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06-01-2017 CITY OF GRAND TERRACE PLANNING COMMISSION/SITE AND ARCHITECTURAL REVIEW BOARD AGENDA Council ChambersRegular Meeting6:30 PM The City of Grand Terrace complies with the Americans with Disabilities Act of 1990. If you require special assistance to participate in this meeting, please call the City Clerk's office at (909) 824-6621 at least 48 hours prior to the meeting. If you desire to address the Planning Commission during the meeting, please complete a Request to Speak Form available at the entrance and present it to the City Clerk. Any documents provided to a majority of the Planning Commission regarding any item on this agenda will be made available for public inspection in the City Clerk's office at City Hall located at 22795 Barton Road during normal business hours. In addition, such documents will be posted on the City's website at www.grandterrace- ca.gov<http://www.grandterrace-ca.gov CALL TO ORDER Convene the Meeting of the Planning Commission and Site and Architectural Review Board. Pledge of Allegiance. ROLL CALL Attendee NamePresentAbsentLateArrived Chairman Tom Comstock¨¨¨ Vice Chair Tara Ceseña¨¨¨ Commissioner Jeffrey Allen¨¨¨ Commissioner Edward A. Giroux¨¨¨ Commissioner Gregory A. Goatcher¨¨¨ APPROVAL OF AGENDA City of Grand TerracePage 1 AgendaGrand Terrace Planning Commission/Site and Architectural Review BoardJune 1, 2017 PUBLIC ADDRESS Public address to the Commission shall be limited to three minutes unless extended by the Chairman. Should you desire to make a longer presentation, please make written request to be agendized to the Director of Community Development Department. This is the opportunity for members of the public to comment on any items not appearing on the regular agenda. Because of restrictions contained in California Law, the Planning Commission may not discuss or act on any item not on the agenda, but may briefly respond to statements made or ask a question for clarification. The Chairman may also request a brief response from staff to questions raised during public comment or may request a matter be agendized for a future meeting. A.CONSENT CALENDAR 1. Approval of Minutes Regular Meeting 03/16/2017 DEPARTMENT: CITY CLERK B.PUBLIC HEARINGS 2. An Amendment to Title 18 of the Municipal Code Amending Section 18.73.060 of Chapter 18.73 of the Zoning Code Relating to the Dedication, Improvement and Maintenance of Public Improvements RECOMMENDATION: 1) Conduct a public hearing and 2) Adopt a RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GRAND TERRACE, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE TO REPEAL AND REPLACE SECTION 18.73.060 OF CHAPTER 18.73 (GENERAL REGULATIONS AND EXCEPTIONS) OF TITLE 18 (ZONING) RELATING TO THE DEDICATION, CONSTRUCTION AND MAINTENANCE OF PUBLIC IMPROVEMENTS DEPARTMENT: PLANNING & DEVELOPMENT SERVICES City of Grand Terrace Page 2 AgendaGrand Terrace Planning Commission/Site and Architectural Review BoardJune 1, 2017 C.INFORMATION TO COMMISSIONERS D.INFORMATION FROM COMMISSIONERS ADJOURN Adjourn to the next scheduled meeting of the Site and Architectural Review Board/Planning Commission to be held on June 15, 2017 at 6:30 p.m. fice no later than 14 calendar days preceding the meeting. City of Grand Terrace Page 3 A.1 CITY OF GRAND TERRACE PLANNING COMMISSION/SITE AND ARCHITECTURAL REVIEW BOARD MINUTES Council ChambersRegular Meeting6:30 PM The City of Grand Terrace complies with the Americans with Disabilities Act of 1990. If you require special assistance to participate in this meeting, please call the City Clerk's office at (909) 824-6621 at least 48 hours prior to the meeting. If you desire to address the Planning Commission during the meeting, please complete a Request to Speak Form available at the entrance and present it to the City Clerk. Any documents provided to a majority of the Planning Commission regarding any item on this agenda will be made available for public inspection in the City Clerk's office at City Hall located at 22795 Barton Road during normal business hours. In addition, such documents will be posted on the City's website at www.grandterrace- ca.gov<http://www.grandterrace-ca.gov CALL TO ORDER Chairman Comstock convened the Meeting of the Planning