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10-24-2019 - SP CITY OF GRAND TERRACE PLANNING COMMISSION/SITE AND ARCHITECTURAL REVIEW BOARD AGENDA Council ChambersSpecial Meeting6:30 PM Grand Terrace Civic Cen OPENING 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 onthis 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 Edward A. Giroux Commissioner Jeffrey McConnell Commissioner Jeremy Briggs PUBLIC ADDRESS City of Grand TerracePage 1 Agenda Grand Terrace Planning Commission/Site and Architectural Review Board October 24, 2019 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.PUBLIC HEARINGS 1. Conditional Use Permit 18-03 and Environmental 18-07; a Proposal to Establish a Commercial Farming and Agricultural Uses and Ancillary Residence on Property Located at 21712 Vivienda Avenue RECOMMENDATION: 1) Conduct a public hearing; and 2) Consider Adoption of A RESOLUTION OF THE PLANNING COMMISSION/SITE AND ARCHITECTURAL REVIEW BOARD OF THE CITY OF GRAND TERRACE, CALIFORNIA, ADOPTING AN ENVIRONMENTAL EXEMPTION (ENVIRONMENTAL 18-07) PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND APPROVING CONDITIONAL USE PERMIT 18-03 TO CONDUCT COMMERCIAL ORGANIC FARMING, AND AGRICULTURAL USES, AND ESTABLISHING AN ANCILLARY RESIDENTIAL USE ON A 5-ACRE LOT LOCATED AT 21712 VIVIENDA -191-02) DEPARTMENT: PLANNING & DEVELOPMENT SERVICES 2. Zoning Code Amendment 19-02 to Amend Chapter 18.06 (Definitions) and Chapter 18.40 (M2 Industrial District) of the Zoning Code RECOMMENDATION: 1) Conduct a public hearing, and 2) Adopt A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GRAND TERRACE, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL MAKE A DETERMINATION THAT ZONING CODE AMENDMENT 19-02 IS EXEMPT FROM CEQA PURSUANT TO CEQA GUIDELINES SECTION 15061(b)(3) AND RECOMMENDING THE CITY COUNCIL AMEND CHAPTER 18.06 (DEFINITIONS) AND CHAPTER 18.40 (M2 INDUSTRIAL DISTRICT) OF TITLE 18 (ZONING) OF THE GRAND TERRACE MUNICIPAL City of Grand Terrace Page 2 Agenda Grand Terrace Planning Commission/Site and Architectural Review Board October 24, 2019 CODE DEPARTMENT: PLANNING & DEVELOPMENT SERVICES 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 November 7, 2019 at 6:30 p.m. City of Grand Terrace Page 3 This page left intentionally blank. A.1 AGENDA REPORT MEETING DATE:October 24, 2019 TITLE:Conditional Use Permit 18-03 and Environmental 18-07; a Proposal to Establish a Commercial Farming and Agricultural Uses and Ancillary Residence on Property Located at 21712 Vivienda Avenue PRESENTED BY:Sandra Molina, Planning & Development Services Director RECOMMENDATION:Conduct a public hearing; and 2)Consider Adoption of A RESOLUTION OF THE PLANNING COMMISSION/SITE AND ARCHITECTURAL REVIEW BOARD OF THE CITY OF GRAND TERRACE, CALIFORNIA, ADOPTING AN ENVIRONMENTAL EXEMPTION(ENVIRONMENTAL 18-07)PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND APPROVING CONDITIONAL USE PERMIT 18-03 TO CONDUCT COMMERCIAL ORGANIC FARMING, AND AGRICULTURAL USES, AND ESTABLISHING AN ANCILLARY RESIDENTIAL USE ON A 5-ACRE LOT PARCEL NUMBERS 0275-191-02) 2030 VISION STATEMENT: This item supports Goal 3 to Promote Economic Development by establishing a farming use. BACKGROUND: On Thursday, September 5, 2019,the Planning Commission held a public hearing on Conditional Use Permit 18-05,filed by Jeffrey McConnell (Applicant),and Environmental 18-07proposing to establish commercial organic farmingandagricultural activities, and an ancillary residence at 21712 Vivienda Avenue, zoned M2-Industrial with an AG-2-Overlay District and FP-Floodplain Overlay District(Project). The Applicant is proposing to grow organic vegetables and fruit tree products to be sold at Farmers Markets or other off-site locations. The site has an existing residence, barn, and chicken coop that will be utilized to support the commercial farming activities. The activities also include the use of hoop houses and caterpillar tunnels andkeeping of small farm animals. The Project description includes the future construction of a 2,000 square foot storage building and a proposed water well, both will be subject to an administrative review application. Packet Pg. 4 A.1 During the Public Hearing held on September 5, 2019, the Applicant and the Planning Commission raised several questions about the Project description and Conditions of Approval. Responses and clarifications to the questions have been included in the attached table Responses to the Comments/Questions Raised at the September 5, 2019, Planning Commission Meeting. One of the requests raised by the Applicant at the previous hearing, and further responded to in the attached Table, was a request that the Planning Commission allow an onsite retail produce stand and waive ADA access and public improvement requirements. On September 10, 2019, the Applicant spoke with Staff about wanting to add the onsite produce stand for retail sales, and that he felt ADA improvements were not required. The Applicant was advised to provide in writing a complete description on the operation of the sales stand and proposed improvements to be able to evaluate the proposal. Staff did not receive the information or a revised Application to include onsite sales. As stated in the attached Table, a modification to the application to re-introduce onsite activities open to the public will require a revised Application and the use would be reviewed and conditioned accordingly. Subsequent to the hearing, the Chairman asked Staff if it would be permissible for the Applicant to transport and sell his product from his cold box vehicle at commercial locations in the City. The Barton Road Specific Plan allows Farmers Markets in the General Commercial and the Village Commercial designations. This proposal would be subject to an administrative review with the applicant filing the appropriate application and materials for consideration. ANALYSIS: The Planning Commission has the authority to approve the Conditional Use Permit (as submitted and reviewed) proposing to conduct organic farming of organic vegetables and fruit trees for off-site sales; the use of the existing residence as an ancillary use to support the commercial farming activities; and the use of the existing barn, chicken coop. The proposal also includes the keeping of small farm animals and the use of hoop houses and caterpillar tunnels. The project further includes the future construction of a 2,000 square foot shed and a water well, subject to future administrative review and approval by the City. The approval does not include on-site activities open to the public and there are no proposed structures or additions to the residence to be constructed at this time. The Responses in the Table also identified conditions of approval that are recommended to be modified, as follows: The single-family residence shall be occupied as an ancillary use to the commercial agricultural use only. Should the commercial agricultural Packet Pg. 5 A.1 farming activities cease for a period oftwelve (12) months, use of the ancillary residence shall cease and its use vacated that creates new plumbing fixtures Building and Safety Conditions of Approval, General Information, first paragraph Any new structures or appurtenances shall be designed in accordance with the 2016 California Building Code, 2016 California Mechanical Code, 2016 California Plumbing Code, and the 2016 California Electrical Code, 2016 Residential Code and the 2016 California Green Buildings Standards adopted by the State of California. Note if a new code has been adopted prior to the submittal, then all structures shall be designed to Public Works Conditions of Approval No. 7 The applicant shall dedicate right of way and/or construct all missing or damaged public improvements. The missing or damaged public improvements shall include, but are not limited to, pavement, curb, gutter, sidewalk, driveway approach, and streetlights as directed by the Public Works Department at the time that the applicant pulls any building permits.. Modifications to the Project Description During the September 5, 2019 hearing the Applicant and Planning Commission raised several questions or asked for clarification on activities that would change the project description or requested changes to the project description that were not properly evaluated or included in the application. Other inquiries would require additional applications to be filed, such as code amendments, that are subject to City Council review and action. The Responses in the table, provide responses to these items. The Planning Commission would not be able to act on these items. ENVIRONMENTAL REVIEW: The Project qualifies for a categorical exemption, pursuant to Section 15332 of the California Environmental Quality Act (CEQA) Guidelines, which exempts infill projects that (a) are consistent with the general plan designation and zoning regulations; (b) the development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses; (c) the site has no value as habitat for endangered, rare or threatened species; (d) approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and (e) the site can be adequately served by all required utilities and public service. PUBLIC NOTICE: The public hearing notice was published in the Grand Terrace City News, posted in three public places and mailed to property owners within a 1000-foot radius of the site. Packet Pg. 6 A.1 Six comments were received at the public hearing held on September 5, 2019. No additional comments have been received as a result of this notice. RECOMMENDATION: Staff recommends the Planning Commission considers adoption of the attached Resolution approving the project. ATTACHMENTS: Table: Response to Questions/Comments Raised at September 5, 2019 public hearing (PDF) PC Resolution10.7.2019 (DOC) Conditions of Approval Exhibits (PDF) CUP 18-03_Notice of Exemption_8.13.2019 (DOC) Agenda - Thursday, September 5, 2019 - Staff Report (PDF) APPROVALS: Sandra Molina Completed 10/17/2019 11:32 AM Sandra Molina Completed 10/17/2019 6:54 PM City Attorney Completed 10/18/2019 12:05 PM Planning Commission/Site And Architectural Review Board Pending 10/24/2019 6:30 PM Sandra Molina Completed 10/18/2019 1:25 PM Packet Pg. 7 Responses to the Comments/Questions Raised at the September 5, 2019 Planning Commission Hearing Conditional Use Permit 18-03 Page 1of 9 Issue Raised /Request MadeCurrent Basis for RequirementProcedure to Address Issue Requirement/Status 1The Applicant desires to entitle all uses The proposed use is for the The scope of the proposed To entitle all uses authorized under authorized under the AG -2 Zoning following: use is based on the the AG Designation.Application submitted by the following is required: Applicant. The applicant is proposing to grow organic vegetables and fruit trees to be transported The Applicant revised the to be sold at Farmers Application to eliminate Markets or offsite locations. activities that bring the public The activities include the use on-site which resulted in the of caterpillar tunnels and Application not triggering hoop houses whichare some of the required temporary structures used to improvements. support farming activities. The applicant will also have small farm animals. 2The Applicant desires the conditions of The current Application does “Cottage Food Bill” is a law It is unclear whether the “Cottage approval to include he is exempt under the not propose any “cottage signed in 2012, that allows Food Bill” would apply to the California Cottage Law.food operations.”individuals to prepare and/or proposed use. To include “Cottage package certain non-food Operations” the Applica potentially hazardous food in have to be re private-home kitchens referred application to as “cottage food operations” operation that is being proposed and (CFOs). it would have t conditioned accordingly. 01247.0005/607265.1 Responses to the Comments/Questions Raised at the September 5, 2019 Planning Commission Hearing Conditional Use Permit 18-03 Page 2of 9 Issue Raised /Request MadeCurrent Basis for RequirementProcedure to Address Issue Requirement/Status 3The Applicant requests that the Planning ADA access requirements ADA requirements are based Based on the current application and Commission allow onsite retail produce are triggered by the on the proposed on-site project description, no activities open stand and waive ADA access proposed uses.activities and mandatedby the to the public are proposed; therefore, requirements.California Building Code.no ADA improvements are required. The application was modified by the Applicant to eliminate Onsite activities openand The City does not have lega all on-site activities open to accessible to the public trigger authority to waive the public; thereby ADA requirements, in compliance with state law and At any time that the eliminating the need for ADA improvements.to servepatrons with mobility activities open to the public, such as issues.an onsite fruit and vegetable stand, Any modification to the ADA access application to re-introduce onsite activities open to the In addition, the current application public will require ADA does not include on improvement requirements the application would need to be commensurate with the revised if it is to be considered and revised proposal.conditioned accordingly the onsite activities, including ADA improvements and public improvements would be required 4The Planning Commission would like to The AG-2 Overlay District Chapter 18.56 AG-2 Overlay Condition of Approval No. 23 was increase the timeframe the Applicant would allows the use of the District conditionally permits included to establish the timeframe have to vacate the residence should the residence as an ancillary use residential uses ancillary to the applicant would have to vacate commercial activities cease, as identified into support the commercial commercial agricultural uses.the residen Condition of Approval No. 23.farming activities only; farming activities cease. therefore, should the This is the only way in which a commercial farming residential use may be The Planning Commission operations cease, then the established for the project site.discretion to revise the condition to use of the residence will no allow more time. longer be permitted. Staff does not recommend a time period greater than twelve months. 01247.0005/607265.1 Responses to the Comments/Questions Raised at the September 5, 2019 Planning Commission Hearing Conditional Use Permit 18-03 Page 3of 9 Issue Raised /Request MadeCurrent Basis for RequirementProcedure to Address Issue Requirement/Status 5Applicant desires to “re-grandfather” use of The proposed site is zoned Zoning Code Chapter 18.76 – For the residence to be occupied as a the house on the property.M2-Industrial with an AG-2–Nonconforming Uses and primary use, Overlay District and Buildings, Section 18.76.030 have to be amended. Floodplain District.