09-15-2016
CITY OF GRAND TERRACE
PLANNING COMMISSION
AGENDA
Council ChambersRegular Meeting6:30 PM
The City of Grand Terrace complies with the Americans with Disabilities Act of 1990. If
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.
Speakers will be called upon by the Chairman at the appropriate time.
Any documents provided to a majority of the Planning Commission regarding any item
City Hall located at 22795 Barton Road during normal business hours. In addition, such
documents will be powww.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-Chairman Vacant
Commissioner Jeffrey Allen
Commissioner Tara Ceseña
Commissioner Edward A. Giroux
APPROVAL OF AGENDA
City of Grand TerracePage 1
AgendaGrand Terrace Planning CommissionSeptember 15, 2016
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.
B.PUBLIC HEARINGS
1. Zoning Code Amendment 16-03; an Ordinance Repealing and Replacing in Its Entirety
Chapter 18.91 (Marijuana Regulations) of Title 18 of the Grand Terrace Municipal 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
16-03 IS EXEMPT, PURSUANT TO SECTION 15061(b)(3), FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT AND RECOMMENDING THE
CITY COUNCIL AMEND THE GRAND TERRACE MUNICIPAL CODE BY
REPEALING AND REPLACING IN ITS ENTIRETY CHAPTER 18.91
(MARIJUANA REGULATIONS) OF TITLE 18 RELATING TO MARIJUANA
REGULATIONS
DEPARTMENT: PLANNING & DEVELOPMENT SERVICES
2. Zoning Code Amendment 15-02 and Specific Plan Amendment 15-01 Regulating
Smoke Shops and Tobacco Stores
RECOMMENDATION:
1. Conduct a public hearing and;
2. Adopt a RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
GRAND TERRACE RECOMMENDING THAT THE CITY COUNCIL OF THE
CITY OF GRAND TERRACE ADOPT AN ORDINANCE ADOPTING ZONE
CHANGE 15-02 TO AMEND CHAPTER 18.82 OF THE GRAND TERRACE
MUNICIPAL CODE AND SPECIFIC PLAN AMENDMENT 15-01 FOR THE
PURPOSE OF REGULATING SMOKE SHOPS AND TOBACCO STORES
DEPARTMENT: PLANNING & DEVELOPMENT SERVICES
City of Grand Terrace Page 2
AgendaGrand Terrace Planning CommissionSeptember 15, 2016
C.ACTION ITEMS
3. Findings of Conformance with Government Code Section 65402
RECOMMENDATION:
1. Adopt a RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
GRAND TERRACE, DETERMINING GENERAL PLAN CONFORMITY
PURSUANT TO GOVERNMENT CODE SECTION 65402 FOR THE
PROPOSED ACQUISITION OF APPROXIMATELY TWO ACRES LOCATED
AT 22273 BARTON ROAD
2. Adopt a RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
GRAND TERRACE, DETERMINING GENERAL PLAN CONFORMITY
PURSUANT TO GOVERNMENT CODE SECTION 65402 FOR THE
PROPOSED DISPOSITION OF APPROXIMATELY 0.90 ACRES LOCATED AT
THE SOUTHWEST CORNER OF COMMERCE WAY AND MICHIGAN STREET
(APN 1167-141-08)
3. Adopt a A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
GRAND TERRACE, DETERMINING GENERAL PLAN CONFORMITY
PURSUANT TO GOVERNMENT CODE SECTION 65402 FOR THE
PROPOSED DISPOSITION OF APPROXIMATELY TWO ACRES LOCATED
AT 22273 BARTON ROAD
DEPARTMENT: PLANNING & DEVELOPMENT SERVICES
4. Report on Code Compliance Activities for FY 2015-2016
RECOMMENDATION:
Receive and File the Report.
DEPARTMENT: PLANNING & DEVELOPMENT SERVICES
D.INFORMATION TO COMMISSIONERS
E. INFORMATION FROM COMMISSIONERS
City of Grand Terrace Page 3
AgendaGrand Terrace Planning CommissionSeptember 15, 2016
ADJOURN
Adjourn to the next scheduled meeting of the Site and Architectural Review
Board/Planning Commission to be held on October 6, 2016.
Agenda item requests must be submitted
than 14 calendar days preceding the meeting.
City of Grand Terrace Page 4
B.1
AGENDA REPORT
MEETING DATE:September 15, 2016
TITLE:Zoning Code Amendment 16-03; an Ordinance Repealing
and Replacing in Its Entirety Chapter 18.91 (Marijuana
Regulations) of Title 18 of the Grand Terrace Municipal
Code
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,
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 THE GRAND TERRACE
MUNICIPAL CODE BY REPEALING AND REPLACING IN
ITS ENTIRETY CHAPTER 18.91 (MARIJUANA
REGULATIONS) OF TITLE 18 RELATING TO
MARIJUANA REGULATIONS
2030 VISION STATEMENT:
This item promotes Our Mission: To preserve and protect our community and its
exceptional quality of life through thoughtful planning, within the constraints of fiscally
responsible government.
BACKGROUND:
the November 8, 2016 ballot. The Act has two primary components: (1) a right to non-
medical/recreational marijuana use, possession, and cultivation,and (2) a state
licensing and taxing scheme for non-medical/recreational marijuana businesses similar
to those licensed by the state under the Medical Marijuana Regulation and Safety Act
(MMRSA). The AUMA also reduces criminal penalties for specified marijuana crimes,
including possession and use of marijuana by minors. If approved by the voters at the
November 8, 2016 election, the AUMA would be effective immediately. The AUMA
gives cities and counties some authority to regulate and even ban some of these
activities, and although there is no deadline for cities and counties to adopt regulations
or bans, the City should quickly adopt an ordinance that would be in place by November
8, 2016 in order to prevent nonmedical outdoor marijuana cultivation and nonmedical
commercial cannabis activity from legally occurring within the City.
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posed by urban fires caused by sources within structures, and the land use element
recognizes the need for balanced growth of employment opportunities. The
recommended ordinance is consistent with these principles since unlicensed marijuana
cultivation, processing, and distribution could swell to disproportionate levels and cause
a substantial increase in the risk of urban fires.
Therefore, it is recommended that the Planning Commission recommend the City
Council adopt the attached ordinance adding nonmedical marijuana cultivation and
ing prohibition on medical
marijuana cultivation and commercial activity to be effective only if the Adult Use of
Marijuana Act is approved by the voters this November.
DISCUSSION:
Nonmedical/Recreational Use and Cultivation of Marijuana
The AUMA decriminalizes the possession, processing, transporting, purchasing,
obtaining or giving away of not more than 28.5 grams of marijuana or 8 grams of
marijuana in the form of concentrated by persons 21 years of age or older.It also
permits persons 21 years and older to cultivate up to 6 plants indoors or outdoors on the
grounds of a private residence; although, Health and Safety Code section 11362.2
added by the AUMA would limit the total number of plants grown at any one single
private residence (which is defined to include a house, apartment unit, mobile home, or
other similar dwelling) to no more than six (6) plants.
The AUMA specifically prohibits cities and counties from completely prohibiting indoor
cultivation for non-medical use, but allows cities and counties to completely ban
cultivation outdoors upon the grounds of a private residence. The AUMA also expressly
allows cities and counties to enact and enforce reasonable regulations to regulate the
indoor cultivation of marijuana for non-medical use.
Also of note, the AUMA prohibits smoking or ingesting marijuana or marijuana products
in the following places:
In any public place (unless inside a business that is authorized by state and local
law to allow use of marijuana on its premises);
In places where smoking tobacco is prohibited;
Within 1,000 feet of a school, day care center, or youth center while children are
present, except in or upon the grounds of a private residence or inside a
business that is authorized by state and local law to allow the use of marijuana
on its premises; and
While driving in, operating, or riding in a motor vehicle, boat, vessel, aircraft or
other vehicle.
The AUMA also allows cities, counties and public employers to maintain a drug and
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alcohol free workplace and to have policies prohibiting the use of marijuana by
employees and prospective employees. The City should therefore review its current
personnel policies related to the use of drugs and make sure marijuana use is
addressed.
City Authority to Regulate Nonmedical Use and Cultivation of Marijuana
The AUMA specifically allows cities to ban outdoor cultivation of non-medical marijuana
at private residences. Cities may also adopt reasonable regulations on the indoor
cultivation of non-medical marijuana.
However, since under AUMA, all persons over 21 years of age will be permitted to
cultivate marijuana inside their private residence (up to a total of 6 plants at a single
private residence), the City should amend its existing marijuana cultivation ordinance to
permit this activity to be effective only if AUMA passes.
Nonmedical Marijuana Businesses
The second primary component of the AUMA is a newly established state licensing and
regulation scheme for commercial non-medical marijuana businesses, similar to the
categories of businesses permitted under the MMRSA. The AUMA renames the Bureau
of Medical Marijuana Regulation the Bureau of Marijuana Control and charges them
with issuing licenses to marijuana-related retail, manufacturing, distribution, transport,
dispensary and delivery businesses catering to recreational users in addition to
licensing medical marijuana businesses. The Department of Food and Agriculture is
tasked with issuing licenses to non-medical marijuana cultivation businesses. The
AUMA requires all state licensing authorities to issue licenses by January 1, 2018.
The AUMA permits local jurisdictions to adopt and enforce local ordinances to regulate
recreational marijuana businesses, including local zoning and land use requirements,
business license requirements, and requirements related to reducing exposure to
second hand smoke. The AUMA also expressly authorizes cities and counties to
completely prohibit the establishment or operation of businesses within their
jurisdictions.
The AUMA imposes a 15% state tax on the retail sales of non-medical marijuana.
Funds from the tax will be used in part to fund research on the health effects of
marijuana. The AUMA does not prohibit local taxes of non-medical marijuana.
Also of note, under the AUMA non-medical marijuana businesses may not locate within
600 feet from schools, day care centers, or youth centers.