Commission and Site and Architectural Review Board at 6:30 P.M. Pledge of Allegiance was led by Commissioner Allen. Attendee NameTitleStatusArrived Tom ComstockChairmanPresent Tara CeseñaVice ChairAbsent Jeffrey AllenCommissionerPresent Edward A. GirouxCommissionerPresent Gregory A. GoatcherCommissionerAbsent APPROVALOF AGENDA 1.Motion: Motion RESULT:ADOPTED \[UNANIMOUS\] AYES:Tom Comstock, Jeffrey Allen, Edward A. Giroux ABSENT:Tara Ceseña, Gregory A. Goatcher PRESENTATIONS None PUBLIC ADDRESS There was no request to speak from the public. City of Grand TerracePage 1 Packet Pg. 4 A.1 MinutesGrand Terrace Planning Commission/Site and Architectural Review BoardMarch 16, 2017 A.CONSENT CALENDAR 2. Housing Element Annual Progress Reports for 2015 and 2016 1) ADOPT A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GRAND TERRACE, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE THE HOUSING ELEMENT ANNUAL PROGRESS REPORT FOR 2015 AND 2016 FOR THE CITY OF GRAND TERRACE. RESULT: APPROVED \[UNANIMOUS\] MOVER: Jeffrey Allen, Commissioner SECONDER: Edward A. Giroux, Commissioner AYES: Tom Comstock, Jeffrey Allen, Edward A. Giroux ABSENT: Tara Ceseña, Gregory A. Goatcher B.ACTION ITEMS None C.PUBLIC HEARINGS 1. Conduct a Hearing on Administrative Conditional Use Permit 05-07 Pursuant to Chapter 18.83, Conditional Use Permits of the Zoning Code to Consider Modification or Revocation of the Permit David Velder and Mercedes of CB Tires mentioned that the owner regrets that he could not attend the meeting and asked for more time to get the property cleaned up. Chairman Comstock asked if they were able to get their truck repaired. Mr. Velder replied that they had purchased another truck. Commissioner Allen asked how much progress they made removing their mountain of tires since the last meeting and how many they could guess are remaining. Mr. Velder replied that the City inspector noted that they had made a big dent. He believes there is less than 20,000 now. Commissioner Allen asked if they stopped accepting tires and for how long. Mr. Velder replied that yes, for a month now they have not been taking in tires. Minutes Acceptance: Minutes of Mar 16, 2017 6:30 PM (CONSENT CALENDAR) Chairman Comstock inquired that if the motion was continued to the next meeting would the tires be eliminated by then. David replied that he felt confident that could. 1) CONTINUE THE PUBLIC HEARING TO APRIL 6, 2017. City of Grand Terrace Page 2 Packet Pg. 5 A.1 MinutesGrand Terrace Planning Commission/Site and Architectural Review BoardMarch 16, 2017 RESULT: APPROVED \[UNANIMOUS\] MOVER: Tom Comstock, Chairman SECONDER: Edward A. Giroux, Commissioner AYES: Tom Comstock, Jeffrey Allen, Edward A. Giroux ABSENT: Tara Ceseña, Gregory A. Goatcher 2. Zoning Code Amendment 17-01, an Amendment Relating to Accessory Dwelling Units Director Molina presented the staff report for this item. Commissioner Allen inquired if a garage is converted to a dwelling unit would a replacement garage still be required within established setbacks. Director Molina replied yes. Commissioner Allen asked if the state requirements precluded the fire sprinkler requirement. Director Molina replied yes. Commissioner Allen expressed his concern about the number of properties in the city with multiple families on them and the parking problems that could be exacerbated by the enactment of this law. He also expressed concern about the number of housing units listed on Airbnb and inquired about charging the transient occupancy tax on Airbnb guests. Director Molina replied that the City currently does not have a transient occupancy tax but that she would bring it up with the City Manager. Chairman Comstock expressed concern over property owners turning their homes into hotels such as happened near Disneyland. He wanted to confirm that the second dwelling unit regulations required that the property owner live in either unit. Director Molina confirmed occupancy was a requirement and referenced packet page 36, Paragraph F. She also pointed out that on the next page that there is a covenant on the property which informs future property owners of the requirement. Minutes Acceptance: Minutes of Mar 16, 2017 6:30 PM (CONSENT CALENDAR) Chairman Comstock asked if there is an enforcement