(D) provides: “If the legal nonconforming use of a To accomplish this type of result, an The M2-Industrial zoning building ceases for a ordinance would need to be drafted, does not allow residential continuous period of six the Planning uses; however, the AG-2months, it shall be considered need to recommend the adoption of Overlay District allows the terminated and the building the ordinance, and the City Council use of the residence as an shall thereafter be used only would need to adopt the ordinance. ancillary to the primary in accordance with the commercial farming use.regulations for the district in The application would need to be which it is located.” revised to request the code Should the commercial amendment. farming operations cease, The residence has been then the use of the residence vacant for severalyears; and will no longer be permitted.no longer has legal non- conforming status. The only validuse of the residence is as an ancillary use as allowed by theAG-2 Overlay District. 01247.0005/607265.1 Responses to the Comments/Questions Raised at the September 5, 2019 Planning Commission Hearing Conditional Use Permit 18-03 Page 4of 9 Issue Raised /Request MadeCurrent Basis for RequirementProcedure to Address Issue Requirement/Status 6The Planning Commission would like to The Applicant is required to The review of all projects This requirement can be satisfied in make a recommendation to the City demonstrate legal and requires Staff to ensure that the following ways: Council to grant the legal access of physical access to a public there is legal and physical “Railroad Access Road.”road. access from the site toand froma public roadway, so that The project site fronts a dirt private property is not road referred to as “Railroad trespassed upon. Access Road” which crosses the propertiesto the north (O’Brien Property) and west (Davis Property).There is no legal access to cross these properties. The Applicant also has the option to The project site also has provide legal documentation frontage on Vivienda Avenue perfected prescriptive e which provides legal access for the property, and a Staff has suggested driveway and driveway that he meet with the approach would need to be property owners. constructed. 7The Applicant wants clarification on The condition readsas The review of all projects See response to Condition of Approval No. 12 follows: requires Staff to ensure that 12. “Prior to the initiation of there is legal and physical any commercial farming and access from the site toand agricultural activities, the froma public roadway, so that applicant shall comply with private property is not Conditions of Approval No. 9 trespassed upon. & 10 and provide to the City a recorded copy of the access easement, if applicable.” Conditions 9 and 10 require that the Applicant provide legal and physical access, as discussed above No. 6. 01247.0005/607265.1 Responses to the Comments/Questions Raised at the September 5, 2019 Planning Commission Hearing Conditional Use Permit 18-03 Page 5of 9 Issue Raised /Request MadeCurrent Basis for RequirementProcedure to Address Issue Requirement/Status The condition readsas The Zoning Code only allows 8The Applicant wants clarification on The Applicant follows: occupancy or the residence Condition of Approval No.13.with Condition No. 12 discussed ancillary to the commercial previously, in order to initial the 13. “Prior to occupying the farming activities, which must farming activities. The farming ancillary residence, the be commenced prior to activities must be commenced to applicant shall initiate the occupancy. occupy the residence. commercial farming and agricultural uses, pursuant to Condition No. 12 is discussed A certificate of occupancy would be Condition of Approval No. 12 above in No.5. required to occupy the residence as and obtain a Certificate of it has been vacant for several year. Occupancy by the Building To re-occupy the residence a The occupancy inspection would be and Safety Division.” certificate of occupancy will be limited to verifying that life safety required as the residence has issues are not present. been unoccupied for several years. 01247.0005/607265.1 Responses to the Comments/Questions Raised at the September 5, 2019 Planning Commission Hearing Conditional Use Permit 18-03 Page 6of 9 Current Basis for Requirement Issue Raised /Request MadeProcedure to Address Issue Requirement/Status The project description Grand Terrace Municipal 9The applicant desires to build a 2,000 The sewer connection will only be includes construction of a Code Chapter 13.04 (Sewer square foot metal shedand a laundry room required if the Applicant proposes 2,000 square foot metal Connections), Section in the future without having to connect to plumbing fixtures. storage building. Future 13.04.020 requires as follows the City sewersystem, and wants the construction of this building “All buildings or other For the laundry room, the application requirement waived. will be subject to structures which contain any would need to be revised to add the administrative review, the plumbing fixtures and which laundry room. However, the sewer submittal of which will require are located within the City connection would be required for the floorplans. Connection to the limits must be connected to a new plumbing fixtures. sanitary sewer will be public sewer except as Commission cannot waive the required if plumbing fixtures otherwise provided inSection requirement. A City Council are proposed.13.04.040.” (Section ordinance to amend the Municipal 13.04.040 relates to the Code would be required. The Applicant’s current timing and payment of project description does not acquisition charges.) include construction of a Condition No. 34 is proposed to be laundry room. modified to read: the residence plumbing fixtures connection to the public sanitary sewer system. 01247.0005/607265.1 Responses to the Comments/Questions Raised at the September 5, 2019 Planning Commission Hearing Conditional Use Permit 18-03 Page 7of 9 Current Basis for Requirement Issue Raised /Request MadeProcedure to Address Issue Requirement/Status 10The Planning Commission wants The proposal includes the Section 18.73.190 of the Building and Safety’s Condition of clarification on Building and Safety’s use of the existingresidence zoning code requires utilities Approval No. 2 is a standard Condition of Approval No.2 and barn, which are served to be undergrounded. requirement and by utilities. implementation to the “All on site utilities shall be underground to Utilitiesinclude water, natural square foot structur the new proposed structure unless prior The proposal also identifies a gas, sewer, electricity, cable approval has been obtained by the utility 2,000 square foot building to and phone lines. It also adds flexibility to allow the company or the City.” be constructed at a later utility agency to determine date. Implementation of the compliance with the condition. requirement would be applicable to new structures or significant modifications to existing structures. 11The Planning Commission wants The south side of the The Circulation Element of the This condition of approval can be clarification on Public Works Condition of proposed site fronts Vivienda General Plan requires as part clarified to indicate it is only Approval No. 7 Avenue. of the development review applicable process, that projects dedicate permit is requ “The Applicant shall dedicate right of way The existing structures on ultimate right-of-way along all includes the future and/or construct all missing or damaged the property do not trigger street frontage, and improve building or any future proposed public improvements. The missing or improvements; however, the roadway.structures damaged public improvements shall future development, such as include, but are not limited to, pavement, the identified 2,000 square Section 18.73.060 of the The condition cannot be waived, curb, gutter, sidewalk, driveway approach foot barn to be built in the zoning code also requires rather the Applicant would need to and streetlights as directed by the Public future, will trigger this dedication and improvement file a Variance application and make Works Director.”requirement.of public roadways.the requisite findings to support the Variance. In addition, the Applicant desires to be able to build a 2,000 square foot barn in the future and wants the required street improvements at Vivienda Avenue be waived. 01247.0005/607265.1 Responses to the Comments/Questions Raised at the September 5, 2019 Planning Commission Hearing Conditional Use Permit 18-03 Page 8of 9 Issue Raised /Request MadeCurrent Basis for RequirementProcedure to Address Issue Requirement/Status 12The Applicant wants clarification on As it pertains to the application and ConditionNo. 3 reads as Condition No. 3 is a standard Conditionsof Approval No 3and 32, as the current project description, an follows: “Minor modifications condition of approval that Applicant does not want to submit a example of a minor change would be to this approval which are provides the Applicant to modified conditional use permit for minor if the Applicant decided not to grow determined by the Planning have minor changes changes and incur costs.fruit trees and would rather use that and Development Services approved at Staff level. area as vegetable plots. Director to be in substantial conformance with the However, changes to the However, changes such as approved site plan, and existing use that intensify the boarding, apiaries, which do not intensify or use, such as on-site activities academies, and on change the use or require open to the public will require vegetables, produce and flowers, any deviations from adopted a modified conditional use other onsite activities, standards, may be approved require a modified conditional use permit.Condition No. 32 by the Planning and permit to be speaks directly to this conditioned accordingly, and also Development Services example. subject to Director upon submittal of an approval application and the required fee.” Condition No. 32 reads: “Any future changes in on-site activities, including the on- site sale of fruit and vegetables, produce, flowers, and other farming and agricultural products shall require submittal, review, and approval of a modified conditional use permit”. 01247.0005/607265.1 Responses to the Comments/Questions Raised at the September 5, 2019 Planning Commission Hearing Conditional Use Permit 18-03 Page 9of 9 Issue Raised /Request MadeBasis for RequirementProcedure to Address Issue Current Requirement/Status 13The Applicant believes that he is being The condition reads as Building and Safety will clarify that This Building and Safety asked to update the existing house to the the stated Condition requires that condition of approval is a follows: “All structures shall most recent Building and Safety Codes.any new structures or appurtenances standard condition in be designed in accordance to existing structures must comply reference for all new with the 2016 California with the most recent Building and structures. Building Code, 2016 Safety Codes California Mechanical Code, The existing residence is not a 2016 California Plumbing new structure and does not Code, and the 2016 have to be upgraded to California Electrical Code, current codes. 2016 Residential Code and the 2016 California Green Any new construction, such as Buildings Standards adopted the proposed future metal by the State of California. building would require to meet Note if a new code has been applicable building codes. adopted prior to the submittal, then all structures shall be designed to the current model code year.” 14The Applicant wants clarification on The application includes the Table 18.56.030 of the AG-2The condition is only in relation to Overlay District specifies the the farm animals; which shall remain Condition of Approval No. 29, which reads:keeping of farm animals, and type of animals, the maximum in compliance with the AG “The combined total number of animals this condition informs that the number of animals, and the District. kept on the site shall not exceed the number of animals must be minimum site area maximum number and combination of in compliance with the requirements. animals allowable in Chapter 18.56 (AG-2zoning code. Agricultural-2 Overlay District), Table 18.56.030 of the Municipal Code.” 01247.0005/607265.1 This page left intentionally blank. A.1.b RESOLUTION NO.19- A RESOLUTION OF THE PLANNING COMMISSION/SITE AND ARCHITECTURAL REVIEW BOARD OF THE CITY OF GRAND TERRACE, CALIFORNIA, ADOPTING AN ENVIRONMENTAL EXEMPTION (ENVIRONMENTAL 18-07) PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND APPROVING CONDITIONAL USE PERMIT 18-03 TO CONDUCT COMMERCIAL ORGANIC FARMING AND AGRICULTURAL USES, AND ESTABLISHING AN ANCILLARY RESIDENTIAL USE ON A 5-ACRE LOT LOCATED AT 21712 VIVIENDA -191-02) WHEREAS, Jeffrey McConnell (Applicant) has filed an application for a Conditional Use Permit 18-03 requesting approval to conduct commercial organic farming and, agricultural uses, and an ancillary residential use, on a 5-acre lot, located at 21712 Vivienda Avenue; and WHEREAS, the site is zoned M2-Industrial within the AG-2 Overlay District and the FP-Floodplain Overlay District; and WHEREAS, the project site has an existing 1,325 square foot residence with a 421 square foot two-car garage, a 2,400 square foot barn, and a 160 square foot chicken coop; and WHEREAS, the Project qualifies for an environmental exemption pursuant to Section 15332 of the California Environmental Quality Act (CEQA) Guidelines, which exempts infill projects when the project is compatible with the General Plan and Zoning Code, is no more than five acres substantially surrounded by urban uses, it is devoid of habitat for biological resources and the Project site has no value as habitat for endangered, rare, or threatened species, the site is served by public utilities and services, and there are no impacts to traffic noise, air quality or water quality; and WHEREAS, on September 5, 2019, the Planning Commission conducted a duly noticed public hearing on the Project at the Grand Terrace Council Chambers located at Attachment: PC Resolution10.7.2019 \[Revision 1\] (CUP 18-03 and E 18-07) 22795 Barton Road, Grand Terrace, California 92313 and concluded the hearing on said date; and the Commission made a motion to continue the public hearing to October 3, 2019; and WHEREAS, on October 3, 2019, the Planning Commission had no quorum and the continuation to the public hearing was cancelled; and WHEREAS, on October 24, 2019, the Planning Commission conducted a special meeting and duly noticed public hearing on the Project at the Grand Terrace Council Packet Pg. 17 A.1.b Chambers located at 22795 Barton Road, Grand Terrace, California 92313 and concluded the hearing on said date; WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred. NOW THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Grand Terrace: 1. The recitals set forth above are true and correct and incorporated herein by this reference. 2. Based upon the all oral and written reports and presentations made by City staff and members of the public, including any attachments and exhibits, the Planning Commission/Site and Architectural Review Board hereby finds that the Project is categorically exempt pursuant to Section 15332 from the provisions of the California Environmental Quality Act (CEQA). The project site is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations, the proposed site is located within city limits measuring no more than five acres substantially surrounded by urban uses, the project site has no value as habitat for endangered, rare or threatened species, the approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality, and the site can be adequately served by all required utilities and public services. 