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1-18-2018 CITY OF GRAND TERRACE PLANNING COMMISSION/SITE AND ARCHITECTURAL REVIEW BOARD AGENDA Council ChambersRegular Meeting12:00 AM The City of Grand Terrace complies with the Americans with Disabilities Act of 1990. If you require special assistance to participate in this meeting, please call the City Clerk's office at (909) 824-6621 at least 48 hours prior to the meeting. If you desire to address the Planning Commission during the meeting, please complete a Request to Speak Form available at the entrance and present it to the City Clerk. Any documents provided to a majority of the Planning Commission regarding any item on this agenda will be made available for public inspection in the City Clerk's office at City Hall located at 22795 Barton Road during normal business hours. In addition, such documents will be posted on the City's website at www.grandterrace- ca.gov<http://www.grandterrace-ca.gov CALL TO ORDER Convene the Meeting of the Planning Commission and Site and Architectural Review Board. Pledge of Allegiance. Roll Call Attendee NamePresentAbsentLateArrived Chairman Tom Comstock Vice Chair Tara Ceseña Commissioner Jeffrey Allen Commissioner Edward A. Giroux Commissioner Gregory A. Goatcher APPROVAL OF AGENDA City of Grand TerracePage 1 Agenda Grand Terrace Planning Commission/Site and Architectural Review Board January 18, 2018 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. A.CONSENT CALENDAR 1. Approval of Minutes Regular Meeting 04/06/2017 DEPARTMENT: CITY CLERK 2. Approval of Minutes Regular Meeting 06/15/2017 DEPARTMENT: CITY CLERK 3. Approval of Minutes Regular Meeting 11/02/2017 DEPARTMENT: CITY CLERK 4. Approval of Minutes Regular Meeting 11/16/2017 DEPARTMENT: CITY CLERK 5. Approval of Minutes Regular Meeting 12/21/2017 DEPARTMENT: CITY CLERK ACTION ITEM 6. Findings of Conformance with Government Code Section 65402 RECOMMENDATION: 1) Adopt a RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GRAND TERRACE, DETERMINING GENERAL PLAN CONFORMITY PURSUANT TO GOVERNMENT CODE SECTION 65402 FOR THE PROPOSED DISPOSITION OF APPROXIMATELY 0.88 ACRES LOCATED ON THE NORTH SIDE OF BARTON ROAD, 260 FEET EAST OF VIVIENDA AVENUE (APN 0276-242-10 & 0275-242-11); and City of Grand Terrace Page 2 Agenda Grand Terrace Planning Commission/Site and Architectural Review Board January 18, 2018 2) Adopt a RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GRAND TERRACE, DETERMINING GENERAL PLAN CONFORMITY PURSUANT TO GOVERNMENT CODE SECTION 65402 FOR THE PROPOSED DISPOSITION OF APPROXIMATELY 4.80 ACRES LOCATED ON THE SOUTH SIDE OF BARTON ROAD, BETWEEN MICHIGAN AND CANAL STREETS (APN 1167-231-01, 1167-231-02, AND 1167-311-01) DEPARTMENT: PLANNING COMMISSION/SITE AND ARCHITECTURAL REVIEW BOARD B.INFORMATION TO COMMISSIONERS C.INFORMATION FROM COMMISSIONERS ADJOURN Adjourn to the next scheduled meeting of the Site and Architectural Review Board/Planning Commission to be held on February 1, 2018 at 6:30 p.m. than 14 calendar days preceding the meeting. City of Grand Terrace Page 3 A.1 CITY OF GRAND TERRACE PLANNING COMMISSION/SITE AND ARCHITECTURAL REVIEW BOARD MINUTES Council ChambersRegular Meeting6:30 PM The City of Grand Terrace complies with the Americans with Disabilities Act of 1990. If you require special assistance to participate in this meeting, please call the City Clerk's office at (909) 824-6621 at least 48 hours prior to the meeting. If you desire to address the Planning Commission during the meeting, please complete a Request to Speak Form available at the entrance and present it to the City Clerk. Any documents provided to a majority of the Planning Commission regarding any item on this agenda will be made available for public inspection in the City Clerk's office at City Hall located at 22795 Barton Road during normal business hours. In addition, such documents will be posted on the City's website at www.grandterrace- ca.gov<http://www.grandterrace-ca.gov CALL TO ORDER Chairman Comstock convened the Meeting of the Planning Commission and Site and Architectural Review Board. Pledge of Allegiance was led by Commissioner Ceseña. Attendee NameTitleStatusArrived Tom ComstockChairmanPresent Tara CeseñaVice ChairPresent Jeffrey AllenCommissionerPresent Edward A. GirouxCommissionerPresent Gregory A. GoatcherCommissionerPresent PUBLIC ADDRESS None A.PUBLIC HEARINGS 1.Conduct a Hearing on Administrative Conditional Use Permit 05-07 Pursuant to Chapter 18.83, Conditional Use Permits of the Zoning Code Director Molina gave the PowerPoint presentation for this item. Commissioner Giroux inquired if then who is responsible for the clean-up. City Attorney Adams replied that the use would be revoked but the owners would still be responsible for the clean-up. City of Grand TerracePage 1 Packet Pg. 4 A.1 Minutes Grand Terrace Planning Commission/Site and Architectural Review Board April 6, 2017 Commissioner Giroux asked if the owners inquired about other properties to move the tires to in order to start reducing the tires on their lot. Director Molina replied that City staff had spoken with Mr. Tejeda about options for becoming compliant but do not recall a conversation about looking for other properties. Commissioner Goatcher inquired if the tire shop has stopped taking in tires. Director Molina replied that Mr. Tejada stated that CB Tires is no longer accepting tires. Chairman Comstock asked Code Enforcement Officer Barrie Greer-Owens to come to the podium, and commented that there appears to be more tires on the property and inquired about Officer Greer-Owens recent visit. Officer Greer-Owens replied that there was an active crane loading the tires into the trailers and that looking at the photos it would be accurate to assume the number of tires is the same as before. Commissioner Goatcher asked if the trailers were loaded with tires. Officer Greer-Owens replied that there was a crane loading tires into the containers, but the owners could answer that question more accurately. Chairman Comstock asked if the tires were pulled back from the fence line because he is concerned about a fire hazard. Officer Greer-Owens replied that they had not done an interior inspection since March, but that it is scheduled to occur. Vice-Chair Cesena asked if Officer Greer-Owens felt that the owners were working towards compliance. Officer Greer-Owens replied that they contracted with a vendor to try to reduce the number of tires Director Molina commented that they spoke to CB Tires about a number of options they could use to become compliant such as moving the shredder on-site. They also spoke Minutes Acceptance: Minutes of Apr 6, 2017 6:30 PM (CONSENT CALENDAR) th about how the Commission is expecting to see significant progress before the April 6 meeting and that CB Tires agreed to make significant progress before said meeting but did not. Commissioner Allen asked about what the other options were for CB Tires. Director Molina replied that CB Tires also looked at other places to deliver the tires. City of Grand Terrace Page 2 Packet Pg. 5 A.1 Minutes Grand Terrace Planning Commission/Site and Architectural Review Board April 6, 2017 There was also discussion about a temporary shredder to become compliant and that a permanent one requires a Conditional Use Permit, but neither of them have been requested. David and Mercedes of CB Tires stated that they have already removed 7 trailers and 4 loads since the last meeting. Regarding the pile of tires on the most recent photograph, many of them have been removed since the photograph was taken. The Fire Department required them to move some of the trailers in front of the office first in case of an emergency. They deliver the tires to a third-party vendor when the vendor allows it. The owner of CB Tires was at Mitsubishi trying to see what he could do. Half of the trailers are empty and they are trying to move the tires and trailers in accordance with the requirements of the Fire Department. Furthermore, they stated they are trying to get the shredder but it takes time to process the permits and other paperwork. Commissioner Giroux asked what their positions are with CB Tires and how long it would take to acquire the shredder. He also inquired if they were aware of the fact that CB Tires has