body that can enforce the requirements. Director Molina said that enforcement is conducted by Code Enforcement but the covenants themselves will be seen by anybody who gets a title report. Commissioner Giroux hypothetically inquired what if a property owner gets a job transfer for 3 years in Northern California so he rents out his primary dwelling unit and the secondary dwelling unit is already rented out. Can the City force the owner to sell City of Grand Terrace Page 3 Packet Pg. 6 A.1 MinutesGrand Terrace Planning Commission/Site and Architectural Review BoardMarch 16, 2017 their property? Director Molina replied that while the City cannot force the owner to sell his property, Code Enforcement can work to have that corrected. One of the options is to force the owner to remove the kitchen from the second dwelling unit. Commissioner Giroux asked if an owner converts his garage but does not have the setbacks to add an additional garage is he able, according to the statute, to build on top of his garage. Director Molina replied yes, he can. Commissioner Allen asked how many second dwelling units could be built on a property. Director Molina replied that only one second dwelling unit can be built, otherwise it's multifamily. Chairman Comstock inquired if multifamily would have to go through the Site and Architectural Review and permitting process. Director Molina replied yes, they would. Commissioner Allen asked if the accessory structure had to be attached to the primary dwelling unit. Director Molina replied no. Commissioner Allen then asked then if a property already contains a second dwelling unit can the owners still convert their garage to a dwelling unit. Director Molina replied no. Chairman Comstock asked if a carport can suffice for the parking requirement. Director Molina replied no, that an enclosed garage is required according to the code. Minutes Acceptance: Minutes of Mar 16, 2017 6:30 PM (CONSENT CALENDAR) Chairman Comstock replied that they recently allowed an awning or carport in lieu of a garage in multi-family units. Director Molina replied that yes, it is true of multi-family units but single family units still require a garage. Chairman Comstock commented that second dwelling units used to be called mother in law units because the City wanted to help families. He also commented that there must have been a lot of strings pulled at the state level to get the fire sprinkler requirements City of Grand Terrace Page 4 Packet Pg. 7 A.1 MinutesGrand Terrace Planning Commission/Site and Architectural Review BoardMarch 16, 2017 removed. Commissioner Allen asked if the second dwelling units would have any effect on property taxes for the owners. Director Molina replied that yes, any building permit pulled would show up at the county Commissioner Giroux asked if the state put out a public notice to the cities to allow cities to give input. City Attorney Bettenhausen replied that no, the state does not give notice. Resident Jeffrey McCullough asked: A. If you have an attached granny flat with no cooking facilities can you also build a detached accessory building for rent B. If school fees and public works review are required for accessory structures in excess of 500 sq. ft. C. Are properties with existing secondary dwelling units reclassified or grandfathered in D. Do secondary dwelling units require extra sewer and trash fees Director Molina replied A. Chairman Comstock commented that there appears to be some confusion about the wording granny flat, accessory structure and secondary dwelling unit City Attorney Bettenhausen commented that originally they were called granny flats and then later changed to secondary dwelling units and now are going to be called accessory structures. Chairman Comstock commented that in the absence of a clear answer they move on to the next question. B. Yes, any structures or additions would trigger school fees but no public works review because it is permitted ministerially. City Attorney Battenhausen commented that as part of the ministerial review they would look at any accessory structures as well for compliance. Minutes Acceptance: Minutes of Mar 16, 2017 6:30 PM (CONSENT CALENDAR) C. There is no grandfathering because it is permitted. Director Molina needs more time