621 x230 at least 48 hours prior to the advertised starting time of the meeting. This will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Later requests will be accommodated to the extent feasible. City of Grand TerracePage 1 Agenda Grand Terrace City Council & Planning Commission/Site and Architectural Review Board June 16, 2022 CALL TO ORDER Convene the Special Meeting Workshop of the City Council and Planning Commission/Site and Architectural Review Board. PLEDGE OF ALLEGIANCE ROLL CALL Attendee Name Present Absent Late Arrived Mayor Darcy McNaboe Mayor Pro Tem Bill Hussey Council Member Sylvia Robles Council Member Doug Wilson Council Member Jeff Allen Chairman Edward Giroux Commissioner Tara Ceseña Commissioner David Alaniz PUBLIC COMMENT This is the opportunity for members of the public to comment on items on the agenda only. At a special meeting of the City Council and Planning Commission, pursuant to California law, the City Council and Planning Commission will only be taking public comment on items listed on the agenda. A.PRESENTATIONS 1. Joint City Council and Planning Commission/Site and Architectural Review Board Workshop Presentation and Discussion Regarding Objective Design Standards for Multi-Family Housing and Mixed Use Developments RECOMMENDATION: 1. That City Council and Planning Commission/Site and Architectural Review Board (first) receive a presentation regarding Objective Design Standards (ODS) and (second) discuss and provide feedback to Staff on the proposed Draft Objective Design Standards DEPARTMENT: PLANNING & DEVELOPMENT SERVICES City of Grand Terrace Page 2 Agenda Grand Terrace City Council & Planning Commission/Site and Architectural Review Board June 16, 2022 ADJOURN Adjourn the Special Meeting Workshop of the City Council and Planning Commission/Site and Architectural Review Board. CALL TO ORDER Convene the Regular Meeting of the Planning Commission and Site and Architectural Review Board. ROLL CALL Attendee Name Present Absent Late Arrived Chairman Edward Giroux Commissioner Tara Ceseña Commissioner David Alaniz APPROVAL OF AGENDA PUBLIC ADDRESS Public address to the Commission shall be limited to three minutes unless extended by the Chairman. Should you desire to make a longer presentation, please make written request to be agendized to the Director of Planning and Development Services. This is the opportunity for members of the public to comment on any items not appearing on the regular agenda. Because of restrictions contained in California Law, the Planning Commission may not discuss or act on any item not on the agenda, but may briefly respond to statements made or ask a question for clarification. The Chairman may also request a brief response from staff to questions raised during public comment or may request a matter be agendized for a future meeting. B.CONSENT CALENDAR 2. Approval of Minutes Regular Meeting 03/03/2022 DEPARTMENT: CITY CLERK City of Grand Terrace Page 3 Agenda Grand Terrace City Council & Planning Commission/Site and Architectural Review Board June 16, 2022 3.Approval of Minutes Regular Meeting 05/19/2022 DEPARTMENT: CITY CLERK C.ACTION ITEMS None. D.PUBLIC HEARINGS 1. Art in Public Places Ordinance RECOMMENDATION: Adopt a RESOLUTION OF THE PLANNING COMMISSION/SITE AND ARCHITECTURAL REVIEW BOARD OF THE CITY OF GRAND TERRACE CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL MAKE A DETERMINATION THAT ZONING CODE AMENDMENT 22-04 IS EXEMPT FROM CEQA PURSUANT TO SECTION 15061(b)(3) AND RECOMMENDING THE CITY COUNCIL ADOPT AN ORDINANCE AMENDING TITLE 18 OF THE GRAND TERRACE MUNICIPAL CODE BY AMENDING CHAPTER 18.06 (DEFINITIONS) AND ADDING CHAPTER 18.81 ESTABLISHING ART IN PUBLIC PLACES REQUIREMENTS DEPARTMENT: PLANNING & DEVELOPMENT SERVICES E. INFORMATION TO COMMISSIONERS F. INFORMATION FROM COMMISSIONERS ADJOURN Adjourn to the next scheduled meeting of the Site and Architectural Review Board/Planning Commission to be held on July 7, 2022 at 6:30 p.m. City of Grand Terrace Page 4 A.1 AGENDA REPORT MEETING DATE:June 16, 2022Council Item TITLE:Joint City Council and Planning Commission/Site and Architectural Review Board Workshop Presentation and Discussion Regarding Objective Design Standards for Multi- Family Housing and MixedUse Developments PRESENTED BY:Konrad Bolowich, City Manager RECOMMENDATION:1.That City Council and Planning Commission/Site and Architectural Review Board (first) receive a presentation regarding Objective Design Standards (ODS) and (second) discuss and provide feedback to Staff on the proposed Draft Objective Design Standards 2030 VISION STATEMENT: This staff report supports our Mission Statement, to preserve and protect our community and its exceptional quality of life through thoughtful planning, within the constraints of fiscally responsible government; and Goal No. 3, to promote economic development by updating zoning and development codes in preparation of future development. BACKGROUND: Assembly Bill 35 (Government Code Section 65913.4) was enacted on September 29, shortage and excessive cost. The intent of new State housing law SB 35 is to streamline the review process for multifamily residential projects by establishing a by-right ministerial approval, in order to increase housing production and assist jurisdictions make progress into meeting their regional housing need allocation (RHNA). The State legislature has made several changes to State housing laws in recent years to streamline housing approvals. In addition to the Housing Accountability Act (HAA), Recent State legislation, primarily established under Senate Bill (SB) 35 and SB 330, requires cities to review certain residential projects against objective standards, including objective design standards, rather than design guidelines which are subject to interpretation. Specifically, the legislature has taken steps to reduce the amount of subjective discretion jurisdictions have, requiring that certain residential types of projects are being reviewed and considered through a ministerial process. cial and Packet Pg. 5 A.1 is verifiable by reference to criteria available and known to both an applicant and the The following summarizes the collective impact that the three legislative actions have had and how that transcended to the requirement for the City to establish objective design standards: Housing Accountability Act (HAA) A city cannot deny a project, reduce its density, or otherwise make a project infeasible, if the project complies with objective standards. However, if an applicant seeks an exception to an objective standard, the project is no longer protected by the HAA. In this circumstance, since the project approval must rely on the findings required for approval of a deviation or variance, any subjective standards and full discretionary review of the design by the Commission can be used to evaluate the project. Affordable Housing Streamlined Approval Process (SB 35) This legislation creates an opt-in program for developers that allows a much more streamlined ministerial approval process for developments in the City as it relates to meeting the regional housing need allocation (RHNA). To be eligible, a project must satisfy a specific level of affordability; be on an infill site; comply with existing residential and mixed-use general plan or zoning provisions; and comply with other requirements such as, locational and demolition restrictions among other strict and limited criteria. This streamlined, ministerial entitlement process relies on objective design standards. Additionally, an SB 35 project is not subject to review under CEQA. An eligible project is also not subject to any type of discretionary review; therefore, the adoption of objective design standards would significantly affect these types of projects and ensure quality design. Housing Crisis Act (SB 330) housing development project. Submittal of a preliminary application allows a developer to provide a specific subset of information on the proposed housing development before providing the full amount of information required for a formal application. Although the City of Loma Linda has a preliminary application process, SB 330 placed additional guarantees or assurances for a developer. It also requires both the city and the developer to comply with certain timeframes for reviews and submittals. Upon submittal that apply to a project while the rest of the material necessary that will be required for a formal submittal is assembled. After an application is deemed complete, the City cannot deny an eligible housing development project or condition its approval to reduce density, impose a moratorium, or require design changes that are inconsistent with objective design standards. These provisions will sunset on January 1, 2025, unless extended by the legislature and governor. DISCUSSION: Packet Pg. 6 A.1 The City of Grand Terrace desires to establish Objective Design Standard requirements in accordance with Senate Bill 35 (SB 35) and Senate Bill 330 (SB 330). These objective design standards intend to respond to State law by making changes to the zoning Ordinance (Title 18) establishing Chapter 18.64 Objective Design Standards (Attachment A). development standards as outlined in each zoning district. The regulations do not affect or change allowable land use types and do not replace individual zoning district development standards established for lot size, setbacks, lot coverage, building height, etc. The process to review and approve development projects relying upon implementation of these standards aligns with the State requirements that the City adopt a ministerial review and approval process for multifamily residential development and mixed-use development with a residential component comprising at least two-thirds of the project. In addition, the proposed ODS contain standards for sustainable design, building design, site design, and establishes the procedures for conducting ministerial design review, including provisions that allows for discretionary review of a project by the Planning Commission should an applicant choose to deviate from the established standards. On May 19, 2022, the Planning Commission received a presentation introducing the proposed ODS requirements. No action was taken by the Commission; however, the following comments were discussed: Planning Commission Comments What are the front setback requirements? In addition to the ODS standards, projects will require compliance with the development design standards established by the underlying zone district. The Municipal Code requires 25-foot front setback for multifamily residential zoning. What is the minimum distance between The Municipal Code requires a minimum buildings? distance between buildings of 20-feet for multifamily residential zoning What are the parkway trees requirements? Staff added to the ODS landscape requirements, compliance with Chapter 12.28 - Street and Parkway Trees Revise Table 18.64.060A to increment Staff has revised the table to include square footage for the gym based on the square footage increments to the gym, proposed number or units and add bicycle clubhouse, business center workstations, storage requirements. and added basketball and tennis court requirements for 100 units or more. Provide bicycle lockers and racks Bicycle storage will be required at the rate Packet Pg. 7 A.1 requirements of 1 bicycle locker per 4 units and 1 bicycle rack parking per 4 units. Who will be maintaining alleys created by Alleys are considered part of the project a proposed development? and maintenance shall be conditioned to the project to be provided by the property owner. The goal of the joint workshop is to introduce the proposed ODS Ordinance to the Council, address Planning Commissions comments above stated, and provide additional feedback to staff. ENVIRONMENTAL: The proposed zoning code amendment is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines, Section 15061(b)(3), which states the activity is covered by the general rule that CEQA applies only to projects \[that\] have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Amending the Grand Terrace Code to include Objective Design Standards (ODS) would not result in any environmental impacts. Future development projects subject to the proposed ordinance would be reviewed for potential environmental impacts. RECOMMENDATION: Staff recommends the City Council and Planning Commission review the proposed draft objective design standards (Attachment A) and provide input. Staff will incorporate the comments into the proposed Ordinance, provided they are permissible under applicable law. A future Planning Commission Public Hearing Meeting will be scheduled so the Planning Commission can make a recommendation to the City Council. The Council will be the approval body. ATTACHMENTS: Exhibit Draft - Objective Design Standards (ODS) (DOCX) APPROVALS: City Manager Completed 06/09/2022 12:57 PM Robert Khuu Completed 06/09/2022 2:06 PM Planning Commission/Site And Architectural Review Board Pending 06/16/2022 6:30 PM Packet Pg. 8 A.1.a Exhibit A Chapter 18.64 OBJECTIVE DESIGN STANDARDS Sections: 18.64.010 Purpose, Intent and Applicability 18.64.020 Other Standards and Requirements 18.64.030 Definitions 18.64.040 Sustainable Design 18.64.050 Building Design 18.64.060 Site Design 18.64.070 Additional Standards for Mixed-Use 18.64.080 Permits and Approvals 18.64.010 Purpose, Intent and Applicability This chapter is intended to implement the provisions consistent with Senate Bill No. 35 and Senate Bill 330, Government Code Sections 65400 A. Purpose. The purpose of this Chapter is to establish design standards that are objective for multifamily residential development and mixed-use development with a residential component to ensure that such development is attractively designed, maintains positive aesthetic characteristics, and to provide property owners and developers with predictable design approval standards for such development. The standards established in this Chapter are supplemental to the development standards applicable to multifamily residential development and mixed-use development as established within the Municipal Code for each zoning district allowing such use. This Chapter also establishes conditions and procedures for processing streamlined housing projects consistent with Government Code Section 65913.4. B. Intent. It is the intent of this Chapter to provide design standards that are objective while development and mixed-use development with a residential component are satisfied. These design expectations are to be applied uniformly, and without discretion, to enhance the built environment within the City for both affordable and market-rate multifamily residential development. C. Applicability. The