numerous code violations which were reported to CB Tires almost a year ago and that the California Department of Resources Recycling and Recovery Tire Compliance Unit, and the City of Grand Terrace Code Enforcement staff have cited you for non-compliance with your Conditional Use Permit and operating without other permits. He also gave the following timeline: thrdth - · April 20, May 23 and August 11 Cal Recycle visited property and told CB Tires that they were non-compliant. th - · September 14 Cal Recycle issued a clean-up and abatement order to be th completed by October 14. th - · July 28 Grand Terrace Code Enforcement staff conducted inspection and determined that CB Tires was non-compliant with Conditional Use Permit. th - · August 12 issued citation due to ongoing non-compliance with conditions of approval. th - · March 15 Grand Terrace Code Enforcement staff conducted inspection and determined that CB Tires was still non-compliant. Also, Fire Department issued warnings about the property. and they permits to move shredder from Arizona to Grand Terrace. They were aware of all the Minutes Acceptance: Minutes of Apr 6, 2017 6:30 PM (CONSENT CALENDAR) notices from the tire compliance unit and the City of Grand Terrace but did not receive notice by the Tire Compliance Unit stating they were operating without a permit. Commissioner Giroux inquired if they were still collecting tires and then taking them to Mitsubishi for disposal instead of just taking all of tires they currently have to Mitsubishi. David said they are doing so in fulfillment of their contract with their vendors but understands how it looks. City of Grand Terrace Page 3 Packet Pg. 6 A.1 Minutes Grand Terrace Planning Commission/Site and Architectural Review Board April 6, 2017 th Commissioner Cesena asked what their policy is for receiving their 500tire when they are only allowed to receive 499. David and Mercedes d they can. Commissioner Goatcher asked that if the picture they are looking at of a pile of tires was taken at 4:30 when CB Tires claims the pile has been removed. How did that happen in the 2 hours between when the picture was taken and the Planning Commission meeting started. David replied that they have an excavator which can move the pile in 15 minutes. Commissioner Goatcher asked how many tires could fit in a container. David replied that it varies but he guessed 300 in one container. Chairman Comstock commented that originally there were 30,000 tires when CB Tires first received notice but then the amount was reduced to 15,000 tires and later went back up to 24,000 tires. He asked if CB Tires stopped collecting tires, then how did the number go from 15,000 to 24,000 again. David replied that perhaps more tires were discovered as they moved the tires around. Chairman Comstock asked if they were removing the metal rims from the tires per the Cal Recycle requirements. David replied that yes, they have a rim machine and they use it. Chairman Comstock pointed out that CB Tires stated that by the next meeting they could eliminate the entire pile of tires and they have not. David com property they have eliminated big piles of tires. Chairman Comstock asked why they should give CB Tires a 2-month extension on a Minutes Acceptance: Minutes of Apr 6, 2017 6:30 PM (CONSENT CALENDAR) Mercedes replied Mitsubishi told them they could take more loads and once the shredder arrives they can achieve their goals in the next 2 months. Commissioner Allen asked what the other tire recycling businesses are doing. David replied that the other b have the permits for that. City of Grand Terrace Page 4 Packet Pg. 7 A.1 Minutes Grand Terrace Planning Commission/Site and Architectural Review Board April 6, 2017 Commissioner Giroux requested someone from the Fire Department to speak. Fire Marshall Adam Tanos approached the microphone. Commissioner Giroux asked if CB Tires has concerns. Fire Marshall Tanos replied that there has been no noticeable difference between thth inspections on March 14 and March 30. Chairman Comstock asked what the effect would be if the tires caught fire. Fire Marshall Tanos replied that it would take the Fire Department several hours to put out Chairman Comstock commented that the commission can either vote to modify the Conditional Use Permit or revoke the permit. Therefore, the vote tonight will be for the revoking of the Conditional Use Permit. There are two reasons that allow for the revocation. The first is the non-compliance with the Conditional Use Permit. The second is the violation of federal, state and local laws. Commissioner Allen asked if CB Tires is the property owner and if the property owner has been involved in this. Director Molina replied that CB Tires is not the property owner and that the City staff has sent notices to the property owners but has yet to hear a reply. Commissioner Allen asked if the permit is revoked then who would be responsible for the clean-up of the site. ecycle would send in a team to clean up the site. Additionally, the owner of the company is still responsible for the clean-up even after the permit is revoked. City Attorney Adams commented that there are a number of options to enforce the clean-up from criminal prosecution to getting a receiver to take over the property. Minutes Acceptance: Minutes of Apr 6, 2017 6:30 PM (CONSENT CALENDAR) Commissioner Allen asked if the property owner has any responsibility in the clean-up of the site. City Attorney Adams replied that yes, the property owner has been cited and is also responsible for the clean-up of the site. Chairman Comstock stated his reasons for supporting revoking their permit. 1. There has been non-compliance with the provisions of the Conditional Use Permit. City of Grand Terrace Page 5 Packet Pg. 8 A.1 Minutes Grand Terrace Planning Commission/Site and Architectural Review Board April 6, 2017 2.There are many health and safety violations that could endanger the community. There was a tire fire in Los Angeles a while back that took a long time to extinguish and emitted toxins into the atmosphere and a nearby channel. Cal Recycle has cited the business a number of times. 1) OPEN THE PUBLIC HEARING WHICH WAS CONTINUED FROM MARCH 16, 2017; AND 2) CONSIDER ADOPTION OF A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GRAND TERRACE, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL REVOKE ADMINISTRATIVE CONDITIONAL USE PERMIT 05-07 PURSUANT TO SECTION 18.84.070 (REVISIONS AND MODIFICATIONS) AND SECTION 18.83.080 (REVOCATION) OF THE GRAND TERRACE ZONING CODE RESULT: APPROVED \[UNANIMOUS\] AYES: Comstock, Ceseña, Allen, Giroux, Goatcher B.INFORMATION TO COMMISSIONERS Director Molina followed up on the questions about secondary dwelling units that were asked in the previous meeting: 1. Yes, the code does permit for a secondary dwelling unit and a guest house if 2. Sewer and water fees can be assessed because they are user charges. However, the connection fees cannot be assessed if the secondary dwelling unit is within the footprint of the primary dwelling unit. Connection fees can be prorated if the secondary dwelling unit is detached. 