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11-03-2016 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 you require special assistance to participate in this meeting, please call the City Clerk's office at (909) 824-221 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 Secretary. Any documents provided to a majority of the planning Commission regarding any item on this agendawill 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¨¨¨ Commissioner Jeffrey Allen¨¨¨ Commissioner Tara Ceseña¨¨¨ Commissioner Edward A. Giroux¨¨¨ CommissionerGregory A. Goatcher¨¨¨ PRESENTATION Don Hough, General Manager of Riverside Highland Water Company. City of Grand TerracePage 1 AgendaGrand Terrace Planning CommissionNovember 3, 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 Planning and Development Services 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 Special Meeting 08/25/2016 DEPARTMENT: CITY CLERK 2. Approval of Minutes Regular Meeting 09/01/2016 DEPARTMENT: CITY CLERK 3. Approval of Minutes Regular Meeting 09/15/2016 DEPARTMENT: CITY CLERK B.ACTION ITEMS 4. Selection of Planning Commission Chair and Vice-Chair for Fiscal Year 2016-2017 RECOMMENDATION: Select a Planning Commission Chair and Vice Chair for Fiscal Year 2016-2017 DEPARTMENT: PLANNING & DEVELOPMENT SERVICES 5. Findings of Conformance with Government Code Section 65401 RECOMMENDATION: Adopt a RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GRAND TERRACE, DETERMINING THAT THE 5-YEAR CAPITAL IMPROVEMENT PAVING PLAN CONFORMS TO THE GRAND TERRACE GENERAL PLAN PURSUANT TO GOVERNMENT CODE SECTION 65401 DEPARTMENT: PLANNING & DEVELOPMENT SERVICES City of Grand Terrace Page 2 AgendaGrand Terrace Planning CommissionNovember 3, 2016 C.PUBLIC HEARINGS 6. Site and Architectural Review 14-06-A1, Administrative Site and Architectural Review 14-08-A1 and Environmental 14-03-A1, Construction of a Single Family Residence and Second Dwelling Unit RECOMMENDATION: Adopt a RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GRAND TERRACE ADOPTING A NOTICE OF EXEMPTION AND APPROVING SITE AND ARCHITECTURAL REVIEW 14-06-A1, AND ADMINISTRATIVE SITE AND ARCHITECTURAL REVIEW 14-08-A1 TO CONSTRUCT A SINGLE FAMILY RESIDENCE AND A SECOND FAMILY UNIT ON A PARCEL LOCATED AT 11832 and 11834 BURNS AVENUE (APN 0275-282-14) DEPARTMENT: PLANNING & DEVELOPMENT SERVICES 7. Site and Architectural Review (SA) 14-07-A1 and Environmental 14-04-A1: Construction of a Two-Story Single Family Residence on the South of Vivienda Avenue, Approximately 160 Feet West of Burns Avenue RECOMMENDATION: Adopt a RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GRAND TERRACE ADOPTING A NOTICE OF EXEMPTION AND APPROVING SITE AND ARCHITECTURAL REVIEW 14-07-A1 TO CONSTRUCT A SINGLE FAMILY RESIDENCE ON A PARCEL LOCATED SOUTH OF VIVIENDA AVENUE APPROXIMATELY 160 FEET WEST OF BURNS AVENUE (APN 0275-282-20) DEPARTMENT: PLANNING & DEVELOPMENT SERVICES 8. Zoning Code Amendment 15-02 and Specific Plan Amendment 15-01 Regulating Smoke Shops and Tobacco Stores RECOMMENDATION: 1. Continue the 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 3 AgendaGrand Terrace Planning CommissionNovember 3, 2016 D.DISCUSSION ITEMS 9. Report on Code Compliance Activities for FY 2015-2016 RECOMMENDATION: Receive and File the Report. DEPARTMENT: PLANNING & DEVELOPMENT SERVICES E. INFORMATION TO COMMISSIONERS F. INFORMATION FROM COMMISSIONERS ADJOURN Adjourn to the next scheduled meeting of the Site and Architectural Review Board/Planning Commission to be held on November 17, 2016 at 6:30 p.m. than 14 calendar days preceding the meeting. City of Grand Terrace Page 4 A.1 Packet Pg. 5 A.1 Packet Pg. 6 A.1 Packet Pg. 7 A.1 Packet Pg. 8 A.2 Packet Pg. 9 A.2 Packet Pg. 10 A.2 Packet Pg. 11 A.2 Packet Pg. 12 A.2 Packet Pg. 13 A.2 Packet Pg. 14 A.2 Packet Pg. 15 A.3 Packet Pg. 16 A.3 Packet Pg. 17 A.3 Packet Pg. 18 A.3 Packet Pg. 19 B.4 AGENDA REPORT MEETING DATE:November 3, 2016 TITLE:Selection of Planning Commission Chair and Vice-Chair for Fiscal Year 2016-2017 PRESENTED BY:Sandra Molina, Planning & Development Services Director RECOMMENDATION:Select a Planning Commission Chair and Vice Chair for Fiscal Year 2016-2017 2030 VISION STATEMENT: This action supports Our Mission: Topreserveandprotectourcommunityandits exceptionalqualityoflifethroughthoughtfulplanning, withintheconstraintsoffiscally responsiblegovernment. BACKGROUND/DISCUSSION: Municipal Code governs the establishment and operation of the Planning Commission. Members are appointed for four-year terms, and all members ofthe Planning Commission serve at the pleasure of the City Council. On September 13, 2016, the City Council re- and Tara Cesena to new four year terms to expire on June 30, 2020. In addition the Council appointed new Commissioner Gregory Goatcher, to fill the seat vacated by Commissioner Stephens. Pursuant to Section 2.16.040 of Chapter 2.16, at the beginning of each fiscal year, the Planning Commission shall select one of its members to serve as Chair and one of its members to serve as Vice-Chair. Now that the Council has appointed a full Commission, it is appropriate for the Commission to select a Chair and Vice Chair, at this time. ATTACHMENTS: Municode Chapter 2.16 Planning Commission(PDF) APPROVALS: Sandra MolinaCompleted10/23/2016 11:08 AM City AttorneyCompleted10/25/2016 5:09 PM Packet Pg. 20 B.4 Sandra Molina Completed 10/26/2016 8:40 AM Planning Commission Pending 11/03/2016 6:30 PM Packet Pg. 21 B.4.a Attachment: Municode Chapter 2.16 Planning Commission (2051 : Selection of Planning Commission Chair and Vice-Chair for Fiscal Year 2014- Packet Pg. 22 B.5 AGENDA REPORT MEETING DATE:November 3, 2016 TITLE:Findings of Conformance with Government Code Section 65401 PRESENTED BY:Sandra Molina, Planning & Development Services Director RECOMMENDATION:Adopt a RESOLUTION OF THE PLANNING COMMISSION OF THECITY OF GRAND TERRACE, DETERMINING THAT THE 5-YEAR CAPITAL IMPROVEMENT PAVING PLAN CONFORMS TO THE GRAND TERRACE GENERAL PLAN PURSUANT TO GOVERNMENT CODE SECTION 65401 2030 VISION STATEMENT: This staff reports supports Goal #2 Maintain Public Safety by investing in critical infrastructure. BACKGROUND: Last year, the City Council contracted with Interwest Consulting to prepare a pavement management index study. Interwest visually inspected all public streets and street frontages. Based on the field observations, each City street was given a rating based on the street condition. Public Works Director Yanni Demitri took that study and prepared a 5-year Capital Improvement Paving Plan. The Plan is attached to this report. California Government Code Section 6540 agency review major public works improvement programs and report as to the conformity of such programs with the adopted general plan, or part thereof. GENERAL PLAN CONSISTENCY: The proposed 5-year Plan identifies each street and/or street segment that will be maintained for each of the next five fiscal years. Some streets will receive a slurry seal, some a chip seal or an overlay. The 5-year Plan does not identify construction of any new streets. ation Element identifies all streets within the City and classifies them as Collector, Divided Major Highway, Major Highway, Secondary Highway, or Potential Major Highway. All other streets not classified, are considered local streets. The Packet Pg. 23 B.5 maintenance of existing City streets is consistent with the General Plan Circulation Element. ATTACHMENTS: Resolution_GP Conformance Finding (DOC) 5-Year Paving CIP.pdf (PDF) Ex 3-3 CIRCULATION (PDF) APPROVALS: Sandra Molina Completed 10/25/2016 3:37 PM City Attorney Completed 10/25/2016 5:06 PM Sandra Molina Completed 10/26/2016 8:41 AM Planning Commission Pending 11/03/2016 6:30 PM Packet Pg. 24 B.5.a RESOLUTION NO. 2016- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GRAND TERRACE, DETERMINING THAT THE 5-YEAR CAPITAL IMPROVEMENT PAVING PLAN CONFORMS TO THE GRAND TERRACE GENERAL PLAN PURSUANT TO GOVERNMENT CODE SECTION 65401 WHEREAS, the City of Grand Terrace is proposing to adopt a 5-year Capital Improvement Paving Program for the maintenance of existing streets throughout the City; WHEREAS, on April 27, 2010, the City Council of the City of Grand Terrace adopted the Grand Terrace General Plan, including a Circulation Element; WHEREAS, State Government Code Section 65402 stipulates that a local report as to the conformity of such programs with the adopted general plan, or part thereof; WHEREAS, this action qualifies for a categorical exemption pursuant to Section 15301 of the California Environmental Quality Act (CEQA), which exempts repair and maintenance activities to existing facilities involving negligible or no expansion of an existing use; WHEREAS, on November 3, 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. 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 qualifies for a categorical exemption, pursuant to Section 15301 of CEQA. Attachment: Resolution_GP Conformance Finding (2054 : General Plan Conformance Finding - Paving CIP) 3. Based on substantial evidence presented to the Planning Commission during the November 3, 2016, public hearing, including public testimony, and written and oral staff reports, the Planning Commission specifically finds: Packet Pg. 25 B.5.a a.On April 27, 2010,the City Council of the City of Grand Terrace adopted the Grand Terrace General Plan, including a Circulation Element, which identifies all streets within the City and classifies them as Collector, Divided Major Highway, Major Highway, Secondary Highway, or Potential Major Highway. All other streets not classified, are considered local streets. b. The proposed 5-year Capital Improvement Paving Plan proposes routine maintenance activities of existing streets, consistent with the Circulation Element. 