provisions of this Chapter apply to all multifamily residential developments and mixed-use development with a residential component as defined herein. Regarding the permitting process in particular, any application that complies with all Attachment: Exhibit Draft - Objective Design Standards (ODS) (Objective Design Standards (ODS)) provisions of this Chapter and regulations of the applicable zoning district shall be eligible for a ministerial review process, as set forth in Section 18.64.080 (Permits and Approval). When an applicant elects to deviate from the objective design standards set forth in this Chapter, a ministerial review process shall not apply and the development application shall be subject to any required discretionary application types, review and approvals as set forth in Chapter 18.63 (Site and Architectural Review). Packet Pg. 9 A.1.a 18.64.020 Other Standards and Requirements A. Zoning and Development Standards. A multifamily residential development or mixed-use development with a residential component that is designed in conformance with this Chapter shall also comply with all development standards and regulations of the designated zoning district and other applicable provisions of Title 18 (Zoning). B. Subdivision Regulations. A multifamily residential development or mixed-use development with a residential component that is designed in conformance with this Chapter that requires the approval of a subdivision action in order to establish a legal building site for such development, shall comply with all applicable requirements of Title 17 (Subdivisions). C. Building/Fire Codes. A multifamily residential development or mixed-use development project with a residential component that is designed in conformance with this Chapter shall also comply with all applicable regulations of Title 15 (Buildings and Construction), including but not limited to plan check review, permit issuance and applicable fees. Projects must comply with San Bernardino County Fire submittal and review requirements. D. California Environmental Quality Act (CEQA). A multifamily residential development or mixed-use development project with a residential component that is designed in conformance with this Chapter, qualifying for a ministerial review process, shall be considered exempt from CEQA pursuant to Government Code Section 65913.4. This exemption does not preclude a determination by the City that certain technical reports (e.g., stormwater quality management plan, water and sewer studies, traffic studies, noise studies, parking studies, biological survey, historical survey) are required as part of the standard submittal checklist established by the Director, or as required through the imposition of standard conditions of approval. Any required technical reports shall conform to City requirements established for such reports. Projects that do not qualify for a ministerial review process shall be reviewed in compliance with the applicable CEQA guidelines for discretionary application types. Attachment: Exhibit Draft - Objective Design Standards (ODS) (Objective Design Standards (ODS)) Page 2 of 26 Packet Pg. 10 A.1.a 18.64.030 Definitions For purpose of this chapter, the following terms shall be defined as follows: A. Multifamily Residential Development means a housing development with two or more attached residential units. It also includes a mixed-use development with a residential component as defined herein. This term does not apply to accessory dwelling units generally, unless the development being proposed is for new construction of a single- family home with an attached accessory dwelling unit. B. Mixed-Use Development with a Residential Component means a development where at least two-thirds of the square footage of the development shall be designated for residential use. The two-thirds calculation is based upon the proportion of gross square footage of residential space and related facilities to gross development building square footage for the nonresidential use, such as commercial. Structures utilized by both residential and nonresidential uses shall be credited proportionate to the intended use. The calculations of square footage of development shall not include non-habitable space or underground space, such as basements, or underground parking garages. C. Ministerial Review Process means a process for development approval involving little or no personal judgment by the City as to the wisdom or manner of carrying out the project. The ministerial review process simply ensures that the proposed development meets all the requirements of this Chapter. D. Objective Design Standards defined in Government Code Sections 65913.4 and 66300 (a)(7) to mean that no personal or subjective judgement is used by the City. The standards are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant/proponent of the project and City prior to submittal of a development application. Attachment: Exhibit Draft - Objective Design Standards (ODS) (Objective Design Standards (ODS)) Page 3 of 26 Packet Pg. 11 A.1.a 18.64.040 Sustainable Design A. LEED Platinum Requirement. For the purposes of this Chapter, all multifamily residential development and mixed-use development with a residential component shall demonstrate ,dard as defined by the Leadership in Energy and Environmental Design (LEED) of the United States Green Building Council. Plans and/or supplemental information shall be provided at the time an application is submitted for preliminary or formal review as required by City application forms/checklists as established by the Director. B. Water Efficient Landscape Requirement. For the purposes of this Chapter, all multifamily residential development and mixed-use development with a residential component shall demonstrate that the design is in compliance with all applicable requirements by the Riverside Highland Water Company and compliance with Water Efficient Landscape regulations in Chapter 15.56. Design of project landscaping shall demonstrate conformance with the latest Model Water Efficient Landscape Ordinance (MWELO) guidelines by the California Department of Water Resources. Plans and/or supplemental information shall be provided at the time an application is submitted for preliminary or formal review as required by City application forms/checklists established by the Director. Attachment: Exhibit Draft - Objective Design Standards (ODS) (Objective Design Standards (ODS)) Page 4 of 26 Packet Pg. 12 A.1.a 18.64.050 Building Design A. Orientation. The primary orientation of a building or unit entrance in multifamily residential development shall be designed in accordance with the following standards: 1. Buildings adjacent to a street shall have front entry features oriented to the street or be oriented to within 45 degrees of the line parallel to the intersection as illustrated in Figure 18.64.050A. Direct pedestrian access shall be provided between the public sidewalk and such primary building entry. Where a site is located on two or more public streets, the primary building entry shall be oriented toward the street with the highest classification. If a parcel fronts two public streets of equal classification, either frontage may be used to meet the standard. Figure 18.64.050A 2. Buildings that are not adjacent to the street shall have front entries that are oriented to Attachment: Exhibit Draft - Objective Design Standards (ODS) (Objective Design Standards (ODS)) interior common areas such as paseos, courtyards, and useable open space as illustrated in Figure 18.64.050B. However, those buildings or portions of buildings adjacent to the public street within such a multifamily residential development shall include a primary entry facing the street, with direct pedestrian access between the entry and the public sidewalk. Page 5 of 26 Packet Pg. 13 A.1.a Figure 18.64.050B 3. Access and configuration of exterior entrances to residential units shall be at the ground floor of the building. Exterior entrances to individual units on upper floors utilizing an exterior access corridor visible and/or connecting to the street is limited to serving a maximum of four units. 4. Exterior entrances serving multiple units must have a roofed projection or shall be recessed with a minimum depth of five feet. 5. Transparent glass doors and/or windows or glazing (window area) near the entrance shall be provided for consolidated building entrances but shall not be required for entries leading directly to an individual unit. 6. Projects shall comply with the Municipal Code design development standard requirements of the underlining zoned district in which they are located, including but not limited to front setback requirements, distance between buildings, required height, and lot coverage. Attachment: Exhibit Draft - Objective Design Standards (ODS) (Objective Design Standards (ODS)) B. Massing and Articulation. The massing and articulation of buildings in multifamily residential development shall be designed in accordance with the following standards: 1. As illustrated in Figure 18.64.050C, when multifamily residential development is adjacent to existing residential, the side and rear walls of any building within ten feet of a required setback shall not be more than one story higher than the directly adjacent Page 6 of 26 Packet Pg. 14 A.1.a existing residential development. Buildings that exceed this height requirement shall step back the upper floors so that the wall plane does not fall within 15 feet of a required setback adjacent to existing residential development. Figure 18.64.050C 2. As illustrated in Figure 18.64.050D, all buildings shall have minor massing breaks at least every 50 feet along any street frontage or publicly visible area, using wall modulations, projections or recesses, or by stepping back the upper floors. Breaks shall be a minimum of five feet deep and 10 feet wide and shall extend at least two-thirds of the height of the structure. Figure 18.64.050D Attachment: Exhibit Draft - Objective Design Standards (ODS) (Objective Design Standards (ODS)) Page 7 of 26 Packet Pg. 15 A.1.a 3. To modulate building exteriors, publicly visible walls greater than 20 feet in length along any street frontage or front elevation, or 30 feet along an interior rear or side elevation, shall be articulated by incorporating at least three of the following features each of which is illustrated in Figure 18.64.050E: Figure 18.64.050E Attachment: Exhibit Draft - Objective Design Standards (ODS) (Objective Design Standards (ODS)) Page 8 of 26 Packet Pg. 16 A.1.a a. Trim surrounds at all window and door openings shall be provided a minimum of two inches in depth or the exterior door and window shall be recessed from the wall plane a minimum of three inches; b. Exterior arcades or other ground floor building recessions that provide sheltered walkways within the building footprint, having a minimum area of 50 square feet; c. Variations in wall plane (projection or recess) by a minimum of two feet in depth; d. A recessed or projected unit entry with a minimum area of 50 square feet; or e. Vertical elements, such as pilasters, that protrude a minimum of six inches from the wall surface and extend the full height of the building. 4. All building rooflines shall be vertically articulated at least every 50 feet along the street frontage, through one of the following techniques as illustrated in Figure 18.64.050F: Figure 18.64.050F a. A change in height of a minimum four feet; b. A change in roof pitch or form; or c. The inclusion of dormers, gables, parapets, varying cornices, and/or clerestory windows. Attachment: Exhibit Draft - Objective Design Standards (ODS) (Objective Design Standards (ODS)) 5. Buildings three stories or taller shall have major massing breaks at least every 100 feet along any street frontage through the use of varying setbacks and/or building entries. For the purposes of this Section, major breaks shall be a minimum of 5 feet deep and ten feet wide and extend the full height of the building to the roofline. Page 9 of 26 Packet Pg. 17 A.1.a 6. Buildings three stories or taller shall provide a ground floor elevation that is distinctive from the upper stories by providing a material change between the first floor and upper floors along at least 75 percent of the building façade with frontage upon a street or adjacent to public open space and shall incorporate at least two of the following to achieve this distinction as illustrated in Figure 18.64.050G: a. A change in façade materials, along with a change in plane at least one inch in depth at the transition between the two materials. b. A horizontal design feature such as a water table or belt course. c. A base treatment at the ground floor consisting of a material such as stone, concrete masonry, or other material distinct from the remainder of the façade and projecting at least one inch from the wall surface of the remainder of the building. d. Setting back the top floor(s) of the building at least five feet from the remainder of the façade. Figure 18.64.050G C. General Building Design. Buildings in multifamily residential development shall be Attachment: Exhibit Draft - Objective Design Standards (ODS) (Objective Design Standards (ODS)) designed in accordance with the following standards: 1. All buildings and structures within a multifamily development shall carry the same architectural treatment on all elevations, including the use of primary materials and colors - Page 10 of 26 Packet Pg. 18 A.1.a 2. Affordable units and market rate units within the same multifamily development shall be constructed using the same architectural treatment or style, exterior colors, materials and details such that the units are indistinguishable. 3. All ground floor units and a minimum of 60 percent of the upper floor units shall include a balcony, patio, porch, or stoop. 4. All buildings shall include at least two of the following features above the ground floor of the building for at least 50 percent of the primary frontage and corner street side frontage. The distance between features shall be no greater than 25 feet. When used, the minimum length and depth of these features shall be as follows: a. Projection of bay, greenhouse or garden windows must be at least eight inches in depth at the farthest point from the exterior walls of the building, and five feet in width. b. Projection of bay windows must be at least ten inches in depth measured at the farthest point, and five feet in width. c. Projection of dormers must be at least two feet in depth measured at the farthest point from the exterior walls or roof surface of the building, and four feet in width. d. Balconies and decks must be at least five feet in depth and if the balcony is intended for private open space exclusive to an individual unit, the width shall be sufficient measurement if required to meet the minimum square footage of the zoning district. 