3. Development impact fees can be assessed. Director Molina commented that the Code Enforcement staff is hosting a spring cleaning program where they go through each neighborhood citing inoperable vehicles. Residents have been notified. Minutes Acceptance: Minutes of Apr 6, 2017 6:30 PM (CONSENT CALENDAR) Commissioner Giroux asked what would trigger a citation in terms of inoperable vehicles. Director Molina replied that dismantled, wrecked vehicles or other indicators that the Commissioner Giroux asked if a resident could receive a citation for the tires going flat on a vehicle that he/she purchased and planned to restore. City of Grand Terrace Page 6 Packet Pg. 9 A.1 Minutes Grand Terrace Planning Commission/Site and Architectural Review Board April 6, 2017 Director Molina replied that it pertains to vehicles in the driveway, but if a resident has a with the code. Commissioner Allen thanked Officer Greet-Owens for taking on the task of spring cleaning and that he looks forward to more spring cleanings. Vice-Chair Cesena acknowledged that Officer Greer-Owens job is challenging and that they try to support her when they can. 2. ogle.2153 : Follow Up Report - ADU Ordinance RECEIVE AND FILE REPORT C.INFORMATION FROM COMMISSIONERS None ADJOURN Adjourn to the next scheduled meeting of the Planning Commission/Site and Architectural Review Board to be held on April 20, 2017 at 6:30 p.m. Minutes Acceptance: Minutes of Apr 6, 2017 6:30 PM (CONSENT CALENDAR) _________________________________ _________________________________ Tom Comstock Sandra Molina Chairman of the Grand Terrace Planning Director of Planning and Development Commission Services Department City of Grand Terrace Page 7 Packet Pg. 10 A.2 CITY OF GRAND TERRACE PLANNING COMMISSION/SITE AND ARCHITECTURAL REVIEW BOARD MINUTES Council ChambersRegular Meeting6:30 PM The City of Grand Terrace complies with the Americans with Disabilities Act of 1990. If you require special assistance to participate in this meeting, please call the City Clerk's office at (909) 824-6621 at least 48 hours prior to the meeting. If you desire to address the Planning Commission during the meeting, please complete a Request to Speak Form available at the entrance and present it to the City Clerk. Any documents provided to a majority of the Planning Commission regarding any item on this agenda will be made available for public inspection in the City Clerk's office at City Hall located at 22795 Barton Road during normal business hours. In addition, such documents will be posted on the City's website at www.grandterrace- ca.gov<http://www.grandterrace-ca.gov CALL TO ORDER Chairman Comstock convened the Meeting of the Planning Commission and Site and Architectural Review Board. Pledge of Allegiance led by Commissioner Goatcher. Attendee NameTitleStatusArrived Tom ComstockChairmanPresent Tara CeseñaVice ChairPresent Jeffrey AllenCommissionerPresent Edward A. GirouxCommissionerAbsent Gregory A. GoatcherCommissionerPresent APPROVAL OF AGENDA 2.Motion: Approved Agenda for June 15, 2017 RESULT:ADOPTED \[UNANIMOUS\] AYES:Tom Comstock, Tara Ceseña, Jeffrey Allen, Gregory A. Goatcher ABSENT:Edward A. Giroux PUBLIC ADDRESS Jeffrey McConnell who lives on Walnut Avenue annouced a car show for classic cars at the donut shop in front of the old Stater Brothers this Saturday at 5p.m., organized by a Grand Terrace citizen. City of Grand TerracePage 1 Packet Pg. 11 A.2 Minutes Grand Terrace Planning Commission/Site and Architectural Review Board June 15, 2017 A.PUBLIC HEARINGS 3. Site and Architectural Review (SA) 14-07-A1 and Environmental 14-04-A1: Construction of a Single Family Residence on the South of Vivienda Avenue, Approximately 160 Feet West of Burns Avenue Director Molina informed the Planning Commission that Kathya Firlik would be the City his architect, Charles Stevens, were present for the meeting. Director Molina presented a staff report, identifying the location for the proposed single- family residence. The proposed home would be a 3,041- square foot single story house. The residence would have a 2-car garage and an attached RV garage. The Director reminded the Planning Commission that back in May of 2015 the Commission approved a two-story home. Members of the neighborhood came to the Planning Commission meeting and expressed concerns with the design of the home. Ultimately the Commission adopted it with some revisions to the design. The approval expired May of 2016. The applicant resubmitted the plans and the Planning Commission approved the same design. The City Council then held a public hearing on appeal pf the project where the applicant provided a conceptual single-story design and based on that plan, City Council remanded the item back to the Commission for redesign. Director Molina presented the new designs which met all development standards. The project qualified for a Class 3 CEQA exemption. Public notice was provided consistent with state law. One resident contacted City staff to confirm that screening trees and an enclosed deck remain part of the project. In conclusion, the Director recommended the Planning Commission adopt the Resolution and approve the project. No written communications have been received regarding the project. Chairman Comstock brought up the surrounding residents who expressed concern regarding the ground on which the project is going to be built. One of the concerns was that the land is a working farm. Chairman Comstock asked the Director how big the farm was. Minutes Acceptance: Minutes of Jun 15, 2017 6:30 PM (CONSENT CALENDAR) Director Molina responded that she does not have any information regarding the farm. Chairman Comstock raised another concern from a resident regarding the drainage running onto the surrounding properties. Director Molina said that the requirements under water quality would not allow off-site drainage. Chairman Comstock said that many residents requested an Environmental Impact Report (EIR) since the land is a working farm and there may be pesticides in the ground. Chairman Comstock understood this to be a health and safety issue. City of Grand Terrace Page 2 Packet Pg. 12 A.2 Minutes Grand Terrace Planning Commission/Site and Architectural Review Board June 15, 2017 Director Molina said to ask the applicant if he has any background information on the property regarding this matter. Chairman Comstock expressed that the Planning Commission should take the al concerns. He stated that if it is a concern for this parcel, it should surely be a concern for the surrounding properties as well. Commissioner Allen asked who would pay for an EIR. Director Molina informed the Commission that an EIR may not be necessary. Chairman Comstock and Commissioner Allen concurred that if the Mayor was concerned about a two-story house being built in this location, then there should still be concern for a single-story house. The Director said that though there were concerns with the soil, their validity is unknown. Vice Chair Ceseña added that she was also a little confused on why a single-story house was okay but not a two-story house in relation to the environmental concerns. Commissioner Goatcher sought confirmation that 4 feet of dirt was still being brought to the site to raise the elevation of the land. Commissioner Allen asked if all permits had been renewed. Director Molina said yes. The applicant, Joab Jerome, was called to speak regarding his knowledge of the property. The applicant said he has no knowledge of any soil reports on the property. City Attorney, Kathya Firlik, stated that another option was to table this item and see if further studies are warranted. Minutes Acceptance: Minutes of Jun 15, 2017 6:30 PM (CONSENT CALENDAR) Resident Mr. McConnell offered to inform the Commission on the neighborhood, since he has lived there for 17 years. He shared that areas of the property used to be a turkey ranch, and he was not aware of any illegal dumping in his 17 years of living in the neighborhood. No other public comments were made. A brief recess was taken so that Director Molina could check to see if there was a soil report filed on the property. City of Grand Terrace Page 3 Packet Pg. 13 A.2 Minutes Grand Terrace Planning Commission/Site and Architectural Review Board June 15, 2017 The Director came back with a geotechnical evaluation from 2014. Chairman Comstock read from the report that four holes were dug, each 14 feet deep. They tested for the compaction of the soil, and examined the corrosiveness, ph level, and water content. There were no toxic soil tests performed. The City Attorney reminded the Planning Commission that they can table this item if they would like more extensive soil reports performed. Commissioner Allen and Chairman Comstock agreed that if an EIR was not necessary then they do not want to postpone this item any further. Chairman Comstock felt more comfortable after hearing Mr ADOPT A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GRAND TERRACE ADOPTING A NOTICE OF EXEMPTION AND APPROVING SITE AND ARCHITECTURAL REVIEW 14-07-A1 TO CONSTRUCT A SINGLE FAMILY RESIDENCE ON A PARCEL LOCATED SOUTH OF VIVIENDA AVENUE APPROXIMATELY 160 FEET WEST OF BURNS AVENUE (APN 0275-282-20) RESULT: APPROVED \[3 TO 0\] AYES: Tom Comstock, Tara Ceseña, Gregory A. Goatcher ABSENT: Edward A. Giroux RECUSED: Jeffrey Allen B.INFORMATION TO COMMISSIONERS No information was reported. C.INFORMATION FROM COMMISSIONERS Commissioner Allen inquired about an email he recieved