3. Based upon the all oral and written reports and presentations made by City staff and members of the public, including any attachments and exhibits, the Planning Commission/Site and Architectural Review Board finds as follows with respect Conditional Use Permit 18-03: a. The proposed use will not be detrimental to the health, safety, morals, comfort or general welfare of the persons residing or working within the neighborhood of the proposed project or within the city. The proposed commercial organic farming and agricultural uses, and the ancillary use of the residence are consistent with the M2-Industrial zoning, the AG-2- Attachment: PC Resolution10.7.2019 \[Revision 1\] (CUP 18-03 and E 18-07) Agricultural-2 Overlay, and the Floodplain Overlay District Requirements. The existing structures meet applicable development standards of the Agricultural-2 Overlay District, including the setbacks required for the commercial farming activities and the type and number of animals kept on site. The lot location, size, and existing structures are complementary to surrounding uses. The Applicant is required to comply with San Bernardino County standards related to the California Restricted Materials Requirements by the State of California Department of Pesticide Regulation for Ground Water Protection Area to ensure ground water is not impacted. Page 2 of 8 Packet Pg. 18 A.1.b b. The proposed use will not be injurious to property or improvements in the neighborhood or within the city. The proposal does not include any site improvements at this time; however, the proposed use will be compliant with applicable Municipal Codes and standards established by the underlying zoning and overlay districts. The project has been conditioned to obtain a legal access easement from adjacent property owners, including Railroad Access Road or utilize t Vivienda Avenue prior to legally conducting any activities on the site, including the site improvements required by the San Bernardino County Fire, Riverside Highland Water improvements, and prior to obtaining a Certificate of Occupancy, and initiating any activities on site. Conditions of Approval have been established regulating activities and use will not be injurious to the property or the neighborhood. c. The proposed use will be consistent with the latest adopted General Plan. The Project is consistent with the intended land uses of the City and the Municipal Code. The proposed site is zoned M2-industrial with and AG-2 Agricultural-2 Overlay District and FP-Flooding Overlay District. The proposed business to conduct commercial organic farming and agricultural activities, and the use of the residence as an ancillary use are consistent with the latest adopted General Plan and Zoning Code, which allows limited commercial agricultural uses with single-family residential as an accessory use to support the commercial activities. The proposed commercial organic farming and agricultural activities, and ancillary use of the residence will be consistent with the Land Use Element because it promotes maintenance of a healthy and diversified community. The use is consistent with the Industrial zoning designation and compatible with other surrounding uses. The Applicant will be required to demonstrate and provide legal and physical access to the site prior to initiating onsite activities. d. Conditions necessary to secure the purposes of this chapter are made a part of the conditional use permit. Attachment: PC Resolution10.7.2019 \[Revision 1\] (CUP 18-03 and E 18-07) BE IT FURTHER RESOLVED that, based on the forgoing, Conditional Use Permit 18- 03 and Environmental 18-07 are hereby approved subject to the following conditions: 1. Conditional Use Permit 18-03 is approved to conduct commercial organic farming and agricultural activities, and occupy an existing residence as an ancillary use on a 5-acre lot located at 21712 Vivienda Avenue. This approval is granted based on the application materials submitted by Jeffrey McConnell on July 10, 2018, including revised project plans received June 4, 2019. This approval includes conducting farming of organic vegetables and fruit trees products to be sold at Farmers Markets. The existing residence will be occupied as an ancillary Page 3 of 8 Packet Pg. 19 A.1.b use to the farming activities and the existing barn will be used as storage for tractors, farming equipment, animal feed, and hay. The activities also include the use of hoop houses/caterpillar tunnels over plots that can be disassembled and reassembled on a rotational basis, and small farm animals. The application materials are approved as submitted and conditioned herein and shall not be further altered except as modified by these conditions of approval, and unless reviewed and approved by the affected departments. th 2. If not appealed, this approval shall become effective on the eleventh (11) day thth day following such eleventh (11) day when the eleventh (11) day is not a city business day. This approval shall expire twelve (12) months from the date of adoption of this resolution unless building permits have been issued and a substantial investment in reliance of those permits has occurred; all conditions of approval have been met; or a time extension has been granted by the City, in accordance with Chapter 18.63 of the Zoning Code. Time extensions shall be filed at least sixty (60) days prior to the expiration date. 3. Minor modifications to this approval which are determined by the Planning and Development Services Director to be in substantial conformance with the approved site plan, and which do not intensify or change the use or require any deviations from adopted standards, may be approved by the Planning and Development Services Director upon submittal of an application and the required fee. 4. The Applicant shall defend, indemnify, and hold harmless the City of Grand Terrace and its officers, employees, and agents from and against any claim, action, or proceeding against the City of Grand Terrace, its officers, employees, or agents to attack, set aside, void, or annul any approval or condition of approval of the City of Grand Terrace concerning this project, including but not limited to any approval or condition of approval of the Planning Commission, or Planning and Development Services Director. The City shall promptly notify the Applicant of any claim, action, or proceeding concerning the project and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officers, employees, and agents in the Attachment: PC Resolution10.7.2019 \[Revision 1\] (CUP 18-03 and E 18-07) defense of the matter. 5. Upon approval of these conditions and prior to becoming final and binding, the Applicant and content shall be prepared by the Planning and Development Services Department. 6. In the event that exhibits, and written conditions are inconsistent, the written conditions shall prevail. Page 4 of 8 Packet Pg. 20 A.1.b 7.Operational activities associated with the project shall comply with the Municipal Code. 8. The Applicant shall comply with all applicable Federal, State, County and Local Codes, at all times. 9. The Applicant shall obtain legal and physical access across adjacent properties to the public roadway, which may include Railroad Access Road or utilize the . The document(s) recording the road access easement shall be prepared by the Applicant for review and approval by the City Engineer prior to recordation. The Vivienda Avenue legal access improvements shall be determined and reviewed by the City Engineer. 10. Access rights shall be granted to the City for the purpose of allowing access over private drives within the development for all City vehicles, including police, fire, and other emergency vehicles. The document(s) recording this access shall be prepared by the Applicant for review and approval by the City Engineer, prior to recordation. 11. Prior to the issuance of a Certificate of Occupancy by the Building and Safety Division, the Applicant shall comply with Conditions of Approval No. 9 & 10 and provide to the City a recorded copy of the access easement, if applicable. 12. Prior to the initiation of any commercial farming and agricultural activities, the Applicant shall comply with Conditions of Approval No. 9 & 10 and provide to the City a recorded copy of the access easement, if applicable. 13. Prior to occupying the ancillary residence, the Applicant shall initiate the commercial farming and agricultural uses, pursuant to Condition of Approval No. 12 and obtain a Certificate of Occupancy by the Building and Safety Division for the ancillary residence. 14. The Applicant shall obtain a Business License from the Finance Division and shall be renewed annually for as long as the business remains in operation. Attachment: PC Resolution10.7.2019 \[Revision 1\] (CUP 18-03 and E 18-07) 15. The Applicant shall comply with all requirements of the City of Grand Terrace Building and Safety Division, including the conditions of approval contained in the emorandum dated May 1, 2019, attached hereto as Exhibit 1. 16. The Applicant shall comply with all requirements of the City of Grand Terrace Public Works Director, including the conditions of approval contained in the emorandum dated July 24, 2019, Revised August 5, 2019, Revised August 29, 2019, attached hereto as Exhibit 2. Page 5 of 8 Packet Pg. 21 A.1.b 17.The Applicantshall comply with all requirements of the San Bernardino County Fire Department, Office of the Fire Marshal Community Safety Division, including the conditions of approval contained in their Permit Number: F201900093 dated June 17, 2019, attached hereto as Exhibit 3. 18. Prior to the issuance of a Certificate of Occupancy by the Building and Safety Division, the Applicant shall provide a will service letter and obtain all requisite permits and clearances from Riverside Highland Water Company (RHWCO). 19. Prior to obtaining clearances form the San Bernardino County Fire Department, Office of the Fire Marshal Community Safety Division and clearances from the Riverside Highland Water Company (RHWCO), Conditions of Approval No. 9 & 10 shall be completed. 20. Prior to the issuance of a Certificate of Occupancy by the Building and Safety Division, the Applicant shall provide clearances from the Santa Ana Regional Water Control Board and any other applicable agency, for the proposed septic tank and comply with all applicable requirements. A copy of the clearances for the septic tank shall be provided to the Building and Safety Division. 21. Prior to the issuance of a Certificate of Occupancy by the Building and Safety Division, the Applicant shall obtain all requisite permits and clearances from the San Bernardino County Environmental Health Services. A copy of the clearances shall be provided to the Building and Safety Division. 22. The Applicant shall comply with all the requirements contained in Municipal Code, Chapter 18.56 AG-2 Agricultural-2 Overlay District. 23. The single-family residence shall be occupied as an ancillary use to the commercial agricultural use only. Should the commercial agricultural farming activities cease for a period of twelve (12) months, use of the ancillary residence shall cease and its use vacated. 24. The Applicant shall comply with the California Restricted Materials Requirements by the State of California Department of Pesticide Regulation for Ground Water Protection Area. Prior to initiating the commercial farming and agricultural Attachment: PC Resolution10.7.2019 \[Revision 1\] (CUP 18-03 and E 18-07) activities and prior to obtaining a Certificate of Occupancy by the Building and Safety Division. Copies of such clearances shall be provided to the Planning and Development Services Department and the Building and Safety Division. 25. The Applicant shall comply with the National Pollutant Discharge Elimination System (NPDES). 26. The Applicant shall comply with the requirements of the County of San Bernardino Department of Agriculture/Weights and Measures, including but not Page 6 of 8 Packet Pg. 22 A.1.b Certificate, registering for CDFA organic farming, and completing aCDFA Egg Handlers application, if required. Copies of such certificates shall be provided to the Planning and Development Services Department and the Building and Safety Division prior to initiating the commercial farming and agricultural activities and prior to obtaining a Certificate of Occupancy by the Building and Safety Division. 27. The proposed caterpillar tunnels and hoop houses shall maintain a twenty (20) foot setback from the property lines and shall not exceed ten feet in height. 28. All animals, excepting household pets, shall be kept at a minimum distance of seventy (70) feet from any structure or area used for human habitation or public assembly on adjoining property. 29. The combined total number of animals kept on the site shall not exceed the maximum number and combination of animals allowable in Chapter 18.56 (AG-2 Agricultural-2 Overlay District), Table 18.56.030 of the Municipal Code. 30. The proposed 2,000 square foot metal barn for future development, located approximately twenty (20) feet south of the existing barn shall be reviewed and approved through an Administrative Conditional Use Permit. 31. The future water well shall be reviewed and approved by City Departments and agencies, including obtaining applications and clearances by San Bernardino County Environmental Health Services Department. A copy of such certificates shall be provided to the Planning and Development Services Division and the Building and Safety Division. 32. Any future changes in on-site activities, including the on-site sale of fruit and vegetables, produce, flowers, and other farming and agricultural products shall require submittal, review, and approval of a modified conditional use permit. 33. Any future development on the site, including alterations, conversions, remodels, and new structures shall require compliance with the Municipal Code and the Floodplain Ordinance. 34. Any alterations to the residence that create new plumbing fixtures shall require Attachment: PC Resolution10.7.2019 \[Revision 1\] (CUP 18-03 and E 18-07) connection to the public sanitary sewer system. 35. All ground mounted equipment, including backflow devices, shall be screened in a manner that does not impede traffic visibility. 