5. Blank walls on the ground floor (facades without doors, or windows) shall be no greater than 25 feet in length along sidewalks, pedestrian walks, or publicly accessible outdoor space areas. Such blank wall areas shall include landscape screening (trees, shrubs, or green wall) for the entire length of the wall area at a minimum of 50 percent of the height of the wall. 6. Where divided lite window types are proposed, such windows shall consist of a true divided glaze area. Muntin material imbedded between panes of glass or taped to window glass is prohibited. D. Colors and Materials. Colors and materials on buildings in multifamily residential development shall be designed in accordance with the following standards: 1. Primary wall material of the buildings shall be wood, stone, brick, stucco, fiber cement Attachment: Exhibit Draft - Objective Design Standards (ODS) (Objective Design Standards (ODS)) or other cementitious material, or composite wood or stone. 2. At least two materials shall be used on any building frontage, in addition to any glazing and railings located on the building frontage. Page 11 of 26 Packet Pg. 19 A.1.a 3. Buildings shall have at least one primary color, one secondary color, and two accent colors, in addition to roof color. 4. Exterior surfaces of buildings within multifamily residential development shall prohibit the use or application of the following materials: mirrored glass, vinyl siding, corrugated fiberglass, chain link fencing, crushed colored rock or tumbled glass, metal siding, with exposed edges or unfinished edges, and/or T1-11 siding and other siding that uses plywood, with the exception if used for board and batten. Attachment: Exhibit Draft - Objective Design Standards (ODS) (Objective Design Standards (ODS)) Page 12 of 26 Packet Pg. 20 A.1.a 18.64.060 Site Design A. Surface Level Parking and Individual Garages/Carports. In addition to the requirements of Chapter 18.60 (Off-Street Parking), multifamily residential development with surface parking, or where units are served by individual garages/carports, shall be designed in accordance with the following: 1. Surface parking shall not be located between the building and the street. If a development consists of multiple buildings, this only applies to the building(s) abutting the street. Surface parking shall be located to the rear of street-adjacent buildings. 2. Designated pedestrian pathways shall be provided through surface parking areas at least every four rows of parking or at least every 130 feet, whichever is less. Pathways shall be aligned to connect to buildings with consolidated entries and with other sidewalks, and pedestrian pathways within the development. All such pathways shall be clearly marked and differentiated from drive areas by colored/textured pavement treatments or stamped concrete. 3. Curb cuts and driveways providing access to surface parking shall first be taken from an alley (if one exists); or second, from a street with a secondary or lesser classification; and lastly, from a street considered primary or arterial in classification. Alleys shall be considered part of the project and maintenance shall be included as a condition to the project to be provided by the property owner. 4. Individual garage doors that face the street shall be setback a minimum of five feet beyond the front façade of the dwelling unit or the front of a covered porch. 5. Individual garages and/or carports shall use the same architectural details, materials and colors of the residential buildings/units within the development. B. Structured Parking. In addition to the requirements of Chapter 18.60 (Off-Street Parking), multifamily residential development with structured parking shall be designed in accordance with the following: 1. Structured parking shall not occupy more than 50 percent of the building width of a development frontage subject to the following: a. Any wall surface 25 feet or greater in length shall include design features such as articulation, landscaping, and/or textured surface treatment over a minimum of 50 percent of the wall surface area. Attachment: Exhibit Draft - Objective Design Standards (ODS) (Objective Design Standards (ODS)) b. For purposes of this subsection, articulation is defined to include faux windows, arches, and/or projecting bays and textured surface treatments (artwork, grillwork, or stone/tile building material) shall have a minimum depth of three inches. Page 13 of 26 Packet Pg. 21 A.1.a c. Landscape recesses shall have an inside minimum depth of 18 inches and width of two feet. 2. Ventilation openings shall be screened with wrought iron grilles and/or landscaping. 3. Mechanically or person-controlled entrances to structured parking shall be located a minimum of 20 feet from the back of sidewalk, and the use of controlled entrances is limited to the portion of structured parking that provides resident-only parking spaces. At controlled entrances, space shall be provided to allow a vehicle to turn around without backing into the street. Access to guest and delivery parking spaces shall not be restricted and shall be located in an area outside of any controlled entrance point. C. Connectivity. Multifamily residential development shall include the following in the design of streets, sidewalks, and pedestrian pathways providing connectivity: 1. Internal sidewalks and pedestrian pathways shall provide an unobstructed walking surface a minimum of five feet in width and American with Disabilities Act (ADA) compliant with a minimum three-foot inside depth planter area where adjacent to a residential building/unit. 2. Internal streets shall comply with the following as illustrated in Figure 18.64.060A: Figure 18.64.060A Attachment: Exhibit Draft - Objective Design Standards (ODS) (Objective Design Standards (ODS)) Page 14 of 26 Packet Pg. 22 A.1.a a. A continuous vehicular and pedestrian network shall be required within the development. b. All internal streets, alleys, sidewalks, and pedestrian pathways in a development shall connect directly with existing and planned streets, alleys, sidewalks, and pedestrian pathways external and adjacent to the development. c. Any cul-de-sac or other dead-end street within the development longer than 300 feet shall be connected to other internal or external streets by a pedestrian pathway. d. Blocks shall not exceed 600 feet in length, measured from street centerline to street centerline, unless mid-block pedestrian connections are provided at intervals of no more than 350 feet apart. Such pedestrian connections shall include a ten-foot minimum wide sidewalk or pedestrian pathway. D. Landscaping and Useable Common Open Space. In addition to the open space requirements of each zoning district, a multifamily residential development shall design common open space areas to be useable areas subject to the following standards: 1. Landscaping shall be located in all outdoor areas that are not specifically used for parking, driveways, walkways, patios, or as listed as required amenities. 2. Trees within landscaped areas shall be provided at a minimum size of 36-inch box, or a minimum 48-inch box if tree specimen has a 20-foot canopy. 3. Pedestrian pathways adjacent to common open space areas shall be constructed with a minimum of 50 percent stamped concrete finish. 4. Developments shall comply with the parkway requirements included on Chapter 12.28 Street and Parkway Trees. 5. Useable common open space shall have a minimum dimension of 15 feet in any direction and be contiguous to provide functional leisure or recreational activity. 6. Location of useable common open space areas shall be based upon the following: a. Central to the majority of residents within the development. b. Oriented to receive sunlight, preferably facing south; or secondly, facing east or west, but not north. Attachment: Exhibit Draft - Objective Design Standards (ODS) (Objective Design Standards (ODS)) c. Be separated from ground level windows, streets, service areas and parking lots with landscaping and/or fencing (no chain link), subject to the height limitations of the zoning district and requirements of Chapter 18.73.070 (Fences and Wall Height). Page 15 of 26 Packet Pg. 23 A.1.a 6. Common open space areas shall be designed to provide specific amenities as shown in Table 18.64.060A based upon the number of units within a multifamily residential development. The required amenities outlined in Table 18.64.060A are additive and require that the Base Amenity Type and Minimum Size of Amenity be satisfied for the applicable number of units threshold, plus all preceding Base Amenity Type and Minimum Size of Amenity Type, plus any additional increase in number or size of the amenity based upon the Additive Amenity Ratio. As an example, a multifamily residential development consisting of 16 units shall provide a business center with at least two work stations or a 250 square foot gym, plus an outdoor active use area or facility, plus 48 square feet of community garden area (32 sf + 16 sf), and one barbeque area with seating. Table 18.64.060A Multifamily Residential Development Amenity Standards # Of Base Amenity Type Additive Amenity Ratio Units And Minimum Size of Amenity 4 Barbeque with Table Seating 1/10 Units 8 32 sf Community Garden 8 sf/4 Units 12 1200 sf Outdoor Active Use Area 50 sf/1 Unit Provide One of Two: 16 Business Center with 2 Work Stations 1 Workstation/8 Units 250 sf Gym 5 sf/1 Unit Provide Two of Three: Business Center with 3 Workstations 1 Workstation/8 Units 24 290 sf Gym 5 sf/1 Unit Clubhouse with 400 sf Kitchen 5 sf/1 Unit Provide all the following: Business Center with 4 1 Workstation/8 Units Workstations 32 330 sf Gym 5 sf/1 Unit Clubhouse with 440 sf Kitchen 5 sf/1 Unit Provide all Amenities listed as the Base Same rate as 32 Units1.5 sf for 32 Units, and: Increase/ 1 Unit > 100 Units 40 Provide One 36 sf In-Ground Outdoor Spa Provide all Amenities listed as the Base Same rate as 40 Units for 40 Units, and Provide One of Two: 65 Attachment: Exhibit Draft - Objective Design Standards (ODS) (Objective Design Standards (ODS)) 800 sf Pool 10 sf/1 Unit 1 50 sf/1 Unit All Amenities Listed as the Base for 65 Same Rate as 65 Units 80 Units. Page 16 of 26 Packet Pg. 24 A.1.a Table 18.64.060A Multifamily Residential Development Amenity Standards # Of Base Amenity Type Additive Amenity Ratio Units And Minimum Size of Amenity 2 All Base AmenitiesListed for 80 Units Same Rates for All Apply and 3 Provide one of the two: 100 One full sized Basketball Court 1 Court + 75 Units One full sized Tennis Court 1Court + 100 Units 2 All Base AmenitiesListed for 100 Units Same Rates for All Apply 150 Notes: 1. Substitute 400 sf Wellness Facility 55+ Age Restricted Development, with an Additive Amenity Ratio calculated at 5 sf/1 Unit. 2. Allows Wellness Facility Substitution for 55+ Age Restricted Development 3. For 55+ Age Restricted Development May Substitute the Basketball Court with a Bocce Ball Court and/or Replace the Tennis Court with a Pickleball Court E. Illumination. Multifamily residential development shall incorporate the following into the design of lighting of parking lot areas, pedestrian pathways, and building and structure exteriors: 1. All publicly accessible areas and areas commonly used by residents shall be lighted with the following foot-candle (fc) levels as follows: a. Service areas and vehicular traffic areas: minimum 0.2 fc, maximum four fc. b. Pedestrian pathways and building entries: minimum one fc, maximum five fc, with an average of two fc. c. Surface parking areas: minimum one fc, maximum four fc. 2. Pedestrian lighting shall have a maximum height of 15 feet. 3. Surface parking area lighting fixtures shall be fully shielded, dark sky rated and mounted no more than 18 feet above the ground. 4. Steady, non-flashing lighting of building features, artwork and special landscape Attachment: Exhibit Draft - Objective Design Standards (ODS) (Objective Design Standards (ODS)) elements shall be provided complimenting the building and site design, safe pedestrian circulation and gathering places, and without light spillage off-site. F. Equipment and Service Areas. Multifamily residential development shall incorporate the following in the design of equipment and service areas: Page 17 of 26 Packet Pg. 25 A.1.a 1. All service connections and on-site utilities including wires and pipes shall be located underground. 2. All exterior mechanical and electrical equipment, which includes, but is not limited to, all roof-mounted equipment, air conditioners, heaters, utility meters, cable equipment, telephone entry boxes, backflow preventions, irrigation control valves, electrical transformers, pull boxes, and all ducting for air conditioning, heating, and blower systems shall be architecturally incorporated into the design of buildings or screened so as not to be visible from the ground level of adjacent streets or properties within 20 feet. Screening materials shall be consistent with the exterior architecture, colors and materials of the building or structure with roof-mounted equipment painted to match the color of the roof surface. 3. All ground-mounted mechanical equipment, storage utility boxes, and electric and gas meters shall be screened from visibility from the surrounding public vantage points (right-of-way, public trails, open space and parks). Said screening shall incorporate the same architectural design, colors, and materials as the building. 