regarding ethics training. The Director informed the Commission that ethics training is required every 24 months, Minutes Acceptance: Minutes of Jun 15, 2017 6:30 PM (CONSENT CALENDAR) and a certificate should be reported to the City Clerk. Vice Chair Ceseña requested a different font be used in the agenda packet that is more reader friendly. Commissioner Goatcher asked about a proposed development at the end of Westwood Street that the Planning Commission was unaarew of Director Molina inforamed the Commission that the properoty is in escrow but there has not been a developemnt applcaition recieved. Commissioner Goatcher said he recieved an anonymous text City of Grand Terrace Page 4 Packet Pg. 14 A.2 Minutes Grand Terrace Planning Commission/Site and Architectural Review Board June 15, 2017 from a disgruntled citizen about this item and would share it with the Director at a later time. ADJOURN Adjourn to the next scheduled meeting of the Site and Architectural Review Board/Planning Commission to be held on July 6, 2017 at 6:30 p.m. _________________________________ _________________________________ Tom Comstock Sandra Molina Chairman of the Grand Terrace Planning Director of Planning and Development Commission Services Department Minutes Acceptance: Minutes of Jun 15, 2017 6:30 PM (CONSENT CALENDAR) City of Grand Terrace Page 5 Packet Pg. 15 A.3 CITY OF GRAND TERRACE PLANNING COMMISSION/SITE AND ARCHITECTURAL REVIEW BOARD MINUTES Council ChambersRegular Meeting6:30 PM The City of Grand Terrace complies with the Americans with Disabilities Act of 1990. If you require special assistance to participate in this meeting, please call the City Clerk's office at (909) 824-6621 at least 48 hours prior to the meeting. If you desire to address the Planning Commission during the meeting, please complete a Request to Speak Form available at the entrance and present it to the City Clerk. Any documents provided to a majority of the Planning Commission regarding any item on this agenda will be made available for public inspection in the City Clerk's office at City Hall located at 22795 Barton Road during normal business hours. In addition, such documents will be posted on the City's website at www.grandterrace- ca.gov<http://www.grandterrace-ca.gov CALL TO ORDER Chairman Comstock convened the Meeting of the Planning Commission and Site and Architectural Review Board. Pledge of Allegiance was led by Commissioner Giroux. Attendee NameTitleStatusArrived Tom ComstockChairmanPresent Tara CeseñaVice ChairPresent Jeffrey AllenCommissionerPresent Edward A. GirouxCommissionerPresent Gregory A. GoatcherCommissionerPresent 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. City of Grand TerracePage 1 Packet Pg. 16 A.3 Minutes Grand Terrace Planning Commission/Site and Architectural Review Board November 2, 2017 A.PUBLIC HEARINGS 1. Variance 17-03, Administrative Site and Architectural Review 16-09 and Environmental 16-10 Staff informed the Planning Commission that the applicant and the architect for the project could not attend the meeting. Staff presented a staff report, identifying the location for the proposed single-family residence. The proposed home and other improvements would be 3,646 square feet in area with 2,600 square feet of livable space. The residence would have a 3-car garage that is 709 square feet in area and a 114-square foot entry porch. The applicant has applied for variances to deviate from the rear yard setback requirement and the garage side yard setback requirement. The municipal code requires the garage side yard setback to be 10 feet and the rear setback to be 35 feet. Moreover, the R1-20 district, in which the property is located, allows up to 10 feet of the 35-foot rear yard setback to consist of slopes greater than 5%. The requested variances would allow for a 5-foot deviation from the garage side yard setback requirement and an approximately 12-foot deviation from the rear yard setback requirement. The topography of the lot limits the placement of the residence and forces the setbacks to be less than required. Commissioner Allen asked about the square footage of the building pad. Staff responded that the floor area of the proposed residence, garage, and two pads to the rear of the residence equaled 3,646 square feet. Commissioner Allen asked for clarification on where the setback is measured from. property line. Commissioner Allen asked the staff if there are any safety or fire issues with the requested setback variances. Staff informed the Commissioner there are fire issues. Both Building and Safety and the Minutes Acceptance: Minutes of Nov 2, 2017 6:30 PM (CONSENT CALENDAR) Fire Department have reviewed the plans and are aware of the setbacks. If the Commission has safety concerns they can require a greater setback or require the top of the slope be protected by a fence. Commissioner Allen asked if a soil stability report would be required to break ground since the staff report contained a condition of approval requiring a pad certification. Staff confirmed it would be required from the applicant before construction may began. City of Grand Terrace Page 2 Packet Pg. 17 A.3 Minutes Grand Terrace Planning Commission/Site and Architectural Review Board November 2, 2017 Commissioner Giroux stated he had no concern reducing the setbacks due to the lack of vegetation in the area. Vice Chair Ceseña asked if the back road was maintained by the residence and if the surrounding residents had knowledge of the residential development that was going to be constructed. Staff confirmed the road is a private road maintained by the owner of the residence and that residents within a 300-foot radius have been notified about the project. 1) CONDUCT A PUBLIC HEARING, AND 2) ADOPT A RESOLUTION OF THE PLANNING COMMISSION/SITE AND ARCHITECTURAL REVIEW BOARD OF THE CITY OF GRAND TERRACE CALIFORNIA, ADOPTING AN ENVIRONMENTAL EXEMPTION PURSUANT TO THE CALIFORNIA QUALITY ACT, GRANTING VARIANCE 17-03, AND APPROVING SITE AND ARCHITECTURAL REVIEW 16-09 FOR THE CONSTRUCTION OF A 3,646 SQUARE FOOT SINGLE FAMILY HOME ON A 1.29 ACRE LOT, LOCATED AT PALM AVENUE (APN: 0276-331-49) RESULT: APPROVED \[UNANIMOUS\] AYES: Tom Comstock, Tara Ceseña, Jeffrey Allen, Edward A. Giroux ABSENT: Gregory A. Goatcher B.INFORMATION TO COMMISSIONERS No information was reported. C.INFORMATION FROM COMMISSIONERS Commissioner Giroux inquired about the traffic signal at Barton Road and the I-215 Freeway interchange. Staff will provide follow up with the Commissioner via email updating him on the status Minutes Acceptance: Minutes of Nov 2, 2017 6:30 PM (CONSENT CALENDAR) of the traffic signal. Chairman Comstock inquired about the Agriculture zoning and M-2 Overlay. He asked staff for records or minutes from 1984 to assure that proper procedure was followed by the City in changing the zoning from Agriculture to M-2. Commssioner Allen informed staff he no longer has concerns reagrding the traffic signal at Barton Road and the I-215 Freeway interchange due to other precedent intersections in the surrounding area. City of Grand Terrace Page 3 Packet Pg. 18 A.3 Minutes Grand Terrace Planning Commission/Site and Architectural Review Board November 2, 2017 ADJOURN Adjourn to the next scheduled meeting of the Planning Commission Site and Architectural Review Board to be held on November 16, 2017 at 6:30 p.m. _________________________________ _________________________________ Tom Comstock Sandra Molina Chairman of the Grand Terrace Planning Director of Planning and Development Commission Services Department Minutes Acceptance: Minutes of Nov 2, 2017 6:30 PM (CONSENT CALENDAR) City of Grand Terrace Page 4 Packet Pg. 19 A.4 CITY OF GRAND TERRACE PLANNING COMMISSION/SITE AND ARCHITECTURAL REVIEW BOARD MINUTES Council ChambersRegular Meeting6:30 PM The City of Grand Terrace complies with the Americans with Disabilities Act of 1990. If you require special assistance to participate in this meeting, please call the City Clerk's office at (909) 824-6621 at least 48 hours prior to the meeting. If you desire to address the Planning Commission during the meeting, please complete a Request to Speak Form available at the entrance and present it to the City Clerk. Any documents provided to a majority of the Planning Commission regarding any