to research the matter but will report her answer at the next planning commission meeting. Recommended that the Commission move forward with adopting the ordinance to comply with state law. 1) CONDUCT A PUBLIC HEARING AND City of Grand Terrace Page 5 Packet Pg. 8 A.1 MinutesGrand Terrace Planning Commission/Site and Architectural Review BoardMarch 16, 2017 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 16- 03 IS EXEMPT, PURSUANT TO SECTION 15061(B)(3), FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND RECOMMENDING THE CITY COUNCIL AMEND CHAPTER 18.06 (DEFINITIONS), CHAPTER 18.63 (SITE AND ARCHITECTURAL REVIEW) AND CHAPTER 18.69 (SECOND FAMILY UNITS) OF TITLE 18 (ZONING) OF THE GRAND TERRACE MUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS RESULT: APPROVED \[UNANIMOUS\] MOVER: Jeffrey Allen, Commissioner SECONDER: Edward A. Giroux, Commissioner AYES: Tom Comstock, Jeffrey Allen, Edward A. Giroux ABSENT: Tara Ceseña, Gregory A. Goatcher D.INFORMATION TO COMMISSIONERS Director Molina commented that name badges have been created for the Planning Commission and that the City has created a Grand Terrace Community Guide. E. INFORMATION FROM COMMISSIONERS Commissioner Allen commented that the Commission got to attend training from the League of California Cities, learned a lot and thanked the City for the opportunity. Commissioner Giroux commented that the training would make them better commissioners. Chairman Comstock commented that there is industrial zoned land which is being considered for rezoning to agricultural uses. Director Molina replied that the 40-acre property and its zoning is being looked at by a consultant. Minutes Acceptance: Minutes of Mar 16, 2017 6:30 PM (CONSENT CALENDAR) Chairman Comstock inquired if the definition of agricultural zoning has changed. Director Molina replied that any change of the zoning code and map does require for it to be brought before the Planning Commission. Chairman Comstock asked if Caltrans has given a start date on the roundabout installation at the entrance to the city. City of Grand Terrace Page 6 Packet Pg. 9 A.1 MinutesGrand Terrace Planning Commission/Site and Architectural Review BoardMarch 16, 2017 Director Molina replied that Caltrans is in the process of awarding a contract to the contractor and they anticipate the ground breaking to be in the near future. Chairman Comst Director Molina replied they are clearing the property but that the grading permit is still in review. Commissioner Allen asked about the status of the Habitat for Humanity project. Director Molina replied that the project is currently in plan check. ADJOURN Adjourn to the next scheduled meeting of the Site and Architectural Review Board/Planning Commission to be held on April 6, 2017 at 6:30 p.m. _________________________________ _________________________________ Tom Comstock Sandra Molina Chairman of the Grand Terrace Planning Director of Planning and Development Minutes Acceptance: Minutes of Mar 16, 2017 6:30 PM (CONSENT CALENDAR) Commission Services Department City of Grand Terrace Page 7 Packet Pg. 10 B.2 AGENDA REPORT MEETING DATE:June 1, 2017 TITLE:An Amendment to Title 18 of the Municipal Code Amending Section 18.73.060 of Chapter 18.73 of the Zoning Code Relating to the Dedication, Improvement and Maintenance of Public Improvements PRESENTED BY:Sandra Molina, Planning & Development Services Director RECOMMENDATION:1)Conduct a public hearing and 2)Adopt a RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GRAND TERRACE, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE TO REPEAL AND REPLACE SECTION 18.73.060 OF CHAPTER 18.73 (GENERAL REGULATIONS AND EXCEPTIONS) OF TITLE 18 (ZONING) RELATING TO THE DEDICATION, CONSTRUCTION AND MAINTENANCE OF PUBLIC IMPROVEMENTS 2030 VISION STATEMENT: This reGrand Terrace is an exceptionally safe and well managed City, known for its natural beauty and recreational opportunities; a vibrant and diverse local economy; a place where residents enjoy an outstanding quality of life that fosters pride and an engaged community, encouraging families to come and remain for generations. BACKGROUND/DISCUSSION: Zoning Code Amendment 17-02 proposes to amend Chapter 18.73 General Regulations and Exceptions as it pertains to the