36. The Applicant shall be responsible for regular and ongoing upkeep and maintenance of the site. 37. All contractors shall acquire a valid City business license and be in compliance with all City codes. Page 7 of 8 Packet Pg. 23 A.1.b 38. The Applicant shall obtain a sign permit prior to the installation of any signs. PASSED AND ADOPTED by the Planning Commission of the City of Grand Terrace, th California, at a special meeting and public hearing held on the 24 day of October 2019. AYES: NOES: ABSENT: ABSTAIN: ATTEST: __________________________ __________________________ Debra L. Thomas Tom Comstock City Clerk Chairman Attachment: PC Resolution10.7.2019 \[Revision 1\] (CUP 18-03 and E 18-07) Page 8 of 8 Packet Pg. 24 A.1.c EXHIBIT 1 Building and Safety Conditions of Approval Date: May 1, 2019 File No:Conditional Use Permit18-03& Environmental 18-07 Applicant: Jeffrey McConnell Address of Applicant:21758 Walnut Ave., Grand Terrace, CA 92313 Site Location:21712 Vivienda Avenue APN:0275-191-02 Provide four (4)sets of construction plans and documentation for plan review of the proposed project. Below you will find a list of the plans and documents Building and Safety will need forplan review. The initialplan review will take approximately two weeks on most projects. Provide the following sets of plans and documents. Building and Safety submittalsrequired at first plan review. (4)Plot/Site Plans (Indicating allexisting structures and setback from property lines) (4)Electrical Plans (Anyreplaced or new outdoor electrical) (4) Plumbing Plans/Isometrics, Water, Sewer and Gas(Any new irrigation,backflow devices, or additional waterlines) Building & Safety General Information Any new structures or appurtenancesshall be designed in accordance with the2016 Attachment: Conditions of Approval Exhibits (CUP 18-03 and E 18-07) California Building Code, 2016 California Mechanical Code, 2016 California Plumbing Code, and the 2016 California Electrical Code, 2016 Residential Code and the 2016 California Green Buildings Standardsadopted by the State of California. Note if anew code has been adopted priorto the submittal, then all structures shall be designed to the current model code year. The Developer/Owner is responsible for the coordination of the final occupancy. The Developer/Owner shall obtain clearances from each department and division prior to requesting a final building inspection from Building & Safety. Each agency shall signthe bottom of the Building & Safety Job Card. Packet Pg. 25 A.1.c CUP 18-03, E 18-07 Page 2 Building & Safety inspection requests can be made twenty-four(24) hours in advance for next day inspection. Please contact 909-825-3825. You may also request inspections at the Building & Safety public counter. All construction sites must be protected by a security fenceand screening. The fencing and screening shall be maintained at all times to protect pedestrians. Temporary toilet facilities shall be provided for construction workers.The toilet facilities shall be maintained in a sanitary condition. Construction toilet facilities of the non sewer type shall conform toANSI ZA.3. Construction projects which require temporary electrical power shall obtain an Electrical Permit from Building & Safety. No temporary electrical power will be granted to a project unless one of the following items isin place and approved by Building & Safety and the Planning Department. (A )Installation of a construction trailer, or, (B)Security fenced area where the electrical power will be located. S eparate plan submittals and permits are required for all accessory structures; example would bepatios, block walls, and storage buildings. Pursuant to the California Business and Professions Code Section 6737, most projects are required to be designed by a California Licensed Architect or Engineer. The project owner or developer should review the section of the California Codes and comply with the regulation. Building & SafetyConditions 1.Owner must apply for Certificate of Occupancy for the residence located on the property, due to the farmingand agriculturalactivities required by AG-2 zoning. 2.All on site utilities shall be underground to the new proposed structureunless Attachment: Conditions of Approval Exhibits (CUP 18-03 and E 18-07) prior approval has been obtained by the utility company or the City. 3.Prior to issuanceof Building Permits, on site water service shall be installedand approvedby the responsible agency. On site fire hydrants shall be approved by the Fire Department. No flammable materials will be allowed on the site until the fire hydrants are established and approved. Packet Pg. 26 A.1.c Public Works Conditions Date:July 24, 2019, rev August 5, 2019, rev August 29, 2019, rev October 17, 2019 Applicant:Jeffrey McConnell Address of Applicant: 21758 Walnut Ave,Grand Terrace, CA 92313 ite Location: 21712 Vivienda Ave, Conditional Use Permit No.18-03 S Site &Arch. Review 18-03, and Environmental 18-07, proposed farming and residentialuse. Provided documents for review of the proposed project as follows: (1)Major Permit Application (2)Environmental Application (3)Letterof Intent (4)Grant Deed (5)Title Report (6)APN Maps (7)Existing House Floor Plan (8)Building Setback Map (9)Grading Plan (If applicable) All work performed in the public right of way shall comply with the San Bernardino County Public Works Standards or standards approved by the Public Works Director. Conditions: 1.Applicant is required to provide legal access to the property prior to the issuance of any Attachment: Conditions of Approval Exhibits (CUP 18-03 and E 18-07) certificates of occupancy. Applicant shall provide legal access to the property in at least one of the following ways: An easement/license or other acceptable recorded documentfrom property owner to the north, APN 0275-190-30, to allow use of the 20’ access easement westerly to Terrace Ave. As an alternative to the above, an easement/license or other acceptable recorded document from the owner of APN 0275-190-03, to allowa20’ access easement westerly to Terrace Ave. Packet Pg. 27 A.1.c As an additional alternative, if the applicant takes access from the existing legal access on the lot frontage off Vivienda, which is dedicated to the public and accepted,the applicant shall construct a driveway and an approach, as approved by the Public Works Director. he applicant will be required tosubmit service request for water serviceto the Riverside 2.T Highland Water Company. Applicant shall pay all plan review fees and permit fees for the water review to Riverside Highland Water Company. Please provide a written “Will Serve” letter to the City of Grand Terrace before any permits are issued. 3.Prior tooccupancy release, the applicant shall submit proposed water plans for fire hydrants or acceptable alternative to the County of San Bernardino Fire Department for plan review. Applicant shall pay all plan review fees and permit fees for the fire hydrant system review to the County of San Bernardino Fire Department. onumentation: If any activity on this project disturbs anysurvey monuments, the 4.M disturbed monumnetation shall be located andreferenced by or under the direction of a licensed land surveyor or a registered civil engineer authorized to practice land surveying prior to commencement of any activity with the potential to disturb the monumnetation, and a corner record or record of survey of the references shall be filled with the County. 5.All existing and proposed easements must be shown any required improvement plans. Conditions at time of Building Permit 6.All fronting overhead utilities shall be underground in the road right-of-way. 7.The applicant shall dedicate right of way and/or construct all missing or damaged public improvements. The missing or damaged public improvements shall include, but are not limited to, pavement, curb, gutter, sidewalk, driveway approach, and streetlights as directed by the Public Works Departmentat the time that the applicant pulls any building permits. 8.Minimum driveway grades shall be consistent with San Bernardino County Standard 131. Riverside County Standard driveway approach can also be used. Attachment: Conditions of Approval Exhibits (CUP 18-03 and E 18-07) Packet Pg. 28 EXHIBIT A.1.c Attachment: Conditions of Approval Exhibits (CUP 18-03 and E 18-07) Packet Pg. 29 A.1.c Attachment: Conditions of Approval Exhibits (CUP 18-03 and E 18-07) Packet Pg. 30 A.1.c Attachment: Conditions of Approval Exhibits (CUP 18-03 and E 18-07) Packet Pg. 31 This page left intentionally blank. A.1.d CITY OF GRAND TERRACE NOTICE OF EXEMPTION TO: Clerk of the Board of Supervisors FROM: Planning and Development County of San Bernardino Services Department nd 385 N. Arrowhead Avenue, 2 Floor City of Grand Terrace San Bernardino, CA 92415-0130 22795 Barton Road Grand Terrace, CA 92313 Project Title: Conditional Use Permit 18-03 and Environmental 18-07 Project Location Specific: The project is located at 21712 Vivienda Avenue, (APN: 0275- 191-02) Description of Project: Proposing to conduct commercial organic farming, agricultural activities, and the ancillary use of a residence, on a five-acre lot. The existing 1,325 square feet residence will be occupied as an ancillary use to the farming activities and the existing 2,400 square foot barn will be used as storage for tractors, farming equipment, animal feed, and hay. The proposed activities include growing organic vegetables and fruit trees. The farming activities will include the use of hoop houses/caterpillar tunnels and the produce will be transported to be sold at farmers markets. The applicant is proposing to have small farm animals such as chicken and sheep. Name of Public Agency Approving Project: Grand Terrace Planning Commission Name of Person or Agency Carrying out Project: Jeffrey McConnell Exempt Status: California Code of Regulations, Title 14, Section 15332, which exempts infill projects that are consistent with the general plan designation and zoning regulations. Reasons Why Project is Exempt: Section 15332 of the California Environmental Quality Act (CEQA) Guidelines. This section exempts infill projects that (a) are consistent with the general plan designation and zoning regulations; (b) the development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses; (c) the site has no value as habitat for endangered, rare or threatened species; (d) approval of the Attachment: CUP 18-03_Notice of Exemption_8.13.2019 (CUP 18-03 and E 18-07) project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and (e) the site can be adequately served by all required utilities and public service Lead Agency or Contact Person: Area Code/Telephone (909) 824-6621 ______________________________ _________________ Haide Aguirre Date Assistant Planner C:\\users\\sgutierrez\\appdata\\roaming\\iqm2\\minutetraq\\grandterracecityca@grandterracecityca.iqm2.com\\work\\attachments\\5752.doc 22795 Barton Road, Grand Terrace, California, 92313-5295 909/824-6621 Fax 909/783-2600 Packet Pg. 32 This page left intentionally blank. A.1.eC.3 AGENDA REPORT MEETING DATE:September 5, 2019 TITLE:Conditional Use Permit 18-03 and Environmental 18-07; a Proposal to Establish a Commercial Farming and Agricultural Uses and Ancillary Residence on Property Located at 21712 Vivienda Avenue PRESENTED BY:Sandra Molina, Planning & Development Services Director RECOMMENDATION: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 ENVIRONMENTAL QUALITY ACT (CEQA) AND APPROVING CONDITIONAL USE PERMIT 18-03 TO CONDUCT COMMERCIAL ORGANIC FARMING, AND AGRICULTURAL USES, AND ESTABLISHING AN ANCILLARY RESIDENTIAL USE ON A 5-ACRE LOT LOCATED PARCEL NUMBERS 0275-191-02) Please note: This staff report takes the August 1, 2019, staff report and updates it. The updates are shown in underlined italics. 2030 VISION STATEMENT: This item supports Goal 3 to Promote Economic Development by establishing a farming use. BACKGROUND: This item was noticed for a Public Hearing to be held on August 1, 2019. However, due to an error in the hearing notice the hearing could not be held and the Project was re- noticed for September 5, 2019 public hearing. On March 27, 2018, the City Council adopted Zoning Code Amendment 17-03, adding Chapter 18.56 Agricultural-2 (AG-2) Overlay District on eight parcels located at the north west border of the City, north of Vivienda Avenue and east of Terrace Avenue. The zoning code amendment included the five-acre project site located at 21712 Vivienda Avenue. The purpose of the Agricultural-2 Overlay (AG-2) district is to permit limited commercial Packet Pg. 48Packet Pg. 33 A.1.eC.3 agricultural uses to include single-family residential as an ancillary use to support the commercial agricultural uses on the M2-Industrial zoning. PROPOSAL: Jeffrey McConnell ("Applicant"), has filed a Conditional Use Permit application to conduct organic farming, agricultural activities, and establish an ancillary residence on the subject lot, zoned M2-Industrial with an AG-2-Overlay District and FP-Floodplain Overlay District. The Applicant's original proposal included organic farming of vegetables, fruit trees, small farm animals, a shop/barn, a new metal workshop, a well, and a laundry room addition to the existing residence. The proposal included multiple on site activities open to the public, including educational tours, a fruit and vegetable stand, and retail sales. This original proposal would have required the applicant to provide improvements to support the original onsite activities, such as access road improvements, public roadway improvements parking, ADA improvements, accessible restrooms, and connect to the public sewer. The scope of the Project description was subsequently modified by the Applicant to eliminate activities open to the public to reduce the level of required improvements. The Applicant's revised Project description proposes to grow organic vegetables and fruit tree products to be sold off-site at Farmers Markets. The existing residence will be occupied as an ancillary use to the commercial farming activities and the existing barn will be used as storage for tractors, farming equipment, animal feed, and hay. The activities also include the use of hoop houses/caterpillar tunnels over plots that can be assembled, disassembled and reassembled on a rotational basis over the plots. In addition, the applicant is proposing to have small farm animals such as chicken and sheep. The revised Project description does not include any onsite activities open to the public or additions to the existing residence. The Applicant has identified a future 2,000 square foot storage shed and a water well, both to be considered with this application, but subject to administrative review and approval by the City. Staff has included a condition of approval indicating that any future development, including alterations, conversions, remodels and new structures will require compliance with the Municipal Code, connection to the public sewer system and, as determined by the City Engineer, public street improvements. SITE AND SURROUNDING AREA: Attachment: Agenda - Thursday, September 5, 2019 - Staff Report (CUP 18-03 and E 18-07) The Project site has an existing 1,325 square foot home, a 421 square foot two car garage, an existing 2,400 square foot barn, and a 160 square foot chicken coop. The site is located between Vivienda Avenue and an easement road, referred to as Railroad Access Road, in a floodplain area surrounded by vacant land to the north and west, and single-family residential uses to the south and east. The property's topography has a steep slope on the south side of the property, fronting Packet Pg. 49Packet Pg. 34 A.1.eC.3 Vivienda Avenue; however, most of the lot is relatively flat, which is where the existing residence and existing structures are located, and where the proposed farming activities will take place. Surrounding uses are as follows: Zoning General Plan Existing Land Uses North M2-Industrial AG-2 Agricultural-Floodplain Industrial Vacant Land 2 Overlay FP-Floodplain