City Authority to Regulate Nonmedical Marijuana Businesses
The City may regulate or completely ban non-medical marijuana businesses. Since the
state will not begin licensing until January 1, 2018 under AUMA, there is adequate time
for the City to evaluate whether to ban or allow with regulations these types of
businesses. If the City determines to allow and regulate these types of businesses, staff
will develop draft regulations that are consistent with state law requirements. The City
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may also consider adopting a local tax on the sales of marijuana. If Grand Terrace
determines to ban non-medical marijuana businesses, staff can draft the appropriate
enactments.
recreational marijuana cultivation, and prohibits some but not all commercial cannabis
activity with respect to medical cannabis only, but the prohibition on recreational
nonmedical cultivation should be more explicit. Recreational commercial cannabis
activity is not currently prohibited by the municipal code, so if the AUMA passes this
November, recreational marijuana businesses could legally operate within the City if a
prohibition is not put in place before then. The public health and safety element of the
structures, and the land use element recognizes the need for balanced growth of
employment opportunities. The recommended ordinance is consistent with these
principles since unlicensed marijuana cultivation, processing, and distribution could
swell to disproportionate levels and cause a substantial increase in the risk of urban
fires.
Attached are the enactments necessary to comply with the General Plan and preserve
the status quo: an ordinance that will add nonmedical marijuana cultivation and
commercial activity to the existing ban on medical marijuana cultivation and activity. The
ordinance includes a provision that authorizes indoor recreational cultivation as
authorized by state law, to be effective only if AUMA passes and to be repealed
automatically if AUMA fails.
PUBLIC NOTICE:
Notice of the public hearing was published in the Grand Terrace City News and posted
in three public places in accordance with state law.
ENVIRONMENTAL REVIEW:
Pursuant to Section 15061(b)(3) of the Guidelines for Implementation of the California
Environmental Quality Act (CEQA) of 1970, as amended, the adoption of Zoning Code
Amendment 16-03 contemplated by the proposed ordinance is exempt from
environmental review as there is no possibility that the ordinance would have a
significant effect on the environment as the ordinance only proposes to establish
marijuana regulations.
CONCLUSION
Polls are showing that the AUMA has enough support to pass at the November 8, 2016
Commission should recommend adoption of an ordinance that would add nonmedical
marijuana cultivation and commercial activities to the existing ban on medical marijuana
cultivation and activities to be effective in the event that AUMA passes this November.
ATTACHMENTS:
PC Resolution_Code Amendment_Non Med Marijuana_9.6.2016(DOC)
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Exhibit 1 Ordinance AUMA MJ Regular Ban_9.6.2016 (DOCX)
APPROVALS:
Sandra Molina Completed 09/06/2016 9:17 AM
City Attorney Completed 09/08/2016 11:55 AM
Sandra Molina Completed 09/08/2016 1:11 PM
Planning Commission Pending 09/15/2016 6:30 PM
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B.1.a
RESOLUTION NO. 2016-
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 THE GRAND TERRACE MUNICIPAL CODE BY
REPEALING AND REPLACING IN ITS ENTIRETY CHAPTER 18.91
(MARIJUANA REGULATIONS) OF TITLE 18 RELATING TO MARIJUANA
REGULATIONS
THE PLANNING COMMISSION OF THE CITY OF GRAND TERRACE,
CALIFORNIA HEREBY FINDS, DETERMINES AND RESOLVES AS FOLLOWS:
SECTION 1. That on September 15, 2016, in compliance with the California
Environmental Quality Act (CEQA), the Planning Commission recommends a
determination that Zoning Code Amendment No. 16-03 constitutes a Categorical
Exemption under Section 15061(b)(3) of CEQA.
SECTION 2. The Planning Commission does hereby find, determine and
declare as follows:
WHEREAS, the City of Grand Terrace, pursuant to its police power, may adopt
regulations to protect the health, safety and welfare of the public, Cal. Const. art. XI, §
7, Cal. Govt. Code § 37100, and thereby is authorized to declare what use and
condition constitutes a public nuisance; and
WHEREAS, Government Code Section 38771 authorizes the City through its
legislative body to declare actions and activities that constitute a public nuisance; and
WHEREAS, in 1970, Congress enacted the Controlled Substances Act (21
U.S.C. Section 801 et seq.) which, among other things, makes it illegal to import,
manufacture, distribute, possess, or use marijuana for any purpose in the United States
and further provides criminal penalties for marijuana possession, cultivation and
distribution; and
WHEREAS, the People of the State of California have enacted Proposition 215,
the Compassionate Use Act of 1996 (codified at Health and Safety Code Section
caregivers from criminal prosecution under enumerated Health and Safety Code
sections for use of marijuana for medical purposes; and
Attachment: PC Resolution_Code Amendment_Non Med Marijuana_9.6.2016 (1999 : Zoning Code Amendment 16-03 Non Medical Marijuana
1
Packet Pg. 10
B.1.a
WHEREAS, the California Legislature enacted Senate Bill 420 in 2003, the
Medical Marijuana Program Act (codified at Health and Safety Code Section 11362.7 et
, which created a state-wide identification card scheme
for qualified patients and primary caregivers; and
WHEREAS, on October 11, 2015, the Governor signed into law Senate Bill 643,
Assembly Bill 266, and Assembly Bill 243, collectively referred to as the Medical
established a state licensing system for medical marijuana cultivation, manufacturing,
delivery, and dispensing, regulating these activities with licensing requirements and
regulations that are only applicable if cities and counties also permit marijuana
cultivation, manufacturing, dispensing, and delivery within their jurisdictions. Effective
June 27, 2016, SB 837 changed the name of the Medical Marijuana Regulation and
Under the
MCRSA, cities and counties may continue to regulate and/or prohibit medical marijuana
cultivation, manufacturing, dispensing, and delivery, consistent with their respective
police powers, in which case the new law would not allow or permit these activities
within the cities and counties where such activities are not otherwise permitted; and
WHEREAS, the City of Grand Terrace enacted Ordinance No. 288 in 2016,
which prohibited various types of uses related to medical marijuana; and
WHEREAS, on February 3, 2016, Assembly Bill 21 (Wood) was signed by the
Governor, amending provisions of MCRSA pertaining to cultivation licenses by
eliminating a March 1, 2016 deadline for local jurisdictions for the promulgation of
cultivation regulations or cultivation bans other local jurisdictions would lose the ability to
regulate to the State. Assembly Bill 21 also modified language in Health & Safety Code
section 11362.777(g), which pertained to exemptions from licensing requirements for
qualified patients and caregivers. The prior language, which specifically stated that local
governments retained the right to prohibit cultivation without exception, was revised to
state: equirements of this section does not limit or prevent a city,
county, or city and county from exercising its police authority under Section 7 of Article
WHEREAS, notwithstanding the CUA, the MMPA, and the MCRSA as amended,
marijuana remains a schedule I substance pursuant to California Health & Safety Code
§ 11054 (d) (13); and
WHEREAS, marijuana also remains a schedule I substance pursuant to federal
law, 21 U.S.C. § 812, Schedule 1 (c) (10), and federal law does not provide for any
medical use defense or exception (Gonzales v. Raich, 545 U.S. 1 (2005); United States
, 532 U.S. 483 (2001)); and
Attachment: PC Resolution_Code Amendment_Non Med Marijuana_9.6.2016 (1999 : Zoning Code Amendment 16-03 Non Medical Marijuana
2
Packet Pg. 11
B.1.a
WHEREAS, the California Supreme Court has established that neither the CUA
nor the MMPA preempt local regulation in the case of City of Riverside v. Inland Empire
Patients Health and Wellness Center, Inc., 56 Cal.4th 729 (2013); and
WHEREAS, the MMRSA expressly allows cities and counties to ban marijuana
cultivation consistent with current state law including the Maral v. City of Live Oak, 242
Cal.App.4th 940 (2013); and
WHEREAS, on November 8, 2016, the electorate of the State of California will
), to be codified in California Health and Safety Code at various
sections and in California Business and Professions Code at various sections. The
AUMA, if enacted, will allow adults 21 and over to use, possess, and cultivate limited
amounts of marijuana, establishes a state licensing and regulatory scheme for
marijuana businesses serving the recreational market; and will expressly allow local
jurisdictions to prohibit outdoor cultivation of marijuana for personal use, to regulate
indoor cultivation of marijuana for personal use, and to prohibit all non-medical and
recreational marijuana businesses from locating and operating within their jurisdictions;
and
WHEREAS, this Ordinance shall only become effective if Prop 64 is passed by a
majority of the electorate at the November 8, 2016 statewide election. If Prop 64
passes, this Ordinance shall become effective immediately, and the regulations
contained herein shall take full force and effect immediately. If Prop 64 does not pass,
then this Ordinance shall be automatically revoked on the date the official election
results of the State of California have been certified.
WHEREAS, possession of marijuana and concentrated marijuana is governed by
State law. California Health and Safety Code, Section 11357 sets forth the criminal
punishment or adjudication for possession of marijuana and concentrated cannabis in
violation of State law; and
WHEREAS, the City Council of the City of Grand Terrace finds that it is in the
interest of the health, safety and welfare of the City to make explicit that, to the extent
allowable under state law, all marijuana related use and activity of any kind as set forth
herein, whether medical, recreational, or otherwise, is prohibited everywhere in the City
and is a public nuisance per se, consistent with State law, and
WHEREAS, the City Council of the City of Grand Terrace finds and clarifies this
prohibition does not apply to prohibit qualified patients and persons with identification
cards to cultivate indoors, possess, and use marijuana for their own personal medical
purposes only, as permitted by state law; but that nothing herein shall be construed to
authorize qualified patients to engage in the collective cultivation of marijuana as
described by Health and Safety Code section 11362.775, nor are they permitted to
Attachment: PC Resolution_Code Amendment_Non Med Marijuana_9.6.2016 (1999 : Zoning Code Amendment 16-03 Non Medical Marijuana
3
Packet Pg. 12
B.1.a
cultivate marijuana above limits established by State law and guidelines for their own
personal use; and
WHEREAS, the City of Grand Terrace, pursuant to the provisions of the
fornia Public Resources Code
Sections 21000 et seq.) and State CEQA guidelines (Sections 15000 et seq.) has
determined that the Ordinance is exempt pursuant to Section 15061(b)(3) of Title 14 the
California Code of Regulations; and
WHEREAS, 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 or
improvements in the neighborhood or within the city.