dedication, construction and maintenance of public improvements. In 1981, Assessment District 89-1 was created at the same time as Tract 13364 was developed. The Assessment District was created for the maintenance of lighting and landscaping. Since then four other development projects have annexed into the Assessment District. The Assessment District assesses property owners within the Assessment District for the costs of maintenance and operation of street lights, water use and landscaping (irrigation and plant maintenance), and graffiti abatement. The Assessment District is a valuable tool for ensuring that maintenance and operating Packet Pg. 11 B.2 costs associated with street lights, parkway landscaping, and the like are absorbed by the property owners that are directly benefitted as opposed to those costs being paid by all taxpayers through the general fund. Although the Assessment District has established in 1981, it has been used sparingly; and only as recently as 2015 has the City been imposing the requirement to annex into the Assessment District for maintenance and operation of public improvements, as a condition of approval on new development. This requirement has been placed on both residential and non-residential projects. However, Staff believes that this requirement should be included in the zoning code, so that developers are aware of the requirement as they conduct their due diligence. The revision would repeal and replace Section 18.73.060, as follows: - Dedication, construction, and maintenance of public improvements. A. Dedication of land required for development of a public street or other public improvement as specified in the general plan, shall be required at the time of the subdivision of any land or, where no subdivision is involved, at the time of development. Such improvements shall be required as a condition of any subdivision, conditional use permit, variance or site and architectural review approval. B. Annexation into the existing landscape and lighting maintenance district shall be required at the time of the subdivision of any land or, where no subdivision is involved, at the time of development for the maintenance of public improvements. Public improvements shall include, but not be limited to street lights, street trees, and landscaping. Annexation into the landscape and lighting maintenance district shall be required as a condition of approval for a subdivision, conditional use permit or site and architectural review approval. C. The City may also require, at their discretion and as a condition of approval, that maintenance of perimeter improvements such as, but not limited to, block walls for graffiti removal and landscaping within setbacks or easements also be CONCLUSION Based on the findings and conclusion contained in the attached Resolution, staff recommends that the Planning Commission adopt the attached Resolution recommending City Council approval of Zoning Code Amendment 17-02. Packet Pg. 12 B.2 ATTACHMENTS: PC Resolution_ZCA 17-02 (DOC) APPROVALS: Sandra Molina Completed 05/25/2017 8:37 AM City Attorney Completed 05/25/2017 3:59 PM Sandra Molina Completed 05/25/2017 4:21 PM Planning Commission/Site And Architectural Review Board Pending 06/01/2017 6:30 PM Packet Pg. 13 B.2.a RESOLUTION NO. 2017- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GRAND TERRACE, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE TO REPEAL AND REPLACE SECTION 18.73.060 OF CHAPTER 18.73 (GENERAL REGULATIONS AND EXCEPTIONS) OF TITLE 18 (ZONING) RELATING TO THE DEDICATION, CONSTRUCTION AND MAINTENANCE OF PUBLIC IMPROVEMENTS 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; and WHEREAS, the Zoning Code contains provisions requiring the dedication and improvement of public improvements as a condition of development; and WHEREAS, the City Council has taken several actions to ensure that development pays for their share costs of development, including a deposit based fee Lighting Assessment District; and WHEREAS, the costs of maintenance and operation of public improvements, such as public utilities, street trees and parkway landscaping can be collected through assessment districts; WHEREAS, the cost of maintenance for certain onsite improvements, such as graffiti maintenance on perimeter