Overlay East M2-Industrial AG-2 Agricultural-2 Floodplain Industrial Single Family Overlay FP-Floodplain Overlay Residential South R1-7.2-Single Family Residential Low Density Single Family AG-Agricultural Overlay Residential Residential West M2-Industrial AG-2 Agricultural-2 Floodplain Industrial Vacant Land Overlay FP-Floodplain Overlay ANALYSIS: General Plan/Zoning Consistency The property is designated Floodplain Industrial in the General Plan Land Use Map and it is zoned M2-Industrial, with an AG-2 Agricultural Overlay District, and FP-Floodplain Overlay District. The proposed business to conduct commercial organic farming and agricultural activities are consistent with the latest adopted General Plan and Zoning Code, which allows limited commercial agricultural uses with single-family residential as an ancillary use to support the commercial activities. The Applicant is requesting to re-grandfather the existing residence; however, when a legal nonconforming use ceases for a continuous period of 180 days or more, the nonconforming status is terminated and thereafter the site requires compliance with the regulations established by the underlying zoning district. The residence has been vacated for several years, and no longer has any legal non-conforming status. The site is zoned M-2 and occupancy of the residence solely as a residential use is not permitted. However, the AG-2 Overlay district permits residential uses ancillary to the Attachment: Agenda - Thursday, September 5, 2019 - Staff Report (CUP 18-03 and E 18-07) commercial farming and agricultural activities. Staff has included a Condition of Approval allowing the use of the residence as an ancillary use to the commercial farming activities. In the event that the agricultural farming activities cease, the use of the residence will also be required to cease. The proposed use is consistent with the Floodplain Industrial land use designation which permits light agricultural uses consistent with the Agricultural Overlay designation. Packet Pg. 50Packet Pg. 35 A.1.eC.3 It is consistent with the Land Use Element because it promotes balanced growth by promoting the maintenance of a healthy and diversified community. The use is permitted and consistent with AG-2 Overlay District with the zoning and compatible with other surrounding uses. In addition, the proposal is consistent with the Public Health and Safety Element which goal is to reduce the risk to life and property in areas designated as flood hazard zones. The north side of the property is located in the 100- year flood plain and the south side of the property where the existing structures are located is within the 500-year flood (Zone X) area, which has a 0.2 percent of annual chance flood. The Applicant will be required to comply with the Floodplain Ordinance requirements for any future development on the site, including alterations, conversions, remodels, and new structures. The City is shown within a Ground Water Protection area within San Bernardino County and the approval has been conditioned to comply with the California Restricted Materials Requirements by the State of California Department of Pesticide Regulation for Ground Water Protection Area. The Applicant will be required to comply with the pesticide requirements in order to ensure water quality is not impacted. In addition, the existing residence and barn structures are consistent with the development standards of the M2 and AG-2 districts, such as building height, building setbacks and lot coverage. The commercial organic agricultural farming activities and ancillary residential use will be consistent with the AG-2-Overlay standards. Access and Circulation Part of the review of development applications is verifying that there is legal and physical access to the public right of way to support the proposed use, including the transport of product to offsite Farmers Markets. The site has physical access at Railroad Access Road located north of the property, however, the Applicant does not have legal access to utilize this road. On the south side, the property is bound by Vivienda Avenue, a public roadway, which the Applicant has legal access to and could establish physical access by constructing a driveway to the street. The Applicant has proposed to have an adjacent neighbor utilize their access rights across Railroad Access Road to access the subject property and transport the product to and from the project site. However, this activity is not legally permitted, because the Applicant must demonstrate legal access for the subject lot. The Applicant has a couple of options to address the legal access: Attachment: Agenda - Thursday, September 5, 2019 - Staff Report (CUP 18-03 and E 18-07) The Applicant can obtain a road access easement from adjacent property owners, including the owner of Railroad Access Road. The document(s) recording the road access easement must be prepared by the Applicant to be reviewed and approved by the City Engineer prior to recordation, and access for emergency vehicles must be included. The Applicant can also utilize the property's legal access at Vivienda Avenue by Packet Pg. 51Packet Pg. 36 A.1.eC.3 constructing a driveway and drive approach in conformance with City and County Fire standards. The project has been conditioned accordingly based on the two options above. This requirement must be addressed prior to legally conducting any activities on the site, including the site improvements required by San Bernardino County Fire and Riverside Highland Water; and must be addressed prior to obtaining a Certificate of Occupancy, and initiating any activities on the site. AGENCY REVIEW: The Project Plans were distributed to various agencies and City Departments for review and comment. Riverside Highland Water Company indicated that they can serve the Project, as has Southern California Edison. Conditions of Approval from the City's Building and Safety Division, Public Works Departments, and San Bernardino County Fire are included in the Resolution. ENVIRONMENTAL REVIEW: The Project qualifies for a categorical exemption, pursuant to Section 15332 of the California Environmental Quality Act (CEQA) Guidelines, which exempts infill projects that (a) are consistent with the general plan designation and zoning regulations; (b) the development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses; (c) the site has no value as habitat for endangered, rare or threatened species; (d) approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and (e) the site can be adequately served by all required utilities and public service. PUBLIC NOTICE: The public hearing notice for the Project was published in compliance with the City's Zoning Code and City Council Resolution No. 2019-24, Expanded Pubic Noticing and Outreach Policy for Public Hearings and Public Workshops. The Public Hearing Notice was published at the Grand Terrace City News (1/8 page box advertisement), posted in three public places and mailed to property owners. The mailing radius for the public notices has been extended from the minimum 300-foot requirement to property owners within 1000-feet of the site. Attachment: Agenda - Thursday, September 5, 2019 - Staff Report (CUP 18-03 and E 18-07) In addition, the Public Hearing Notice was posted on the City's Website, Channel 3, website for email notifications, and emailed to the City Council and Planning Commission for informational purposes. To date, staff has received three written comments regarding the project. A letter was received from the office of Varner and Brandt representing the adjacent property owner (The Davis Family Trust, Kevin Davis, Trustee) dated August 1, 2019, an email from Packet Pg. 52Packet Pg. 37 A.1.eC.3 Kim Stromwall dated August 22, 2019, and a letter Becky Giroux received on August 25, 2019. CONCLUSION: The proposed Project promotes economic development in the City by making use of a site that has been vacant for many years. The proposed organic farming activities will be consistent with the General Plan and zoning designation once the road access easement has been legalized. The lot location, size, and existing structures are compliant with the surrounding neighborhood and can support the commercial organic agricultural farming activities. Staff recommends adoption of the attached resolution approving the Project. ATTACHMENTS: PC Resolution8.29.2019 (DOC) Exhibits to Resolution, Revised_8.29.2019 (PDF) CUP 18-03_Notice of Exemption_8.13.2019 (DOC) Letter of Intent June 1 signed (PDF) Letter from Applicant Regarding Access (PDF) Site Plan & Aerial View (PDF) Site Images (PDF) Information submitted with application (PDF) Petition submitted with application (PDF) Janet Rich, Road Access Easement (PDF) Varnes and Brandt Letter to the PC (PDF) Public Hearing Comment from Kim Stromwall (Email) (PDF) Public Hearing Comment From Beck Giroux (PDF) APPROVALS: Sandra Molina Completed 08/28/2019 1:46 PM City Attorney Completed 08/29/2019 5:39 PM Sandra Molina Completed 08/29/2019 5:44 PM Planning Commission/Site And Architectural Review Board Pending 09/05/2019 6:30 PM Attachment: Agenda - Thursday, September 5, 2019 - Staff Report (CUP 18-03 and E 18-07) Packet Pg. 53Packet Pg. 38 C.3.aA.1.e RESOLUTION NO.19- 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 ENVIRONMENTAL QUALITY ACT (CEQA) AND APPROVING CONDITIONAL USE PERMIT 18-03 TO CONDUCT COMMERCIAL ORGANIC FARMING AND AGRICULTURAL USES, AND ESTABLISHING AN ANCILLARY RESIDENTIAL USE ON A 5-ACRE LOT 0275-191-02) WHEREAS, Jeffrey McConnell has filed an application for a Conditional Use Permit 18-03 requesting approval to conduct commercial organic farming and, agricultural uses, and an ancillary residential use, on a 5-acre lot, located at 21712 Vivienda Avenue; and WHEREAS, the site is zoned M2-Industrial within the AG-2 Overlay District and the FP-Floodplain Overlay District; and WHEREAS, the project site has an existing 1,325 square foot residence with a 421 square foot two-car garage, a 2,400 square foot barn, and a 160 square foot chicken coop; and WHEREAS, the Project qualifies for an environmental exemption pursuant to Section 15332 of the California Environmental Quality Act (CEQA) Guidelines, which exempts infill projects when the project is compatible with the General Plan and Zoning Code, is no more than five acres substantially surrounded by urban uses, it is devoid of habitat for biological resources and the Project site has no value as habitat for endangered, rare, or threatened species, the site is served by public utilities and services, and there are no impacts to traffic noise, air quality or water quality; and WHEREAS, on September 5, 2019, the Planning Commission conducted a duly noticed public hearing on the Project at the Grand Terrace Council Chambers located at Attachment: PC Resolution8.29.2019 \[Revision 3\] (CUP 18-03 and E 18-07) 22795 Barton Road, Grand Terrace, California 92313 and concluded the hearing on said date; and Attachment: Agenda - Thursday, September 5, 2019 - Staff Report (CUP 18-03 and E 18-07) WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred. NOW THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Grand Terrace: 1. The recitals set forth above are true and correct and incorporated herein by this Packet Pg. 54Packet Pg. 39 C.3.aA.1.e reference. 2. Based upon the all oral and written reports and presentations made by City staff and members of the public, including any attachments and exhibits, the Planning Commission/Site and Architectural Review Board hereby finds that the Project is categorically exempt pursuant to Section 15332 from the provisions of the California Environmental Quality Act (CEQA). The project site is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations, the proposed site is located within city limits measuring no more than five acres substantially surrounded by urban uses, the project site has no value as habitat for endangered, rare or threatened species, the approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality, and the site can be adequately served by all required utilities and public services. 3. Based upon the all oral and written reports and presentations made by City staff and members of the public, including any attachments and exhibits, the Planning Commission/Site and Architectural Review Board finds as follows with respect Conditional Use Permit 18-03: a. The proposed use will not be detrimental to the health, safety, morals, comfort or general welfare of the persons residing or working within the neighborhood of the proposed project or within the city. The proposed commercial organic farming and agricultural uses, and the ancillary use of the residence are consistent with the M2-Industrial zoning, the AG-2- Agricultural-2 Overlay, and the Floodplain Overlay District Requirements. The existing structures meet applicable development standards of the Agricultural-2 Overlay District, including the setbacks required for the commercial farming activities and the type and number of animals kept on site. The lot location, size, and existing structures are complementary to surrounding uses. The Applicant is required to comply with San Bernardino County standards related to the California Restricted Materials Requirements by the State of California Department of Pesticide Regulation for Ground Water Protection Area to ensure ground water is not impacted. Attachment: PC Resolution8.29.2019 \[Revision 3\] (CUP 18-03 and E 18-07) b. The proposed use will not be injurious to property or improvements in the neighborhood or within the city. The proposal does not include any site Attachment: Agenda - Thursday, September 5, 2019 - Staff Report (CUP 18-03 and E 18-07) improvements at this time; however, the proposed use will be compliant with applicable Municipal Codes and standards established by the underlying zoning and overlay districts. The project has been conditioned to obtain a legal access easement from adjacent property owners, including Railroad Access Road or utilize the prope Vivienda Avenue; prior to legally conducting any activities on the site, including the site improvements required by the San Bernardino County Page 2 of 8 Packet Pg. 55Packet Pg. 40 C.3.aA.1.e Fire, Riverside Highland Water improvements, and prior to obtaining a Certificate of Occupancy, and initiating any activities on site. Conditions of Approval have been established regulating activities and use will not be injurious to the property or the neighborhood. c. The proposed use will be consistent with the latest adopted General Plan. The Project is consistent with the intended land uses of the City and the Municipal Code. The proposed site is zoned M2-industrial with and AG-2 Agricultural-2 Overlay District and FP-Flooding Overlay District. The proposed business to conduct commercial organic farming and agricultural activities, and the use of the residence as an ancillary use are consistent with the latest adopted General Plan and Zoning Code, which allows limited commercial agricultural uses with single-family residential as an accessory use to support the commercial activities. The proposed commercial organic farming and agricultural activities, and ancillary use of the residence will be consistent with the Land Use Element because it