4. Refuse collection and storage areas shall be designed in accordance with the following standards: a. Individual containers serving a dwelling unit are limited to multifamily residential development of four units or less and shall have designated storage space either within the assigned garage area serving the dwelling unit without obstructing the enclosed parking area or in a common enclosure that matches the architectural design, colors, and materials of the residential buildings. b. For multifamily residential development consisting of five or more units, common container areas shall be provided subject to the following: i. A structural enclosure shall be constructed using the same architectural design, colors, and materials as the residential building(s). ii. The enclosures shall be separated a minimum of 20 feet from any unit located within the multifamily residential development or from an adjacent parcel. iii. The enclosures shall be located a maximum of 100 feet distance from the unit(s) served. iv. No minimum distance from dwellings is required if the containers are located within a fully enclosed room of the residential buildings, but the enclosed room Attachment: Exhibit Draft - Objective Design Standards (ODS) (Objective Design Standards (ODS)) shall be located a maximum of 75 feet from the unit(s) served. Page 18 of 26 Packet Pg. 26 A.1.a 18.64.070 Additional Standards for Mixed-Use A. Conformance with Standards and Requirements. Mixed-use development that includes a residential component shall meet the development standards of the zoning district and all applicable design standards of this Chapter required for multifamily residential development. B. Projects shall provide EV charging stations as required by the most recent California Green Building Standards Code. A minimum of 1 EV charge per garage and 1 EV charge per five parking units will be required. C. Projects are required to provide Art in Public places as part of the development (objective standards to be developed). D. Developments proposing 24 residential units, or more are required to provide 10% low income units or 5% very-low income units. E. Parking requirements shall comply with Municipal Code Chapter 18.60Off-Street Parking F. Developments shall provide 1 bicycle locker with a 1200 power per four units and 1 bicycle rack parking per every four units. G. Ground Floor Height. The residential component of a vertical mixed use development shall not be permitted on the first or ground structures(s). The commercial component of the ground floor shall be taller than the floors above, with a minimum plate height of 14 feet. H. Ground Floor Transparency. The following transparency standards shall apply dependent upon the type of the non-residential component located on the ground-floor of the building: 1. Commercial or retail uses: exterior walls facing a street shall include windows, doors, or other openings for at least 75 percent of the building wall area between two and eight feet above the level of the sidewalk. 2. Office, hotel, and other non-residential uses: exterior walls facing a street shall include windows, doors, or other openings for at least 50 percent of the building wall area between two and eight feet above the level of the sidewalk. 3. No wall may run in a continuous plane for more than 10 feet without an opening. Openings fulfilling this requirement shall have transparent glazing and provide views into work areas, sales areas, lobbies, or similar active spaces, or into window displays Attachment: Exhibit Draft - Objective Design Standards (ODS) (Objective Design Standards (ODS)) at least five feet deep. I. Storefront Treatment. Storefronts and associated outdoor spaces shall have diverse styles distinguishing them from the primary street facing façade of the building. Individual non- residential tenant storefronts shall not span vertically beyond the ground floor height of the Page 19 of 26 Packet Pg. 27 A.1.a building and shall be designed with the following unifying elements as illustrated in Figure 18.64.070A: 1. When used, awnings shall be located within the building elements framing storefront openings, and shall be of the same height above the adjacent sidewalk. The rigid framework for awnings, shall be no lower than eight feet above the sidewalk under it. Signage of any type is prohibited on the exterior surface of the awning. 2. A base panel shall be provided across the entire width of the storefront bay and between the vertical elements framing the bay for all of the storefronts within the building. The base panels shall be 24" or lower, measured above the sidewalk. 3. A horizontal band or frieze shall be incorporated at the top of all of the storefronts within a multiple storefront building for the purpose of locating non-residential tenant signage and subject to all applicable requirements of Chapter 18.80 (Signs). Figure 18.64.070A Attachment: Exhibit Draft - Objective Design Standards (ODS) (Objective Design Standards (ODS)) Page 20 of 26 Packet Pg. 28 A.1.a 18.64.080 Permits and Approvals A. Ministerial Action. The review of and action on the design of multifamily residential development or mixed-use development with a residential component that complies with the provisions of this Chapter is a ministerial action not subject to further discretionary review or action. The Director has the authority to review applications for completeness and compliance with the provisions of this Chapter. 1. Ministerial design review shall be administered through the Precise Plan of Design requirements as outlined in Chapter 18.63 (Site and Architectural Review), unless modified herein by this Chapter; and shall not require public notice, public hearing or be subject to any required findings for approval. 2. Ministerial design review approval by the Director shall determine that the proposed application and plans: a. Complies with all applicable design standards of this Chapter. b. Complies with all applicable development standards of Title 18 (Zoning) without requiring a Minor Deviation or Variance. If the Director is unable to make the above determination, review of the project design shall be subject to all application types, reviews and procedures as outlined in Chapter 18.63 (Site and Architectural Review). 3. The Director may, from time to time, provide a summary report as an informational item, to the Planning Commission, of any ministerial design review action on a development proposal subject to the provisions of this Chapter. No action by the Planning Commission shall be required. B. Other Application Submittals and Types of Review. The following other types of application submittals and types of review may also apply, subject to the provisions outlined in this Section: 1. The SB 330 Preliminary Application review process is an additional review by the Director and provides early identification of all standards and requirements applicable to a project. A review under this procedure is subject to all requirements and informa availability of this type of review shall sunset on January 1, 2025, unless extended by the State legislature. The preliminary application review process is at the option of a Attachment: Exhibit Draft - Objective Design Standards (ODS) (Objective Design Standards (ODS)) project proponent and may only be implemented when all requirements of this Chapter are satisfied, including all timeframes required for submittal of a formal application. 2. If a development qualifies under the Senate Bill 35 eligibility criteria as outlined in this Page 21 of 26 Packet Pg. 29 A.1.a (Affordable Housing Streamlined Review) shall be submitted for review by the Director to determine eligibility. 3. The provisions, including any requirement for review, hearing and action for Minor Deviation as provided in Chapter 18.89 (Minor Deviations) or Variance as provided in Chapter 18.86 (Variance) shall apply to any multifamily residential development or mixed-use development with a residential component that proposes to deviate from any standard of this Chapter. Such deviation shall null and void any ministerial design review action or eligibility for an affordable housing streamlined review process. C. Building Permit. All development subject to the requirements of this Chapter shall require a Building Permit, subject to all the standard application, review and processing fees and procedures that apply to Building Permits generally. D. Fees. All development subject to the requirements of this Chapter shall be accompanied by the required application fee. Application fees are established by Council resolution. E. Preliminary Application. In compliance with Government Code Section 65941.1, a proponent of a multifamily residential development or mixed-use development with a residential component has the option of submitting a Preliminary Application subject to all of the following requirements: 1. payment of the Preliminary Application processing fee shall be submitted to the City. 2. If the City determines that the Preliminary Application for the development project is incomplete, the project proponent must submit the specific information needed to complete the application within 90 days of rece of the necessary information. If the project proponent does not submit this information within the 90-day period, then the preliminary application shall expire and have no further force or effect, and if any portion of the ministerial design review was completed or approved, it shall be deemed null and void. 3. After submittal of all of the information required, if the project proponent revises the project to change the number of residential units or square footage of construction changes by 20 percent or more, excluding any increase resulting from Density Bonus Law, the development proponent must resubmit the required information so that it reflects the revisions. 4. The project proponent shall submit a formal application for a development project within 180 calendar days of submitting a complete preliminary application. If the City Attachment: Exhibit Draft - Objective Design Standards (ODS) (Objective Design Standards (ODS)) determines that the formal application for the development project is incomplete, the project proponent shall submit the specific information needed to complete the information. If the project proponent does not submit this information within the 90- Page 22 of 26 Packet Pg. 30 A.1.a day period, then the preliminary application shall expire and have no further force or effect, and any such ministerial design review approval shall be deemed null and void. 5. If the applicant revises the project between the Preliminary Application phase and the formal application phase, such that the number of residential units or square footage of construction changes by 20 percent or more, exclusive of any increase resulting from the receipt of a density bonus, incentive, concession, waiver, or similar provision, the project shall not be deemed to have submitted a Preliminary Application, in satisfaction of State and City requirements, until the project proponent resubmits the required information, and if any portion of the ministerial design review was completed or approved, it shall be deemed null and void. 6. Compliance with all applicable provisions of this Chapter; specifically, the process and timeframes outlined in this Section, shall constitute a ministerial design review approval in conjunction with the Preliminary Application review if the Director determines that the proposed application and plans: a. Complies with all applicable design standards of this Chapter. b. Complies with all applicable development standards of Title 17 (Land Use Development Code) without requiring a Minor Deviation or Variance. If the Director is unable to make the above determination, review of the project design shall be subject to all application types, reviews and procedures as outline in Chapter 17.30 (Administration). 7. The Director may, from time to time, provide a summary report as an informational item, to the Planning Commission, of SB 330 Preliminary Application reviews and associated ministerial design review action on a development proposal subject to the provisions of this Chapter. No action by the Planning Commission shall be required. F. Affordable Housing Streamlined Review Eligibility Criteria. In compliance with Government Code Section 65913.4, also known as Senate Bill 35 (SB 35), a qualifying multifamily housing development project may submit to the Director a request for an affordable housing streamlined approval. The Director will determine if the project is eligible for streamlined approval within 60 days after application submittal for projects of 150 or fewer units, or within 90 days for larger projects. If the Director denies the application as incomplete or ineligible for SB 35, the applicant may revise the project to comply with SB 35 and resubmit the application, subject to the same timeline for review. Once the application is accepted for review under SB 35, the Director will approve or deny the project within 90 days after application submittal for projects of 150 or fewer units, or Attachment: Exhibit Draft - Objective Design Standards (ODS) (Objective Design Standards (ODS)) within 180 days for larger projects. To be eligible for streamlined processing under SB 35, the development project must satisfy all of the following criteria: Page 23 of 26 Packet Pg. 31 A.1.a 1. The project must be a multifamily housing development that contains at least two residential units and comply with the minimum and maximum residential density range permitted for the site, plus any applicable density bonus. 2. must be dedicated as affordable to households making below 80 percent of the area median income. If the project will contain subsidized units, the applicant has recorded or is required by law to record, a land use restriction for either a minimum of 55 years for rental type units, or a minimum of 45 years for ownership type units. 3. The project must be located on a legal parcel or parcels within the incorporated City limits. At least 75 percent of the perimeter of the site must adjoin parcels that are developed with urban uses; which means any current or former residential, commercial, public institutional, transit or transportation passenger facility, or retail use, or any combination of those uses. Parcels that are only separated by a street or highway shall be considered adjoined. 4. The project must be located on a site that is either zoned or has a General Plan designation allowing for multifamily residential development or mixed-use development with a residential component. 5. The project must meet all objective design standards in effect at the time the application is submitted. 6. The project must provide at least one parking space per unit without regard to unit size, number of bedrooms, or guest parking spaces; however, no parking is required if the project meets any of the following criteria: a. The project is located within one-half mile of public transit. b. The project is located within an architecturally and historically significant historic district. c. On-street parking permits are required but not offered to the occupants of the project. d. There is a car share vehicle within one block of the development. 