item on this agenda will be made available for public inspection in the City Clerk's office at City Hall located at 22795 Barton Road during normal business hours. In addition, such documents will be posted on the City's website at www.grandterrace- ca.gov<http://www.grandterrace-ca.gov CALL TO ORDER Chairman Comstock convened the Meeting of the Planning Commission and Site and Architectural Review Board. Pledge of Allegiance led by Chairman Comstock. Attendee NameTitleStatusArrived Tom ComstockChairmanPresent Tara CeseñaVice ChairAbsent Jeffrey AllenCommissionerPresent Edward A. GirouxCommissionerPresent Gregory A. GoatcherCommissionerPresent APPROVAL OF AGENDA 1.Motion: Agenda Approved November 16, 2017 RESULT:ADOPTED \[UNANIMOUS\] AYES:Tom Comstock, Jeffrey Allen, Edward A. Giroux, Gregory A. Goatcher ABSENT:Tara Ceseña PUBLIC ADDRESS None City of Grand TerracePage 1 Packet Pg. 20 A.4 Minutes Grand Terrace Planning Commission/Site and Architectural Review Board November 16, 2017 A.CONSENT CALENDAR 2. Approval of Minutes Regular Meeting 06/01/2017 RESULT: ACCEPTED \[4 TO 0\] AYES: Tom Comstock, Jeffrey Allen, Edward A. Giroux, Gregory A. Goatcher ABSTAIN: Tara Ceseña 3. Approval of Minutes Regular Meeting 09/07/2017 RESULT: ACCEPTED \[UNANIMOUS\] AYES: Tom Comstock, Jeffrey Allen, Edward A. Giroux, Gregory A. Goatcher ABSENT: Tara Ceseña B.PUBLIC HEARINGS 4. Tentative Parcel Map 16-03, Variance 17-01, Administrative Site and Architectural Review 17-02 and Environmental 16-14 Assistant Planner Aguirre gave the PowerPoint presentation for this item. approval in 2008, but did not get built because of the collapse of the housing market. As a result, the owners made revisions, split the one existing lot into two parcels and created a second home. Chairman Comstock opens to questions from the Commission. There being none, Chairman Comstock opens the public hearing. Burt Cilimazon (neighbor) requests for this area to be zoned differently, perhaps into multi-family or multi-use. He is sandwiched between this property being built and Lewis Properties, which is in the process of building multiple sites and he would also like to build in this area, but would like a different zoning. Chairman Comstock explained that the City would be happy to discuss this further with Mr. Cilimazon. Minutes Acceptance: Minutes of Nov 16, 2017 6:30 PM (CONSENT CALENDAR) Commissioner Goatcher requested to return to the PowerPoint aerial view and asks Mr. his home. Commissioner Allen inquired when the next scheduled general plan use map update is to occur. City of Grand Terrace Page 2 Packet Pg. 21 A.4 Minutes Grand Terrace Planning Commission/Site and Architectural Review Board November 16, 2017 Director Molina replied that there is not one currently scheduled, but rather would occur as needed. Chairman Comstock asked if there were any additional comments from the general public and there being none, closed the public hearing and asked for any additional comments from the Commission before deliberation. There being no additional comments, Chairman Comstock requested Commissioner Giroux to entertain the motion. Commissioner Giroux moved to adopt the resolution of the Commission and approve all points above. 1) CONDUCT A PUBLIC HEARING, AND 2) ADOPT A RESOLUTION OF THE PLANNING COMMISSION/SITE AND ARCHITECTURAL REVIEW BOARD OF THE CITY OF GRAND TERRACE RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ENVIRONMENTAL EXEMPTION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND APPROVE VARIANCE 17-01 AND TENTATIVE PARCEL MAP 16-03 (TENTATIVE PARCEL MAP NO. 18274) A SUBDIVISION OF A 0.42 ACRE INTO TWO LOTS LOCATED AT 22034 DE BERRY STREET (APN 1167-161-32) AND 3) ADOPT A RESOLUTION OF THE PLANNING COMMISSION/SITE AND ARCHITECTURAL REVIEW BOARD OF THE CITY OF GRAND TERRACE CALIFORNIA, ADOPTING AN ENVIRONMENTAL EXEMPTION PURSUANT TO THE ENVIRONMENTAL CALIFORNIA QUALITY ACT, AND APPROVING SITE AND ARCHITECTURAL REVIEW 17-02 FOR THE CONSTRUCTION OF A 2,290 SQUARE FOOT SINGLE FAMILY HOME ON A 0.25 ACRE LOT CREATED BY TENTATIVE PARCEL MAP NO. 18274, LOCATED AT 22034 DE BERRY STREET (APN 1167- 161-32) RESULT: APPROVED \[UNANIMOUS\] MOVER: Edward A. Giroux, Commissioner SECONDER: Jeffrey Allen, Commissioner AYES: Tom Comstock, Jeffrey Allen, Edward A. Giroux, Gregory A. Goatcher ABSENT: Tara Ceseña Minutes Acceptance: Minutes of Nov 16, 2017 6:30 PM (CONSENT CALENDAR) C.CONTINUED ITEMS 1. Zoning Code Amendment 17-03 and Zone Change 17-01 City of Grand Terrace Page 3 Packet Pg. 22 A.4 Minutes Grand Terrace Planning Commission/Site and Architectural Review Board November 16, 2017 Director Molina gave the presentation specifying the requirements of a conditional use permit in this flood plain zoned area. She mentioned that staff did not do a community wide survey, because the testimony that is needed is limited to the affected property owners. Although public testimony was not solicited, notification to the public was provided in the local newspaper. Director Molina pointed out that Vice Chair Cesena is in favor of splitting the zoning and e resolution approving Zoning Code Amendment 17-03 and Zone Chance 17-01 and recommending the AG-2 Overlay District and New Zoning Chapter 18.56. It achieves the goals for allowing commercial agricultural uses with ranchette housing. Chairman Comstock opens to questions from the Commission. Commissioner Allen mentions that the parcel numbers that they received from the presentation made by Director Molina. He asked which properties are in question. Audio doesn't record for 25 seconds while Commissioner Allen was speaking into the microphone. Chairman Comstock opens the public hearing. Scott Heil (representing Mr. Davis from law firm Varner & Brandt) also clarified that the letter to the commissioners with the parcel number had errors. He wanted to reiterate that they do not oppose the adoption of the AG-2 overlay proposal, but do not necessarily support it either. Alternative options as proposed by the Commission would impact the development options that the owner has been working towards for many years. Resident Katie Guthrie (resident on Vivienda Avenue) wanted to state for the record that she does not approve of the AG-2 overlay. She wants this to be all agricultural. Light industrial is hard on the neighborhood and nothing so far has been neighborhood friendly. Resident Janet Rich (11701 Terrace Avenue) stated she is the oldest property owner in this area (1967). She objected to the zoning change back in 1984, in addition to several Minutes Acceptance: Minutes of Nov 16, 2017 6:30 PM (CONSENT CALENDAR) other neighbors, yet the zoning was changed. Since then nothing fruitful has come about and prefers the zoning to go back to agriculture zoning. She never received notice in the mail regarding the October meeting, neither did her neighbors. She wants all existing buildings to be grandfathered in under agricultural zoning, which was its original zoning. Owners of 24 acres who do not agree with her and her neighbors do not maintain their properties, properties are in 5-foot-tall weeds, and are responsible for several fires due to the significant amount of tumbleweeds. She has addressed this issue with weed abatement, but to no effect. City of Grand Terrace Page 4 Packet Pg. 23 A.4 Minutes Grand Terrace Planning Commission/Site and Architectural Review Board November 16, 2017 Chairman Comstock acknowledged the tumbleweed code enforcement violation of the surrounding property owners who are trying to get the zoning overlay passed. Resident Janice Makshaoff (21816 Vivienda Avenue) a 20+ year resident has felt like she has had to defend her home on average every 3 years and is sick of it. She commented on the zoning of the last 30 years being light industrial, yet nothing has happened here because it is not feasible. She requested this area to be Ag-Residential as her experience with overlays has not been good. All existing buildings should be grandfathered in as the original zoning was agricultural. She would like staff to work with property owners for future zoning changes and wanted to be notified for all future meetings on this matter. Resident Jason Greeley (12279 Dos Rios Avenue) advocated for zoning the area as Agricultural and shared his experiences from growing up here. Since 