4. Based on the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Commission hereby determines that proposed 5-year Capital Improvement Paving Plan conforms to the Grand Terrace General Plan including the Circulation Element, in accordance with State Government Code Section No. 65401. 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, rd California, at a regular meeting held on the 3 day of November, 2016. AYES: NOES: ABSENT: ABSTAIN: ATTEST: __________________________ __________________________ Pat Jacquez-Nares Tom Comstock City Clerk Chairman Attachment: Resolution_GP Conformance Finding (2054 : General Plan Conformance Finding - Paving CIP) Page 2 of 2 Packet Pg. 26 B.5.b Attachment: 5-Year Paving CIP.pdf (2054 : General Plan Conformance Finding - Paving CIP) Packet Pg. 27 B.5.b Attachment: 5-Year Paving CIP.pdf (2054 : General Plan Conformance Finding - Paving CIP) Packet Pg. 28 B.5.b Attachment: 5-Year Paving CIP.pdf (2054 : General Plan Conformance Finding - Paving CIP) Packet Pg. 29 B.5.b Attachment: 5-Year Paving CIP.pdf (2054 : General Plan Conformance Finding - Paving CIP) Packet Pg. 30 B.5.b Annual Paving Project 2018 - 2019 CurrentNew Cost to pave at $3 per PCIPCI Sq. Ft. No.Street NameFromToArea JENSEN CTCDS-WENDOBSERVATION DR4,736. 1 47100$14,208.00 WARBLER AVECARDINAL STVAN BUREN ST15,392. 2 47100$46,176.00 DE SOTO STKINGSTON STDOS RIOS AVE30,656. 3 45100$91,968.00 LARK STREED AVECDS3,904. 4 45100$11,712.00 SISKIN CTPARADISE STCDS12,544. 5 45100$37,632.00 WILLET AVEMAVIS STVAN BUREN ST25,696. 6 45100$77,088.00 DUTCH STPICO STTANAGER ST17,408. 7 44100$52,224.00 VAN BUREN STMICHIGAN AVEREED AVE (S)48,960. 8 44100$146,880.00 DOS RIOS AVEPALM AVECOUNTRY CLUB LN18,400. 9 43100$55,200.00 PALM AVEBOSTICK AVES LA CADENA DR21,664. 10 43100$64,992.00 ROSEDALE AVEPALM AVECL (SOUTH)10,432. 11 43100$31,296.00 ARLISS DRPRESTON STEND12,640. 12 42100$37,920.00 COUNTRY CLUB LNPALM AVEDOS RIOS AVE32,704. 13 42100$98,112.00 MIRADO AVEPICO STLADERA ST36,096. 14 42100$108,288.00 FLAMINGO STMICHIGAN AVECDS8,864. 15$26,592.00 41100 Total$873,000.00 Additional Scope: Repair Damaged Curb & Gutter: 700 L.F. at $40 Per L.F. = $28,000 Perform A.C. Dig-Outs: 700 Sq.Ft. at $20.00 Per Sq. Ft. = $14,000 Restore Striping: Lump Sum for all streets on this list = $20,000 ADA Ramps: 30 at $3,000 EA. = $90,000 Grand Total = $1 Million *** Note: Year 3 would be the last year of the 5-year program unless additional funding is secured over the next 3 years. Attachment: 5-Year Paving CIP.pdf (2054 : General Plan Conformance Finding - Paving CIP) Packet Pg. 31 B.5.b Annual Paving Project 2019 - 2020 CurrentNew Cost to pave at $3 per Sq. Ft. PCIPCI NO.Street NameFromToArea NANDINA STPRESTON STCANARY CT10,240. 1 41100$30,720.00 PALM AVEBARTON RDKINGSTON RD17,664. 2 40100$52,992.00 PASCAL AVEVICTORIA STCARHART AVE18,016. 3 40100$54,048.00 ROYAL AVEPICO STEND18,840. 4 40100$56,520.00 WARBLER AVELA PAIX STDE BERRY ST16,800. 5 40100$50,400.00 BRENTWOOD STMOUNT VERNON AVEHOLLY ST9,770.32 6 39100$29,310.96 MINONA CTMINONA DRCDS10,720. 7 39100$32,160.00 THRUSH STWARBLER AVEORIOLE AVE32,000. 8 39100$96,000.00 HAMPTON CTOBSERVATION DRCDS21,449.54 9 38100$64,348.62 LA PAIX STORIOLE AVEDOS RIOS AVE42,560. 10 38100$127,680.00 MINONA DRMOUNT VERNON AVEKINGSTON ST40,928. 11 38100$122,784.00 ORIOLE AVEVAN BUREN STLARK ST15,488. 12$46,464.00 38100 Total$764,000.00 Additional Scope: Repair Damaged Curb & Gutter: 700 L.F. at $40 Per L.F. = $28,000 Perform A.C. Dig-Outs: 700 Sq.Ft. at $20.00 Per Sq. Ft. = $14,000 Restore Striping: Lump Sum for all streets on this list = $20,000 ADA Ramps: 30 at $3,000 EA. = $90,000 Grand Total = $900,000 Attachment: 5-Year Paving CIP.pdf (2054 : General Plan Conformance Finding - Paving CIP) Packet Pg. 32 B.5.b Annual Paving Project 2020 - 2021 CurrentNew Cost to pave at $3 per Sq. Ft. PCIPCI No.Street NameFromToArea 1$96,096.00 PARADISE STMERLE CTPALM AVE32,032.38100 2$111,552.00 TANAGER STROYAL AVEMICHIGAN AVE37,184.38100 Total$207,000.00 Attachment: 5-Year Paving CIP.pdf (2054 : General Plan Conformance Finding - Paving CIP) Packet Pg. 33 B.5.c Attachment: Ex 3-3 CIRCULATION (2054 : General Plan Conformance Finding - Paving CIP) C.6 AGENDA REPORT MEETING DATE:November 3, 2016 TITLE:Site and Architectural Review 14-06-A1, Administrative Site and Architectural Review 14-08-A1 and Environmental 14- 03-A1, Construction of a Single Family Residence and Second Dwelling Unit PRESENTED BY:Sandra Molina, Planning & Development Services Director RECOMMENDATION:Adopt aRESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GRAND TERRACE ADOPTING A NOTICE OF EXEMPTION AND APPROVING SITE AND ARCHITECTURAL REVIEW 14-06-A1, AND ADMINISTRATIVESITE AND ARCHITECTURAL REVIEW 14-08-A1 TO CONSTRUCT A SINGLE FAMILY RESIDENCE AND A SECOND FAMILY UNIT ON A PARCEL LOCATED AT 11832 and 11834 BURNS AVENUE (APN 0275-282-14) 2030 VISION STATEMENT: This staff report support Goal #3 Promote Economic Development. PROPOSAL: On April 16, 2015, the Planning Commission conducted a public hearing and adopted Resolution 2015-03 approving Site and Architectural Review 14-06 and Administrative Site and Architectural Review 14-08 to construct a single family residence and a second family unit, located at 11832 Burns Avenue. The approval of the adopted resolution expired on April 16, 2016 and a project extension was not filed. The Applicant, Mr. Joab Jerome, is requesting the re-approval of Site and Architectural Review (SA) 14-06-A1 and Administrative Site and Architectural Review (ASA) 14-08- A1 to construct a 1,615 square foot single family residence with two-car garage, and a 1,200 square foot second dwelling unit with a two-car garage on a single parcel. The project site measures 15,621 square feet and is zoned R1-7.2 Single Family with an Agricultural Overlay. The project is located at 11832 and 11834 Burns Street, -282-14. A Letter of Intent is attached. The Applicant is the property owner of the lot directly behind the subject site upon which a single family residence is proposed. SITE AND SURROUNDINGAREA: The site is currently vacant and relatively flat. Burns Avenue is a 60-foot wide local street, it is surrounded by Single Family Residential (R 1-7.2) to the north, south and Packet Pg. 35 C.6 west; and Low Medium Density (R2) to the east, with an Agricultural Overlay District (AG). ANALYSIS: General Plan and Zoning Consistency The proposed single family residence and second family unit conform with the Low Density Residential (LDR) on the General Plan Land Use Map. The site is zoned R1-7.2 Single Family with an Agriculture Overlay District (AG), which is intended for single family residential uses and it permits second family detached units, provided that Chapter 18.69 - Second Family Units zoning requirements have been met. This zone district requires a minimum lot size of 7,200 square feet. The proposed primary residence and second family unit meet applicable setbacks, lot coverage and height requirements. Per Chapter 18.69 - Second Family Units, one of the two dwellings must be occupied by the owner of the property and the second family unit cannot be sold, transferred or assigned separately from the main single-family dwelling. A covenant to restrict the property with the requirements of Chapter 18.69 will be required to be recorded prior to issuance of a building permit. The applicant has stated he will live in one of the two homes. Site Plan/Grading/Improvements The site design conforms to setback, height limits and lot coverage requirements of the R1-7.2 zone. Improvements include a fifteen (15) feet dedication along Burns Avenue and a twenty six (26) feet access easement that runs parallel to the south side of the property, providing access to the property directly behind. The access easement is proposed to be granted to the adjacent lot to the west. As a condition of approval the applicant is required to grant the easements for the benefit of the adjacent property. The project is also proposing six foot masonry walls on the north, south and west, property lines. In accordance with the Zoning Code, the Applicant is required to complete all right-of-way improvements including, but not limited to, pavement, curb, gutter, sidewalk, driveway approaches, street trees and street lights. Landscape Plan Conceptually, there is one landscape plan for both properties; however, the construction plans for this project will require the preparation of an individual landscape and irrigation plan. The conceptual landscape plan shows a combination of trees and ground cover to complement the residences. At the request of Staff and for water conservation purposes, the amount of grass area has been reduced and replaced with mulch. It appears that the total landscape area is less than 5,000 square feet; therefore, the landscape and irrigation plan will be required