WHEREAS, the proposed amendment is consistent with the latest adopted
general plan,
WHEREAS, the Planning Commission held a duly noticed public hearing on
Zoning Code Amendment No. 16-03 on September 15, 2016, and based on the public
testimony, staff analysis and advice of the City Attorney, the Planning Commission
determined that Zoning Code Amendment 16-03 is
Plan; and,
SECTION 3. Based upon the above findings and determinations, the Planning
Commission hereby recommends approval of Zoning Code Amendment 16-03 to the
City Council, as contained in attached Exhibit No. 1 of this resolution and incorporated
herein by reference.
SECTION 4. Should any section, subsection, clause or provision of this
Resolution for any reason be held to be invalid or unconstitutional, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of the remaining
portions of this Resolution, it being hereby expressly declared that this Resolution, and
each and every section, subsection, sentence, clause and phrase hereof would have
been prepared, proposed, approved, adopted and/or ratified irrespective of the fact that
any one or more section, subsections, sentences, clauses or phrases of this Resolution
be declared invalid or unconstitutional
SECTION 5. The Planning Commission Secretary will certify to the adoption of
this Resolution.
Attachment: PC Resolution_Code Amendment_Non Med Marijuana_9.6.2016 (1999 : Zoning Code Amendment 16-03 Non Medical Marijuana
4
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B.1.a
th
PASSED, APPROVED AND ADOPTED this 15 day of September, 2016.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
__________________________ __________________________
Pat Jacquez-Nares Tom Comstock
City Clerk Chairman
Attachment: PC Resolution_Code Amendment_Non Med Marijuana_9.6.2016 (1999 : Zoning Code Amendment 16-03 Non Medical Marijuana
5
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B.1.b
Exhibit 1
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GRAND TERRACE, CALIFORNIA, DETERMINING
THIS ORDINANCE IS EXEMPT, PURSUANT TO SECTION
15061(b)(3), FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT AND AMENDING THE GRAND TERRACE
MUNICIPAL CODE BY REPEALING AND REPLACING IN
ITS ENTIRETY CHAPTER 18.91 (MARIJUANA
REGULATIONS) OF TITLE 18 RELATING TO
MARIJUANA ACTIVITY.
WHEREAS, the City of Grand Terrace, pursuant to its police power, may adopt
regulations to protect the health, safety and welfare of the public, Cal. Const. art. XI, §
7, Cal. Govt. Code § 37100, and thereby is authorized to declare what use and
condition constitutes a public nuisance; and
WHEREAS, Government Code Section 38771 authorizes the City through its
legislative body to declare actions and activities that constitute a public nuisance; and
WHEREAS, in 1970, Congress enacted the Controlled Substances Act (21
U.S.C. Section 801 et seq.) which, among other things, makes it illegal to import,
manufacture, distribute, possess, or use marijuana for any purpose in the United States
and further provides criminal penalties for marijuana possession, cultivation and
distribution; and
WHEREAS, the People of the State of California have enacted Proposition 215,
the Compassionate Use Act of 1996 (codified at Health and Safety Code Section
caregivers from criminal prosecution under enumerated Health and Safety Code
sections for use of marijuana for medical purposes; and
WHEREAS, the California Legislature enacted Senate Bill 420 in 2003, the
Medical Marijuana Program Act (codified at Health and Safety Code Section 11362.7 et
seq.) -wide identification card scheme
for qualified patients and primary caregivers; and
WHEREAS, on October 11, 2015, the Governor signed into law Senate Bill 643,
Assembly Bill 266, and Assembly Bill 243, collectively referred to as the Medical
established a state licensing system for medical marijuana cultivation, manufacturing,
delivery, and dispensing, regulating these activities with licensing requirements and
regulations that are only applicable if cities and counties also permit marijuana
cultivation, manufacturing, dispensing, and delivery within their jurisdictions. Effective
June 27, 2016, SB 837 changed the name of the Medical Marijuana Regulation and
Under the
MCRSA, cities and counties may continue to regulate and/or prohibit medical marijuana
Attachment: Exhibit 1 Ordinance AUMA MJ Regular Ban_9.6.2016 (1999 : Zoning Code Amendment 16-03 Non Medical Marijuana Ordinance)
Packet Pg. 15
B.1.b
Exhibit 1
cultivation, manufacturing, dispensing, and delivery, consistent with their respective
police powers, in which case the new law would not allow or permit these activities
within the cities and counties where such activities are not otherwise permitted; and
WHEREAS, the City of Grand Terrace enacted Ordinance No. 288 in 2016,
which prohibited various types of uses related to medical marijuana; and
WHEREAS, on February 3, 2016, Assembly Bill 21 (Wood) was signed by the
Governor, amending provisions of MCRSA pertaining to cultivation licenses by
eliminating a March 1, 2016 deadline for local jurisdictions for the promulgation of
cultivation regulations or cultivation bans other local jurisdictions would lose the ability to
regulate to the State. Assembly Bill 21 also modified language in Health & Safety Code
section 11362.777(g), which pertained to exemptions from licensing requirements for
qualified patients and caregivers. The prior language, which specifically stated that local
governments retained the right to prohibit cultivation without exception, was revised to
state:
county, or city and county from exercising its police authority under Section 7 of Article
WHEREAS, notwithstanding the CUA, the MMPA, and the MCRSA as amended,
marijuana remains a schedule I substance pursuant to California Health & Safety Code
§ 11054 (d) (13); and
WHEREAS, marijuana also remains a schedule I substance pursuant to federal
law, 21 U.S.C. § 812, Schedule 1 (c) (10), and federal law does not provide for any
medical use defense or exception (Gonzales v. Raich, 545 U.S. 1 (2005); United States
, 532 U.S. 483 (2001)); and
WHEREAS, the California Supreme Court has established that neither the CUA
nor the MMPA preempt local regulation in the case of City of Riverside v. Inland Empire
Patients Health and Wellness Center, Inc., 56 Cal.4th 729 (2013); and
WHEREAS, the MMRSA expressly allows cities and counties to ban marijuana
cultivation consistent with current state law including the Maral v. City of Live Oak, 242
Cal.App.4th 940 (2013); and
WHEREAS, on November 8, 2016, the electorate of the State of California will
vote on Proposit
sections and in California Business and Professions Code at various sections. The
AUMA, if enacted, will allow adults 21 and over to use, possess, and cultivate limited
amounts of marijuana, establishes a state licensing and regulatory scheme for
marijuana businesses serving the recreational market; and will expressly allow local
jurisdictions to prohibit outdoor cultivation of marijuana for personal use, to regulate
indoor cultivation of marijuana for personal use, and to prohibit all non-medical and
recreational marijuana businesses from locating and operating within their jurisdictions;
and
Attachment: Exhibit 1 Ordinance AUMA MJ Regular Ban_9.6.2016 (1999 : Zoning Code Amendment 16-03 Non Medical Marijuana Ordinance)
Packet Pg. 16
B.1.b
Exhibit 1
WHEREAS, this Ordinance shall only become effective if Prop 64 is passed by a
majority of the electorate at the November 8, 2016 statewide election. If Prop 64
passes, this Ordinance shall become effective immediately, and the regulations
contained herein shall take full force and effect immediately. If Prop 64 does not pass,
then this Ordinance shall be automatically revoked on the date the official election
results of the State of California have been certified.
WHEREAS, possession of marijuana and concentrated marijuana is governed by
State law. California Health and Safety Code, Section 11357 sets forth the criminal
punishment or adjudication for possession of marijuana and concentrated cannabis in
violation of State law; and
WHEREAS, the City Council of the City of Grand Terrace finds that it is in the
interest of the health, safety and welfare of the City to make explicit that, to the extent
allowable under state law, all marijuana related use and activity of any kind as set forth
herein, whether medical, recreational, or otherwise, is prohibited everywhere in the City
and is a public nuisance per se, consistent with State law, and
WHEREAS, the City Council of the City of Grand Terrace finds and clarifies this
prohibition does not apply to prohibit qualified patients and persons with identification
cards to cultivate indoors, possess, and use marijuana for their own personal medical
purposes only, as permitted by state law; but that nothing herein shall be construed to
authorize qualified patients to engage in the collective cultivation of marijuana as
described by Health and Safety Code section 11362.775, nor are they permitted to
cultivate marijuana above limits established by State law and guidelines for their own
personal use; and
WHEREAS, the City of Grand Terrace, pursuant to the provisions of the
Sections 21000 et seq.) and State CEQA guidelines (Sections 15000 et seq.) has
determined that the Ordinance is exempt pursuant to Section 15061(b)(3) of Title 14 the
California Code of Regulations; and
WHEREAS, the City Council finds that the provisions of this Ordinance are
consistent with the City of Grand Terrace
WHEREAS, all legal prerequisites prior to the adoption of this ordinance have
occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Pursuant to the provisions of the California Environmental Quality
CEQA guidelines (Sections 15000 et seq.) this Ordinance is exempt pursuant to Section
15061(b)(3) of Title 14 the California Code of Regulations.
Attachment: Exhibit 1 Ordinance AUMA MJ Regular Ban_9.6.2016 (1999 : Zoning Code Amendment 16-03 Non Medical Marijuana Ordinance)
Packet Pg. 17
B.1.b
Exhibit 1
SECTION 2. Chapter 18.91 Marijuana Regulationsof Title 18 Zoning of the
Grand Terrace Municipal Code is repealed in its entirety and shall be replaced with the
following:
Chapter 18.91 Marijuana Regulations
Section 18.91.010 Purpose and findings.