1984, the agricultural land has been choked out of Grand Terrace. He expressed that he believes it should be agricultural again because there is nothing else that can be done with it. and is upset that she has not been a part of the planning of this city. In addition to all the negative environmental impacts of the current zoning on agriculture and wildlife, she expressed discontent that the community has not been a part of this zoning process. Although they are not the main property owners, they cycle, walk, and enjoy quality time in the area. She is concerned about the future transportation and environmental impacts. Resident William Mahaney (lives on Vivienda Avenue) stated the he and wife are dead set against industrial zoning and wants it to revert to the original agricultural zoning. He is concerned about the poor present property management and the tumbleweeds on the 24-acre property. Ron Kemper (1770 N. Arrowhead Avenue) stated he represented Highland Service Corporation / owners of 24 acres of the northern subject properties. He claimed all property owners are local residents who obtained a loan for this property based on the M-2 zoning. He is not opposed to the overlay. Resident Bobbie Forbes (1158 Burns Avenue) advocated for single family residential, not 3-4 home ranchettes given this is a flood plain. She advised that this is dangerous, Minutes Acceptance: Minutes of Nov 16, 2017 6:30 PM (CONSENT CALENDAR) but also is concerned about her neighbors being disturbed. In addition, ranchette division will cause mayhem for transportation - there is not the appropriate infrastructure developed yet. Michael Simon, resident, stated the area should all be rezoned agricultural. Stated there is so much infrastructure that needs to be developed in order to be commercial/industrial, that it is cost-prohibitive and it does not make sense to develop with overlay. City of Grand Terrace Page 5 Packet Pg. 24 A.4 Minutes Grand Terrace Planning Commission/Site and Architectural Review Board November 16, 2017 Resident Jeffrey McConnell (Walnut Avenue) reiterated he has been fighting this for over a decade. He has practiced real estate for over 40 years - acknowledged that M-2 land is worth more that AG. Criticized the owners of the properties - owner has only built the property despite owning it for 14 years. Tumbleweeds were never cleaned up. Recommended that the Council change all 40 acres back to agriculture. Requested that the Commission please grandfather all existing buildings as the originally intended use. He asked the Commission to direct staff to work directly with property owners in the area for the details of the new A-1 zoning. He also asked the City Manager to please realize that this is the last battle and to please listen to the people who live in the area and not staff members that do not live in the town. There being no further testimony, Chairman Comstock closes the public hearing and invites the City Manager to take the floor for thoughts and a response to what citizens have shared. City Manager Duffey explained that the overlay was proposed in order to provide 1-acre ranchettes instead of the area only being 40 acres of green zone. He stated that he is a itself to future liabilities. He reassured the Commission that checks and balances existing on the part of the Council and staff ensure that no property is developed in a manner that negatively impacts the surrounding property owners. This overlay, instead, acts as a vehicle for the City to market this area. AG-2 zoning is the best way to methodically have this area come to fruition. Chairman Comstock opened the agenda item to the Commission for discussion. Commissioner Allen asked John H Douglass and Associates for their professional opinion and requested Mr. Douglass to come to the podium. Consultant John Douglass approached the podium but had nothing additional to share beyond what had already been shared by the City staff. Minutes Acceptance: Minutes of Nov 16, 2017 6:30 PM (CONSENT CALENDAR) City of Grand Terrace Page 6 Packet Pg. 25 A.4 Minutes Grand Terrace Planning Commission/Site and Architectural Review Board November 16, 2017 want to keep an M-2 zoning and 1/4 who want to revert back to an AG-1 zoning. He does not want to hinder these property owners. Going back to AG-1 would restrict owners that want it M-2. He completed his own research to understand the history of this zoning change in 1984 and felt that previous meetings were given proper prior notification -1 is a restrictive zoning that does not allow many options. The overlay would allow more opportunities. He liked the idea of the ability to subdivide property into 1-acre lots and build homes on them. He mentioned that by placing an overlay on this area, as a city, they are officially declaring this area a - solution is an AG-2 overlay as it does not restrict property rights, allows additional options, and allows agricultural uses to continue. He believed that this was the best way to go. He reassured those in attendance that he has been on the Council when manhole manufacturers and tractor-trailer companies have come in and try to open businesses in this area, that he has remained steadfast in protecting the rights of the citizens who live in the area and their health and safety. He understands that an AG-2 overlay would bring greener businesses into the community. Commissioner Allen referenced a staff report from 8/23/1984 to present the question today. Director Molina confirmed that it is indeed the same area. She clarified that the northern half of the property was not originally agriculturally zone, but rather Flood Plain under the County. When the city completed the general plan update, it was changed to M-2 Flood Plain. Commissioner Goatcher asked when did 1-acre ranchettes come about. Director Molina stated city residents requested the Council to potentially rezone for 1- acre ranchette development and the Council made revisions to move it forward. Chairman Comstock clarified that 1-acre ranchettes were part of the conversation at the last meeting. City Manager Duffey confirmed that indeed the residents presented the 1-acre ranchettes proposal and not the Council. He explained that the original proposal was Minutes Acceptance: Minutes of Nov 16, 2017 6:30 PM (CONSENT CALENDAR) presented to the Council and was focused on turning the area into a green-belt. Although people may have changed their minds from that original proposal, the Council bought into the original proposal and hired a consultant and has been working to move that proposal forward ever since. But it was never the Council that conceptualized the 1- acre ranchettes. Chairman Comstock asked whether there are limitations in the zoning for that idea. City of Grand Terrace Page 7 Packet Pg. 26 A.4 Minutes Grand Terrace Planning Commission/Site and Architectural Review Board November 16, 2017 Director Molina responded that the resolution accompanying the staff report includes a draft chapter for the AG-2 overlay district and identifies the uses that would be permitted and the standards that would be applied. It also requires a conditional use permit which would come before the Commission to evaluate to make determinations regarding use and conditions of approval. Commissioner Allen questioned how M- there is there a distinction between green and non-green industry? Director Molina emphasized that the City Council has authority to enact a moratorium, which there is currently one in place, on outdoor industry within the industrial zone districts. This is something that would come back to the Commission and ultimately the City Council with recommendations for determining regulations and/or uses for a green industry. She pointed out that what the staff has put forward before the Commission is the AG-2 overlay and that the Commission if it so chooses can make a different recommendation as their final decision. Chairman Comstock reminded the Commission that the purchase of land in this area for in would be. This alone is a difficult hurdle for development to come in and overcome. Commissioner Goatcher recommended a minimum of 2.5 acres per ranchette, instead of 1- acre ranchettes. Commissioner Allen asked Director Molina if there is the option of separating the property at the railroad access