and landscape improvements are required Packet Pg. 36 C.6 to be installed prior to fi street tree list will also be installed. Architectural Elevations/Floor Plans The architectural elevations for the two residences show two single-story contemporary style homes. The front residence is approximately 1,600 square feet with a 500 square foot garage, three bedrooms and three baths. The second family unit is 1,200 square feet with a 500 square foot garage, two bedrooms and two baths. Each unit has indoor laundry a full kitchen and open dining and living room areas. The applicant is proposing to use brown-tone colors for the two residences. The primary AGENCY REVIEW: The plans were distributed to various agencies for their comments. Conditions of approval related to Building and Safety are included on the memorandum dated August 31, 2016, included in the draft resolution as Exhibit 1. Conditions of approval related to Public Works are included on the memorandum dated September 1, 2016, included in the draft resolution as Exhibit 2. San Bernardino County Fire has reviewed the plans and provided conditions of approval in memorandums, included in the draft resolution as Exhibit 3. The City of Colton has indicated that the previous conditions of approval that they submitted in 2015, are still applicable (attached as Exhibit 4), and Riverside Highland Water Company has reviewed the project and indicated that they can serve it. ENVIRONMENTAL REVIEW: The Project to construct a single-story residence and secondary dwelling unit is categorically exempt per the California Environmental Quality Act, Code of Regulations, Title 14, Section 15332, which exempts infill development when the project is compatible with the General Plan and Zoning Code, is on less than five acres substantially surrounded by urban uses, is devoid of habitat for biological resources, is served by public utilities and services, and there are no impacts to traffic noise, air quality or water quality. A Notice of Exemption has been included for adoption. PUBLIC NOTICE: Public notice was published in the Grand Terrace City News and mailed to property owners within 300 feet of the site. In addition, a copy of the notice was posted in three public places. To date, City staff has not received any comments regarding the proposed Project. Packet Pg. 37 C.6 CONCLUSION: The proposed housing project is consistent with the General Plan Land Use and Zoning Code. The construction of the two residences and proposed landscape will complement and enhance the surrounding area. Therefore, staff recommends that the Planning Commission adopt the attached resolution re-establishing the approval of the project. ATTACHMENTS: Final Planning Commission Resolution_11832 Burns (DOC) Resolution Exhibits (PDF) Letter of Intent (PDF) Notice of Exemption_SA 14-06-A1, ASA 14-08-A1 (DOC) Project Plans (DOC) APPROVALS: Sandra Molina Completed 10/25/2016 3:38 PM City Attorney Completed 10/26/2016 2:35 PM Sandra Molina Completed 10/27/2016 9:37 AM Planning Commission Pending 11/03/2016 6:30 PM Packet Pg. 38 C.6.a RESOLUTION NO. 2016- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GRAND TERRACE ADOPTING A NOTICE OF EXEMPTION AND APPROVING SITE AND ARCHITECTURAL REVIEW 14-06-A1, AND ADMINISTRATIVE SITE AND ARCHITECTURAL REVIEW 14-08-A1 TO CONSTRUCT A SINGLE FAMILY RESIDENCE AND A SECOND FAMILY UNIT ON A PARCEL LOCATED AT 11832 BURNS AVENUE (APN 0275-282-14) WHEREAS, Joab Jerome, represented by Peter Ulloa of Casa Designs, submitted Site and Architectural Review 14-06-A1, Administrative Site and Architectural Review 14-08-A1 and Environmental 14-03-A1, requesting re-approval to construct a 1,615 square foot single family residence, and a 1,200 square foot second dwelling unit on a single parcel. The site is zoned R1-7.2, Low Density Single Family, with an Agricultural Overlay and has a General Plan land use designation of Low Density Residential. WHEREAS, on April 16, 2015, the Planning Commission conducted a duly noticed public hearing and approved Site and Architectural Review 14-06 and Administrative Site and Architectural Review 14-08 to construct the proposed single family residence and a second family unit, with an approval period of twelve (12) months; which has hence expired; WHEREAS, the Project Site measures 15,621 square feet (0.36 acres) and is vacant. WHEREAS, the Project is categorically exempt from the California Environmental Quality Act (CEQA) Guidelines, pursuant to Section 15332, which exempts infill development. WHEREAS, on November 3, 2016, the Planning Commission conducted a duly noticed public hearing on the Project at the Grand Terrace City Council Chambers located at 22795 Barton Road, Grand Terrace, California, 92313 and concluded the hearing on said date. WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred. NOW THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Grand Terrace: 1. The Planning Commission hereby finds that the Project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15332. The Notice of Exemption prepared in connection with the Attachment: Final Planning Commission Resolution_11832 Burns \[Revision 3\] (2036 : Site and Archtectural Review 14-06-A1, Administrative Page 1 of 7 Packet Pg. 39 C.6.a Project has been reviewed and considered and reflects the independent judgment of the Planning Commission, and is hereby adopted. 2. The Planning Commission finds as follows with respect to Architectural and Site Review 14-06-A1, and Administrative Site and Architectural Review 14-08-A1: a. The Project is consistent with the intent of the Grand Terrace Municipal Code and the General Plan. The proposed Project to construct a single family residence is consistent with the Grand Terrace Municipal Code and the General plan in that it meets the standards of the R1-7.2 zoning and -Density Residential category, and the regulations contained in Chapter 18.69 regulating second family units. b. The location and configuration of all structures associated with this Project are visually harmonious with this site and surrounding sites and structures, that they do not interfere with the neighbors' privacy, that they do not unnecessarily block scenic views from other structures and/or public areas and are in scale with the townscape and natural landscape of the area. The design and appearance of the proposed residences are complementary with existing residential development in the City. In addition, the site will be appropriately landscaped to enhance and not detract for any existing development along Burns Avenue. c. The architectural design of structures, their materials and colors are visually harmonious with the surrounding development, natural landforms, are functional for the Project and are consistent with the Grand Terrace Municipal Code. The proposed residences will have a stucco finish with contrasting accent colors. Colors will be earth tone, and the design is complementary to surrounding properties. d. The plan for landscaping and open spaces provide a functional and visually pleasing setting for the structures on this site and is harmonious with the natural landscape of the area and nearby developments. The site will be landscaped with trees and shrubs, and will be visually pleasing. e. There is no indiscriminate clearing of property, destruction of trees or natural vegetation or the excessive and unsightly grading of hillsides, thus the natural beauty of the City, its setting, and natural landforms are preserved. There is no indiscriminate clearing of the lot. The land is relatively flat and will not entail significant grading. f. Conditions of approval for this project necessary to secure the purposes of the Grand Terrace Municipal Code and General Plan are made a part of this approval as set forth in the accompanying Resolution of Approval. Attachment: Final Planning Commission Resolution_11832 Burns \[Revision 3\] (2036 : Site and Archtectural Review 14-06-A1, Administrative Page 2 of 7 Packet Pg. 40 C.6.a 3. The Planning Commission further finds as follows with respect to Administrative Architectural and Site Review 14-08-A1: a. The second family unit is nicely integrated into the site. It is an asset to the property and complements the main residence as well as the surrounding area. b. The second-family unit is clearly subordinate in size, location, appearance and access to the main residence. c. The second-family unit will not be detrimental to the general health, safety, morals, comfort or general welfare of the persons residing within the neighborhood of the proposed unit or injurious to property or improvements in the neighborhood or within the City. BE IT FURTHER RESOLVED that the Project is hereby approved subject to the following conditions: 1. Site and Architectural Review 14-06-A1 and Administrative Site and Architectural Review 14-08-A1 are approved to construct a 1,615 square foot single family residence with garage, and a 1,200 square foot second dwelling unit with garage on a single parcel located at 11832 Burns Avenue. This approval is based on the application and materials submitted on August 14, 2016, including the revised site, floor, grading and landscaping plans and architectural elevations. The Betsy Ross House Brown 2. This approval shall expire twelve (12) months from the date of adoption of this resolution unless the use has been inaugurated or a time extension has been granted by the City, in accordance with Chapter 18.63 of the Zoning Code. Time extensions shall be filed at least sixty (60) days prior to the expiration date. 3. The applicant shall defend, indemnify, and hold harmless the City of Grand Terrace and its officers, employees, and agents from and against any claim, action, or proceeding against the City of Grand Terrace, its officers, employees, or agents to attack, set aside, void, or annul any approval or condition of approval of the City of Grand Terrace concerning this project, including but not limited to any approval or condition of approval of the Planning Commission, or Planning and Development Services Director. The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officers, employees, and agents in the defense of the matter. 