7. The project must be located on a property that is outside each of the following areas: a. Either prime farmland or farmland of statewide importance, as defined pursuant to Attachment: Exhibit Draft - Objective Design Standards (ODS) (Objective Design Standards (ODS)) United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by the City. Page 24 of 26 Packet Pg. 32 A.1.a b. Wetlands, as defined in the United States Fish and Wildlife Service. c. A very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code. d. A hazardous waste site that is listed pursuant to Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless the Department of Toxic Substances Control has cleared the site for residential use or residential mixed-uses. e. A delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2. f. A flood plain as determined by maps promulgated by the Federal Emergency Management Agency, unless the development has been issued a flood plain development permit pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations. g. A floodway as determined by maps promulgated by the Federal Emergency Management Agency, unless the development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. h. Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the Federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan. i. Habitat for protected species identified as candidate, sensitive, or species of special status by State or Federal agencies, fully protected species, or species protected by the Federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) Attachment: Exhibit Draft - Objective Design Standards (ODS) (Objective Design Standards (ODS)) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code). j. Lands under conservation easement. Page 25 of 26 Packet Pg. 33 A.1.a k. A site that would require demolition of housing that is subject to recorded restrictions or law that limits rent to levels affordable to moderate, low, or very- low-income households; subject to rent control; or currently occupied by tenants or that was occupied by tenants within the past ten years. l. A site that previously contained housing occupied by tenants that was demolished within the past ten years. m. A site that would require demolition of an historic structure that is on a local, State, or Federal register. n. A parcel of land or site governed by the Mobilehome Residency Law, the Recreational Vehicle Park Occupancy Law, the Mobilehome Parks Act, or the Special Occupancy Parks Act 8. The project does not involve an application to create separately transferable parcels under the Subdivision Map Act. 9. The project proponent must certify to at least one of the following: a. The entirety of the project is a public work as defined in Government Code Section 65913.4(8)(A)(i). b. The project is not in its entirety a public work and all construction workers employed in the execution of the development will be paid at least the general prevailing rate of per diem wages for the type of work and geographic area. c. The project includes ten or fewer units, is not a public work and does not require subdivision. 10. If the project consists of 50 or more units that are not 100 percent subsidized affordable housing, the project proponent must certify that it will use a skilled and trained workforce, as defined in Government Code section 65913.4(8)(B)(ii). Attachment: Exhibit Draft - Objective Design Standards (ODS) (Objective Design Standards (ODS)) Page 26 of 26 Packet Pg. 34 B.2 CITY OF GRAND TERRACE PLANNING COMMISSION/SITE AND ARCHITECTURAL REVIEW BOARD MINUTES Council ChambersRegular Meeting6:30 PM Grand Terrace Civi CALL TO ORDER Planning Commissioner Tara Ceseña convened the Regular Meeting of the Planning Commission/Site and Architectural Review Board for Thursday, March 3, 2022, at 6:30 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Planning Commissioner Jeffrey McConnell Attendee NameTitleStatusArrived Edward A. GirouxChairmanRemote Tara CeseñaCommissionerPresent Jeffrey McConnellCommissionerPresent David AlanizCommissionerPresent Konrad BolowichCity ManagerPresent Robert KhuuAssistant City AttorneyPresent Haide AguirreAssociate PlannerPresent Debra ThomasCity ClerkPresent APPROVAL OF AGENDA 1.Motion: APPROVAL OF MARCH 3, 2022, AGENDA RESULT:ADOPTED \[UNANIMOUS\] MOVER:David Alaniz, Commissioner SECONDER:Jeffrey McConnell, Commissioner AYES:Edward A. Giroux, Tara Ceseña, Jeffrey McConnell, David Alaniz PRESENTATIONS None. PUBLIC ADDRESS Konrad Bolowich, City Manager took the opportunity to introduce himself to the Planning Commission. City of Grand TerracePage 1 Packet Pg. 35 B.2 Minutes Grand Terrace Planning Commission/Site and Architectural Review Board March 3, 2022 A.CONSENT CALENDAR 2. Approval of Minutes Regular Meeting 02/03/2022 RESULT: ACCEPTED \[UNANIMOUS\] MOVER: Jeffrey McConnell, Commissioner SECONDER: David Alaniz, Commissioner AYES: Edward A. Giroux, Tara Ceseña, Jeffrey McConnell, David Alaniz B.ACTION ITEMS 1. Consideration of a General Plan Conformity Finding Regarding the Donation of and the Street & Barton Road (APN 0276-213-47-0-000) from Angeline Petta, Trustee of the Family Trust of Anthony Peta, Pursuant to Government Code Section 65402 Haide Aguirre, Associate Planner gave the staff report and PowerPoint presentation for this item. 1) ADOPT A RESOLUTION OF THE PLANNING COMMISSION/SITE AND ARCHITECTURAL REVIEW BOARD OF THE CITY OF GRAND TERRACE, FINDING THAT THE GENERAL PLAN CONFORMITY FINDING PURSUANT TO GOVERNMENT CODE SECTION 65402 FOR THE DONATION OF AND THE CITY ERTY LOCATED AT THE NORTHEAST CORNER OF PRESTON STREET AND BARTON ROAD IN THE CITY OF GRAND TERRACE (APN 0276-213-47-0-000 AND APPROXIMATELY 1.76-ACRES) IS NOT SUBJECT TO ENVIRONMENTAL REVIEW PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES SECTIONS 15060(C)(3), 15378(B)(5), AND 15061(B)(3); AND FINDING GENERAL PLAN CONFORMITY PURSUANT TO GOVERNMENT CODE SECTION 65402 FOR SUCH DONATION AND CITY OF GRAND Minutes Acceptance: Minutes of Mar 3, 2022 6:30 PM (CONSENT CALENDAR) RESULT: APPROVED \[UNANIMOUS\] MOVER: Jeffrey McConnell, Commissioner SECONDER: David Alaniz, Commissioner AYES: Edward A. Giroux, Tara Ceseña, Jeffrey McConnell, David Alaniz City of Grand Terrace Page 2 Packet Pg. 36 B.2 Minutes Grand Terrace Planning Commission/Site and Architectural Review Board March 3, 2022 C.PUBLIC HEARINGS 2. Consider Recommending that City Council Adopt Ordinances Establishing Objective Standards for Implementation of Senate Bill No. 9 Pertaining to Urban Lot Splits and Two-Unit Developments and Updating the City's Regulations for Accessory Dwelling Units. Haide Aguirre, Associate Planner gave the staff report and PowerPoint presentation for this item. Discussion ensued with various questions from all of the Planning Commissioner members. Commissioner McConnell moved, with a second from Chair Giroux to approve staff recommendation to include the following stipulations: Add language to the section of the ordinance talking about tank test to be consistent with the Santa Ana Regional Water Quality Control Boar and county standards, as well as California plumbing code for lots dependent on the use of onsite wastewater treatment systems and any applicable standards. Require water connections to the existing main line to the extent permitted by state law Except for the exceptions required by state law we would require one parking space both for ADUs and for SB9 units and that parking space needs to be in addition to all existing parking spaces on the lot If the existing septic system or any supportive portion of the septic system on the property is more than 200 feet from the main sewer line, and the project requires a connection to the existing system, staff will need to make an administrative decision to determine if there is sufficient unencumbered area within the boundaries of the property to replace, improve, or relocate the septic system to support the additional living spaces. If unencumbered area will not support any portion of the upgrade or relocation of the septic system, staff can deny the project on the basis of a finding of adverse impact. Minutes Acceptance: Minutes of Mar 3, 2022 6:30 PM (CONSENT CALENDAR) Planning Commission to provide direction to staff to ensure that everything added to the ordinance complies with State law. ADOPT A RESOLUTION OF THE PLANNING COMMISSION/SITE AND ARCHITECTURAL REVIEW BOARD OF THE CITY OF GRAND TERRACE, CALIFORNIA, FINDING THE ADOPTION OF SB 9 REGULATIONS, AS PROVIDED HEREIN, IS NOT A PROJECT FOR PURPOSES OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO GOVERNMENT CODE SECTIONS 65852.21(J) AND 66411.7(N); FINDING THAT THE ADOPTION OF AN ORDINANCE REGARDING SECOND UNITS (ADUS) IN A SINGLE-FAMILY OR City of Grand Terrace Page 3 Packet Pg. 37 B.2 Minutes Grand Terrace Planning Commission/Site and Architectural Review Board March 3, 2022 MULTIFAMILY RESIDENTIAL ZONE TO IMPLEMENT GOVERNMENT CODE SECTIONS 65852.2 AND 65852.22, AS PROVIDED HEREIN, IS EXEMPT FROM CEQA REVIEW PURSUANT TO PUBLIC RESOURCES CODE SECTION 21080.17; AND RECOMMENDING THAT THE CITY COUNCIL ADOPT PROPOSED ORDINANCES ESTABLISHING OBJECTIVE STANDARDS FOR SB 9 LOT SPLITS AND DEVELOPMENTS, AND, FURTHER, UPDATING CITY REGULATIONS REGARDING ADUS RESULT: APPROVED \[UNANIMOUS\] MOVER: Jeffrey McConnell, Commissioner SECONDER: Edward A. Giroux, Chairman AYES: Edward A. Giroux, Tara Ceseña, Jeffrey McConnell, David Alaniz D.INFORMATION TO COMMISSIONERS th Associate Planner Aguirre announced the 15 Annual Blue Mountain Hike scheduled for Sunday, March 6, 2022, beginning at 8:00 a.m. Robert Khuu, Assistant City Attorney provided an update to the Planning Commission with respect to the last planning commission meeting in relation to the general plan request that staff check into what lot the City is actually purchasing from SBCTA. Staff confirmed that legal description in the Purchase & Sale Agreement only describes what staff depicted at the last meeting. E. INFORMATION FROM COMMISSIONERS Commissioner McConnell asked if there were any updates on the old Stater Bros. project. Commissioner Alaniz asked if there was any update on the Piara Pizza/Wingstop update. Luis Gardea, Building Official informed the Planning Commission that the project will move forward within the next couple of weeks. Minutes Acceptance: Minutes of Mar 3, 2022 6:30 PM (CONSENT CALENDAR) Commissioner Alaniz asked if the Planning Commission vacancy has been posted and published. Commissioner McConnell requested an update on the Pa Building Official Gardea informed the Planning Commission that the project is going through precise grading and a meeting is scheduled with the project representative to discuss the placement of the prefabricated office building. City of Grand Terrace Page 4 Packet Pg. 38 B.2 Minutes Grand Terrace Planning Commission/Site and Architectural Review Board March 3, 2022 ADJOURN Commissioner Ceseña adjourned the regular meeting of the Planning Commission/Site and Architectural Review Board at 8:40 p.m. The Next regular meeting of the Planning Commission/Site and Architectural Review Board to be held on March 17, 2022, at 6:30 p.m. _________________________________ _________________________________ Edward Giroux, Chairman of the Grand Debra Thomas, City Clerk Terrace Planning Commission Minutes Acceptance: Minutes of Mar 3, 2022 6:30 PM (CONSENT CALENDAR) City of Grand Terrace Page 5 Packet Pg. 39 B.3 CITY OF GRAND TERRACE PLANNING COMMISSION/SITE AND ARCHITECTURAL REVIEW BOARD MINUTES Council ChambersRegular Meeting6:30 PMPST Teleconference Location9:30 PM EST La Quinta Inn by Wyndham Amarillo Mid-City 1708 I-40, Room 216Amarillo, Texas 79103 CALL TO ORDER Planning Commissioner Tara Ceseña convened the Regular Meeting of the Planning Commission/Site and Architectural Review Board for Thursday, May 19, 2022, at 6:30p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Planning Commissioner David Alaniz. Attendee NameTitleStatusArrived Edward A. GirouxChairmanRemote Tara CeseñaCommissionerPresent David AlanizCommissionerPresent Konrad BolowichCity ManagerPresent Robert KhuuAssistant City AttorneyPresent Haide AguirreAssociate PlannerPresent Debra ThomasCity ClerkPresent APPROVAL OF AGENDA 1.Motion: APPROVAL OF AGENDA MAY 19, 2022 RESULT:ADOPTED \[UNANIMOUS\] MOVER:Edward A. Giroux, Chairman SECONDER:David Alaniz, Commissioner AYES:Edward A. Giroux, Tara Ceseña, David Alaniz PUBLIC ADDRESS None. City of Grand TerracePage 1 Packet Pg. 40 B.3 Minutes Grand Terrace Planning Commission/Site and Architectural Review Board May 19, 2022 A.CONSENT CALENDAR 2. Approval of Minutes Regular Meeting 03/03/2022 Continued to the Next Regular Meeting of the Planning Commission/Site and Architectural Review Board scheduled for June 2, 2022 RESULT: TABLED \[UNANIMOUS\] MOVER: David Alaniz, Commissioner SECONDER: Edward A. Giroux, Chairman AYES: Edward A. Giroux, Tara Ceseña, David Alaniz B.ACTION ITEMS None. C.PUBLIC HEARINGS None. D.PRESENTATIONS A. Presentation and Discussion Regarding Objective Design Standards for Multi-Family Housing and Mixed Use Developments Konrad Bolowich, City Manager presented the staff report and PowerPoint presentation for this item. The Planning Commissioners provided their suggestions to the amenities list presented, as well as requested clarification to several of the standards presented in the PowerPoint presentation. 