promotes maintenance of a healthy and diversified community. The use is consistent with the Industrial zoning designation and compatible with other surrounding uses. The Applicant will be required to demonstrate and provide legal and physical access to the site prior to initiating onsite activities. d. Conditions necessary to secure the purposes of this chapter are made a part of the conditional use permit. BE IT FURTHER RESOLVED that, based on the forgoing, Conditional Use Permit 18- 03 and Environmental 18-07 are hereby approved subject to the following conditions: 1. Conditional Use Permit 18-03 is approved to conduct commercial organic farming and agricultural activities, and occupy an existing residence as an ancillary use on a 5-acre lot located at 21712 Vivienda Avenue. This approval is granted based on the application materials submitted by Jeffrey McConnell on July 10, 2018, including revised project plans received June 4, 2019. This approval includes conducting farming of organic vegetables and fruit trees products to be sold at Farmers Markets. The existing residence will be occupied as an ancillary Attachment: PC Resolution8.29.2019 \[Revision 3\] (CUP 18-03 and E 18-07) use to the farming activities and the existing barn will be used as storage for tractors, farming equipment, animal feed, and hay. The activities also include the use of hoop houses/caterpillar tunnels over plots that can be disassembled and Attachment: Agenda - Thursday, September 5, 2019 - Staff Report (CUP 18-03 and E 18-07) reassembled on a rotational basis, and small farm animals. The application materials are approved as submitted and conditioned herein and shall not be further altered except as modified by these conditions of approval, and unless reviewed and approved by the affected departments. th 2. If not appealed, this approval shall become effective on the eleventh (11) day Page 3 of 8 Packet Pg. 56Packet Pg. 41 C.3.aA.1.e thth day following such eleventh (11) day when the eleventh (11) day is not a city business day. This approval shall expire twelve (12) months from the date of adoption of this resolution unless building permits have been issued and a substantial investment in reliance of those permits has occurred; all conditions of approval have been met; or a time extension has been granted by the City, in accordance with Chapter 18.63 of the Zoning Code. Time extensions shall be filed at least sixty (60) days prior to the expiration date. 3. Minor modifications to this approval which are determined by the Planning and Development Services Director to be in substantial conformance with the approved site plan, and which do not intensify or change the use or require any deviations from adopted standards, may be approved by the Planning and Development Services Director upon submittal of an application and the required fee. 4. The applicant shall defend, indemnify, and hold harmless the City of Grand Terrace and its officers, employees, and agents from and against any claim, action, or proceeding against the City of Grand Terrace, its officers, employees, or agents to attack, set aside, void, or annul any approval or condition of approval of the City of Grand Terrace concerning this project, including but not limited to any approval or condition of approval of the Planning Commission, or Planning and Development Services Director. The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officers, employees, and agents in the defense of the matter. 5. Upon approval of these conditions and prior to becoming final and binding, the and content shall be prepared by the Planning and Development Services Department. 6. In the event that exhibits, and written conditions are inconsistent, the written conditions shall prevail. 7. Operational activities associated with the project shall comply with the Attachment: PC Resolution8.29.2019 \[Revision 3\] (CUP 18-03 and E 18-07) Municipal Code. Attachment: Agenda - Thursday, September 5, 2019 - Staff Report (CUP 18-03 and E 18-07) 8. The applicant shall comply with all applicable Federal, State, County and Local Codes, at all times. 9. The Applicant shall obtain legal and physical access across adjacent properties to the public roadway, which may include Railroad Access Road or utilize the . The document(s) recording the road access easement shall be prepared by the applicant for review and approval by Page 4 of 8 Packet Pg. 57Packet Pg. 42 C.3.aA.1.e the City Engineer prior to recordation. The Vivienda Avenue legal access improvements shall be determined and reviewed by the City Engineer. 10. Access rights shall be granted to the City for the purpose of allowing access over private drives within the development for all City vehicles, including police, fire, and other emergency vehicles. The document(s) recording this access shall be prepared by the applicant for review and approval by the City Engineer, prior to recordation. 11. Prior to the issuance of a Certificate of Occupancy by the Building and Safety Division, the applicant shall comply with Conditions of Approval No. 9 & 10 and provide to the City a recorded copy of the access easement, if applicable. 12. (New) Prior to the initiation of any commercial farming and agricultural activities, the applicant shall comply with Conditions of Approval No. 9 & 10 and provide to the City a recorded copy of the access easement, if applicable. 13. (New) Prior to occupying the ancillary residence, the applicant shall initiate the commercial farming and agricultural uses, pursuant to Condition of Approval No. 12 and obtain a Certificate of Occupancy by the Building and Safety Division. 14. The applicant shall obtain a Business License from the Finance Division and shall be renewed annually for as long as the business remains in operation. 15. The applicant shall comply with all requirements of the City of Grand Terrace Building and Safety Division, including the conditions of approval contained in the emorandum dated May 1, 2019, attached hereto as Exhibit 1. 16. The applicant shall comply with all requirements of the City of Grand Terrace Public Works Director, including the conditions of approval contained in the emorandum dated July 24, 2019, Revised August 5, 2019, Revised August 29, 2019, attached hereto as Exhibit 2. 17. The applicant shall comply with all requirements of the San Bernardino County Fire Department, Office of the Fire Marshal Community Safety Division, including the conditions of approval contained in their Permit Number: F201900093 dated Attachment: PC Resolution8.29.2019 \[Revision 3\] (CUP 18-03 and E 18-07) June 17, 2019, attached hereto as Exhibit 3. 18. Prior to the issuance of a Certificate of Occupancy by the Building and Safety Attachment: Agenda - Thursday, September 5, 2019 - Staff Report (CUP 18-03 and E 18-07) Division, the applicant shall provide a will service letter and obtain all requisite permits and clearances from Riverside Highland Water Company (RHWCO). 19. Prior to obtaining clearances form the San Bernardino County Fire Department, Office of the Fire Marshal Community Safety Division and clearances from the Riverside Highland Water Company (RHWCO), Conditions of Approval No. 9 & 10 shall be completed. Page 5 of 8 Packet Pg. 58Packet Pg. 43 C.3.aA.1.e 20. Prior to the issuance of a Certificate of Occupancy by the Building and Safety Division, the applicant shall provide clearances from the Santa Ana Regional Water Control Board and any other applicable agency, for the proposed septic tank and comply with all applicable requirements. A copy of the clearances for the septic tank shall be provided to the Building and Safety Division. 21. Prior to the issuance of a Certificate of Occupancy by the Building and Safety Division, the applicant shall obtain all requisite permits and clearances from the San Bernardino County Environmental Health Services. A copy of the clearances shall be provided to the Building and Safety Division. 22. The Applicant shall comply with all the requirements contained in Municipal Code, Chapter 18.56 AG-2 Agricultural-2 Overlay District. 23. The single-family residence shall be occupied as an ancillary use to the commercial agricultural use only; should the commercial agricultural farming activities cease for a period of sixty (60) days; use of the ancillary residence shall cease and its use vacated. 24. (Revised) The applicant shall comply with the California Restricted Materials Requirements by the State of California Department of Pesticide Regulation for Ground Water Protection Area. P prior to initiating the commercial farming and agricultural activities and prior to obtaining a Certificate of Occupancy by the Building and Safety Division. Copies of such clearances shall be provided to the Planning and Development Services Department and the Building and Safety Division. 25. The applicant shall comply with the National Pollutant Discharge Elimination System (NPDES). 26. (Revised) The Applicant shall comply with the requirements of the County of San Bernardino Department of Agriculture/Weights and Measures, including but not Certificate, registering for CDFA organic farming, and completing a CDFA Egg Handlers application, if required. Copies of such certificates shall be provided to Attachment: PC Resolution8.29.2019 \[Revision 3\] (CUP 18-03 and E 18-07) the Planning and Development Services Department and the Building and Safety Division prior to initiating the commercial farming and agricultural activities and prior to obtaining a Certificate of Occupancy by the Building and Safety Division. Attachment: Agenda - Thursday, September 5, 2019 - Staff Report (CUP 18-03 and E 18-07) 27. The proposed caterpillar tunnels and hoop houses shall maintain a twenty (20) foot setback from the property lines and shall not exceed ten feet in height. 28. All animals, excepting household pets, shall be kept at a minimum distance of seventy (70) feet from any structure or area used for human habitation or public assembly on adjoining property. Page 6 of 8 Packet Pg. 59Packet Pg. 44 C.3.aA.1.e 29. The combined total number of animals kept on the site shall not exceed the maximum number and combination of animals allowable in Chapter 18.56 (AG-2 Agricultural-2 Overlay District), Table 18.56.030 of the Municipal Code. 30. The proposed 2,000 square foot metal barn for future development, located approximately twenty (20) feet south of the existing barn shall be reviewed and approved through an Administrative Conditional Use Permit. 31. The future water well shall be reviewed and approved by City Departments and agencies, including obtaining applications and clearances by San Bernardino County Environmental Health Services Department. A copy of such certificates shall be provided to the Planning and Development Services Division and the Building and Safety Division. 32. Any future changes in on-site activities, including the on-site sale of fruit and vegetables, produce, flowers, and other farming and agricultural products shall require submittal, review, and approval of a modified conditional use permit. 33. Any future development on the site, including alterations, conversions, remodels, and new structures shall require compliance with the Municipal Code and the Floodplain Ordinance. 34. Any alterations to the residence shall require connection to the public sanitary sewer system. 35. All ground mounted equipment, including backflow devices, shall be screened in a manner that does not impede traffic visibility. 36. The applicant shall be responsible for regular and ongoing upkeep and maintenance of the site. 37. All contractors shall acquire a valid City business license and be in compliance with all City codes. 38. The applicant shall obtain a sign permit prior to the installation of any signs. Attachment: PC Resolution8.29.2019 \[Revision 3\] (CUP 18-03 and E 18-07) Attachment: Agenda - Thursday, September 5, 2019 - Staff Report (CUP 18-03 and E 18-07) Page 7 of 8 Packet Pg. 60Packet Pg. 45 C.3.aA.1.e PASSED AND ADOPTED by the Planning Commission of the City of Grand Terrace, th California, at a public hearing held on the 5 day of September 2019. AYES: NOES: ABSENT: ABSTAIN: ATTEST: __________________________ __________________________ Debra L. Thomas Tom Comstock City Clerk Chairman Attachment: PC Resolution8.29.2019 \[Revision 3\] (CUP 18-03 and E 18-07) Attachment: Agenda - Thursday, September 5, 2019 - Staff Report (CUP 18-03 and E 18-07) Page 8 of 8 Packet Pg. 61Packet Pg. 46 C.3.bA.1.e EXHIBIT 1 Building and Safety Conditions of Approval Date: May 1, 2019 File No:Conditional Use Permit18-03& Environmental 18-07 Applicant: Jeffrey McConnell Address of Applicant:21758 Walnut Ave., Grand Terrace, CA 92313 Site Location:21712 Vivienda Avenue APN: 0275-191-02 Provide four (4)sets of construction plans and documentation for plan review of the proposed project. Below you will find a list of the plans and documents Building and Safety will need forplan review. The initialplan review will take approximately two weeks on most projects. Provide the following sets of plans and documents. Building and Safety submittalsrequired at first plan review. (4)Plot/Site Plans (Indicating allexisting structures and setback from property lines) (4)Electrical Plans (Anyreplaced or new outdoor electrical) (4) Plumbing Plans/Isometrics, Water, Sewer and Gas(Any new irrigation,backflow devices, or additional waterlines) Building & Safety General Information All structures shall be designed in accordance with the2016 California Building Code, 2016 California Mechanical Code, 2016 California Plumbing Code, and the 2016 California Electrical Code, 2016 Residential Code and the 2016 California Green Buildings Standards Attachment: Exhibits to Resolution, Revised_8.29.2019 (CUP 18-03 and E 18-07) adopted by the State of California. Note if a new code has been adopted priorto the submittal, then all structures shall be designed to the current model code year. Attachment: Agenda - Thursday, September 5, 2019 - Staff Report (CUP 18-03 and E 18-07) The Developer/Owner is responsible for the coordination of the final occupancy. The Developer/Owner shall obtain clearances from each department and division prior to requesting a final building inspection from Building & Safety. Each agency shall signthe bottom of the Building & Safety Job Card. Packet Pg. 62Packet Pg. 47 C.3.bA.1.e CUP 18-03, E 18-07 Page 2 B uilding & Safety inspection requests can be made twenty-four(24) hours in advance for next day inspection. Please contact 909-825-3825. You may also request inspections at the Building & Safety public counter. All construction sites must be protected by a security fenceand screening. The fencing and screening shall be maintained at all times to protect pedestrians. Temporary toilet facilities shall be provided for construction workers.The toilet facilities shall be maintained in a sanitary condition. Construction toilet facilities of the non sewer type shall conform toANSI ZA.3. Construction projects which require temporary electrical power shall obtain an Electrical Permit from Building & Safety. No temporary electrical power will be granted to a project unless one of the following items isin place and approved by Building & Safety and the Planning Department. (A )Installation of a construction trailer, or, (B)Security fenced area where the electrical power will be located. S eparate plan submittals and permits are required for all accessory structures; example would bepatios, block walls, and storage buildings. Pursuant to the California Business and Professions Code Section 6737, most projects are required to be designed by a California Licensed Architect or Engineer. The project owner or developer should review the section of the California Codes and comply with the regulation. Building & SafetyConditions 1.Owner must apply for Certificate of Occupancy for the residence located on the property, due to the farmingand agriculturalactivities required by AG-2 zoning. 