road and rezone the northern portion as M-2 and the southern portion as AG without an underlying M2 zone for those who are adamant for agricultural zoning. Director Molina confirmed this option was presented at the last Commission meeting. Significant public testimony has indicated a desire for AG zoning for the entire area, not just a portion. Chairman Comstock reiterated that citizens want all the acreage's to be AG zoning, not just a portion. Minutes Acceptance: Minutes of Nov 16, 2017 6:30 PM (CONSENT CALENDAR) Chairman Comstock made the motion to adopt a resolution recommending that the City Council adopt an environmental addendum and accept zoning code amendment 17-03 and zone change 17-01 amending the zoning code and revising the zoning map related to the AG-2 overlay district. He also added an additional suggestion for the Council to review the lot size for the ranchettes and further motioned for the Council to determine the wisest lot size per ranchette and wants to return this matter to the City Council. Commissioner Goatcher seconded the motion by Chairman Comstock. City of Grand Terrace Page 8 Packet Pg. 27 A.4 Minutes Grand Terrace Planning Commission/Site and Architectural Review Board November 16, 2017 Chairman Comstock acknowledges there has been a motion and a second and asks the Commission to please vote. The motion is carried over to City Council. 1) OPEN THE PUBLIC HEARING CONTINUED FROM OCTOBER 19, 2017 TO THE PRESENT DATE TO DISCUSS THE STAFF REPORT; AND 2) ADOPT A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GRAND TERRACE RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ENVIRONMENTAL ADDENDUM AND ADOPT ZONING CODE AMENDMENT 17-03 AND ZONE CHANGE 17-01 AMENDING THE ZONING CODE AND REVISING THE ZONING MAP RELATED TO THE AGRICULTURAL-2 OVERLAY DISTRICT RESULT: APPROVED \[2 TO 1\] MOVER: Tom Comstock, Chairman SECONDER: Gregory A. Goatcher, Commissioner AYES: Tom Comstock, Gregory A. Goatcher NAYS: Jeffrey Allen ABSTAIN: Edward A. Giroux ABSENT: Tara Ceseña D.INFORMATION TO COMMISSIONERS Chairman Comstock invited Commissioner Giroux back to the panel since he recused himself from the last issue. Director Molina informed the Commission about the Light Up Grand Terracce to be held on November 30th at 5p.m. E. INFORMATION FROM COMMISSIONERS Chairman Comstock requested an update on tire recycling facility. Minutes Acceptance: Minutes of Nov 16, 2017 6:30 PM (CONSENT CALENDAR) Director Molina updated the Commission that the tire stock has been substantially reduced and that City staff are continuing on-going office meetings with the property owner. The next is scheduled for the week of November 28, 2017. Commissioner Giroux recived an update on traffic signals while he was recused from voting on the last item. City of Grand Terrace Page 9 Packet Pg. 28 A.4 Minutes Grand Terrace Planning Commission/Site and Architectural Review Board November 16, 2017 ADJOURN Adjourn to the next scheduled meeting of the Site and Architectural Review Board/Planning Commission to be held on December 7, 2017 at 6:30 p.m. _________________________________ _________________________________ Tom Comstock Sandra Molina Chairman of the Grand Terrace Planning Director of Planning and Development Commission Services Department Minutes Acceptance: Minutes of Nov 16, 2017 6:30 PM (CONSENT CALENDAR) City of Grand Terrace Page 10 Packet Pg. 29 A.5 Packet Pg. 30 A.5 Packet Pg. 31 A.5 Packet Pg. 32 A.5 Packet Pg. 33 6 AGENDA REPORT MEETING DATE:January 18, 2018 TITLE:Findings of Conformance with Government Code Section 65402 PRESENTED BY:Sandra Molina, Planning & Development Services Director RECOMMENDATION:1)Adopt a RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GRAND TERRACE, DETERMINING GENERAL PLAN CONFORMITY PURSUANT TO GOVERNMENT CODE SECTION 65402 FOR THE PROPOSED DISPOSITION OF APPROXIMATELY 0.88 ACRES LOCATED ON THE NORTH SIDE OF BARTON ROAD, 260 FEET EAST OF VIVIENDA AVENUE (APN 0276-242-10 & 0275-242-11); and 2)Adopt a RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GRAND TERRACE, DETERMINING GENERAL PLAN CONFORMITY PURSUANT TO GOVERNMENT CODE SECTION 65402 FOR THE PROPOSED DISPOSITION OF APPROXIMATELY 4.80 ACRES LOCATED ON THE SOUTH SIDE OF BARTON ROAD, BETWEEN MICHIGAN AND CANAL STREETS (APN 1167-231-01, 1167-231-02, AND 1167-311-01) 2030 VISION STATEMENT: This staff reports supports Goal #3 to Promote Economic Development by determining the sale of properties for ultimate commercial development is consistent with the Grand Terrace General Plan. BACKGROUND: California Government Code Section 65402(a) states that "If a General Plan has been adopted, no real property shall be disposed or acquired, until the location, purpose and extent of such disposition or acquisition, \[has\] been submitted to and reported upon by the planning agency as to conformity with said adopted general plan within forty (40) days after the matter was submitted to it." Therefore, in order for the disposition of property to occur, the Planning Commission must first make a report on the conformity of the proposed acquisition with the General Plan. Packet Pg. 34 6 opportunities, the City is in negotiation to sell property held by City entities for future development. In accordance with the Government Code, Staff is recommending that the Commission find the disposition in conformance with the General Plan, as follows: GENERAL PLAN CONSISTENCY: Property 1 is made up of two separate adjoining parcels totaling 0.88-acres located on the north side of Barton Road, between Vivienda Avenue and Canal Street, approximately 260 feet east of Vivienda Avenue (Attachment 1). The property is designated General Commercial (GC) on the General Plan Land Use Map, and Barton Road Specific Plan-General Commercial (BRSP-GC) on the Zoning Map. The adopted Successor Agency Long Range Property Management Plan identifies the property to be liquidated for future commercial development. The Agency has received an offer to purchase the property for commercial development. A purchase and sale agreement is being prepared for consideration by the Successor Agency. Property 2 is made up of three separate parcels on the south side of Barton Road, 1). The three parcels total approximately 5 acres. The westerly parcel is owned by the City of Grand Terrace and the other two properties are owned by the Housing Successor Agency. The property is designated General Commercial (GC) on the General Plan Land Use Map, and Barton Road Specific Plan-General Commercial (BRSP-GC) on the Zoning Map. On January 9, 2018, the City Council and Housing Successor Agency approved an extension to an Exclusive Negotiation Agreement with CHP-DEVCO for the purchase and commercial development of the property. CHP- DEVCO continues to market the property for commercial retail development and has secured letter of intent from certain users. According to the General Plan, the GC land use designation is primarily located along Barton Road and near the I-215 Freeway; and provides for general commercial uses to serve the retail and service needs of the community. The anticipated disposition of Properties 1 and 2 for development of commercial retail uses is consistent with the Grand Terrace General Plan. ATTACHMENTS: PC Resolution_Property 1 (DOC) PC Resolution_Property 2 (DOC) Packet Pg. 35 6 APPROVALS: Sandra Molina Completed 01/11/2018 12:08 PM City Attorney Completed 01/11/2018 2:41 PM Planning Commission/Site And Architectural Review Board Pending01/18/2018 12:00 AM Packet Pg. 36 6.a RESOLUTION NO. 2018- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GRAND TERRACE, DETERMINING GENERAL PLAN CONFORMITY PURSUANT TO GOVERNMENT CODE SECTION 65402 FOR THE PROPOSED DISPOSITION OF APPROXIMATELY 0.88 ACRES LOCATED ON THE NORTH SIDE OF BARTON ROAD, 260 FEET EAST OF VIVIENDA AVENUE (APN 0276-242-10 & 0275-242-11) WHEREAS, the City of Grand Terrace is proposing to dispose of two parcels of land totaling approximately 0.88 acres of land located on the north side of Barton Road, 260 feet Rolls as Assessors Parcel Numbers 0275-242-10 and 0275-242-11; WHEREAS, the property is zoned BRSP General Commercial and is designated General Commercial on the General Plan Land use Map; WHEREAS, the General Commercial land use designation is primarily located along Barton