1. THAT PLANNING COMMISSION/SITE AND ARCHITECTURAL REVIEW BOARD (FIRST) RECEIVE A PRESENTATION REGARDING OBJECTIVE DESIGN Minutes Acceptance: Minutes of May 19, 2022 6:30 PM (CONSENT CALENDAR) STANDARDS (ODS) AND (SECOND) DISCUSS AND PROVIDE FEEDBACK TO STAFF ON THE PROPOSED DRAFT OBJECTIVE DESIGN STANDARDS RESULT: NO ACTION TAKEN City of Grand Terrace Page 2 Packet Pg. 41 B.3 Minutes Grand Terrace Planning Commission/Site and Architectural Review Board May 19, 2022 E. INFORMATION TO COMMISSIONERS Haide Aguirre, Associate Planner provided the Planning Commission with the following information: May 30, 2022 June 4, 2022 City of Grand Terrace Community Day Celebration at Richard Rollins Park June 12, 2022 Vaccination Clinic at the City of Grand Terrace Dog Park F. INFORMATION FROM COMMISSIONERS March 16-18, 2022, Commissioner Ceseña attended the Planning Commissioners Academy held in San Ramon, California. She reported during the conference a lot of discussion was held on the ODS standards that were presented to the Commissioners informative annual conference. ADJOURN Adjourn to the next scheduled meeting of the Site and Architectural Review Board/Planning Commission to be held on June 2, 2022 at 6:30 p.m. _________________________________ _________________________________ Edward Giroux, Chairman of the Grand Debra L. Thomas, City Clerk Terrace Planning Commission Minutes Acceptance: Minutes of May 19, 2022 6:30 PM (CONSENT CALENDAR) City of Grand Terrace Page 3 Packet Pg. 42 D.1 AGENDA REPORT MEETING DATE:June 16, 2022Council Item TITLE:Art in Public Places Ordinance PRESENTED BY:Haide Aguirre, Associate Planner RECOMMENDATION:Adopt a RESOLUTION OF THE PLANNING COMMISSION/SITE AND ARCHITECTURAL REVIEW BOARD OF THE CITY OF GRAND TERRACE CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL MAKE A DETERMINATION THAT ZONING CODE AMENDMENT 22-04 IS EXEMPT FROM CEQA PURSUANT TO SECTION 15061(b)(3) AND RECOMMENDING THE CITY COUNCIL ADOPT AN ORDINANCE AMENDING TITLE 18 OF THE GRAND TERRACE MUNICIPAL CODE BY AMENDING CHAPTER 18.06 (DEFINITIONS) AND ADDING CHAPTER 18.81 ESTABLISHING ART IN PUBLIC PLACES REQUIREMENTS 2030 VISION STATEMENT: This staff report supports our Mission Statement, to preserve and protect our community and its exceptional quality of life through thoughtful planning, within the constraints of fiscally responsible government. Goal No. 3, to promote economic development by updating zoning and development codes in preparation of future development and attract and retain businesses. BACKGROUND: The City of Grand Terrace desires to implement an Art in Public Places Program. Art located in public places has the power to add beauty, character, and a sense of history to the city. It also provides a diverse and culturally rich environment, enhances the quality of live, educates the public, and becomes an economic asset by attracting business and visitors. Grand Terrace has multiple opportunities for development and staff is currently working on future potential projects that will bring more housing, business,and job opportunities. public art is presentthroughout the City,it is necessary to require all new development in the City of Grand Terrace to include an element of public art; or where appropriate, contribute to a City fund for public art, in an amount to be determined by the City Council, in lieu of providing said art. Packet Pg. 43 D.1 Incorporating an art component requirement to all future developments would revitalize life, and promote healthy living by drawing residents, visitors, and workers to the outdoor space. DISCUSSION: The proposed amendment to the zoning code establishes the following: Expands opportunities for citizens of the City of Grand Terrace to experience public art resulting from the creative expression of visual artists throughout the City. (Artist in this amendment is defined as a practitioner in the Arts, generally recognized by critics and peers as one who produces works of art through a record of exhibitions, public commissions, sales of work or educational attainment). The cost of public art for all new development except single family residential must be equal to at least one percent (1%) of the estimated total construction cost (labor and materials only) to the developer, for all new development projects. The developer has the option to opt out of the public art requirement and instead pay the equivalent in lieu fee which shall be a one percent (1%) fee of the total estimated construction cost. The cost of public art for single family residential must be equal to at least one half (½%) of the estimated total construction cost (labor and materials only) to the developer, for all new development projects. The developer has the option to opt out of the public art requirement and instead pay the equivalent in lieu fee which shall be a one half percent (½%) fee of the total estimated construction cost. City Manager is directed to create a special interest-bearing fund entitled Public Art Fund, or other appropriate accounting mechanism. Creates a Public Art Fund as a separate fund to receive monies from any source by the Public Art Fund. Funds shall be expended solely for the costs associated with projects that result in the creation, purchase, installation, security, or maintenance of art in public places. Public art on private property will be owned by the underlying property owner owner and pass to the successive owners of the development project. Public art installed on public property is owned by the City of Grand Terrace. The proposal for public art in a construction project shall be considered as an element of the site and architectural design review. Approval of all public art shall require a review of the City of Grand Terrace Planning Commission. Removal of public art must go through a site review process unless the replacement will be identical to the existing artwork and in the same location. Cost of replacement shall be equal to, or greater than, the initial cost of the existing public art to be removed adjusted for time. Packet Pg. 44 D.1 Park and Recreation Committee recommendations include, beehive, wall art, wrap for dumpster enclosures, tiles on wall at Commerce Way and Barton Road, frames on walls along Barton Road next to the Grand Terrace Elementary School, Veterans Freedom Park Mural, Framed Art along Mount Vernon Avenue, Wrap Trash Cans, New Digital Sign, Wrap Utility Boxes, Place Statuary at Palm Avenue and Barton Road. Additionally, this ordinance would not apply to certain housing development projects to the extent that SB 330 prohibits the application thereof. ENVIRONMENTAL: The proposed zoning code amendment is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines, Section 15061(b)(3), which states the activity is covered by the general rule that CEQA applies only to projects \[that\] have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Amending the Grand Terrace Code to include a public art component would not result in any significant environmental impacts due to the narrow scope of the project. Future development projects subject to the proposed ordinance would be reviewed for potential environmental impacts, including any impacts related to the design and placement of public art components. PUBLIC NOTICE: Public notice was provided in accordance with state law, which included publishing a legal advertisement in the Grand Terrace City News, and posting in three public places. As of the date of this report, staff has not received any comments. CONCLUSION: Staff is recommending that the Planning Commission adopt the attached resolution recommending that the City Council adopt an ordinance amending Title 18 of the Grand Terrace Municipal Code by amending Chapter 18.06 (Definitions) and adding Chapter 18.81 establishing an Art in Public Places requirement for all new development projects. ATTACHMENTS: Resolution Draft_5.24.2022 (DOCX) Art in Public Places_Exhibit A_6.8.2022 Final Draft (DOCX) Ordinance Draft_5.23.2022 (DOC) APPROVALS: Haide Aguirre Completed 05/24/2022 2:19 PM Packet Pg. 45 D.1 Debra ThomasCompleted05/25/2022 9:18 AM City Attorney Completed 06/08/2022 6:58 PM Konrad Bolowich Completed 05/26/2022 11:30 AM Planning Commission/Site And Architectural Review Board Pending 06/02/2022 6:30 PM Packet Pg. 46 D.1.a RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION/SITE AND ARCHITECTURAL REVIEW BOARD OF THE CITY OF GRAND TERRACE CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL MAKE A DETERMINATION THAT ZONING CODE AMENDMENT 22-04 IS EXEMPT FROM CEQA PURSUANT TO SECTION 15061(b)(3) AND RECOMMENDING THE CITY COUNCIL ADOPT AN ORDINANCE AMENDING TITLE 18 OF THE GRAND TERRACE MUNICIPAL CODE BY AMENDING CHAPTER 18.06 (DEFINITIONS) AND ADDING CHAPTER 18.81 ESTABLISHING ART IN PUBLIC PLACES REQUIREMENTS WHEREAS, pursuant to Sections 65800 and 65850 of the California Government Code, the City may adopt ordinances to regulate the use of buildings in compliance with the California Government Code; and WHEREAS, the proposed amendment to the Municipal Code is consistent with the goals and policies of the City of Grand Terrace General Plan; and WHEREAS, this Ordinances proposes to amend the Municipal Code, Title 18 (Zoning), Chapter 18.06 (Definitions) to include -related definitions and add a Chapter 18.81 establishing Art in Public Places requirements as provided in Zone Code Amendment 22-04, which is attached hereto and incorporated herein by this reference as Exhibit A; and WHEREAS, in order to ensure that public art is present throughout the community it is necessary to require that all new development in the City of Grand Terrace include an element of public art; or where appropriate, contribute to a City fund for public art, in an amount to be determined by the City Council, in lieu of providing said art; and WHEREAS, pursuant to Chapter 18.90 (Amendments) of the City of Grand Terrace Municipal Code, the Planning Commission shall hold a public hearing on any proposed amendment to the Zoning Code; and WHEREAS, Zoning Code Amendment 22-04 is exempt from California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) which states the activity is covered by the general rule that CEQA applies only to projects \[that\] have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant Attachment: Resolution Draft_5.24.2022 \[Revision 2\] (Art in Public Places Ordinance (ZCA 22-04)) effect on the environment, the activity is not subject to CEQA. Amending the Grand Terrace Code to include a public art component would not result in any significant environmental impacts due to the narrow scope of the project; and WHEREAS, on June 16, 2022, the Grand Terrace Planning Commission/Site and conducted duly noticed public hearings at a regular meeting of the Planning Commission on Zoning Code Amendment Packet Pg. 47 D.1.a 22-04at the Grand Terrace City Hall Council Chambers located at 22795 Barton Road and concluded the hearing by adopting a Resolution recommending City Council approval of an Ordinance establishing Art in Public Places requirement; and WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred. NOW THEREFORE, BE IT RESOLVED by the Planning Commission Site and Architectural Review Board of the City of Grand Terrace: 1. The recitals set forth above are incorporated herein by this reference. 2. Based upon the forgoing and all testimony made by members of the public and City staff (including, but not limited to, all staff report and attachments) at the public hearing, the Planning Commission Site and Architectural Review hereby finds that the Zoning Code Amendment 22-04 satisfies the requirements of CEQA because: a. The proposed Zoning Code Amendment 22-04 is covered by the general rule that the California Environmental Quality Act (CEQA) applies only to projects, which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The proposed amendments will not create any significant effects on the environment; therefore, the Planning Commission hereby determines that the proposed amendments are exempt from CEQA pursuant of section 15061(b)(3). 3. Based upon the forgoing and all testimony made by members of the public and City staff (including, but not limited to, all staff report and attachments) at the public hearing, the Planning Commission Site and Architectural Review finds as follows with respect to Zoning Code Amendment 22-04: 1. Zoning Code Amendment 22-04 will not be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working within the City because these amendments establish requirements that will support a diverse and culturally rich environment, quality of live, and promotes healthy living by drawing residents, visitors, and workers to the outdoor space. Attachment: Resolution Draft_5.24.2022 \[Revision 2\] (Art in Public Places Ordinance (ZCA 22-04)) 2. Zoning Code Amendment 22-04 is consistent with the General Plan and the Municipal Code because these amendments establish requirements that supports the goals and policies of the General Plan programs and policies that will preserve and enhance the quality and character of the city, encourage freeway oriented commercial uses, provide Packet Pg. 48 D.1.a open space identity enhancements, and serve the social and cultural needs of the community. 3. Zoning Code Amendment 22-04 will not be injurious to property or improvements in the neighborhood or within the city. The establishment of a enhance the visual character of the community as well as curb the negative impacts of developments in general. 3. These amendments shall become effective thirty (30) days from and after its adoption by the City Council. 4. Based upon the forgoing and all testimony made by members of the public and City staff (including, but not limited to, all staff report and attachments) at the public hearing, this Planning Commission hereby recommends that the City Council determine that Zoning Code Amendment 22-04 is exempt from California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) and adopt Zoning Code Amendment 22-04 revising sections of the Title 18 (Zoning) amending Chapter 18.06 (Definitions) and adding Chapter 18.81 establishing Art in Public Places requirements, as provided in Exhibit A. PASSED AND ADOPTED by the Planning Commission of the City of Grand Terrace, California, at a regular meeting held on the 16 day of June 2022. AYES: NOES: ABSENT: ABSTAIN: ATTEST: __________________________ __________________________ Debra L. Thomas Edward Giroux City Clerk Chairman Attachment: Resolution Draft_5.24.2022 \[Revision 2\] (Art in Public Places Ordinance (ZCA 22-04)) Packet Pg. 49 D.1.b EXHIBIT A TITLE 18- ZONING ZONING CODE AMENDMENT 22-020 Chapter 18.06 (Definition) of Title 18 (Zoning) of the Grand Terrace Municipal Code is amended by adding the following Sections: 18.06.067 Art in Public Places "Art in Public Places" means any work of art which is designed for and sited in a space accessible to the public, from a public square to a wall inside a building open to the public. Art in Public Places requirements are provided in Chapter 18.81. Chapter 18.81 (Art in Public Places) is hereby added to Title 18 (Zoning) of the Grand Terrace Municipal Code as follows: CHAPTER 18.81 - ART IN PUBLIC PLACES Sections: 18.81.010 Purpose 18.81.020 Definitions 18.81.030 Applicability 18.81.040 Exceptions 18.81.050 Final City Approval 18.81.060 Art in Public Places Program Requirements 18.81.070 Ownership and Maintenance of Art 18.81.080 Procedures for Art Installed in Private Property; Review Process and Standards 18.81.090 Procedures for Art Donated to the City 18.81.100 Application Submittal Requirements 18.81.110 Removal of Public Art 18.81.120 Annual Report 18.81.130 Authority for Additional Mitigation 18.81.140 Waiver Section 18.81.010 Purpose A. The purpose of this chapter is to expand the opportunities for citizens of the City of Grand Terrace to experience public art resulting from the creative expression of its visual artists in Public Places throughout the City. A standard is hereby established to direct the inclusion of works of Attachment: Art in Public Places_Exhibit A_6.8.2022 Final Draft \[Revision 1\] (Art in Public Places Ordinance (ZCA 22-04)) art in new Development Projects and establishing a fund used solely for the creation, purchase, installation, security, and maintenance of art in public spaces throughout the City. 01247.0005/796054.5 Packet Pg. 50 D.1.b B. The City Council finds and declares as follows: 1. Cultural and artistic resources enhance the quality of life for individuals living in, working in, and visiting the City. 2. Balanced development of cultural and artistic resources preserves and improves the quality of the urban environment and increases real property values. 