The City Council of the City of Grand Terrace hereby finds and determines that it is the
purpose and intent of this chapter to prohibit medical and non-medical commercial
cannabis activity, including cultivation, possession, manufacture, processing, storing,
laboratory testing, labeling, transporting, distribution, and sale of non-medical cannabis
products and medical cannabis products within the meaning of California Business and
Professions Code Section 19300 et seq, and to prohibit personal marijuana cultivation
outdoors, to the extent permitted by state law, in order to promote the health, safety,
morals and general welfare of the residents and the businesses within the city.
Section 18.91.020 - Applicability.
A. Nothing in this chapter is intended, nor shall it be construed, to burden any
defense to criminal prosecution under the Compassionate Use Act.
B. All the provisions of this chapter shall apply to all property, public and private,
within the city.
C. All the provisions of this chapter shall apply indoors and outdoors.
D. Nothing in this chapter is intended, nor shall it be construed, to conflict with the
Medical Cannabis Regulation and Safety Act, the Adult Use of Marijuana Act, or
any other applicable state law.
Section 18.91.030 - Definitions.
A. cultivation, possession,
manufacture, processing, storing, laboratory testing, labeling, transporting,
distribution, or sale of marijuana and marijuana products, including medical and
non-medical marijuana, non-medical cannabis products and medical cannabis
products within the meaning of California Business and Professions Code
Section 19300 et seq.
A. "Marijuana" shall have the same definition as that set forth in California Health
and Safety Code Section 11018.
B. "Marijuana cultivation" shall mean the planting, growing, harvesting drying or
processing of marijuana plants or any part thereof for any purpose, including
medical marijuana and non-medical recreational marijuana, and shall include
both indoor and outdoor cultivation.
C. "Medical marijuana" shall mean marijuana used for medical purposes in
accordance with California Health and Safety Code section 11362.5.
Attachment: Exhibit 1 Ordinance AUMA MJ Regular Ban_9.6.2016 (1999 : Zoning Code Amendment 16-03 Non Medical Marijuana Ordinance)
Packet Pg. 18
B.1.b
Exhibit 1
F. "Operation" means any effort to locate, operate, own, lease, supply, allow to
be operated, or aid, abet or assist in the operation of commercial cannabis
activity.
G. "Person" means any person, firm, corporation, association, club, society, or
other organization. The term person shall include any owner, manager,
proprietor, employee, volunteer or salesperson.
18.91.040 Commercial cannabis activity prohibited
A. Commercial cannabis activity by any person, including primary caregivers,
qualified patients and dispensaries, is prohibited in all zoning districts within the
City of Grand Terrace.
B. Delivery of all marijuana and marijuana products, to locations within City,
whether for medical or non-medical use, is prohibited.
C. Outdoor marijuana cultivation by any person, including primary caregivers and
qualified patients, for any purpose including medical or non-medical
(recreational) purposes is prohibited in all zoning districts within the City of Grand
Terrace.
D. Cultivation of marijuana indoors, as authorized by state law, shall be permitted
within private residences by persons 21 years of age or older, provided that the
cultivation is conducted in compliance with state law. No person shall cultivate
more marijuana plants indoors than is expressly authorized by Health and Safety
Code section 11362.2.
Section 18.91.050 - Declaration of public nuisance.
Any use, structure, or property that is altered, enlarged, erected, established,
maintained, moved, or operated contrary to the provisions of this chapter, is
hereby declared to be unlawful and a public nuisance and may be abated by the
city through civil proceedings by means of a restraining order, preliminary or
permanent injunction, or in any other manner provided by law for the abatement
of such nuisances, including but not limited to the remedies provided for in
Section 18.45.050 of this code.
Section 18.91.060 - Violations.
A. Violations of this chapter shall be subject to administrative penalties pursuant
to Chapter 1.05 of this Code and other civil remedies as be available under state
and/or federal law.
B. This chapter is not the exclusive means for the abatement of illegal marijuana
businesses or activity within the city of Grand Terrace. The remedies set forth
pursuant to this section shall be in addition to any other existing remedies for
violations of the Zoning Code, including but not limited to, any action at law or
equity.
Attachment: Exhibit 1 Ordinance AUMA MJ Regular Ban_9.6.2016 (1999 : Zoning Code Amendment 16-03 Non Medical Marijuana Ordinance)
Packet Pg. 19
B.1.b
Exhibit 1
SECTION 3. Any provision of the Grand Terrace Municipal Code or appendices
thereto inconsistent with the provisions of the Ordinance, to the extent of such
inconsistencies and no further, are repealed or modified to that extent necessary to
affect the provisions of this Ordinance.
SECTION 4. If any section, subsection, sentence, clause, phrase, or portion of
this Ordinance is for any reason held to be invalid or unconstitutional by the decision of
any court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council of the City of Grand Terrace
hereby declares that it would have adopted this Ordinance and each section,
subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any
one or more sections, subsections, sentences, clauses, phrases, or portions be
declared invalid or unconstitutional.
SECTION 5. Severability. If any provision of this ordinance or the application
thereof to any person or circumstance is held invalid, the remainder of the ordinance
and the application of such provision to other persons or circumstances shall not be
affected thereby.
SECTION 6. The Mayor shall sign and the City Clerk shall attest to the passage
of this Ordinance. The City Clerk shall cause the same to be published once in the
official newspaper within 15 days after its adoption. This Ordinance shall become
effective 30 days from its adoption.
PASSED, APPROVED AND ADOPTED this ____ day of ____________, 2016.
ATTEST:
____________________________ ______________________________
Pat Jacquez-Nares Darcy McNaboe
City Clerk Mayor
Attachment: Exhibit 1 Ordinance AUMA MJ Regular Ban_9.6.2016 (1999 : Zoning Code Amendment 16-03 Non Medical Marijuana Ordinance)
Packet Pg. 20
B.1.b
Exhibit 1
I, Patricia Jacquez-Nares, City Clerk of the City of Grand Terrace, do hereby certify that
the foregoing Ordinance was introduced and adopted at a regular meeting of the City
Council of the City of Grand Terrace held on the ___ day of _______, 2016.
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
Pat Jaquez-Nares
City Clerk
Approved as to form:
___________________________________
Richard L. Adams, II
City Attorney
Attachment: Exhibit 1 Ordinance AUMA MJ Regular Ban_9.6.2016 (1999 : Zoning Code Amendment 16-03 Non Medical Marijuana Ordinance)
Packet Pg. 21
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B.2
AGENDA REPORT
MEETING DATE:September 15, 2016
TITLE:Zoning Code Amendment 15-02 and Specific Plan
Amendment 15-01 Regulating Smoke Shops and Tobacco
Stores
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
RECOMMENDING THAT THE CITY COUNCIL OF THE
CITY OF GRAND TERRACE ADOPT AN ORDINANCE
ADOPTING ZONE CHANGE 15-02 TO AMEND CHAPTER
18.82 OF THE GRAND TERRACE MUNICIPAL CODE AND
SPECIFIC PLAN AMENDMENT 15-01 FOR THE
PURPOSE OF REGULATING SMOKE SHOPS AND
TOBACCO STORES
2030 VISION STATEMENT:
To preserve and protect our community and its
Exceptional quality of life through thoughtful planning, within the constraints of fiscally
.
BACKGROUND:
This item was originally noticed for the July 21, 2016, Planning Commission meeting but
the meeting was cancelled because of a lack of a quorum.
Due to several inquiries regarding the establishment of smoke shops and vapor lounges
and inadequate zoning regulations to adequately address potential secondary impacts
related to such uses the City Council adopted an urgency ordinance establishing a
temporary moratorium, which was extended for a period of 22 months, and is set to
expire on September 23, 2016.
Tobacco retailers, electronic cigarette retailers and vapor lounges within the City
present unique challenges to local government because the Grand Terrace Municipal
Code does not, currently, define or regulate these types of land uses. Smoke shops are
permitted within certain zones of the Barton Road Specific Plan but are not otherwise
regulated. In the absence of specific standards and zoning regulations pertaining to
tobacco retailers, electronic cigarette retailers, smoke shops and vapor lounges, it is
Packet Pg. 22
B.2
difficult to mitigate the secondary impacts generated by these establishments..
Currently, there are two smoke shops in the City. They each sell conventional and non-
conventional tobacco products and devices. There are no vapor or hookah lounges.
DISCUSSION:
The following changes to the Zoning Code and Barton Road Specific Plan have been
identified to adequately regulate smoke shops, tobacco stores and related uses:
Amend the Zoning Code to determine permissible districts that would
permit smoke shops, electronic cigarettes retail stores, vapor and hookah
lounges; and, to establish development and operational standards.
Amend the Zoning Code to establish definitions for these uses.
Revision to the Zoning Code and Barton Road Specific Plan to determine
the permit and review process for these uses
Revise the Barton Road Specific Plan to determine permissible zone
district for such uses.
Revise the Barton Road Specific Plan to reference the Zoning Code for
operational development
regulating the above uses.
The proposed ordinance would allow for the establishment of smoke shops and tobacco
stores in the C2 General Commercial and CM Commercial Manufacturing zone districts,
subject to a standard conditional use permit, meaning the CUP would be subject to a
noticed public hearing before the Planning Commission.
Currently, the BRSP allows smoke shops in the Village Commercial (between Canal
Street and generally Mount Vernon Avenue) and General Commercial (between the I-
215 Freeway to Canal Street) zone districts, and does not require a permit or include
any regulations. The proposed ordinance would only allow smoke shops and tobacco
stores in the BRSP-GC zone district with a CUP and would no longer allow them in the
VC zone district. There is one smoke shop in the VC zone which would become a legal
non-conforming use.
The ordinance clearly states that vapor lounges, hookah lounges and similar uses are
prohibited within Grand Terrace.
The ordinance proposes to establish separation criteria between smoke shops/tobacco
stores and other uses, as follows: 1,000 feet from public schools, child care facilities,
Packet Pg. 23
B.2
parks, libraries and community centers; and 1,000 feet from another smoke
shop/tobacco store. The distance would be measured from property line to property line.