2.All on site utilities shall be underground to the new proposed structureunless prior approval has been obtained by the utility company or the City. Attachment: Exhibits to Resolution, Revised_8.29.2019 (CUP 18-03 and E 18-07) 3.Prior to issuanceof Building Permits, on site water service shall be installedand approvedby the responsible agency. On site fire hydrants shall be approved by Attachment: Agenda - Thursday, September 5, 2019 - Staff Report (CUP 18-03 and E 18-07) the Fire Department. No flammable materials will be allowed on the site until the fire hydrants are established and approved. Packet Pg. 63Packet Pg. 48 C.3.bA.1.e Public Works Conditions Date: July 24, 2019, rev August 5, 2019, rev August 29, 2019 A pplicant:Jeffrey McConnell Address of Applicant: 21758 Walnut Ave,Grand Terrace, CA 92313 Site Location: 21712 Vivienda Ave, Conditional Use Permit No.18-03 Site &Arch. Review 18-03, and Environmental 18-07, proposed farming and residentialuse. Provided documents for review of the proposed project as follows: (1)Major Permit Application (2)Environmental Application (3)Letter of Intent (4)Grant Deed (5)Title Report (6)APN Maps (7)Existing House Floor Plan (8)Building Setback Map (9)Grading Plan (If applicable) All work performed in the public right of way shall comply with the San Bernardino County Public Works Standards or standards approved by the Public Works Director. Conditions: 1.Applicant is required to provide legal access to the propertyprior to the issuance of any Attachment: Exhibits to Resolution, Revised_8.29.2019 (CUP 18-03 and E 18-07) certificates of occupancy.Applicant shall provide legal access to the property in at least one of the following ways: Attachment: Agenda - Thursday, September 5, 2019 - Staff Report (CUP 18-03 and E 18-07) An easement/license or other acceptable recorded documentfrom property owner to the north, APN 0275-190-30, to allow use of the 20’ access easement westerly to Terrace Aveis required prior to issuance of certificate of occupancy. As an alternativeto the above, an easement/license or other acceptable recorded document from the owner of APN 0275-190-03, to allowa20’ access easement westerly to Terrace Ave. Packet Pg. 64Packet Pg. 49 C.3.bA.1.e Page 2 s an additional alternative, ifthe applicant must Atakesaccess from the existing legal access on the lot frontage off Vivienda,which is dedicated to the public and accepted., the applicant shall This alternative will require construct a driveway constructionand an approach, as approved by the Public Works Director. 2.The applicant will be required tosubmit service request for water serviceto the Riverside Highland Water Company. Applicant shall pay all plan review fees and permit fees for the water review to Riverside Highland Water Company. Please provide a written “Will Serve” letter to the City of Grand Terrace before any permits are issued. 3.Prior tooccupancy release, the applicant shall submit proposed water plans for fire hydrants or acceptable alternative to the County of San Bernardino Fire Department for plan review. Applicant shall pay all plan review fees and permit fees for the fire hydrant system review to the County of San Bernardino Fire Department. 4.Monumentation: If any activity on this project disturbs anysurvey monuments, the disturbed monumnetation shall be located andreferenced by or under the direction of a licensed land surveyor or a registered civil engineer authorized to practice land surveying prior to commencement of any activity with the potential to disturb the monumnetation, and a corner record or record of survey of the references shall be filled with the County. 5.All existing and proposed easements must be shown any required improvement plans. Conditions at time of Building Permit 6.All fronting overhead utilities shall be underground in the road right-of-way. 7.The applicant shall dedicate right of way and/or construct all missing or damaged public improvements. The missing or damaged public improvements shall include, but are not limited to, pavement, curb, gutter, sidewalk, driveway approach, and streetlights as directed by the Public Works Department. 8.Minimum driveway grades shall be consistent with San Bernardino County Standard 131. Riverside County Standard driveway approach can also be used. Attachment: Exhibits to Resolution, Revised_8.29.2019 (CUP 18-03 and E 18-07) Attachment: Agenda - Thursday, September 5, 2019 - Staff Report (CUP 18-03 and E 18-07) Packet Pg. 65Packet Pg. 50 C.3.bA.1.e Attachment: Exhibits to Resolution, Revised_8.29.2019 (CUP 18-03 and E 18-07) Attachment: Agenda - Thursday, September 5, 2019 - Staff Report (CUP 18-03 and E 18-07) Packet Pg. 66Packet Pg. 51 C.3.bA.1.e Attachment: Exhibits to Resolution, Revised_8.29.2019 (CUP 18-03 and E 18-07) Attachment: Agenda - Thursday, September 5, 2019 - Staff Report (CUP 18-03 and E 18-07) Packet Pg. 67Packet Pg. 52 C.3.bA.1.e Attachment: Exhibits to Resolution, Revised_8.29.2019 (CUP 18-03 and E 18-07) Attachment: Agenda - Thursday, September 5, 2019 - Staff Report (CUP 18-03 and E 18-07) Packet Pg. 68Packet Pg. 53 This page left intentionally blank. C.3.cA.1.e CITY OF GRAND TERRACE NOTICE OF EXEMPTION TO: Clerk of the Board of Supervisors FROM: Planning and Development County of San Bernardino Services Department nd 385 N. Arrowhead Avenue, 2 Floor City of Grand Terrace San Bernardino, CA 92415-0130 22795 Barton Road Grand Terrace, CA 92313 Project Title: Conditional Use Permit 18-03 and Environmental 18-07 Project Location Specific: The project is located at 21712 Vivienda Avenue, (APN: 0275- 191-02) Description of Project: Proposing to conduct commercial organic farming, agricultural activities, and the ancillary use of a residence, on a five-acre lot. The existing 1,325 square feet residence will be occupied as an ancillary use to the farming activities and the existing 2,400 square foot barn will be used as storage for tractors, farming equipment, animal feed, and hay. The proposed activities include growing organic vegetables and fruit trees. The farming activities will include the use of hoop houses/caterpillar tunnels and the produce will be transported to be sold at farmers markets. The applicant is proposing to have small farm animals such as chicken and sheep. Name of Public Agency Approving Project: Grand Terrace Planning Commission Name of Person or Agency Carrying out Project: Jeffrey McConnell Exempt Status: California Code of Regulations, Title 14, Section 15332, which exempts infill projects that are consistent with the general plan designation and zoning regulations. Reasons Why Project is Exempt: Section 15332 of the California Environmental Quality Act (CEQA) Guidelines. This section exempts infill projects that (a) are consistent with the general plan designation and zoning regulations; (b) the development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses; (c) the site has no value as habitat for endangered, rare or threatened species; (d) approval of the Attachment: CUP 18-03_Notice of Exemption_8.13.2019 (CUP 18-03 and E 18-07) project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and (e) the site can be adequately served by all required utilities and public service Attachment: Agenda - Thursday, September 5, 2019 - Staff Report (CUP 18-03 and E 18-07) Lead Agency or Contact Person: Area Code/Telephone (909) 824-6621 ______________________________ _________________ Haide Aguirre Date Assistant Planner C:\\users\\cfortune\\appdata\\roaming\\iqm2\\minutetraq\\grandterracecityca@grandterracecityca.iqm2.com\\work\\attachments\\5637.doc 22795 Barton Road, Grand Terrace, California, 92313-5295 909/824-6621 Fax 909/783-2600 Packet Pg. 69Packet Pg. 54 C.3.dA.1.e Attachment: Letter of Intent June 1 signed (CUP 18-03 and E 18-07) Attachment: Agenda - Thursday, September 5, 2019 - Staff Report (CUP 18-03 and E 18-07) Packet Pg. 70Packet Pg. 55 C.3.eA.1.e Attachment: Letter from Applicant Regarding Access (CUP 18-03 and E 18-07) Attachment: Agenda - Thursday, September 5, 2019 - Staff Report (CUP 18-03 and E 18-07) Packet Pg. 71Packet Pg. 56 C.3.eA.1.e Attachment: Letter from Applicant Regarding Access (CUP 18-03 and E 18-07) Attachment: Agenda - Thursday, September 5, 2019 - Staff Report (CUP 18-03 and E 18-07) Packet Pg. 72Packet Pg. 57 A.1.eC.3.f Attachment: Site Plan & Aerial View (CUP 18-03 and E 18-07) Attachment: Agenda - Thursday, September 5, 2019 - Staff Report (CUP 18-03 and E 18-07) Packet Pg. 73Packet Pg. 58 A.1.eC.3.f Attachment: Site Plan & Aerial View (CUP 18-03 and E 18-07) Attachment: Agenda - Thursday, September 5, 2019 - Staff Report (CUP 18-03 and E 18-07) Packet Pg. 74Packet Pg. 59 C.3.gA.1.e Attachment: Site Images (CUP 18-03 and E 18-07) Attachment: Agenda - Thursday, September 5, 2019 - Staff Report (CUP 18-03 and E 18-07) Packet Pg. 75Packet Pg. 60 C.3.gA.1.e Attachment: Site Images (CUP 18-03 and E 18-07) Attachment: Agenda - Thursday, September 5, 2019 - Staff Report (CUP 18-03 and E 18-07) Packet Pg. 76Packet Pg. 61 C.3.hA.1.e Attachment: Information submitted with application (CUP 18-03 and E 18-07) Attachment: Agenda - Thursday, September 5, 2019 - Staff Report (CUP 18-03 and E 18-07) Packet Pg. 77Packet Pg. 62 C.3.hA.1.e Attachment: Information submitted with application (CUP 18-03 and E 18-07) Attachment: Agenda - Thursday, September 5, 2019 - Staff Report (CUP 18-03 and E 18-07) Packet Pg. 78Packet Pg. 63 C.3.hA.1.e Attachment: Information submitted with application (CUP 18-03 and E 18-07) Attachment: Agenda - Thursday, September 5, 2019 - Staff Report (CUP 18-03 and E 18-07) Packet Pg. 79Packet Pg. 64 A.1.eC.3.i Attachment: Petition submitted with application (CUP 18-03 and E 18-07) Attachment: Agenda - Thursday, September 5, 2019 - Staff Report (CUP 18-03 and E 18-07) Packet Pg. 81Packet Pg. 66 A.1.eC.3.i Attachment: Petition submitted with application (CUP 18-03 and E 18-07) Attachment: Agenda - Thursday, September 5, 2019 - Staff Report (CUP 18-03 and E 18-07) Packet Pg. 83Packet Pg. 68 A.1.eC.3.i Attachment: Petition submitted with application (CUP 18-03 and E 18-07) Attachment: Agenda - Thursday, September 5, 2019 - Staff Report (CUP 18-03 and E 18-07) Packet Pg. 85Packet Pg. 70 A.1.eC.3.i Attachment: Petition submitted with application (CUP 18-03 and E 18-07) Attachment: Agenda - Thursday, September 5, 2019 - Staff Report (CUP 18-03 and E 18-07) Packet Pg. 87Packet Pg. 72 A.1.eC.3.i Attachment: Petition submitted with application (CUP 18-03 and E 18-07) Attachment: Agenda - Thursday, September 5, 2019 - Staff Report (CUP 18-03 and E 18-07) Packet Pg. 89Packet Pg. 74 A.1.eC.3.i Attachment: Petition submitted with application (CUP 18-03 and E 18-07) Attachment: Agenda - Thursday, September 5, 2019 - Staff Report (CUP 18-03 and E 18-07) Packet Pg. 91Packet Pg. 76 A.1.eC.3.i Attachment: Petition submitted with application (CUP 18-03 and E 18-07) Attachment: Agenda - Thursday, September 5, 2019 - Staff Report (CUP 18-03 and E 18-07) Packet Pg. 93Packet Pg. 78 A.1.eC.3.i Attachment: Petition submitted with application (CUP 18-03 and E 18-07) Attachment: Agenda - Thursday, September 5, 2019 - Staff Report (CUP 18-03 and E 18-07) Packet Pg. 95Packet Pg. 80 A.1.eC.3.i Attachment: Petition submitted with application (CUP 18-03 and E 18-07) Attachment: Agenda - Thursday, September 5, 2019 - Staff Report (CUP 18-03 and E 18-07) Packet Pg. 97Packet Pg. 82 A.1.eC.3.j Attachment: Janet Rich, Road Access Easement (CUP 18-03 and E 18-07) Attachment: Agenda - Thursday, September 5, 2019 - Staff Report (CUP 18-03 and E 18-07) Packet Pg. 98Packet Pg. 83 A.1.eC.3.j Attachment: Janet Rich, Road Access Easement (CUP 18-03 and E 18-07) Attachment: Agenda - Thursday, September 5, 2019 - Staff Report (CUP 18-03 and E 18-07) Packet Pg. 99Packet Pg. 84 A.1.eC.3.j Attachment: Janet Rich, Road Access Easement (CUP 18-03 and E 18-07) Attachment: Agenda - Thursday, September 5, 2019 - Staff Report (CUP 18-03 and E 18-07) Packet Pg. 100Packet Pg. 85 A.1.eC.3.j Attachment: Janet Rich, Road Access Easement (CUP 18-03 and E 18-07) Attachment: Agenda - Thursday, September 5, 2019 - Staff Report (CUP 18-03 and E 18-07) Packet Pg. 101Packet Pg. 86 A.1.eC.3.j Attachment: Janet Rich, Road Access Easement (CUP 18-03 and E 18-07) Attachment: Agenda - Thursday, September 5, 2019 - Staff Report (CUP 18-03 and E 18-07) Packet Pg. 102Packet Pg. 87 A.1.eC.3.j Attachment: Janet Rich, Road Access Easement (CUP 18-03 and E 18-07) Attachment: Agenda - Thursday, September 5, 2019 - Staff Report (CUP 18-03 and E 18-07) Packet Pg. 103Packet Pg. 88 A.1.eC.3.j Attachment: Janet Rich, Road Access Easement (CUP 18-03 and E 18-07) Attachment: Agenda - Thursday, September 5, 2019 - Staff Report (CUP 18-03 and E 18-07) Packet Pg. 104Packet Pg. 89 A.1.eC.3.j Attachment: Janet Rich, Road Access Easement (CUP 18-03 and E 18-07) Attachment: Agenda - Thursday, September 5, 2019 - Staff Report (CUP 18-03 and E 18-07) Packet Pg. 105Packet Pg. 90 A.1.eC.3.j Attachment: Janet Rich, Road Access Easement (CUP 18-03 and E 18-07) Attachment: Agenda - Thursday, September 5, 2019 - Staff Report (CUP 18-03 and E 18-07) Packet Pg. 106Packet Pg. 91 A.1.eC.3.j Attachment: Janet Rich, Road Access Easement (CUP 18-03 and E 18-07) Attachment: Agenda - Thursday, September 5, 2019 - Staff Report (CUP 18-03 and E 18-07) A.1.eC.3.j Attachment: Janet Rich, Road Access Easement (CUP 18-03 and E 18-07) Attachment: Agenda - Thursday, September 5, 2019 - Staff Report (CUP 18-03 and E 18-07) C.3.kA.1.e Attachment: Varnes and Brandt Letter to the PC \[Revision 1\] (CUP 18-03 and E 18-07) Attachment: Agenda - Thursday, September 5, 2019 - Staff Report (CUP 18-03 and E 18-07) Packet Pg. 110Packet Pg. 95 C.3.kA.1.e Attachment: Varnes and Brandt Letter to the PC \[Revision 1\] (CUP 18-03 and E 18-07) Attachment: Agenda - Thursday, September 5, 2019 - Staff Report (CUP 18-03 and E 18-07) Packet Pg. 111Packet Pg. 96 A.1.eC.3.l Attachment: Agenda - Thursday, September 5, 2019 - Staff Report (CUP 18-03 and E 18-07) Attachment: Public Hearing Comment from Kim Stromwall (Email) (CUP 18-03 and E 18-07) Packet Pg. 112Packet Pg. 97 C.3.mA.1.e Good evening Commissioners and Chairman Comstock. My name is Becky Giroux. I live at 21891 Vivienda Ave. just around the corner from the property in question. I have been on that farm many times during the harvest of beautiful fruits and vegetables as have several residents, past and current City Representatives, local teachers etc. I was present the day of the first harvest along with 100 or so visitors. We were so excited to have this farm in our neighborhood. The children were