Road and near the I-215 Freeway. It provides for general commercial uses to serve the retail and service needs of the community; WHEREAS, as stated in the Grand Terrace General Plan, the BRSP serves as the zoning code for most properties fronting along or directly related to Barton Road, and is intended to provide guidance for the development of predominantly commercial property along the primary transportation corridor through the City; WHEREAS, State Government Code Section 65402 stipulates that prior to the disposition of real property by a government agency, the planning agency of the jurisdiction in which said property is located must first make the finding that the disposition of said real property is in conformance with the adopted General Plan of the local jurisdiction; WHEREAS, this action is exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to Section 15060(c)(3) of the CEQA Guidelines; WHEREAS, on January 18, 2018, the Planning Commission conducted a duly Attachment: PC Resolution_Property 1 (GP Conformance Finding -Barton Properties) noticed public meeting on this matter at the Grand Terrace Council Chambers located at 22795 Barton Road, Grand Terrace, California 92313 and concluded the meeting on said date. WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred. Packet Pg. 37 6.a Page 2of 3 NOW THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Grand Terrace, as follows 1. The Planning Commission hereby specifically finds that all of the facts set forth in the above Recitals, are true and correct. 2. The Planning Commission hereby finds that the Project is not subject to environmental review pursuant to Section 15060(c)(3) of CEQA. 3. Based on substantial evidence presented to the Planning Commission during the January 18, 2018, public meeting, including public testimony, and written and oral staff reports, the Planning Commission specifically finds: a. The property is designated General Commercial on the Grand Terrace General Plan Land Use Map. The General Commercial land use designation is primarily located along Barton Road and near the I-215 Freeway; and provides for general commercial uses to serve the retail and service needs of the community. b. The purpose of the BRSP and associated zoning districts is to assure the systematic implementation of the City of Grand Terrace's General Plan within the Specific Plan area. The BRSP identifies that the General Commercial area is an area in transition with several residential structures having been converted to commercial uses. Lot consolidation and new commercial development are the primary focus for this area. c. The proposed disposition of the subject property would be accomplished for the intended purpose of implementing the Barton Road Specific Plan, in accordance with the General Plan land use designation, goals, and policies. 4. Based on the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Commission hereby determines that the proposed disposition of the subject Property would be in conformity with the Grand Terrace General Plan in accordance with State Government Code Section No. 65402. 5. The City Clerk of the City of Grand Terrace shall certify to the adoption of this Resolution. Attachment: PC Resolution_Property 1 (GP Conformance Finding -Barton Properties) Page 2 of 3 Packet Pg. 38 6.a Page 3of 3 PASSED AND ADOPTED by the Planning Commission of the City of Grand Terrace, th California, at a regular meeting held on the 18 day of January 2018. AYES: NOES: ABSENT: ABSTAIN: ATTEST: __________________________ __________________________ Debra L. Thomas Tom Comstock City Clerk Chairman Attachment: PC Resolution_Property 1 (GP Conformance Finding -Barton Properties) Page 3 of 3 Packet Pg. 39 6.b RESOLUTION NO. 2018- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GRAND TERRACE, DETERMINING GENERAL PLAN CONFORMITY PURSUANT TO GOVERNMENT CODE SECTION 65402 FOR THE PROPOSED DISPOSITION OF APPROXIMATELY 4.80 ACRES LOCATED ON THE SOUTH SIDE OF BARTON ROAD, BETWEEN MICHIGAN AND CANAL STREETS (APN 1167-231-01, 1167-231-02, AND 1167-311-01) WHEREAS, the City of Grand Terrace is proposing to dispose of three parcels of land totaling approximately 4.80 acres located on the south side of Barton Road, between Michigan and Canal Streets, identified on the San Bernardino County Parcel Numbers 1167-231-01, 1167-231-02 and 1167- 311-01; WHEREAS, the property is zoned BRSP General Commercial and is designated General Commercial on the General Plan Land use Map; WHEREAS, the General Commercial land use designation is primarily located along Barton Road and near the I-215 Freeway. It provides for general commercial uses to serve the retail and service needs of the community; WHEREAS, as stated in the Grand Terrace General Plan, the BRSP serves as the zoning code for most properties fronting along or directly related to Barton Road, and is intended to provide guidance for the development of predominantly commercial property along the primary transportation corridor through the City; WHEREAS, State Government Code Section 65402 stipulates that prior to the disposition of real property by a government agency, the planning agency of the jurisdiction in which said property is located must first make the finding that the disposition of said real property is in conformance with the adopted General Plan of the local jurisdiction; WHEREAS, this action is exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to Section 15060(c)(3) of the CEQA Guidelines; Attachment: PC Resolution_Property 2 (GP Conformance Finding -Barton Properties) WHEREAS, on January 18, 2018, the Planning Commission conducted a duly noticed public meeting on this matter at the Grand Terrace Council Chambers located at 22795 Barton Road, Grand Terrace, California 92313 and concluded the meeting on said date. WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred. Packet Pg. 40 6.b Page 2of 3 NOW THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Grand Terrace, as follows 1. The Planning Commission hereby specifically finds that all of the facts set forth in the above Recitals, are true and correct. 2. The Planning Commission hereby finds that the Project is not subject to environmental review pursuant to Section 15060(c)(3) of CEQA. 3. Based on substantial evidence presented to the Planning Commission during the January 18, 2018, public meeting, including public testimony, and written and oral staff reports, the Planning Commission specifically finds: a. The property is designated General Commercial on the Grand Terrace General Plan Land Use Map. The General Commercial land use designation is primarily located along Barton Road and near the I-215 Freeway; and provides for general commercial uses to serve the retail and service needs of the community. b. The purpose of the BRSP and associated zoning districts is to assure the systematic implementation of the City of Grand Terrace's General Plan within the Specific Plan area. The BRSP identifies that the General Commercial area is an area in transition with several residential structures having been converted to commercial uses. Lot consolidation and new commercial development are the primary focus for this area. c. The proposed disposition of the subject property would be accomplished for the intended purpose of implementing the Barton Road Specific Plan, in accordance with the General Plan land use designation, goals, and policies. 4. Based on the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Commission hereby determines that the proposed disposition of the subject Property would be in conformity with the Grand Terrace General Plan in accordance with State Government Code Section No. 65402. 5. The City Clerk of the City of Grand Terrace shall certify to the adoption of this Resolution. Attachment: PC Resolution_Property 2 (GP Conformance Finding -Barton Properties) Page 2 of 3 Packet Pg. 41 6.b Page 3of 3 PASSED AND ADOPTED by the Planning Commission of the City of Grand Terrace, th California, at a regular meeting held on the 18 day of January 2018. AYES: NOES: ABSENT: ABSTAIN: ATTEST: __________________________ __________________________ Debra L. Thomas Tom Comstock City Clerk Chairman Attachment: PC Resolution_Property 2 (GP Conformance Finding -Barton Properties) Page 3 of 3 Packet Pg. 42