Development and operational standards are also proposed. For instance, minors would
not be allowed within the store without a parent/legal guardian, no sales to minors would
be allowed, no self-service machines or amusement devices are allowed; and windows
could not be fully obstructed.
The ordinance also contains definitions. The definitions are key for determining the use.
The definitions include, but are not limited to the following:
sale, distribution, delivery, offering, furnishing, or marketing of tobacco, tobacco
products, tobacco related products, electronic smoking devices, or tobacco
paraphernalia; provided however, that any grocery store, supermarket, convenience
store or similar retail use that only sells conventional cigars, cigarettes or tobacco as
not be subject to the restrictions in this chapter.
instrument that is primarily designed or manufactured for the smoking, chewing,
absorbing, dissolving, inhaling, snorting, sniffing, or ingesting by any other means
into the body of tobacco, tobacco products, or other controlled substances as
defined in California Health and Safety Code Section 11054 et seq. Items or devices
classified as tobacco paraphernalia include but are not limited to the following: pipes,
punctured metal bowls, bongs, water bongs, electric pipes, ecigarettes, ecigarette
juice, buzz bombs, vaporizers, hookahs, and devices for holding burning material.
Lighters and matches shall be excluded from the definition of tobacco paraphernalia.
"Tobacco products" means any substance containing the tobacco leaf, including but
not limited to cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing
tobacco, dipping tobacco, snus, bidis, or any other preparation of tobacco; and any
product of formulation of matter containing biologically active amounts of nicotine
that is manufactured, sold, offered for sale, or otherwise distributed with the
expectation that the product or matter will be introduced into the human body, but
does not include any cessation product specifically approved by the United States
Food and Drug Administration for use in treating nicotine or tobacco dependence.
As defined and as proposed, a smokes shop/tobacco store could sell conventional
tobacco products (cigarettes, cigars, tobacco), and electronic smoking devices (e-
cigarettes, juices); and they could also sell tobacco paraphernalia which includes pipes,
water bongs, hookahs, and vaporizers.
The Planning Commission may direct staff to modify the definitions, and the ordinance
to prohibit the sale of tobacco paraphernalia, should the Commission determine it
Packet Pg. 24
B.2
appropriate to do so.
ean where a grocery store, supermarket, convenience store
or other similar market uses no more than two percent of its gross floor area, or 250
square feet, whichever is less for the display, sale, distribution, delivery, offering,
furnishing, or marketing of conventional cigars cigarettes or tobacco. For any
grocery store, convenience market, retail kiosk or similar use consisting of 250
are used for the display sale, distribution, deliver, offering, furnishing or marketing of
conventional cigars, cigarettes or tobacco. The display, sale, distribution, delivery,
offering, furnishing, or marketing of ecigarettes or any other tobacco products or
tobacco paraphernalia, regardless of square footage used, is subject to the
restrictions of this chapter and shall not constitute
circumstance.
Any use that sells traditional tobacco items that falls within the criteria above would be
exempt and not classified as a smoke shop or tobacco store and exempt from requiring
a CUP.
CONCLUSION
Staff recommends that the Planning Commission conduct a public hearing and vote to
recommend City Council approval of the draft ordinance contained in the Resolution.
ATTACHMENTS:
Draft PC Resolution (DOCX)
Draft Ordinance _smoke shops_7.11.2016 (DOC)
APPROVALS:
Sandra Molina Completed 08/31/2016 10:37 AM
City Attorney Completed 09/08/2016 12:19 PM
Sandra Molina Completed 09/08/2016 1:11 PM
Planning Commission Pending 09/15/2016 6:30 PM
Packet Pg. 25
B.2.a
RESOLUTION NO. 2016-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
GRAND TERRACE RECOMMENDING THAT THE CITY COUNCIL OF
THE CITY OF GRAND TERRACE ADOPT AN ORDINANCE ADOPTING
ZONE CHANGE 15-02 TO AMEND CHAPTER 18.82 OF THE GRAND
TERRACE MUNICIPAL CODE AND SPECIFIC PLAN AMENDMENT 15-
01 FOR THE PURPOSE OF REGULATING SMOKE SHOPS AND
TOBACCO STORES
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, Chapter 18.90 of the Municipal Code provides a process for the
amendment of the Zoning Code.
WHEREAS, on September 15, 2016, the Planning Commission of the City of
Grand Terrace conducted a duly noticed public hearing at the Grand Terrace City Hall
Council Chambers located 22795 Barton Road, Grand Terrace, CA 92313 and
concluded the hearing on that date.
WHEREAS, all legal prerequisites to the adoption of this Ordinance have
occurred.
NOW THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
Grand Terrace:
1. The Planning Commission finds that Zoning Code Amendment 15-02 and
Specific Plan Amendment 15-01 are exempt from the California Environmental
Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines
because the activity is covered by the general rule that CEQA applies only to
Attachment: Draft PC Resolution (1985 : Regulation of Smoke Shops and Tobacco Stores)
projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty that there is no possibility that
the activity in question may have a significant effect on the environment, the
activity is not subject to CEQA. The Ordinance establishes regulations for smoke
shops and similar uses and will not have any direct impact on the environment.
2. The Planning Commission further finds as follows with respect to Zoning Code
Page 1 of 4
Packet Pg. 26
B.2.a
Amendment 15-02 and Specific Plan Amendment 15-01:
a. Zoning Code Amendment 15-02 and Specific Plan Amendment 15-01 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 these amendments are
intended to regulate smoke shops and tobacco stores which tend to have
secondary deleterious effects on surrounding neighorhoods.
b. Zoning Code Amendment 15-02 and Specific Plan Amendment 15-01 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.
3. Based on the findings and conclusions set forth above, this Commission hereby
finds that there is good cause for the adoption of the ordinance, as stated herein,
and recommends that the City Council adopt the attached Ordinance, attached
hereto as Exhibit 1.
PASSED AND ADOPTED by the Planning Commission of the City of Grand Terrace,
th
California, at a regular meeting held on the 15 day of September, 2016.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
__________________________ _________________________
Pat Jacques-Nares Tom Comstock
City Clerk Chairman
Attachment: Draft PC Resolution (1985 : Regulation of Smoke Shops and Tobacco Stores)
Page 2 of 4
Packet Pg. 27
B.2.a
I, Pat Jacquez-Nares, City Clerk of the City of Grand Terrace, do hereby certify that the
foregoing Ordinance was introduced and adopted at a regular meeting of the City
Council of the City of Grand Terrace held on the ____ of _____, 2016, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________
Pat Jacquez-Nares
City Clerk
Approved as to form:
___________________________________
Baron J. Bettenhausen
City Attorney
Attachment: Draft PC Resolution (1985 : Regulation of Smoke Shops and Tobacco Stores)
Page 3 of 4
Packet Pg. 28
B.2.a
Exhibit 1
Attached on following page
Attachment: Draft PC Resolution (1985 : Regulation of Smoke Shops and Tobacco Stores)
Page 4 of 4
Packet Pg. 29
B.2.b
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE ADOPTING ZONE CHANGE 15-02 TO AMEND CHAPTER 18.82
OF THE GRAND TERRACE MUNICIPAL CODE AND SPECIFIC PLAN
AMENDMENT 15-02 FOR THE PURPOSE OF REGULATING SMOKE
SHOPS AND TOBACCO STORES
WHEREAS,
including a Land Use Element; and
WHEREAS,
d policies; and
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, Chapter 18.90 of the Municipal Code provides a process for the
amendment of the Zoning Code.
WHEREAS, on September 15, 2016, the Planning Commission of the City of
Grand Terrace conducted a duly noticed public hearing at the Grand Terrace City Hall
Council Chambers located 22795 Barton Road, Grand Terrace, CA 92313 and
concluded the hearing on that date.
WHEREAS, on ________, the City Council of the City of Grand Terrace
conducted a duly noticed public at the Grand Terrace City Hall Council Chambers
located 22795 Barton Road, Grand Terrace, CA 92313 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 City
Council of the City of Grand Terrace, as follows
Attachment: Draft Ordinance _smoke shops_7.11.2016 (1985 : Regulation of Smoke Shops and Tobacco Stores)
SECTION 1. Zoning Code Amendment 15-02 and Specific Plan Amendment
15-01 are exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15061(b)(3) of the CEQA Guidelines because the activity is covered by the
Packet Pg. 30
B.2.b
Ordinance No.
Page 2 of 8
general rule 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 the activity in question may have a significant effect on the
environment, the activity is not subject to CEQA. The Ordinance establishes
regulations for smoke shops and similar uses and will not have any direct impact on the
environment.
SECTION 2. Zoning Code Amendment 15-02 and Specific Plan Amendment
15-01 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 these amendments are intended to regulate smoke shops and
tobacco stores which tend to have secondary deleterious effects on surrounding
neighorhoods.
SECTION 3. Zoning Code Amendment 15-02 and Specific Plan Amendment
15-01 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.
SECTION 4. Chapter 18.82 (Standards for Specified Land Uses and Activities)
of Title 18 of the Grand Terrace Municipal Code is hereby amended (Zoning Code
Amendment 15-02) to add Section 18.82.030, as follows:
and Smoke
Shops
A Purpose. The regulation of tobacco retailers is necessary and in the interests of the
public health, safety and general welfare because there is the substantial likelihood
of the establishment and operation of tobacco retailers in the City of Grand Terrace.
The proliferation of tobacco retailers in the city would result in undesirable impacts
to the community. Among these impacts are increased potential for tobacco sales to
minors, greater opportunity for the sale of illegal drug paraphernalia that is marketed
as tobacco paraphernalia, and heightened risk of negative aesthetic impacts, blight,
and loss of property values of residential neighborhoods and businesses in close
proximity to such uses. This section contains amendments consistent with good
zoning and planning practices to address such negative impacts of tobacco retailers
while providing a reasonable number of locations and zones for such uses to locate
within the city of Grand Terrace.