4. The project shall be constructed in accordance with all the approved plans and Attachment: Final Planning Commission Resolution_11832 Burns \[Revision 3\] (2036 : Site and Archtectural Review 14-06-A1, Administrative Page 3 of 7 Packet Pg. 41 C.6.a conditions of approval, including but not limited to site plans, grading plans, wall plans, and building elevations, except as modified by these conditions of approval. 5. In the event that exhibits and written conditions are inconsistent, the written conditions shall prevail. 6. The applicant shall pay all applicable development impact fees, and demonstrate the payment of school impact fees to the Building and Safety Department. 7. Construction and operational activities associated with the project shall comply Terrace Municipal Code. 8. All contractors shall acquire a valid City business license and be in compliance with all City codes. 9. The applicant shall comply with all requirements of the City of Grand Terrace Building and Safety, including the conditions of approval contained in the August 31, 2016, attached hereto as Exhibit 1. 10. The applicant shall comply with all requirements of the City of Grand Terrace Public Works Division, including the conditions of approval contained in the September 1, 2016, attached hereto as Exhibit 2. 11. The applicant shall comply with all requirements of the San Bernardino County Fire Department, including the conditions of approval contained in the Fire Condition Letters dated September 6, 2016, identified as Permit No. F201500385 and F201500386 and attached hereto as Exhibit 3. 12. The applicant shall comply with all requirements of the City of Colton Public Works Department, Water and Wastewater Department, dated July 22, 2014, and attached hereto as Exhibit 4. 13. Prior to the issuance of building permits, the applicant shall obtain all requisite permits and clearances from Riverside Highland Water Company (RHWCO). 14. The applicant shall incorporate into the project design all existing easements within the project boundaries, or obtain abandonment of said easements from the affected easement holder(s). If this requirement cannot be accomplished, the project shall be redesigned. 15. The applicant shall submit a utility plan with the final construction plans that depict the locations of utilities necessary to serve the residences. 16. Air conditioning, heating and cooling units shall be ground mounted. Attachment: Final Planning Commission Resolution_11832 Burns \[Revision 3\] (2036 : Site and Archtectural Review 14-06-A1, Administrative Page 4 of 7 Packet Pg. 42 C.6.a 17. The location of all building-mounted light fixtures shall be shown on the elevations. A detail of said fixtures shall be shown on the elevations, and fixtures shall be decorative and complementary to the building architecture. Lighting shall not glare onto adjoining properties and may need to be shielded. 18. The architectural elevations shall be revised to add a keyed color and materials legend, and the architectural elevations shall be keyed to the legend. 19. All exposed retaining walls and perimeter walls shall be decorative, as approved by the Planning and Development Services Department. 20. Prior to issuance of a building permit for any perimeter walls on shared property lines, the applicant shall submit an Encroachment Agreement signed by adjacent property owners authorizing construction of block walls on the shared property line, or move walls onto the subject property. 21. Prior to the issuance of a grading permit, the applicant shall submit a final site plan for review and approval. 22. The applicant shall be responsible for regular and ongoing upkeep and maintenance of the property, including weeds and debris, and all on-site and parkway landscaping shall be maintained by the applicant in good condition at all times. 23. All on-site utilities shall be placed underground, as determined by the Public Works Director. All frontage utilities shall be placed underground, as feasible, in coordination with the utility companies. 24. Prior to the issuance of building permits, the applicant shall two (2) copies of a landscape and irrigation plan to the Planning Division for review and approval by review. The plans shall be prepared in accordance with the Water Efficient Landscape Ordinance. The plans shall include drip and/or subsurface irrigation and all plant material shall be water efficient. Grass area shall be reduced. 25. The applicant shall grant a 26-foot wide access easement to the adjacent property owner of the property identified as A0275-282- 20. The access easement document shall be recorded prior to the issuance of a building permit. The access easement document shall be reviewed and approved by the City Attorney prior to recordation, and all cost for said review shall be borne by the applicant. 26. The applicant shall grant drainage and utility easements to the adjacent property owner of the property identified as A0275-282-20. The drainage and utility easement document(s) shall be recorded prior to the Attachment: Final Planning Commission Resolution_11832 Burns \[Revision 3\] (2036 : Site and Archtectural Review 14-06-A1, Administrative Page 5 of 7 Packet Pg. 43 C.6.a issuance of a building permit. The easement document shall be reviewed and approved by the City Attorney prior to recordation, and all cost for said review shall be borne by the applicant. 27. Prior to issuance of a building permit, a covenant shall be recorded at the Office the requirements of Chapter 18.69 (Second Family Units) of the Grand Terrace Municipal Code. This restriction shall be binding upon any successor in ownership of the property. The covenant shall be reviewed and approved by the City Attorney prior to recordation, and all cost for said review shall be borne by the applicant. The covenant shall, at a minimum, include the following: a. One of the two dwellings, either the primary or second dwelling, shall be occupied by the owner of the property. b. The second family unit may be rented but shall not be sold, transferred or assigned separately from the main single-family dwelling. c. If one of the two dwellings is no longer owner occupied for any period longer than 60 days, the dwelling shall be converted to accessory living quarters or a guest house, and kitchen facilities shall be removed. d. The second-family unit may be rented but shall not be sold, transferred or assigned separately from the main single-family dwelling. 28. The applicant shall contact the Planning Division for a final inspection a minimum one week prior to the inspection date requested. 29. Upon approval of these conditions and prior to becoming final and binding, the and content shall be prepared by the Planning and Development Department. PASSED AND ADOPTED by the Planning Commission of the City of Grand Terrace, rd California, at a meeting held on the 3 day of November, 2016. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Attachment: Final Planning Commission Resolution_11832 Burns \[Revision 3\] (2036 : Site and Archtectural Review 14-06-A1, Administrative Page 6 of 7 Packet Pg. 44 C.6.a __________________________ __________________________ Pat Jacquez-Nares Tom Comstock City Clerk Chairman Attachment: Final Planning Commission Resolution_11832 Burns \[Revision 3\] (2036 : Site and Archtectural Review 14-06-A1, Administrative Page 7 of 7 Packet Pg. 45 C.6.b EXHIBIT 1 Building and Safety Conditions of Approval Date:August 31, 2016 Applicant:Joab Jerome Address of Applicant:11660 Church St, # 710 RCH, CA 91730 Site Location:11832 Burns Avenue, Grand Terrace, CA. proposed single family residentsand second dwelling unit. APN:0275-282-14 Provide four(4)sets of construction plans and documentation for plan review of the proposed project. Below you will find a list of the plans and documents Building and Safety will need forplan review. The initial plan review will take approximately two weeks on most projects. Provide the following sets of plans and documents. Building and Safety submittal’s required at first plan review. (4)Architectural Plans (4)Structural Plans (2)Structural Calculations (4)Plot/Site Plans (4)Electrical Plans (4)Electrical Load Calculations (4) Plumbing Plans/Isometrics, Water, Sewer and Gas (4)Mechanical Plans (4)Mechanical Duct Layout Plans (2)Roof and Floor Truss Plans (2)Title 24 Energy Calculations (4)Rough and Precise Grading Plans (2)Water Quality Management