3. Development of cultural and artistic assets should be finance by those whose development and revitalization diminish the availability to community urbanization. 4. Establishment of this Art in Public Places Program will promote the and revitalization and is cultural and artistic resources. Section 18.81.020 Definitions A. peers as one who produces works of art through a record of exhibitions, public commissions, sale of works, or educational attainment. B. including but not limited to: 1. sculpture in any material or combination of materials 2. painting all media including portable and permanently affixed works, such as murals and frescoes 3. graphic arts print making and drawing 4. mosaics 5. photography 6. crafts in clay, fiber and textiles, wood, metal, plastics, and other materials 7. calligraphy 8. stained glass Attachment: Art in Public Places_Exhibit A_6.8.2022 Final Draft \[Revision 1\] (Art in Public Places Ordinance (ZCA 22-04)) 9. mixed media any combination of forms or media, including collage 01247.0005/796054.5 2 Packet Pg. 51 D.1.b 10.lightingelements not integral to the illumination of the art 11. dedication ceremonies 12. water generated art C. "Art in Public Places" means any work of art which is designed for and sited in a space accessible to the public, from a public square to a wall inside a building open to the public. D. Building Vs the construction cost for labor and materials computed using the latest building valuation data as set forth by the International Conference of Building Officials (ICBO), excluding land acquisition and off-site improvement costs. E. F. designee. G. Development Project. H. a proposal for the development of improved or unimproved real property, including but not limited to: offices, hotels, motels, restaurants. I. and his or her designee. J. eans a separate fund established to receive monies from any source by the Public Art Fund. K. accessible or visible to the general public a minimum of eight (8) hours during a business day. L. eans the Planning Commission of the City of Grand Terrace. Section 18.81.030 Applicability A. Except as provided in Section 18.81.040, this chapter shall apply to all works of construction and rehabilitation within the City for which a building permit is required, including, but no limited to, the following: Attachment: Art in Public Places_Exhibit A_6.8.2022 Final Draft \[Revision 1\] (Art in Public Places Ordinance (ZCA 22-04)) 1. New commercial and industrial construction. 01247.0005/796054.5 3 Packet Pg. 52 D.1.b 2.Remodeling or reconstruction of existing commercial or industrial property. 3. Residential subdivisions or development of two or more units, whether by detached single-family residential structures, condominiums, apartments, duplexes, townhouses, or other dwelling units being built in the same tract by the same Developer. B. The creator of the work of Art shall be an Artist through a record of exhibitions, public commissions, sale of works, or educational attainment. Section 18.81.040 Exceptions. A. This chapter shall not apply to the following construction and rehabilitation activities: 1. Public projects undertaken by any agency of the City, the state, county, school district, or any other governmental entity. 2. Remodeling, repair or reconstruction of structures to comply with earthquake seismic safety code standards or which have been damaged by fire, flood, wind, earthquake, or other calamity. 3. Remodeling, repair, or reconstruction of residential units. 4. Nonprofit, social service, or cultural institution projects. 5. Low to moderate housing projects as defined by the household Health and Safety Code Section 50093. 6. Affordable housing development receiving City, state, or federal assistance. 7. Private educational institutions which provide general education equivalent to the public school system (kindergarten through high school or any part thereof). 8. Housing development projects to the extent that such housing development projects comply with applicable, objective general plan, zoning, and subdivision standards and criteria, including design review standards, in effect at the time that the application thereof was deemed complete. Further, this chapter shall not apply to housing development projects to the extent that applicable law, including but not limited to, Government Code Section 65589.5, prohibits the Attachment: Art in Public Places_Exhibit A_6.8.2022 Final Draft \[Revision 1\] (Art in Public Places Ordinance (ZCA 22-04)) application of this chapter upon housing development projects. For 01247.0005/796054.5 4 Packet Pg. 53 D.1.b Government Code Section 65589.5. 9. Such other circumstances where applicable law prohibits the application of this chapter. Section 18.81.050 Final City Approval A. No final City approval, such as a final inspection or a certificate of occupancy, for any Development Project subject to this chapter shall be granted or issued unless and until full compliance with the Art in Public Places is achieved in one of the following ways: 1. The Developer shall provide the City with proof of installation of the required the work of Art in a manner satisfactory to the City pursuant to Section 18.81.060. 2. In-lieu fees have been paid as calculated pursuant to Section 18.81.060. 3. Financial security in an amount equal to the acquisition and installation cost of an approved works of Art as calculated pursuant to Section 18.81.060 and in a form approved by the city attorney have been posted. 4. An approved work of Art has been donated and accepted by the City pursuant to Section 18.81.100. Section 18.81.060 Art in Public Places Program Requirements A. Public Art Requirement. The Developer shall acquire and install Art on or in the vicinity of the Development Project, which shall be in a Public Place, in accordance with provisions of this chapter. The value of the Art shall be at least as follows: 1. The cost of Art for all new Development Projects (except single family residential) shall be equal to at least one percent (1%) of the estimated total Building Valuation. 2. The cost of the work of Art for Development Projects that are single family residential development must be equal to at least ½% of the estimated total Building Valuation. Attachment: Art in Public Places_Exhibit A_6.8.2022 Final Draft \[Revision 1\] (Art in Public Places Ordinance (ZCA 22-04)) B. Monetary Contribution In Lieu of Public Art. In lieu of acquiring and installing Art on or in the vicinity of the development site in a Public Place pursuant to subsection A of this section, the Developer may elect to make a monetary 01247.0005/796054.5 5 Packet Pg. 54 D.1.b contribution to the Public ArtFund as follows: 1. In the amount of at least one percent (1%) fee of the total estimated construction cost for all new development except single family residential. 2. In the amount of at least one half percent (½%) fee of the total estimated construction cost for new single family residential development. C. If the Developer chooses to pay the in lieu fee, payment in full shall be required at the same time as when all other fees are due on any development processed through the City or upon completion of the project, whichever occurs first. D. Nothing in this section shall prohibit the Developer from placing an approved work of Art with a value, including acquisition and installation costs, totaling an amount less than the Art in Public Places Program allocation provided for in this section, provided that, in that event, the Developer shall also pay into the Public Art Fund an amount equal to the difference between the Art in Public Places Program allocation and the value, including costs of acquisition and installation, of the work of Art placed. This subsection D shall not apply to Industrial Development Projects. Section 18.81.070 Public Art Fund A. Public Art Fund Created. 1. The City Manager is hereby directed to create a special interest- bearing fund entitled Public Art Fund, or other appropriate accounting mechanism. 2. The City Manager shall administer the Public Art Fund. B. Placement and Use of Funds in Public Art Fund. 1. All amounts collected from the in lieu fee collected pursuant to Section 18.81.060(B) shall be placed in said Public Art Fund and expended by the City Manager solely for the costs associated with projects that result in the creation, purchase, installation, security, or maintenance of Art in public spaces. 2. Furnishings or fixtures affixed to the building or its grounds, including architectural features of the building or landscaping that have been Attachment: Art in Public Places_Exhibit A_6.8.2022 Final Draft \[Revision 1\] (Art in Public Places Ordinance (ZCA 22-04)) uniquely enhanced to be visually appealing, may qualify as Art. Works of Art may be temporary as well as permanent. 01247.0005/796054.5 6 Packet Pg. 55 D.1.b 3.When selecting the location for Artpurchased though the Public Art Fund, preference shall be given to publicly accessible Public Places. This would include libraries, parks, office buildings, sidewalks, traffic islands, lobbies, plazas, adjacent open spaces or exterior treatment of publicly owned buildings shall be potential sites, but the offices themselves of publicly owned buildings shall not be considered acceptable sites. 4. Location and Art purchased through the Public Art Fund shall be reviewed by the Planning Commission with recommendation to the City Council for final approval. 5. Recommendations for installations may be requested from the Parks and Recreation Committee, the Art Committee, the Planning Commission, the City Council, or other City committee. Section 18.81.080 Ownership and Maintenance of Art A. All works of Art installed pursuant to this chapter on private property shall remain the property of the owner of a site for which the final building permit or certificate of occupancy related to the Development Project was obtained property owner must provide all maintenance necessary to preserve and maintain the works of Art in good condition and in the manner approved by the City. 1. Title to all works of Art required by and installed pursuant to this section on private property shall be vested in the owner thereof and pass to the successive owners of the Development Project. 2. Prior to placement of the work of Art, the owner of the subject private property shall execute and record a covenant, agreement, or other instrument, in the form approved by the City Attorney, setting forth a description of the work of Art and acknowledging the obligation of the owner of the subject site to repair and maintain the work of Art. This document shall run with the land and provide notice to future property owners of the obligation to repair and maintain the work of Art and of certain limitations related to any federal, state, or local requirements governing the rights of the Artist, including but not limited to right regarding the alteration, modification or relocation of subject work of Art. 3. Each successive owner shall be responsible for the custody, protection, repairing, restoring, maintenance, or reacting the work of Art in the event of physical defacement, mutilation, alteration or Attachment: Art in Public Places_Exhibit A_6.8.2022 Final Draft \[Revision 1\] (Art in Public Places Ordinance (ZCA 22-04)) destruction, and securing and maintaining insurance coverage in an amount to be approved by the City for: fire, flood, wind, earthquake and natural disaster, vandalism and extended liability. 01247.0005/796054.5 7 Packet Pg. 56 D.1.b 4. Any time the City determines that the work of Art has not been maintained in substantial conformity with the manner in which it was originally approved, the City may require the current property owner to maintain, repair, restore, or replace the work of Art. 5. Failure to maintain the work of Art as provided in this chapter is declared to be a public nuisance and may be abated as such pursuant to applicable provisions of City of Grand Terrace Municipal Code. B. Art donated to and accepted by the City or installed on public property and accepted by the City is owned by the City and maintenance, removal or protection thereof is the responsibility of the City. Section 18.81.090 Procedures for Art installed on Private Property; Review Process and Standards An application for placement of Art on private property shall be submitted to the Director and shall include the following information, at minimum: A. The Developer shall submit a narrative proposal and artistic rendering of the proposed work of Art in satisfaction of the requirements imposed by this section, including any additional information, plans or maps prescribed by the Director at the time of submission of their development application, or indicate an intention to pay the in lieu fees. The application shall also comply with the requirements of Section 18.81.110. B. The proposal for the work of Art shall be considered as an element of the Site and Architectural design review process, pursuant to the Chapter 18.63. C. The approval of all works of Art to be created, purchased, installed, secured and maintained under this section shall require a review and approval of the City of Grand Terrace Planning Commission. D. The decision of the Planning Commission shall be final unless appealed to the City Council, pursuant to Chapter 18.63. E. Review of all proposed works of Art shall be considered based on the following criteria: 1. Conceptual compatibility of the design with the immediate Attachment: Art in Public Places_Exhibit A_6.8.2022 Final Draft \[Revision 1\] (Art in Public Places Ordinance (ZCA 22-04)) environment of the site. 2. Appropriateness of the design to the function of the site. 01247.0005/796054.5 8 Packet Pg. 57 D.1.b 3. Compatibility of the design and location within a unified design character or historical character of the site. 4. Creation of an internal sense of order and a desirable environment for the general community by the design and location of the work of Art. 5. Preservation and integration of natural features with the project. 6. Consideration should be given to structural and surface integrity, permanence, and protection against theft, vandalism, weathering, excessive maintenance, and repair cost. 7. Representation of a broad variety of tastes within the community and the provision of a balanced inventory of Art in Public Places to ensure a variety of style, design and media throughout the community that will be representative of the eclectic tastes of the community. 8. Works of Arts and Art places should be appropriate in scale, form, and content for the immediate, general, social, and physical environments with which they relate. Section 18.81.100 Procedures for Art Donated to City. A. Art Donated as Part of a Development Project. 