B Definitions.
Attachment: Draft Ordinance _smoke shops_7.11.2016 (1985 : Regulation of Smoke Shops and Tobacco Stores)
1. any device, whether mechanical, electrical,
electronic, computerized, or similar object, which by payment of a fee, or
insertion of a coin or token, may be operated for the primary purpose of
Packet Pg. 31
B.2.b
Ordinance No.
Page 3 of 8
amusement. The term amusement machine does not include any device or
object the primary purpose of which is to play music.
2.
store or other similar market uses no more than two percent of its gross floor
area, or 250 square feet, whichever is less for the display, sale, distribution,
delivery, offering, furnishing, or marketing of conventional cigars cigarettes or
tobacco. For any grocery store, convenience market, retail kiosk or similar use
than five square feet are used for the display sale, distribution, deliver, offering,
furnishing or marketing of conventional cigars, cigarettes or tobacco. The
display, sale, distribution, delivery, offering, furnishing, or marketing of
ecigarettes or any other tobacco products or tobacco paraphernalia, regardless
of square footage used, is subject to the restrictions of this chapter and shall not
3. "Electronic cigarette" means an electronic and/or battery operated device, the
use of which may resemble smoking that can be used to deliver an inhaled
dose of nicotine or other substances and that causes the user to exhale any
smoke, vapor, or substance other than that produced by unenhanced human
exhalation. "Electronic cigarette" includes any such device, whether
manufactured, distributed, marketed or sold as an electronic cigarette, an
electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah,
a vapor cigarette or any other product name or descriptor.
4. Electronic cigarette retailer" means any establishment that sells electronic
cigarettes.
5.
instrument that is primarily designed or manufactured for the smoking, chewing,
absorbing, dissolving, inhaling, snorting, sniffing, or ingesting by any other means
into the body of tobacco, tobacco products, or other controlled substances as
defined in California Health and Safety Code Section 11054 et seq. Items or
devices classified as tobacco paraphernalia include but are not limited to the
following: pipes, punctured metal bowls, bongs, water bongs, electric pipes,
ecigarettes, ecigarette juice, buzz bombs, vaporizers, hookahs, and devices for
holding burning material. Lighters and matches shall be excluded from the
definition of tobacco paraphernalia
6. "Tobacco products" means any substance containing the tobacco leaf, including
but not limited to cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing
Attachment: Draft Ordinance _smoke shops_7.11.2016 (1985 : Regulation of Smoke Shops and Tobacco Stores)
tobacco, dipping tobacco, snus, bidis, or any other preparation of tobacco; and
any product of formulation of matter containing biologically active amounts of
nicotine that is manufactured, sold, offered for sale, or otherwise distributed with
the expectation that the product or matter will be introduced into the human body,
Packet Pg. 32
B.2.b
Ordinance No.
Page 4 of 8
but does not include any cessation product specifically approved by the United
States Food and Drug Administration for use in treating nicotine or tobacco
dependence.
7.
form, containing nicotine derived from the tobacco plant, or otherwise derived,
which is intended to enable human consumption of the tobacco or nicotine in the
product, whether smoked, chewed, absorbed, dissolved, inhaled, snorted,
sniffed, or ingested by any other means. For the purposes of this chapter, the
by the United States Food and Drug Administration (FDA) for sale as a
tobacco/smoking cessation product or for other medical purposes, where such
product is marketed and sold solely for such an approved purpose.
8.
sale, distribution, delivery, offering, furnishing, or marketing of tobacco, tobacco
products, tobacco related products, electronic smoking devices, or tobacco
paraphernalia; provided however, that any grocery store, supermarket,
convenience store or similar retail use that only sells conventional cigars,
9. "Vapor lounge" means any establishment that sells electronic cigarettes for
consumption on site.
C. Prohibition. The establishment of a vapor lounges, hookah lounges, and similar uses
are prohibited in the City of Grand Terrace.
D. Zoning. Notwithstanding any other provision of this title to the contrary, smoke shops
and tobacco stores shall be subject to a standard conditional use permit and only
within the following zones, subject to the regulations contained in this chapter:
1. C2 General Commercial
2. CM Commercial Manufacturing
3. BRSP-General Commercial
E. Locational standards.
1. Smoke shops and tobacco stores shall not be located within 1,000 feet,
Attachment: Draft Ordinance _smoke shops_7.11.2016 (1985 : Regulation of Smoke Shops and Tobacco Stores)
measured property line to property line, from a public school, child care facility,
park, library, or community center.
Packet Pg. 33
B.2.b
Ordinance No.
Page 5 of 8
2. Smoke shops and tobacco stores shall not be located within 1,000 feet,
measured property line to property line, from another smoke shop and tobacco
store.
D. Development and Operational Standards. Standard conditions of approval for any
conditional use permit shall, at a minimum, include the following
1. Minors, not accompanied by his or her parent or legal guardian, shall not be
allowed or permitted to enter or remain within any smoke shop and tobacco
store.
2. Smoke shops and tobacco stores shall post clear signage stating that minors
may not enter the premises unless accompanied by a parent or legal guardian.
At least one such sign shall be placed in a conspicuous location near each public
entrance to the smoke shop and tobacco store. It shall be unlawful for a smoke
shop and tobacco store to fail to display and maintain, or fail to cause to be
displayed or maintained, such signage.
3. No smoking shall be permitted on the premises at any time.
4. No sales may be solicited or conducted on the premises by minors.
5. No self-service tobacco, tobacco product, or tobacco paraphernalia displays shall
be permitted.
6. There shall be no obstructions within the storefront windows and doors which
would hinder visual surveillance of the interior of the tenant space from the
outside of the premises during operating hours. Obstructions would include
signage, window tint, window coverings, advertisements, etc.
7. The interior of the business shall be maintained with adequate illumination to
make the conduct of patrons within the premises readily discernible to persons of
normal visual acuity.
8. Food for consumption is not permitted on the premises.
9. No alcoholic beverages shall be sold or consumed on the business premises.
10. No amusement devices, shall be permitted anywhere within the business.
E. Legally existing tobacco stores and smoke shops.
Attachment: Draft Ordinance _smoke shops_7.11.2016 (1985 : Regulation of Smoke Shops and Tobacco Stores)
Smoke shops and tobacco stores that are legally existing on the effective date of the
ordinance codified in this chapter shall obtain a conditional use permit within twelve
months of the effective date of this ordinance; provided that they are permissible
Packet Pg. 34
B.2.b
Ordinance No.
Page 6 of 8
within the zone district. In all other cases, the smoke shop and tobacco store shall
be legal nonconforming and shall be regulated pursuant to Chapter 18.76
SECTION 5. Table 1 Land Use Matrix of Section V (Specific Plan
Administration) of the Barton Road Specific Plan (Specific Plan Amendment 15-01) shall
be revised follows:
Village Commercial Office/Professional
Commercial
PA1 PA 2 PA 3
1 Retail
Commercial Uses
(5)
Smoke shops PC P
(5)
Subject to the provisions of Section 18.82.030 of the Grand Terrace Zoning
Code.
SECTION 6. The City Council declares that it would have adopted this
ordinance and each section, subsection, sentence, clause, phrase, or portion of it
irrespective of the fact that any one or more sections, subsections, sentences, clauses,
phrases or portions of it be declared invalid or unconstitutional. If for any reason any
portion of this ordinance is declared invalid or unconstitutional, then all other provisions
shall remain valid and enforceable.
SECTION 7. This ordinance shall take effect thirty days from the date of
adoption.
SECTION 8. First read at a regular meeting of the City Council held on the ___
day of _______, 2016 and finally adopted and ordered posted at a regular meeting of
said City Council on the ___ day of ________, 2016.
SECTION 9. The City Clerk shall post this Ordinance in three (3) public places
within fifteen (15) days of its adoption, as designated for such purposes by the City
Council.
ATTEST:
Attachment: Draft Ordinance _smoke shops_7.11.2016 (1985 : Regulation of Smoke Shops and Tobacco Stores)
____________________________ ______________________________
Pat Jacquez-Nares Darcy McNaboe
City Clerk Mayor
Packet Pg. 35
B.2.b
Ordinance No.
Page 7 of 8
Approved as to form:
____________________________
Richard L. Adams, II
City Attorney
Attachment: Draft Ordinance _smoke shops_7.11.2016 (1985 : Regulation of Smoke Shops and Tobacco Stores)
Packet Pg. 36
B.2.b
Ordinance No.
Page 8 of 8
I, Pat Jacquez-Nares, City Clerk of the City of Grand Terrace, do hereby certify that the
foregoing Ordinance was introduced and adopted at a regular meeting of the City
Council of the City of Grand Terrace held on the ___ day of _____________, 2016, by
the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________
Pat Jacquez-Nares
City Clerk
Attachment: Draft Ordinance _smoke shops_7.11.2016 (1985 : Regulation of Smoke Shops and Tobacco Stores)
Packet Pg. 37
C.3
AGENDA REPORT
MEETING DATE:September 15, 2016
TITLE:Findings of Conformance with Government Code Section
65402
PRESENTED BY:Sandra Molina, Planning & Development Services Director
RECOMMENDATION:1)Adopt a RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF GRAND TERRACE,
DETERMINING GENERAL PLAN CONFORMITY
PURSUANT TO GOVERNMENT CODE SECTION 65402
FOR THE PROPOSED ACQUISITION OF
APPROXIMATELY TWO ACRES LOCATED AT 22273
BARTON ROAD
2)Adopt a RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF GRAND TERRACE,
DETERMINING GENERAL PLAN CONFORMITY
PURSUANT TO GOVERNMENT CODE SECTION 65402
FOR THE PROPOSED DISPOSITION OF
APPROXIMATELY 0.90 ACRES LOCATED AT THE
SOUTHWEST CORNER OF COMMERCE WAY AND
MICHIGAN STREET (APN 1167-141-08)
3)Adopt a A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF GRAND TERRACE,
DETERMINING GENERAL PLAN CONFORMITY
PURSUANT TO GOVERNMENT CODE SECTION 65402
FOR THE PROPOSED DISPOSITION OF
APPROXIMATELY TWO ACRES LOCATED AT 22273
BARTON ROAD
2030 VISION STATEMENT:
This staff reports supports Goal #3 to Promote Economic Development.