Plan, (WQMP) and Erosion Control Plan. (2)Stormwater Pollution Prevention Plan Building & Safety General Information All structures shall be designed in accordance with the 2013California Building Code, 2013California Mechanical Code, 2013California Plumbing Code, and the 2013 Attachment: Resolution Exhibits \[Revision 1\] (2036 : Site and Archtectural Review 14-06-A1, Administrative Site and Architectural Review 14- Packet Pg. 46 C.6.b EXHIBIT 1 Building and Safety Conditions of Approval California Electrical Code, 2013Residential Code and the 2013California Green Buildings Standardsadopted by the State of California. If the project building plans are submitted after January 1, 2017 the buildings will need to be designed to the 2016 California Code of Regulations. The Developer/Owner is responsible for the coordination of the final occupancy. The Developer/Owner shall obtain clearances from each department and division prior to requesting a final building inspection from Building & Safety. Each agency shall sign the bottom of the Building & Safety Job Card. Building & Safety inspection requests can be made twenty four (24) hours in advance for next day inspection. Please contact 909-825-3825. You may also request inspections at the Building & Safety public counter. All construction sites must be protected by a security fenceand screening. The fencing and screening shall be maintained at all times to protect pedestrians. Temporary toilet facilities shall be provided for construction workers.The toiletfacilities shall be maintained in a sanitary condition. Construction toilet facilities of the non sewer type shall conform toANSI ZA.3. Construction projects which requiretemporary electrical power shall obtain an Electrical Permit from Building & Safety. No temporary electrical power will be granted to a project unless one of the following items isin place and approved by Building & Safety and the Planning Department. (A)Installation of a construction trailer,or, (B)Security fenced area where the electrical power will be located. Installation of construction/sales trailers must be located on private property. No trailers can be located in the public street right of way. Separate plan submittals and permits are required for all accessory structures;example would bepatios, block walls, and storage buildings. Pursuant to the California Business and Professions Code Section 6737, most projects are required to be designed bya California Licensed Architect or Engineer. The project owner or developer should review the section of the California Codes and comply with the regulation. Attachment: Resolution Exhibits \[Revision 1\] (2036 : Site and Archtectural Review 14-06-A1, Administrative Site and Architectural Review 14- Packet Pg. 47 C.6.b EXHIBIT 1 Building and Safety Conditions of Approval Building & SafetyConditions Prior to the issuance of a building permit, the applicant shall pay all Development Improvement Fee’s tothe City; this alsoincludesschool feesand outside agency feessuch as sewer water and utilities. Copies of receipts shall be provided to Building & Safety prior to permit issuance. All on site utilities shall be underground to the new proposed structureunless prior approval has been obtained by the utility company or the City. Prior to issuanceof Building Permits, on site water service shall be installed and approved by the responsible agency. On site fire hydrants shall be approved by the Fire Department. No flammable materials will be allowed on the site until the fire hydrants are established and approved. Prior to issuance of building permits, site grading certification and pad certifications shall be submitted to Building & Safety. Prior to concrete placement, submit a certification for the finish floor elevation and set backs of the structures. The certification needs to reflect that the structure is in conformance with the Precise Grading Plans. Compaction reports shall accompany pad certifications.The certifications are required to be signed by the engineer of record. Prior to issuance of building permits, provide Building & Safety with a will service letter from Riverside Highland Water District. All construction projects shall comply with the National Pollutant Discharge Elimination Systems (NPDES), and the San Bernardino County MS-4 Storm Water Permit. Provide civil engineering drawings for dedication of 15 foot of right of way and all public right of way improvementsincluding curb, gutter and half street width improvements. Civil engineering drawings and dedication shall be submitted to Building & Safety to be check by the City Engineer and recorded with the County Recorder’s office before permits are issued. Depending on the location of the curb and gutter, the utilities located in the public right of way in front of the property, north side of street, may need to be relocated.Please contact Edison and the telephone/cable company to determine the desired location for the utilities. Attachment: Resolution Exhibits \[Revision 1\] (2036 : Site and Archtectural Review 14-06-A1, Administrative Site and Architectural Review 14- Packet Pg. 48 C.6.b EXHIBIT 2 Public Works Conditions of Approval Date:September 1, 2016 Applicant:Joab Jerome Address of Applicant:11660 Church St, # 710 RCH, CA 91730 Site Location:Burns Ave –Grand Terrace –Single Family Residenceand Second Dwelling Unit APN 0275-282-14 Provide construction plans and required documentation for review of the proposed project as follows: (1)Grant Deed showing all easements. (1)Street Water Utility Plans. (1)Street Improvement Plans prepared by a licensed Civil Engineer. (1)Tentative Tract Map Plans (1)Sewer Plan Sheets (1)Rough and Precise Grading Plans (1)Erosion Control Plan (1)Soils,Hydrology, and HydraulicsReports All work performed in the public right of way shall comply with the San Bernardino County Public Works Standardsor standards approved by the Public Works Director. All construction sites must be protected by a security fenceand screening. The fencing and screening shall be maintained at all times to protect pedestrians. Toilet facilities shall be provided for construction workers and such facilities shall be maintained in a sanitary condition. Power poles along frontage of property must be underground. Special Conditions: 1.Street cut permits are required before work begins in the public right of way.A street cut deposit will be collected for each street cut and held for two years. Attachment: Resolution Exhibits \[Revision 1\] (2036 : Site and Archtectural Review 14-06-A1, Administrative Site and Architectural Review 14- Packet Pg. 49 C.6.b EXHIBIT 2 Public Works Conditions of Approval 2.The applicant shall dedicate and construct all missing or damaged public improvements. The missing or damaged public improvements shall include, but are not limited to, pavement, curb, gutter, sidewalk, driveway approach, and one (1) street light. 3.Provide half street width paving overlay after utility installationsonthe entire length of the project.Minimum 2 inch asphalt overlay with an asphalt grind. All Grindings shall be recycled. 4.The Applicant shall submit proposed sewer plans to the City of Colton for plan review. Applicant shall pay all plan review fees and permit fees for the sewer review to the City of Colton. Please provide a written “Will Serve” letter and approved sewer plans to the City of Grand Terrace before any permits are issued. 5.The applicant shall submit proposed water plans to the Riverside Highland Water Company for plan review. Applicant shall pay all plan review fees and permit fees for the water review to Riverside Highland Water Company.Please provide a written “Will Serve”letter and approved plans to the City of Grand Terrace before any permits are issued. 6.Provide 15-foot right of way dedication along the entire frontageof the property and provide paving, curb,gutter, sidewalk, street light, signage and stripping and repave to a half width street improvement. Street improvements will be required to extend beyond the frontage of the project to blend the street flows for drainage and traffic. 7.Minimum driveway grades shall be consistent with San Bernardino County Standard 131. Riverside County Standard driveway approach can also be used. 8.Monumentation: If any activity on this project disturbsanysurvey monuments, the disturbed monumnetation shall be located andreferenced by or under the direction of a licensed land surveyor or a registered civil engineer authorized to practice land surveying prior to commencement of any activity with the potential to disturb the monumnetation, and a corner record or record of survey of the references shall be filled with the County. 9.A blockwall is required around the perimeter of the property. 10.All existing and proposed easements must be shown on improvement plans. 11.Provide a street light at the ingress to the property. 12.Provide a typical cross section of proposed improvements along the frontage of property. 13.Provide a profile for the driveway showing all utility lines to verify minimum cover. Attachment: Resolution Exhibits \[Revision 1\] (2036 : Site and Archtectural Review 14-06-A1, Administrative Site and Architectural Review 14- Packet Pg. 50 C.6.b EXHIBIT 2 Public Works Conditions of Approval 14.Provide a detailedlandscape plan for the frontage of the property. Ensure that no landscaping grows taller than 3-feet in height for visibility. 