1. In the event a Developer elects to donate the work of Art to the City pursuant to this chapter as part of a Development Project, an application for acceptance of works of Art to be donated to the City (including for such works of Art to be placed on public property, as applicable) shall be submitted to the Director and comply with the requirements of Section 18.81.110. This application shall be submitted at the same time as the Developer Development Project. 2. The application shall also include a written agreement, in form approved by the City Attorney, executed by or on behalf of the Artist who created the Art, which expressly waives his/her rights under the California Art Preservation Act or other applicable law. 3. The proposal for the work of Art shall be considered as an element of the Site and Architectural design review process, pursuant to Attachment: Art in Public Places_Exhibit A_6.8.2022 Final Draft \[Revision 1\] (Art in Public Places Ordinance (ZCA 22-04)) Chapter 18.63. 4. The Director shall review the application submitted pursuant to this 01247.0005/796054.5 9 Packet Pg. 58 D.1.b sectionand provide a recommendation to the Planning Commission. The Planning Commission shall consider and may either accept (or conditionally accept) or deny the proposed work of Art. Review of all proposed works of Art shall be considered based on the criteria provided in Section 18.81.090(E). The decision of the Planning Commission shall be final unless appealed to the City Council, pursuant to Chapter 18.63. Section 18.81.110 Application Submittal Requirements A. Any works of Art being donated or placed on public or private property pursuant to this Chapter shall be one-of-a-kind piece. The application shall include: 1. Preliminary sketches, photographs, or other documentation of sufficient descriptive clarity to indicate the nature of the proposed works of Art. 2. An appraisal or other evidence of the value of the proposed works of Art, including acquisition, and installation cost. 3. Preliminary plans shall contain detail information of the works of Art, location, and compatibility with the proposed development. The works of Art shall be an integral part of the landscaping and/or architecture of the building, including compatibility with the character of adjacent conforming development parcels and existing neighborhoods if necessary to evaluate the proposal. 4. A narrative statement to demonstrate that the works of Art will be displayed in an area open and freely available to the general public, or otherwise provide public accessibility in an equivalent manner based on the characteristics of the works of Art or its placement on the site. 5. Other information as may be required by the Director to adequately evaluate the proposed donation of public Art. B. If the work of Art is to be donated to the City, an appraisal or other evidence of the value of the proposed work of Art, including acquisition and installation costs. Section 18.81.120 Removal of Public Art A. If, for any reason, the current owner or successor in interest shall choose to Attachment: Art in Public Places_Exhibit A_6.8.2022 Final Draft \[Revision 1\] (Art in Public Places Ordinance (ZCA 22-04)) replace any work of Art installed pursuant to this section, the following requirements shall be met before the Art is replaced: 01247.0005/796054.5 10 Packet Pg. 59 D.1.b 1.The replacement of the work of Artmust go through the site review process established above, unless the replacement will be identical to the existing works of Art and in the same location. 2. The cost of the replacement shall be equal to, or greater than, the initial cost of the existing work of Art to be removed adjusted for time. 3. The location of the replacement work of Art shall be located in a Public Place and meet the requirement for public visibility in effect at the time of the replacement. 4. The replacement of the work of Art shall conform, in every respect, to all standards in effect at the time of the replacement. 5. The replacement work of Art, location and installation shall violate no other ordinance. 6. The replacement work of Art shall be installed within 180 days of the removal of the existing work of Art piece unless the period is extended by the Director. 7. The owner may choose to pay an in lieu fee equivalent to the cost of the replacement of the existing work of Art as calculated in Section 18.81.060. Section 18.81.130 Annual Report The City Manager shall annually prepare and present a report to the City Council indicating the amount of revenues accumulated in the Art in Public Places Fund and the expenditures made by the City in the preceding fiscal year. Section 18.81.140 Authority for Additional Mitigation Fees collected pursuant to this section do not replace existing development fees or other charges or limit requirements or conditions to provide additional mitigation of impacts imposed upon Development Projects as part of the normal development review process. Section 18.81.150 Waiver The City Manager may request that the City Council exclude certain capital improvement projects from the provisions of this ordinance by the passage of a resolution authorizing such a waiver. Attachment: Art in Public Places_Exhibit A_6.8.2022 Final Draft \[Revision 1\] (Art in Public Places Ordinance (ZCA 22-04)) 01247.0005/796054.5 11 Packet Pg. 60 D.1.c ORDINANCE NO. ___ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, STATE OF CALIFORNIA, FINDING ZONING CODE AMENDMENT 22-04 IS EXEMPT FROM CEQA PURSUANT TO SECTION 15061(B)(3) AND AMENDING TITLE 18 OF THE GRAND TERRACE MUNICIPAL CODE, CHAPTER 18.06 (DEFINITIONS), AND ADDING CHAPTER 18.81 ESTABLISHING ART IN PUBLIC PLACES REQUIREMENTS WHEREAS, code, which has been amended from time to time; and WHEREAS, pursuant to Sections 65800 and 65850 of the California Government Code, the City may adopt ordinances to regulate the use of buildings in compliance with the California Government Code; and WHEREAS, the proposed Zone Code Amendment 22-04 to the Municipal Code is consistent with the goals and policies of the City of Grand Terrace General Plan; and WHEREAS, this Ordinances proposes to amend the Municipal Code, Title 18 (Zoning), Chapter 18.06 (Definitions) to include Art in Public Places-related definitions and add a Chapter 18.81 establishing Art in Public Places requirements; and WHEREAS, the City Council has determined that public art is a critical element of providing a diverse and culturally rich environment to residents and visitors to Grand Terrace that promotes the general public welfare; and WHEREAS, a well-conceived work of art can increase the value of a development project, help to lease space more quickly, enhance the corporate image of the community, promote cultural tourism, and provide a visible and lasting contribution to the community in return for the ability to build; and WHEREAS, in order to ensure that public art is present throughout the community it is necessary to require that all new development in the City of Grand Terrace include an element of public art; or where appropriate, contribute to a City fund for public art, in an amount to be determined by the City Council, in lieu of providing said art; and Attachment: Ordinance Draft_5.23.2022 \[Revision 3\] (Art in Public Places Ordinance (ZCA 22-04)) WHEREAS, the City Council takes legislative notice of court cases holding that regulations imposing aesthetic requirements through zoning enactments are valid exercises of the police power and do not constitute impermissible takings merely because they may restrict uses or impose costs in conjunction with the development of property (see e.g., th Ehrlich v. City of Culver City, 12 Cal. 4 854, 885-886 (1996); and Packet Pg. 61 D.1.c WHEREAS,the requirement that applicants for developmentprojects provide either public art or an in lieu equivalent is a legitimate and valid land use regulation that has been compared by the California courts as akin to traditional land use regulations imposing minimal setbacks, parking and lighting conditions, landscaping requirements and other design conditions; and WHEREAS, the City Council hereby finds that the public art contribution, as provided by this Ordinance, ubject to the requirements of the California Mitigation Fee Act, California Government Code 66000 et seq, nor a development exaction subject to the heightened scrutiny of relevant rules set forth in Nollan v. California Coastal Commission, 483 U.S. 825 (1987) and Dolan v. City of Tigard, 512 U.S. 374 (1994), but rather, that the public art contribution is a zoning requirement that police power; and WHEREAS, pursuant to Chapter 18.90 (Amendments) of the City of Grand Terrace Municipal Code, the City Council shall hold a public hearing on any proposed amendment to the Zoning Code; and WHEREAS, Zoning Code Amendment 22-04 is exempt from California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) which states the activity is covered by the general rule that CEQA applies only to projects \[that\] have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Amending the Grand Terrace Code to include a public art component would not result in any significant environmental impacts due to the narrow scope of the project; and WHEREAS, on June 16, 2022, the Grand Terrace Planning Commission conducted duly noticed public hearings at a regular meeting of the Planning Commission on Zoning Code Amendment 22-04 at the Grand Terrace City Hall Council Chambers located at 22795 Barton Road and concluded the hearing by adopting a Resolution recommending that the City Council determine that this Ordinance is exempt from CEQA pursuant to Section 15061(b)(3) and approve this Ordinance establishing Art in Public Places requirement; and WHEREAS, on ______, 2022, the City Council conducted a duly noticed public hearing on the ordinance at the Grand Terrace Council Chambers located at 22795 Barton Road, Grand Terrace, California 92313 and conducted second reading on______, 2022; and Attachment: Ordinance Draft_5.23.2022 \[Revision 3\] (Art in Public Places Ordinance (ZCA 22-04)) 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 specifically finds that all the facts set forth in the above Recitals, are true and correct and, further, incorporated such facts herein. 2 Packet Pg. 62 D.1.c SECTION 2.Based upon theforgoingand all oral and written testimony by members of the public and City staff (including, but not limited to, staff reports and attachments) made at the public hearing, the City Council hereby finds that the Project is not subject to environmental review pursuant to Section 15061(b)(3) of Title 14 of the California Code of Regulations because the revisions are regulatory in nature and will not in themselves create impacts to the environment. SECTION 3. Based upon the forgoing and all oral and written testimony by members of the public and City staff (including, but not limited to, staff reports and attachments) made at the public hearing, the City Council specifically finds as follows: 1. Zoning Code Amendment 22-04 will not be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working within the City because these amendments establish Art in Public Places requirements that will support a diverse and culturally rich environment, educates the public, and becomes an economic asset. In addition, Art in Public Places enhances the visual character of the community, improves the quality of live, and promotes healthy living by drawing residents, visitors, and workers to the outdoor space. 2. Zoning Code Amendment 22-04 is consistent with the General Plan and the Municipal Code because these amendments establish Art in Public Places requirements that supports the goals and policies of the General Plan programs and policies that will preserve and enhance the quality and character of the city, encourage freeway oriented commercial uses, provide open space identity enhancements, and serve the social and cultural needs of the community. 3. Zoning Code Amendment 22-04 will not be injurious to property or improvements in the neighborhood or within the city. The establishment of a Art in Public Places requirements will revitalize the citys image and enhance the visual character of the community as well as curb the negative impacts of developments in general. SECTION 4. Based upon the forgoing and all oral and written testimony by members of the public and City staff (including, but not limited to, staff reports and attachments) made at the public hearing, the City Council finds this Ordinance, adopting Zone Code Amendment 22-04, is exempt from CEQA pursuant to section 15061(b)(3). Attachment: Ordinance Draft_5.23.2022 \[Revision 3\] (Art in Public Places Ordinance (ZCA 22-04)) SECTION 5. Based upon the forgoing and all oral and written testimony by members of the public and City staff (including, but not limited to, staff reports and attachments) made at the public hearing, the City Council hereby amends Title 18 (Zoning) of the Grand Terrace Municipal Code as provided in Exhibit A, attached hereto and incorporated herein by reference. 3 Packet Pg. 63 D.1.c SECTION 6.Inconsistencies. Any provision of the GrandTerrace Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance. SECTION 7. Severability. Should any provision of this Ordinance, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have no effect on any other provision of this Ordinance or the application of this Ordinance to any other person or circumstance and, to that end, the provisions hereof are severable. The City Council of the City of Grand Terrace declares that it would have adopted all the provisions of this ordinance that remain valid if any provisions of this ordinance are declared invalid. SECTION 8. Effective Date. This Ordinance shall become effective thirty (30) days from and after its adoption. SECTION 9. First read at a regular meeting of the City council held on the __ day of ____ 2022. SECTION 10. Certification. The Mayor shall sign, and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published and posted pursuant to the provisions of law in that regard and this Ordinance shall take effect 30 days after its final passage. PASSED, APPROVED AND ADOPTED by the City Council of the City of Grand Terrace at a regular meeting held on the___ day of ____2020. __________________________ Darcy McNaboe, Mayor ATTEST: Debra L. Thomas, City Clerk Attachment: Ordinance Draft_5.23.2022 \[Revision 3\] (Art in Public Places Ordinance (ZCA 22-04)) APPROVED AS TO FORM: Adrian R. Guerra City Attorney 4 Packet Pg. 64 D.1.c Attachment: Ordinance Draft_5.23.2022 \[Revision 3\] (Art in Public Places Ordinance (ZCA 22-04)) 5 Packet Pg. 65