BACKGROUND:
California Government Code Section 65402(a) states that "If a General Plan has been
adopted, no real property shall be disposed or acquired, until the location, purpose and
extent of such disposition or acquisition, \[has\] been submitted to and reported upon by
the planning agency as to conformity with said adopted general plan within forty (40)
days after the matter was submitted to it." Therefore, in order for the acquisition and
disposition of property to occur, the Planning Commission must first make a report on
the conformity of the proposed acquisition with the General Plan.
Packet Pg. 38
C.3
opportunities the City is in negotiation to acquire or sell a number of properties within
the City. In accordance with the Government Code, Staff is recommending that the
Commission determine that the Planning Commission find the acquisition and/or
disposition in conformance with the General Plan, as follows:
GENERAL PLAN CONSISTENCY:
Property 1
Property 1 is a 2-acre parcel located a 22273 Barton Road, currently owned by Jo
Stringfield. The City is proposing to purchase the property, it is currently in escrow, and
expected to close on September 19, 2016 (Attachment 1). On September 13, 2016, the
City Council will consider action authorizing the City Manager to execute the purchase
agreement The property is designated General Commercial (GC) on the General Plan
Land Use Map and Barton Road Specific Plan-General Commercial (BRSP-GC) on the
Zoning Map.
The acquisition of Property 1 would benefit the City and once assembled could be
marketed for future commercial development. The General Commercial land use
designation is primarily located along Barton Road and near the I-215 Freeway. It
provides for general commercial uses to serve the retail and service needs of the
community. As stated in the Grand Terrace General Plan, the BRSP serves as the
zoning code for most properties fronting along or directly related to Barton Road, and is
intended to provide guidance for the development of predominantly commercial property
along the primary transportation corridor through the City.
Therefore, the proposed property acquisition of the subject property would be
accomplished for the intended purpose of implementing the Barton Road Specific Plan,
in accordance with the General Plan land use designation, goals, and policies.
Property 2
Property 2 is a 0.90 acre parcel owned by the City of Grand Terrace, located on the
southwest corner of Commerce Way and Michigan Street (Attachment 2). The property
is designated General Commercial (GC) on the General Plan Land Use Map, and
Commercial Manufacturing (CM) on the Zoning Map.
On July 12, 2016, the City Council approved an Exclusive Negotiation Agreement with
Dr. Terry McDuffee for the purchase of the property. A Disposition and Development
Agreement is currently being negotiated to cover the terms of the sale and purchase,
and also the terms of developing an emergency animal hospital and commercial use.
Refer to Attachment 2.
Packet Pg. 39
C.3
The GC land use designation is primarily located along Barton Road and near the I-215
Freeway. It provides for general commercial uses to serve the retail and service needs
of the community. The GC land use designation is intended to provide for general
commercial uses to serve the retail and service needs of the community. The
anticipated development of an animal emergency clinic and commercial use is
consistent with the zoning district which serves to implement the general plan, and is
therefore, consistent with the General Plan.
Property 3
Property 3 is made up of six separate parcels totaling approximately 53 acres generally
located between Michigan Street and the I-215 Freeway (Attachment 3). This area is
referred to as the Southwest Area.
The City has been working with Lewis Group for a number of months on the proposed
sale, master planning and development of the 53 acres. Property 3 is designated Mixed
Use (commercial and residential mix) on the General Plan Land Use Map, and zoned
Commercial Manufacturing (CM), Restricted Manufacturing (MR), and Industrial (M2) on
the Zoning Map. Property 3 is only 53 acres of approximately 80 acres designated
Mixed Use on the General Plan.
Properties designated as Mixed Use are intended to be developed with multiple uses,
that may include residential, commercial, business park, open space, and recreational
uses.
This sale of this property for future development is consistent with the intent of
developing land in the City. Development of the Property will be subject to a Master
Plan which will identify uses in conformance with the Mixed Use designation of the
General Plan. In addition, in conformance with General Plan goals and policies, needed
infrastructure will also be master planned and developed. Therefore, the disposition of
Property 3 is consistent with the General Plan.
ATTACHMENTS:
Resolution_22273 Barton (DOC)
Resolution_Commerce property (DOC)
Resolution_Mixed Use Area (DOC)
APPROVALS:
Sandra Molina Completed 09/08/2016 4:05 PM
City Attorney Completed 09/08/2016 4:59 PM
Planning Commission Pending 09/15/2016 6:30 PM
Packet Pg. 40
C.3.a
RESOLUTION NO. 2016-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
GRAND TERRACE, DETERMINING GENERAL PLAN CONFORMITY
PURSUANT TO GOVERNMENT CODE SECTION 65402 FOR THE
PROPOSED ACQUISTION OF APPROXIMATELY TWO ACRES
LOCATED AT 22273 BARTON ROAD
WHEREAS, the City of Grand Terrace is proposing to acquire an
approximately two acre parcel containing a single family residence located at
22273 Barton Road (APN: 1167-231-02) within the Barton Road Specific
Plan (BRSP);
WHEREAS, the Subject Parcel is zoned BRSP General Commercial and is
designated General Commercial on the General Plan Land use Map;
WHEREAS, the General Commercial land use designation is primarily located
along Barton Road and near the I-215 Freeway. It provides for general commercial uses
to serve the retail and service needs of the community;
WHEREAS, as stated in the Grand Terrace General Plan, the BRSP serves
as the zoning code for most properties fronting along or directly related to Barton Road,
and is intended to provide guidance for the development of predominantly commercial
property along the primary transportation corridor through the City;
WHEREAS, State Government Code Section 65402 stipulates that prior to
the acquisition of real property by a government agency, the planning agency of
the jurisdiction in which said property is located must first make the finding that the
acquisition of said real property is in conformance with the adopted General Plan of
the local jurisdiction;
WHEREAS, this action is exempt from the provisions of the
California Environmental Quality Act (CEQA), pursuant to Section
15060(c)(3) of the CEQA Guidelines;
WHEREAS, on September 15, 2016, the Planning Commission conducted a duly
noticed public meeting on this matter at the Grand Terrace Council Chambers located at
22795 Barton Road, Grand Terrace, California 92313 and concluded the meeting on
said date.
WHEREAS, all legal prerequisites to the adoption of this Resolution have
occurred.
Attachment: Resolution_22273 Barton (2006 : General Plan Conformance on Acquisition and Disposition of Property)
NOW THEREFORE, it is hereby found, determined, and resolved by the Planning
Commission of the City of Grand Terrace, as follows
Packet Pg. 41
C.3.a
1. The Planning Commission hereby specifically finds that all of the facts set forth in
the above Recitals, are true and correct.
2. The Planning Commission hereby finds that the Project is not subject to
environmental review pursuant to Section 15060(c)(3) of CEQA.
3. Based on substantial evidence presented to the Planning Commission during the
September 15, 2016, public hearing, including public testimony, and written and
oral staff reports, the Planning Commission specifically finds:
a. The purpose of the BRSP and associated zoning districts is to assure the
systematic implementation of the City of Grand Terrace's General Plan
within the Specific Plan area. The BRSP identifies that the General
Commercial area is an area in transition with several residential
structures having been converted to commercial uses. Lot consolidation
and new commercial development are the primary focus for this area.
b. The proposed property acquisition of the subject property would be
accomplished for the intended purpose of implementing the Barton Road
Specific Plan, in accordance with the General Plan land use designation,
goals, and policies.
4. Based on the findings and conclusions set forth in paragraphs 1, 2, and 3 above,
this Commission hereby determines that proposed acquisition of the subject
property would be in conformity with the Grand Terrace General Plan in
accordance with State Government Code Section No. 65402.
5. The City Clerk of the City of Grand Terrace shall certify to the adoption of this
Resolution.
PASSED AND ADOPTED by the Planning Commission of the City of Grand Terrace,
th
California, at a regular meeting held on the 15 day of September, 2016.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Attachment: Resolution_22273 Barton (2006 : General Plan Conformance on Acquisition and Disposition of Property)
__________________________ __________________________
Page 2 of 3
Packet Pg. 42
C.3.a
Pat Jacquez-Nares Tom Comstock
City Clerk Chairman
Attachment: Resolution_22273 Barton (2006 : General Plan Conformance on Acquisition and Disposition of Property)
Page 3 of 3
Packet Pg. 43
C.3.b
RESOLUTION NO. 2016-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
GRAND TERRACE, DETERMINING GENERAL PLAN CONFORMITY
PURSUANT TO GOVERNMENT CODE SECTION 65402 FOR THE
PROPOSED DISPOSITION OF APPROXIMATELY 0.90 ACRES
LOCATED AT THE SOUTHWEST CORNER OF COMMERCE WAY AND
MICHIGAN STREET (APN 1167-141-08)
WHEREAS, the City of Grand Terrace is proposing to dispose of a
0.91 acre (39,850 square feet) vacant parcel located at the southwest corner of
Commerce Way and Michigan Street, identified as Asses-
141-08;
WHEREAS, on July 12, 2016, the City of Grand Terrace and Dr. Terry
McDuffee entered into an Exclusive Negotiating Agreement whereby the City would
sell and Dr. McDuffee would purchase a city-owned parcel for the development of
an emergency animal clinic and commercial space;
WHEREAS, the City of Grand Terrace and Dr. Terry McDuffee negotiating a
Disposition and Development Agreement on the sale and purchase of subject
property;
WHEREAS, the Subject Parcel is zoned Commercial Manufacturing, and
designated General Commercial on the General Plan Land Use Map;
WHEREAS, the General Commercial land use designation is primarily located
along Barton Road and near the I-215 Freeway. It provides for general commercial uses
to serve the retail and service needs of the community;
WHEREAS, State Government Code Section 65402 stipulates that prior to
the acquisition of real property by a government agency, the planning agency of
the jurisdiction in which said property is located must first make the finding that the
acquisition of said real property is in conformance with the adopted General Plan of
the local jurisdiction;
WHEREAS, this action is exempt from the provisions of the California
Environmental Quality Act (CEQA), pursuant to Section 15060(c)(3) of the CEQA
Guidelines;
WHEREAS, on September 15, 2016, the Planning Commission conducted a duly
noticed public meeting on this matter at the Grand Terrace Council Chambers located at
22795 Barton Road, Grand Terrace, California 92313 and concluded the meeting on
Attachment: Resolution_Commerce property (2006 : General Plan Conformance on Acquisition and Disposition of Property)
said date.