15.Best Management Practices (BMPs) are required for new developments larger than 10,000 sq.ft. Please show BMPs for rain run-off on-site. 16.All new improvements within the Public Right of Way shall be annexed into the Lighting & Landscape Assessment District. This includes streetlight, landscape, etc. Attachment: Resolution Exhibits \[Revision 1\] (2036 : Site and Archtectural Review 14-06-A1, Administrative Site and Architectural Review 14- Packet Pg. 51 C.6.b Attachment: Resolution Exhibits \[Revision 1\] (2036 : Site and Archtectural Review 14-06-A1, Administrative Site and Architectural Review 14- Packet Pg. 52 C.6.b Attachment: Resolution Exhibits \[Revision 1\] (2036 : Site and Archtectural Review 14-06-A1, Administrative Site and Architectural Review 14- Packet Pg. 53 C.6.b Attachment: Resolution Exhibits \[Revision 1\] (2036 : Site and Archtectural Review 14-06-A1, Administrative Site and Architectural Review 14- Packet Pg. 54 Attachment: Resolution Exhibits \[Revision 1\] (2036 : Site and Archtectural Review 14-06-A1, C.6.b Packet Pg. 55 Attachment: Resolution Exhibits \[Revision 1\] (2036 : Site and Archtectural Review 14-06-A1, C.6.b Packet Pg. 56 Attachment: Resolution Exhibits \[Revision 1\] (2036 : Site and Archtectural Review 14-06-A1, C.6.b Packet Pg. 57 C.6.b City of Colton Public Works Department Water & Wastewater Division PROPERTY OWNER’S ACKNOWLEDGEMENT FORM NOTE TO APPLICANT:Uijt!gpsn!nvtu!cf!tjhofe!boe!sfuvsofe!up!uif!Fohjoffsjoh!Efqbsunfou!qsjps! !up!jttvbodf!pg!boz!Djuz!pg!Dpmupo!Qfsnjut! DJ ate: uly 22, 2014 Minor Site Plan Review Application No. W00-000-083 Site Address 11832 Burns Avenue, Grand terrace, CA 92313 APN:0275-282-14 Owner: Jerome Financial Services PROJECT DESCRIPTION Sewer Service Lateral Connection REQUIREMENTS a)se. All sewer connections and service installations shall be installed by a contractor possessing an “A” licen Separate sewer lateral connection shall be installed for each dwelling unit. b) c)The Contractor shall mark the location of the sewer lateral services with a stamped “S” on the curb. d)The minimum size of sewer lateral shall be 4-inch. e)All sewer laterals shall be extra strength vitrified clay pipe (VCP) or PVC SDR35 per City Std. # 312. f)The sewer lateral shall be terminated at the property line by means of a sewer cleanout. Provide sewer cleanout at property line per City Std. 308. g)The minimum slope shall be 2% (¼ inch per foot) from the sewer main to property line. h)Trench repair shall be done per City of Colton Standard Drawing. No. 124a. i)Location of sewer laterals may not be in the way of driveway approach. j) Owner and Contractor are responsible for complying with National Pollutant Discharge Elimination System Ordinance, during and after construction. k)The City Engineer may require other information deemed necessary. l)No final inspection will be performed until all Engineering Department requirements pertaining thereto are in compliance. CONDITIONS OF APPROVAL Applicant shall comply with all requirements by the City of Colton. Sewer service permit will be supplied to the proposed development upon completion of all necessary approved system connections and upon satisfactory arrangement of all financial matters with the City. If you need further information you may contact the Engineering Department at (909) 370-5551. FEES Land Use > > Single Family Residential UNIT ITEMUNITQTYCOST FEE Residential Users-Wastewater Capacity Charge 1 $2,800.00 $ 2,800.00 Units Inspection (Manholes and Cleanouts) EA1 $40.00 $ 40.00 Inspection for Sanitary sewers($30 + $.20 LF) 1 $40.00 $ 40.00 EA TOTAL FEE $ 2,880.00 Attachment: Resolution Exhibits \[Revision 1\] (2036 : Site and Archtectural Review 14-06-A1, Administrative Site and Architectural Review 14- Page1 of 2 Packet Pg. 58 C.6.b PROPERTY OWNER’S ACKNOWLEDGEMENT I / We, the legal property owner(s) of the above-noted property, acknowledge the Engineering Department Condition(s) of Approval as set forth by the City Engineer, and hereby agree to meet and satisfy said conditions prior to receipt of final approval of the project. I / We further acknowledge and understand that the Certificate of Occupancy will NOT be issued until these conditions have been met, inspected and approved by the Engineering Department. The Engineering Department Site Plan Minor Review process will NOT be complete nor approved until this acknowledgement document has been signed by the Property Owner and returned to the Engineering Department. Date: By: (property owners) 7/22/14 js Attachment: Resolution Exhibits \[Revision 1\] (2036 : Site and Archtectural Review 14-06-A1, Administrative Site and Architectural Review 14- Page2 of 2 Packet Pg. 59 Attachment: Letter of Intent (2036 : Site and Archtectural Review 14-06-A1, Administrative Site and C.6.c Packet Pg. 60 C.6.d CITY OF GRAND TERRACE NOTICE OF EXEMPTION TO: Clerk of the Board of Supervisors FROM: Community Development County of San Bernardino Department nd 385 N. Arrowhead Avenue, 2 Floor City of Grand Terrace San Bernardino, CA 92415-0130 22795 Barton Road Grand Terrace, CA 92313 Project Title: Site and Architectural Review 14-06-A1, Administrative Site and Architectural Review 14-08-A1 and Environmental 14-03-A1 Project Location Specific: The project is located at 11832 and 11834 Burns Avenue in the County of San Bernardino, APN: 0275-282-14 Description of Project: Construction a 1,615 square foot single family residence, and a 1,200 square foot second dwelling unit on a single parcel. Name of Public Agency Approving Project: Grand Terrace Planning Commission Name of Person or Agency Carrying out Project: Mr. Joab Jerome Exempt Status: California Code of Regulations, Title 14, Section 15332, Infill Development Projects Reasons Why Project is Exempt: The project meets the requirements of Section 15332, which exempts infill projects when the project is compatible with the General Plan and Zoning Code, is on less than five acres substantially surrounded by urban uses; has no value as habitat for rare, endangered, or threatened species; the site is adequately served by public utilities and services; and there are no significant impacts to traffic noise, air quality or water quality. Lead Agency or Contact Person: Area Code/Telephone (909) 430-2225 ______________________________ _________________ Sandra Molina Date Community Development Director Attachment: Notice of Exemption_SA 14-06-A1, ASA 14-08-A1 (2036 : Site and Archtectural Review 14-06-A1, Administrative Site and C:\\users\\jlambarena\\appdata\\local\\temp\\minutetraq\\grandterracecityca@grandterracecityca.iqm2.com\\work\\attachments\\3664.doc 22795 Barton Road, Grand Terrace, California, 92313-5295 909/824-6621 Fax 909/783-2600 Packet Pg. 61 C.6.e Project Plans are Available for Review during City Business Hours at: City of Grand Terrace Planning and Development Services Department 22795 Barton Road Grand Terrace, CA 92313 909-824-6621- Extension 247 Attachment: Project Plans (2036 : Site and Archtectural Review 14-06-A1, Administrative Site and Architectural Review 14-08-A1) C:\\users\\jlambarena\\appdata\\local\\temp\\minutetraq\\grandterracecityca@grandterracecityca.iqm2.com\\work\\attachments\\3676.doc 22795 Barton Road, Grand Terrace, California, 92313-5295 909/824-6621 Fax 909/783-2600 Packet Pg. 62 C.7 AGENDA REPORT MEETING DATE:November 3, 2016 TITLE:Site and Architectural Review (SA) 14-07-A1 and Environmental 14-04-A1: Construction of a Two-Story Single Family Residence on the South of Vivienda Avenue, Approximately 160 Feet West of Burns Avenue PRESENTED BY:Sandra Molina, Planning & Development Services Director RECOMMENDATION:Adopt a RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GRAND TERRACE ADOPTING A NOTICE OF EXEMPTION AND APPROVING SITE AND ARCHITECTURAL REVIEW 14-07-A1 TO CONSTRUCT A SINGLE FAMILY RESIDENCE ON A PARCEL LOCATED SOUTH OF VIVIENDA AVENUE APPROXIMATELY 160 FEET WEST OF BURNS AVENUE (APN 0275-282-20) 2030 VISION STATEMENT: This staff report support Goal #3 Promote Economic Development. BACKGROUND: On May 7, 2015, the Planning Commission approved Site and Architectural Review 14- 07 approving the construction of a two story, 3,612 square foot custom home with an 866 square foot attached three-car garage and a 2,706 square foot attached RV garage on a 28,076 square footlot. As the Commission may recall, the proposed residence received opposition from the surrounding neighbors citing privacy issues due to the two stories. The Applicant, Mr. Joab Jerome, revised the plans to show a glass enclosure of a second story outdoor deck and the installation of Cherry trees along the north boundary. submitted construction and grading plans for technical review; however, the 12-month approval has lapsed. The applicant, Mr. Joab Jerome, has submitted an application requesting that the Commission re-approve his proposed Project. PROPOSAL: The Applicant has submitted Site and Architectural Review 14-07-A1 and Environmental Review 14-04-A1 requesting approval of the new two story residence. The Project description has not changed since its original approval. The Project includes construction of a story, 3,612 square foot custom home with an 866 