block walls and landscaping within easements or Attachment: PC Resolution_ZCA 17-02 (2186 : Zoning Code Amendment 17-02) setbacks, can also be included in assessment districts; and WHEREAS, City desires to amend the Zoning Code so to clearly state that new deve lighting maintenance district; and WHEREAS, the Project is covered by the general rule (Section 15061(b)(3)) that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that Packet Pg. 14 B.2.a Page 2 of 4 the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The proposed regulations will not have a direct impact on the environment. WHEREAS, on June 1, 2017, the Planning Commission conducted a duly noticed public hearing at the City Council Chambers located at 22795 Barton Road, Grand Terrace, California, and concluded said hearing on that date; and 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. 2. Based on substantial evidence presented to the Planning Commission during the June 1, 2017, public hearing, including public testimony, and written and oral staff reports, the Planning Commission specifically finds as follows with regard to Zone Code Amendment 17-02: a. The Code 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 because the Zoning Code the amendment to require the maintenance and operation costs of certain public improvements properly places the responsibility on the beneficiaries of the project, as opposed to burdening the general fund. b. The Code Amendment will not be injurious to property or improvements in the neighborhood or within the city because it will not preclude the continued use and/or development of surrounding properties. c. The Code Amendment is consistent with and promotes the adopted General Plan, particularly Goal 2.1 and Attachment: PC Resolution_ZCA 17-02 (2186 : Zoning Code Amendment 17-02) maintenance of a healthy diversified community. Page 2 of 4 Packet Pg. 15 B.2.a Page 3 of 4 3. Based on the findings and conclusions set forth in paragraphs 1 and 2 above, this Commission hereby recommends that the City Council find the Project exempt from CEQA. 4. The Planning Commission hereby further recommends that the City Council repeal and replace Section 18.73.060 of Chapter 18.73 (General Standards) of Title 18 (Zoning), to read as follows: 18.73.060 Dedication, construction, and maintenance of public improvements. A. Dedication of land required for development of a public street or other public improvement as specified in the general plan, shall be required at the time of the subdivision of any land or, where no subdivision is involved, at the time of development. Such improvements shall be required as a condition of any subdivision, conditional use permit, variance or site and architectural review approval. B. Annexation into the existing landscape and lighting maintenance district shall be required at the time of the subdivision of any land or, where no subdivision is involved, at the time of development for the maintenance of public improvements. Public improvements shall include, but not be limited to street lights, street trees, and landscaping. Annexation into the landscape and lighting maintenance district shall be required as a condition of approval for a subdivision, conditional use permit or site and architectural review approval. C. The City may also require, at their discretion and as a condition of approval, that maintenance of perimeter improvements such as, but not limited to, block walls for graffiti removal and landscaping within setbacks or easements also be included with the landscape and lighting assessment district. 5. The City Clerk of the City of Grand Terrace shall certify to the adoption of this Resolution. Attachment: PC Resolution_ZCA 17-02 (2186 : Zoning Code Amendment 17-02) Page 3 of 4 Packet Pg. 16 B.2.a Page 4 of 4 PASSED AND ADOPTED by the Planning Commission of the City of Grand Terrace, st California, at a regular meeting held on the 1 day of June, 2017. AYES: NOES: ABSENT: ABSTAIN: ATTEST: __________________________ __________________________ Debra L. Thomas Tom Comstock City Clerk Chairman APPROVED AS TO FORM: __________________________ Baron J. Bettenhausen Assistant City Attorney Attachment: PC Resolution_ZCA 17-02 (2186 : Zoning Code Amendment 17-02) Page 4 of 4 Packet Pg. 17