allowed to pick their own pumpkins right from the pumpkin patch, residents were picking their watermelons and . It was the talk of the town. Many residents asked me what they could do to help keep it going and I asked them to sign a petition that was going to be provide to City Council. They were more than excited to do so. We collected hundreds of signatures and they all agree this is much needed. There were many ideas about the benefits to our community if this farm was going to happen Especially for our kids, seniors and the underserved in our community. It is so much more than just making a buck. An organic farm in any community betters our environment, provides a healthier selection of products to consume. There are many important benefits of organic farming: Organic Farming Maintains the quality of the soil It Fosters biodiversity in that it makes a haven for endangered species of plants, insects, birds and animals. Reduces pollution from nitrogen runoff as organic farming does not use synthetic fertilizers. It avoids the heavy pesticide and herbicide use you typically see in conventional farming. And lastly, organic farming stores more carbon in the soil offsetting carbon dioxide emissions. When you compare this potential productive property to the unkept, unproductive property on the corner, my vote is for the organic farm with residency. Attachment: Public Hearing Comment From Beck Giroux (CUP 18-03 and E 18-07) I am asking you Commissioner to please adopt the environmental exemption pursuant to Attachment: Agenda - Thursday, September 5, 2019 - Staff Report (CUP 18-03 and E 18-07) the California environmental quality act (CEQA) and approve conditional use permit 18-03 to allow the property owner to grow and sell organic fruits and vegetables, agricultural uses, and establish an ancillary residential use on the property located at 21712 Vivienda Ave. Grand Terrace. Our community will be better because of it. Thank you, Becky Giroux, 909 261-4833 Packet Pg. 113Packet Pg. 98 This page left intentionally blank. A.2 AGENDA REPORT MEETING DATE:October 24, 2019 TITLE:Zoning Code Amendment 19-02 to Amend Chapter 18.06 (Definitions) and Chapter 18.40 (M2 Industrial District) of the Zoning Code PRESENTED BY:Sandra Molina, Planning & Development Services Director RECOMMENDATION:1)Conduct a public hearing, and 2)Adopt A RESOLUTIONOF THE PLANNING COMMISSION OF THE CITY OF GRAND TERRACE, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL MAKE A DETERMINATION THAT ZONING CODE AMENDMENT 19-02IS EXEMPT FROM CEQA PURSUANT TO CEQA GUIDELINES SECTION 15061(b)(3) AND RECOMMENDING THE CITY COUNCIL AMEND CHAPTER 18.06 (DEFINITIONS) AND CHAPTER 18.40 (M2 INDUSTRIAL DISTRICT) OF TITLE 18 (ZONING) OF THE GRAND TERRACE MUNICIPAL CODE PROPOSAL: Zoning Code Amendment 19-02 is a proposal to amend Title 18 of the Grand Terrace Municipal Code by amending Chapter 18.06 (Definitions) to revise the definition of contractor storage yard and Chapter 18.40 (Industrial District) to add outdoor contractor storage yard as a conditionally permitted use and revise site development standards related to setbacks. BACKGROUND: Last year, on March 1, 2018 and March 22, 2018, the Planning Commission conducted public hearings on Zoning Code Amendment (ZCA) 17-04, and an ordinance was ultimately adopted by the City Council approving the zoning amendments, by adopting Ordinance No. 319 (attached). ZCA 17-04 amended the Commercial Manufacturing (CM), Restricted Manufacturing (MR) and Industrial (M2) zone districts as they pertained to outdoor uses and storage in those zone districts. The amendment was changed to require a conditional use permit for uses that included outdoor uses and outdoor storage, including outdoor contractor storage yards and established development standards in those zone districts. ZCA17- adopted revisions. Packet Pg. 99 A.2 ANALYSIS: ZCA 19-02 is intended to clean up omissions in Ordinance No. 319 that were intended to be modified, and proposes a change to the definition of contractor storage yard. Clean up Revisions The Staff Report and Staff Presentation of Zoning Code Amendment 17-04 stated that permitted in the MR and M2 zone districts; whe storage yards would be principally permitted in those same districts. storage yards as a conditionally permitted use. The MR zone, which is a less intensive zone district does. This is an omission that needs to be corrected to meet the intent of the previously adopted ordinance. The correction would be to amend Section 18.40.030 The previous code amendment also established street side-yard setback standards of 15 feet, to include 5 feet of landscaping within the 15, feet in the CM and MR zone districts but was missed in the M2 zone district. This omission is also proposed to be corrected, by amending Section 18.40.050 (Site development standards) to reflect the corrected street side yard setback of 15 feet with 5 feet of landscaping. Staff is requesting that the Commission consider amending the definition of contractor storage yard (Section 18.06.182) as follows, storage yards operated by, or on behalf of, a contractor for storage of large equipment, vehicles, or other materials commonly used in the individual contractor's type of business; storage of scrap materials used for repair and maintenance of contractor's own equipment; and buildings or structures for The reason for this amendment is that the purpose of requiring a CUP for outdoor storage of contractor storage yards is that contractor yards will typically store their contractor material such as spools, scaffolding, cones, and accumulated scrap material outdoors and these can be unsightly. However, the definition, by including yards. As an example, a cable contractor that stores all its materials indoors but parks a CUP in all instances, as these vehicles can be parked in an orderly manner. ENVIRONMENTAL REVIEW: Packet Pg. 100 A.2 The ZCA 19-02is exempt from the California Environmental Quality Act (CEQA) pursuant to the Section 15061(b)(3) of Title 14 the California Code of Regulations because the revisions to this ordinance will not significantly impact traffic, noise, aesthetics, or any other environmental condition. PUBLIC NOTICE: Public notice was provided in accordance with state law by publishing a legal advertisement in the Grand Terrace City News and posting the hearing notice in three public places. CONCLUSION: Staff recommends that the Planning Commission conduct a public hearing and vote to recommend City Council determine that Zoning Code Amendment 19-02 is exempt from CEQA pursuant CEQA Guidelines Section 15061(b)(3) and to recommend approval of Zoning Code Amendment 19-02. ATTACHMENTS: PC Resolution_ZCA 19-02 (DOC) Ordinance 319 (PDF) APPROVALS: Sandra Molina Completed 10/16/2019 5:50 PM City Attorney Completed 10/17/2019 1:46 PM Sandra Molina Completed 10/17/2019 6:35 PM Planning Commission/Site And Architectural Review Board Pending 10/24/2019 6:30 PM Packet Pg. 101 A.2.a RESOLUTIONNO. 2019- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GRAND TERRACE, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL MAKE A DETERMINATION THAT ZONING CODE AMENDMENT 19-02 IS EXEMPT FROM CEQA PURSUANT TO CEQA GUIDELINES SECTION 15061(b)(3) AND RECOMMENDING THE CITY COUNCIL AMEND CHAPTER 18.06 (DEFINITIONS) AND CHAPTER 18.40 (M2 INDUSTRIAL DISTRICT) OF TITLE 18 (ZONING) OF THE GRAND TERRACE MUNICIPAL CODE WHEREAS, been amended from time to time; and WHEREAS, the City Council adopted a comprehensive General Plan on April 27, 2010, which contains a Land Use Element that includes Industrial and Floodplain Industrial land use designations; WHEREAS, the General Plan Industrial land use designation is intended those uses that can be made compatible with other surrounding uses within the City regarding noise, dust, odors, vibration, glare, air quality, traffic, aesthetics, and hazardous materials. Typical uses may include light manufacturing and assembly, small scale warehousing and distribution, research and development, and administrative and service types of uses. WHEREAS, Terrace Municipal Code) co. WHEREAS, pursuant to Sections 65800 and 65850 of the California Government Code, the City may adopt ordinances to regulate the use of buildings, structures, and land as between industry, business, residences, and open space, and other purposes; to regulate the location, height, bulk, number of stories and size of buildings and structures, the size and use of lots, yards, courts and other open spaces, the percentage of a lot which may be occupied by a building or structure, and the intensity of land use; and to establish requirements for off-street parking, in compliance with the California Government Code. WHEREAS, pursuant to the California Environmental Quality Act (hereinafter esources Code Sections 21000 et seq.) and State CEQA guidelines (Sections 15000 et seq.) the Ordinance is exempt pursuant to Section 15061(b)(3) of Title 14 the California Code of Regulations because the Attachment: PC Resolution_ZCA 19-02 \[Revision 1\] (Zoning Code Amendment 19-02 - Contractor Storage Yards) revisions to this ordinance establish regulations for uses that are consistent with the General Plan and Zoning Code; and Packet Pg. 102 A.2.a WHEREAS,on October 24, 2019, the Planning Commission of the City of Grand Terrace conducted a duly noticed public hearing at a special meeting of the Planning Commission on Zoning Code Amendment 19-02 at the Grand Terrace City Hall Council Chambers located 22795 Barton Road and concluded the hearing on that date. WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred. 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 and incorporated herein by this reference. 2. The Planning Commission hereby finds that the Project is not subject to environmental review pursuant to Section 15061(b)(3) of Title 14 the California Code of Regulations because the revisions are regulatory in nature and will not in themselves create impacts to the environment. 3. Based on substantial evidence presented to the Planning Commission during the public hearings, including public testimony, and written and oral staff reports, the Planning Commission specifically finds as follows with regard to Zoning Code Amendment 19-02: a. The proposed amendment will not be detrimental to the health, safety, morals, comfort or general welfare of the persons residing or working within the neighborhood of the proposed amendment or within the city or injurious to property because the amendment is consistent with Ordinance No. 319 which is intended to insure that outdoor uses and activities are properly regulated to mitigate impacts. b. The proposed amendment is consistent with the latest adopted general plan, because the proposed amendments conform and promote the Grand Terrace General Plan. 4. Based upon the above findings and determinations, this Commission hereby recommends that the City Council find the Project exempt from CEQA. 5. The Planning Commission hereby further recommends that the City Council amend Title 18 (Zoning) of the Grand Terrace Municipal Code, as follows: a. 18.06.182 (Contractor Storage Yard) of Chapter 18.06 (Definitions) is amended to read as follows: Attachment: PC Resolution_ZCA 19-02 \[Revision 1\] (Zoning Code Amendment 19-02 - Contractor Storage Yards) storage yards operated by, or on behalf of, a contractor for storage of large equipment, vehicles, or other Packet Pg. 103 A.2.a materials commonly used in the individual contractor's type of business; storage of scrap materials used for repair and maintenance of contractor's own equipment; and buildings or structures for uses such as offices and repair facilities. b. Section 18.40.030 (Conditionally Permitted Uses) of Chapter 18.40 (M2 Industrial District) is amended remaining are renumbered: D. Contractor Office and Storage yards, outdoor. c. Section 18.40.050 (Site Development Standards) of Chapter 18.40 (M2 Industrial District) is amended to read as follows: Site development standards in the M2 district are as follows: Development Issue Standard Lot Area 20,000 (Minimum square feet) Lot Width 70 (Minimum linear feet) Lot Depth 100 (Minimum linear feet) Street Frontage 70 (Minimum linear feet) Setbacks (Minimum linear feet) front yard landscape setback rear yard (except when adjacent to a lot in an R 0 District, then 25 feet, with 10 foot landscape setback) side yard (except when adjacent to a lot in an R 0 district, then 25 feet, with 10-foot landscape setback) 15, with street side yard landscape setback Height 35 (minimum linear feet) Attachment: PC Resolution_ZCA 19-02 \[Revision 1\] (Zoning Code Amendment 19-02 - Contractor Storage Yards) Lot Coverage (maximum percent, less the required parking, 100 setbacks, and landscaping) Packet Pg. 104 A.2.a PASSED AND ADOPTED by the Planning Commission of the City of Grand Terrace, th California, at a regular meeting held on the 24 day of October 2019. AYES: NOES: ABSENT: ABSTAIN: ATTEST: __________________________ __________________________ Debra L. Thomas, CMC Tom Comstock City Clerk Chairman Attachment: PC Resolution_ZCA 19-02 \[Revision 1\] (Zoning Code Amendment 19-02 - Contractor Storage Yards) Packet Pg. 105 This page left intentionally blank. A.2.b Attachment: Ordinance 319 (Zoning Code Amendment 19-02 - Contractor Storage Yards) Packet Pg. 106 A.2.b Attachment: Ordinance 319 (Zoning Code Amendment 19-02 - Contractor Storage Yards) Packet Pg. 107 A.2.b Attachment: Ordinance 319 (Zoning Code Amendment 19-02 - Contractor Storage Yards) Packet Pg. 108 A.2.b Attachment: Ordinance 319 (Zoning Code Amendment 19-02 - Contractor Storage Yards) Packet Pg. 109 A.2.b Attachment: Ordinance 319 (Zoning Code Amendment 19-02 - Contractor Storage Yards) Packet Pg. 110 A.2.b Attachment: Ordinance 319 (Zoning Code Amendment 19-02 - Contractor Storage Yards) Packet Pg. 111 A.2.b Attachment: Ordinance 319 (Zoning Code Amendment 19-02 - Contractor Storage Yards) Packet Pg. 112 A.2.b Attachment: Ordinance 319 (Zoning Code Amendment 19-02 - Contractor Storage Yards) Packet Pg. 113 A.2.b Attachment: Ordinance 319 (Zoning Code Amendment 19-02 - Contractor Storage Yards) Packet Pg. 114 A.2.b Attachment: Ordinance 319 (Zoning Code Amendment 19-02 - Contractor Storage Yards) Packet Pg. 115 A.2.b Attachment: Ordinance 319 (Zoning Code Amendment 19-02 - Contractor Storage Yards) Packet Pg. 116 A.2.b Attachment: Ordinance 319 (Zoning Code Amendment 19-02 - Contractor Storage Yards) Packet Pg. 117 A.2.b Attachment: Ordinance 319 (Zoning Code Amendment 19-02 - Contractor Storage Yards) Packet Pg. 118 A.2.b Attachment: Ordinance 319 (Zoning Code Amendment 19-02 - Contractor Storage Yards) Packet Pg. 119 A.2.b Attachment: Ordinance 319 (Zoning Code Amendment 19-02 - Contractor Storage Yards) Packet Pg. 120 A.2.b Attachment: Ordinance 319 (Zoning Code Amendment 19-02 - Contractor Storage Yards) Packet Pg. 121 A.2.b Attachment: Ordinance 319 (Zoning Code Amendment 19-02 - Contractor Storage Yards) Packet Pg. 122 A.2.b Attachment: Ordinance 319 (Zoning Code Amendment 19-02 - Contractor Storage Yards) Packet Pg. 123 A.2.b Attachment: Ordinance 319 (Zoning Code Amendment 19-02 - Contractor Storage Yards) Packet Pg. 124 A.2.b Attachment: Ordinance 319 (Zoning Code Amendment 19-02 - Contractor Storage Yards) Packet Pg. 125