square foot Packet Pg. 63 C.7 attached three-car garage and a 2,706 square foot attached RV garage on a 28,076 square foot lot. The Project Site is zoned R1-7.2, Single Family Residential, with an Agricultural (AG) Overlay and is located The project is located south of Vivienda Avenue, approximately 160 feet west of Burns Avenue, APN: 0275-282-20. A Lettter of Intent is attached. Mr. Jerome also owns the adjacent lot that fronts on Burns Avenue, identified as 11832 Burns Avenue. The Applicant is still proposing to construction a single family residence with a second dwelling unit on the property located at 11832 Burns Avenue. SITE AND SURROUNDING AREA: The site is currently vacant and is surrounded by single family homes and vacant lots on both sides of Burns Avenue. The surrounding area is zoned R1-7.2 Single Family Residential (single family residential minimum 7,200 square feet), with an Agricultural (AG) Overlay District. ANALYSIS: General Plan and Zoning Consistency The subject site is located in the Low Density Residential category of the General Plan. It is zoned R1-7.2 Single Family with an Agricultural (AG) Overlay designation. The proposed single family residence conforms to the General Plan land use and Zoning designations which are intended for single family residential uses. The square foot lot meets the minimum lot size requirements and the placement of the home meets required structural setbacks. Site Plan/Grading Plan The lot does not have direct access to Burns Avenue, and ingress and egress will be provided through a proposed 26-foot wide access easement on the south side of the adjacent lot to the east. Easements for drainage and utilities through the adjacent property are also required. These easements must be obtained and recorded prior to issuance of building permits. The site design conforms to setback, height limits and lot coverage requirements of the R1-7.2 zone. Improvements include stucco six foot masonry walls on the north, south, east, and west property lines. In accordance with the Zoning Code, the Applicant is required to complete all right-of-way improvements including, but not limited to, pavement, curb, gutter, sidewalk, driveway approaches, street trees and street lights. On the very northeast corner of the site is a 10 foot wide easement granted to 11818 Burns Avenue. It appears it is for maintenance purposes and there is a structure on 11818 Burns which is close to the shared property line. The construction of the residence does not appear to obstruct the use of the easement. Packet Pg. 64 C.7 Architectural Elevations/Floor Plans The elevations show a two-story contemporary style home. The front, rear, and side yards of the residence are accented with architectural enhancements and fascia trim along with a complementing color scheme for the stucco and roof tiles. The attached oversize recreational vehicle garage is of the same architectural style of the main residence. The floor plans show one master bedroom and three bedrooms. The plans also include a dedicated office, kitchen and open dining and living room areas. The architectural elevations and floor plans were revised, pursuant to the May 7, 2015, and privacy glass. The applicant will either install tinted glass or frosted glass. The applicant is proposing to use gray-tone colors for the residence. The primary color Landscape Plan On May 7, 2015, the Commission approved revised landscape plans for the Project. The revised plan showed Carolina Laurel Cherry trees along the north boundary. The conceptual landscape plan shows the Cherry trees, and this requirement is still in the proposed conditions of approval. In accordance with City codes, all planting must be water efficient. AGENCY REVIEWS: The reviewing agencies were contacted regarding the re-application. The Building and Safety Division, Public Works Department and San Bernardino County Fire have provided updated Conditions of Approval, and they are included in the Resolution. The City of Colton has indicated that the previous conditions of approval that they submitted in 2015, are still applicable, and Riverside Highland Water Company has reviewed the project and indicated that they can serve it. ENVIRONMENTAL REVIEW: The project to construct a single-story residence and garage is categorically exempt per the California Environmental Quality Act, Code of Regulations, Title 14, Section 15303, (a) which exempts construction of one single-family residences. A Notice of Exemption has been included for adoption. PUBLIC NOTICE: Public notice of the pending application was published in the Grand Terrace City News, Packet Pg. 65 C.7 posted, and mailed to property owners within 300 feet of the site, a minimum of 10 days prior to the hearing date. To date, staff has not received any communications related to the Project. CONCLUSION: The proposed residence is consistent with the General Plan land use and Zoning designations. The Project plans include the modified the architectural, floor and landscape plans as directed by the Planning Commission in 2015. Therefore, based on the findings contained in the attached Resolution, staff recommends adoption of the Resolution approving the Project. ATTACHMENTS: PC Resolution_SA 14-07-A1 (DOC) Letter of Intent_SA 14-07-A1.pdf (PDF) Resolution Exhibits_14-07-A1.pdf (PDF) Notice of Exemption_SA 14-07-A1 (DOC) Review of Project Plans (DOC) APPROVALS: Sandra Molina Completed 10/25/2016 11:47 AM City Attorney Completed 10/26/2016 2:55 PM Sandra Molina Completed 10/27/2016 9:24 AM Planning Commission Pending 11/03/2016 6:30 PM Packet Pg. 66 C.7.a RESOLUTION NO. 2016- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GRAND TERRACE ADOPTING A NOTICE OF EXEMPTION AND APPROVING SITE AND ARCHITECTURAL REVIEW 14-07-A1 TO CONSTRUCT A SINGLE FAMILY RESIDENCE ON A PARCEL LOCATED SOUTH OF VIVIENDA AVENUE APPROXIMATELY 160 FEET WEST OF BURNS AVENUE (APN 0275-282-20) WHEREAS, Mr. Joab Jerome, represented by Peter Ulloa of Casa Designs, submitted Site and Architectural Review 14-07-A1 and Environmental 14-04-A1, requesting re-approval to construct a two story 3,612 square foot single family residence with an attached 816 square foot garage and attached 2,700 square foot RV garage on a single parcel. The site is zoned R1-7.2, Low Density Single Family, with an Agricultural Overlay and has a General Plan land use designation of Low Density Residential; WHEREAS, on May 7, 2015, the Planning Commission conducted a duly noticed public hearing and approved Site and Architectural Review 14-07 to construct the proposed residence, with an approval period of twelve (12) months; which has hence expired; WHEREAS, the Project Site is proposed on a vacant lot measuring 28,308 square feet (0.65 acres). WHEREAS, the Project is categorically exempt from the California Environmental Quality Act (CEQA) Guidelines, pursuant to Section 15303, which exempts construction of a new single family residence. WHEREAS, on November 3, 2016, the Planning Commission conducted a duly noticed public hearing on the Project at the Grand Terrace City Council Chambers located at 22795 Barton Road, Grand Terrace, California, 92313 and concluded said hearing on that date; and WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred. Attachment: PC Resolution_SA 14-07-A1 (2037 : Site and Architectural Review 14-07-A1) NOW THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Grand Terrace: 1. The Planning Commission hereby finds that the Project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15303. The Notice of Exemption prepared in connection with the Page 1 of 6 Packet Pg. 67 C.7.a Project (E 14-04-A1) has been reviewed and considered and reflects the independent judgment of the Planning Commission, and is hereby adopted. 2. The Planning Commission finds as follows with respect to Architectural and Site Review 14-07-A1: a. The Project is consistent with the intent of the Grand Terrace Municipal Code and the General Plan. The proposed Project to construct a single family residence is consistent with the Grand Terrace Municipal Code and the General plan in that it meets the standards of the R1-7.2 zoning and -Density Residential category. b. The location and configuration of all structures associated with this Project are visually harmonious with this site and surrounding sites and structures, that they do not interfere with the neighbors' privacy, that they do not unnecessarily block scenic views from other structures and/or public areas and are in scale with the townscape and natural landscape of the area. The design and appearance of the proposed single family residence is complementary with existing residential development in the City. In addition, the site will be appropriately landscaped to enhance and not detract for any existing development along Burns Avenue. c. The architectural design of structures, their materials and colors are visually harmonious with the surrounding development, natural landforms, are functional for the Project and are consistent with the Grand Terrace Municipal Code. The proposed two story residence will have a stucco finish with contrasting accent colors. Colors will be earth tone, and the design is complementary to surrounding properties. d. The plan for landscaping and open spaces provide a functional and visually