Packet Pg. 44
C.3.b
WHEREAS, all legal prerequisites to the adoption of this Resolution 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. The Planning Commission hereby finds that the Project is not subject to
environmental review pursuant to Section 15060(c)(3) of CEQA.
3. Based on substantial evidence presented to the Planning Commission during the
September 15, 2016, public hearing, including public testimony, and written and
oral staff reports, the Planning Commission specifically finds:
a. The General Commercial land use designation is intended to provide for
general commercial uses to serve the retail and service needs of the
community. The anticipated development of an animal emergency clinic
and commercial use is consistent with the zoning district which serves to
implement the general plan.
b. The proposed disposition of the subject property would be for the
intended purpose of developing the subject property in, accordance with
the General Plan land use designation, goals, and policies.
4. Based on the findings and conclusions set forth in paragraphs 1, 2, and 3 above,
this Commission hereby determines that proposed acquisition of the subject
property would be in conformity with the Grand Terrace General Plan in
accordance with State Government Code Section No. 65402.
5. The City Clerk of the City of Grand Terrace shall certify to the adoption of this
Resolution.
Attachment: Resolution_Commerce property (2006 : General Plan Conformance on Acquisition and Disposition of Property)
Page 2 of 3
Packet Pg. 45
C.3.b
PASSED AND ADOPTED by the Planning Commission of the City of Grand Terrace,
th
California, at a regular meeting held on the 15 day of September, 2016.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
__________________________ __________________________
Pat Jacquez-Nares Tom Comstock
City Clerk Chairman
Attachment: Resolution_Commerce property (2006 : General Plan Conformance on Acquisition and Disposition of Property)
Page 3 of 3
Packet Pg. 46
C.3.c
RESOLUTION NO. 2016-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
GRAND TERRACE, DETERMINING GENERAL PLAN CONFORMITY
PURSUANT TO GOVERNMENT CODE SECTION 65402 FOR THE
PROPOSED DISPOSITION OF APPROXIMATELY TWO ACRES
LOCATED AT 22273 BARTON ROAD
WHEREAS, the City of Grand Terrace is proposing to acquire an
approximately two acre parcel containing a single family residence located at
22273 Barton Road (APN: 1167-231-02) within the Barton Road Specific
Plan (BRSP);
WHEREAS, the Subject Parcel is zoned BRSP General Commercial and is
designated General Commercial on the General Plan Land use Map;
WHEREAS, the General Commercial land use designation is primarily located
along Barton Road and near the I-215 Freeway. It provides for general commercial uses
to serve the retail and service needs of the community;
WHEREAS, as stated in the Grand Terrace General Plan, the BRSP serves
as the zoning code for most properties fronting along or directly related to Barton Road,
and is intended to provide guidance for the development of predominantly commercial
property along the primary transportation corridor through the City;
WHEREAS, State Government Code Section 65402 stipulates that prior to
the acquisition of real property by a government agency, the planning agency of
the jurisdiction in which said property is located must first make the finding that the
acquisition of said real property is in conformance with the adopted General Plan of
the local jurisdiction;
WHEREAS, this action is exempt from the provisions of the
California Environmental Quality Act (CEQA), pursuant to Section
15060(c)(3) of the CEQA Guidelines;
WHEREAS, on September 15, 2016, the Planning Commission conducted a duly
noticed public meeting on this matter at the Grand Terrace Council Chambers located at
22795 Barton Road, Grand Terrace, California 92313 and concluded the meeting on
said date.
WHEREAS, all legal prerequisites to the adoption of this Resolution have
occurred.
Attachment: Resolution_Mixed Use Area (2006 : General Plan Conformance on Acquisition and Disposition of Property)
NOW THEREFORE, it is hereby found, determined, and resolved by the Planning
Commission of the City of Grand Terrace, as follows
Packet Pg. 47
C.3.c
1. The Planning Commission hereby specifically finds that all of the facts set forth in
the above Recitals, are true and correct.
2. The Planning Commission hereby finds that the Project is not subject to
environmental review pursuant to Section 15060(c)(3) of CEQA.
3. Based on substantial evidence presented to the Planning Commission during the
September 15, 2016, public hearing, including public testimony, and written and
oral staff reports, the Planning Commission specifically finds:
a. The purpose of the BRSP and associated zoning districts is to assure the
systematic implementation of the City of Grand Terrace's General Plan
within the Specific Plan area. The BRSP identifies that the General
Commercial area is an area in transition with several residential
structures having been converted to commercial uses. Lot consolidation
and new commercial development are the primary focus for this area.
b. The proposed property acquisition of the subject property would be
accomplished for the intended purpose of implementing the Barton Road
Specific Plan, in accordance with the General Plan land use designation,
goals, and policies.
4. Based on the findings and conclusions set forth in paragraphs 1, 2, and 3 above,
this Commission hereby determines that proposed acquisition of the subject
property would be in conformity with the Grand Terrace General Plan in
accordance with State Government Code Section No. 65402.
5. The City Clerk of the City of Grand Terrace shall certify to the adoption of this
Resolution.
PASSED AND ADOPTED by the Planning Commission of the City of Grand Terrace,
th
California, at a regular meeting held on the 15 day of September, 2016.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Attachment: Resolution_Mixed Use Area (2006 : General Plan Conformance on Acquisition and Disposition of Property)
__________________________ __________________________
Page 2 of 3
Packet Pg. 48
C.3.c
Pat Jacquez-Nares Tom Comstock
City Clerk Chairman
Attachment: Resolution_Mixed Use Area (2006 : General Plan Conformance on Acquisition and Disposition of Property)
Page 3 of 3
Packet Pg. 49
C.4
AGENDA REPORT
MEETING DATE:September 15, 2016
TITLE:Report on Code Compliance Activities for FY 2015-2016
PRESENTED BY:Sandra Molina, Planning & Development Services Director
RECOMMENDATION:Receive and File the Report.
2030 VISION STATEMENT:
This staff report supports Our Mission: preserveandprotectourcommunityandits
exceptionalqualityoflifethroughthoughtfulplanning, withintheconstraintsoffiscally
responsible.
BACKGROUND:
On July 26, 2016, Staff presented a reportto the Council on Code Compliance activities
during the 2015-2016 fiscal year. Staff believes this information would be of interest to
the Planning Commission and is presenting the report herein. A full powerpoint
presentation with additional statistics and charts will be presented to the Commission
during the September 15, 2016, meeting.
The Code Compliance Division consist of one full time code enforcement office, one
part time (18 hrs/wk) weekend Code Enforcement Specialist, and one part time (18
hrs/wk) Office Specialist. The weekend enforcement specialist began with the City in
April of this year. The full time code enforcement officer also works one Friday and
Saturday each month. Code Compliance has processed over 350 cases last year.
One of Code
Codes. During the last fiscal year, Code Compliance initiated new enforcement
strategies intended to streamline enforcement and case processing. These strategies
are based oncode enforcement officers being proactive indevelopingstrategiesto
Packet Pg. 50
C.4
address hazards and frequently reoccurring problems; consistency in enforcement and
process and to show efficiency in resolving code enforcement issues.
DISCUSSION:
The enforcement strategy includes identified enforcement zones; focusing on quality of
life and public safety issues; and streamlined case processing.
Code enforcement utilized the street sweeping zone map to establish inspection zones.
Over a two week period, the commercial corridor is inspected twice, and each zone of
the City is inspected once. This rotation continues so that all zones are pro-actively
inspected on a regular basis; and to ensure equitable enforcement throughout the City.
The weekend code specialist will sweep the three zones for that week, and follows up
on inspections, citations, and opens new cases as appropriate.
Enforcement within the zones focuses on quality of life and public safety issues.
Although quality of life issues are not as serious as public safety issues, they are more
frequent, require a significant amount of resources, and can significantly impact the
community if not readily addressed. Public safety issues are addressed within 24-48
hours, based on the issue.
Quality of life issues that enforcement focuses on are vehicles parked on unpaved
surfaces, inoperable vehicles, dead and overgrown vegetation, and broken windows.
These cases made-up 220 of the cases that were processed last fiscal year.
Additionally, citations are issued for commercial vehicles parked in residential zones,
In addition to follow up sweeping of the enforcement zones, the weekend code
enforcement activity focuses on removing garage sales signs from the pubic rights of
way, citing vehicles for sale, and other parking infractions. The weekend code specialist
has also stopped unpermitted weekend construction work.
Use of Technology
The code compliance officers have each been equipped with tablets that access the
code compliance program. This allows new cases and notes to be inputted from the
field; and photographs are automatically uploaded to the case file. The cloud-based
program automatically syncs with the code software program.
The SeeClickFix (SCF) program is primarily a tool for public works issues; but it also
allows community members to identify code enforcement issues. When a code issue is
identified through SCF, a case is opened, as appropriate.
Packet Pg. 51
C.4
APPROVALS:
Sandra Molina Completed 09/09/2016 10:04 AM
City Attorney Completed 09/09/2016 10:05 AM
Planning Commission Pending 09/15/2016 6:30 PM
Packet Pg. 52