pleasing setting for the structures on this site and is harmonious with the natural landscape of the area and nearby developments. The site will be landscaped with trees and shrubs, and will be visually pleasing. e. There is no indiscriminate clearing of property, destruction of trees or natural vegetation or the excessive and unsightly grading of hillsides, thus the natural beauty of the City, its setting, and natural landforms are preserved. The subject site is a vacant residential lot. Attachment: PC Resolution_SA 14-07-A1 (2037 : Site and Architectural Review 14-07-A1) f. Conditions of approval for this project necessary to secure the purposes of the Grand Terrace Municipal Code and General Plan are made a part of this approval as set forth in the accompanying Resolution of Approval. Page 2 of 6 Packet Pg. 68 C.7.a BE IT FURTHER RESOLVED that Site and Architectural Review area hereby approved subject to the following conditions: 1. Site and Architectural Review 14-07-A1 is approved to construct a new two story 3,612 square foot single family residence with an attached 816 square foot garage and attached 2,700 square foot RV garage on a single parcel. The project site measures 28,308 sq. ft. (0.65 acres), and is zoned R1-7.2, Single Family Residential District, within the AG Agricultural Overlay District. This approval is based on the application and materials submitted on August 17, 2016, including the site, floor, grading and landscaping plans and architectural elevations. The The roof will be asphalt composition shi 2. This approval shall expire twelve (12) months from the date of adoption of this resolution unless the use has been inaugurated or a time extension has been granted by the City, in accordance with Chapter 18.63 of the Zoning Code. Time extensions shall be filed at least sixty (60) days prior to the expiration date. 3. The applicant shall defend, indemnify, and hold harmless the City of Grand Terrace and its officers, employees, and agents from and against any claim, action, or proceeding against the City of Grand Terrace, its officers, employees, or agents to attack, set aside, void, or annul any approval or condition of approval of the City of Grand Terrace concerning this project, including but not limited to any approval or condition of approval of the Planning Commission, or Planning and Development Services Director. The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officers, employees, and agents in the defense of the matter. 4. The project shall be constructed in accordance with all the approved plans and conditions of approval, including but not limited to site plans, grading plans, wall plans, and building elevations, except as modified by these conditions of approval. 5. In the event that exhibits and written conditions are inconsistent, the written conditions shall prevail. Attachment: PC Resolution_SA 14-07-A1 (2037 : Site and Architectural Review 14-07-A1) 6. The applicant shall pay all applicable development impact fees, and demonstrate the payment of school impact fees to the Building and Safety Department. 7. Construction and operational activities associated with the project shall comply Terrace Municipal Code. Page 3 of 6 Packet Pg. 69 C.7.a 8. All contractors shall acquire a valid City business license and be in compliance with all City codes 9. The applicant shall comply with all requirements of the City of Grand Terrace Building and Safety Division, including the conditions of approval contained in the memorandum dated August 31, 2016, attached hereto as Exhibit 1. 10. The applicant shall comply with all requirements of the City of Grand Terrace Public Works Department, including the conditions of approval contained in the September 1, 2016, attached hereto as Exhibit 2. 11. The applicant shall comply with all requirements of the San Bernardino County Fire Department, including the conditions of approval contained in Fire Condition Letter dated September 6, 2016, attached hereto as Exhibit 3. 12. The applicant shall comply with all requirements of the City of Colton Water and Wastewater Department, including the conditions of approval contained in the July 22, 2014, attached hereto as Exhibit 4. 13. Prior to the issuance of building permits, the applicant shall obtain all requisite permits and clearances from Riverside Highland Water Company (RHWCO). 14. The applicant shall incorporate into the project design all existing easements within the project boundaries, or obtain abandonment of said easements from the affected easement holder(s). If this requirement cannot be accomplished, the project shall be redesigned. 15. Air conditioning, heating and cooling units shall be ground mounted. 16. The location of all building-mounted light fixtures shall be shown on the elevations. A detail of said fixtures shall be shown on the elevations, and fixtures shall be decorative and complementary to the building architecture. Lighting shall not glare onto adjoining properties and may need to be shielded. 17. The applicant shall submit a utility plan with the final construction plans that depict the locations of utilities necessary to serve the residences. 18. All exposed retaining walls and perimeter walls shall be decorative, as approved Attachment: PC Resolution_SA 14-07-A1 (2037 : Site and Architectural Review 14-07-A1) by the Planning and Development Services Department. 19. Prior to issuance of a building permit for any perimeter walls on shared property lines, the applicant shall submit an Encroachment Agreement signed by adjacent property owners authorizing construction of block walls on the shared property line, or move walls onto the subject property. Page 4 of 6 Packet Pg. 70 C.7.a 20. Prior to issuance of a grading permit, the applicant shall submit a final site plan for review and approval. 21. The applicant shall be responsible for regular and ongoing upkeep and maintenance of the property, including weeds and debris, and all on-site and parkway landscaping shall be maintained by the applicant in good condition at all times. 22. All on-site utilities shall be placed underground, as determined by the Public Works Director. All frontage utilities shall be placed underground, as feasible, in coordination with the utility companies. 23. Prior to the issuance of building permits, the applicant shall two (2) copies of a landscape and irrigation plan to the Planning Division for review and approvalby the Ci. The plans shall be prepared by in accordance with the Water Efficient Landscape Ordinance. The plans shall include drip and/or subsurface irrigation and all plant material shall be water efficient. Grass area shall be reduced. a. The landscape plan shall incorporate the planting of Carolina laurel cherry trees along the north boundary. The trees shall be planted a maximum of 10 feet on center, and shall be a combination of 15 gallon and 24-inch box trees, as determined by the Planning and Development Services Director. 24. The applicant shall obtain a 26-foot wide access easement from the property owner of the property identified as A75-282-14. The access easement document shall be recorded prior to the issuance of a building permit. The access easement document shall be reviewed and approved by the City Attorney prior to recordation, and all cost for said review shall be borne by the applicant. 25. The applicant shall obtain drainage and utility easements from the property owner of the property identified as A 0275-282-14. The drainage and utility easement document(s) shall be recorded prior to the issuance of a building permit. The easement document shall be reviewed and approved by the City Attorney prior to recordation, and all cost for said review shall be borne by the applicant. 26. Commercial vehicles and equipment shall not be stored on the site or within the Attachment: PC Resolution_SA 14-07-A1 (2037 : Site and Architectural Review 14-07-A1) garages of the property. 27. Correct the address from 11832 Burns Avenue to 11838 Burns Avenue. 28. The applicant shall contact the Planning Division for a final inspection a minimum one week prior to the inspection date requested. Page 5 of 6 Packet Pg. 71 C.7.a 29. Upon approval of these conditions and prior to becoming final and binding, the and content shall be prepared by the Planning and Development Services Department. PASSED AND ADOPTED by the Planning Commission of the City of Grand Terrace, rd California, at a special meeting held on the 3 day of November, 2016. AYES: NOES: ABSENT: ABSTAIN: ATTEST: __________________________ __________________________ Pat Jacquez-Nares Tom Comstock City Clerk Chairman Attachment: PC Resolution_SA 14-07-A1 (2037 : Site and Architectural Review 14-07-A1) Page 6 of 6 Packet Pg. 72 C.7.b Attachment: Letter of Intent_SA 14-07-A1.pdf (2037 : Site and Architectural Review 14-07-A1) Packet Pg. 73 C.7.c Fyijcju2 Building and SafetyConditions ofApproval Date:August 31 , 2016 Applicant:Joab Jerome Address of Applicant:11660 Church St. # 710, RCH CA91730 Site Location:Burns Avenue, Grand Terrace, CA. proposed single familyresidents. APN:0275-282-20 Providefour(4)sets of construction plans and documentationforplanreview ofthe proposed project. Belowyou will find a list of the plans and documents Building and Safety will need forplan review. The initial plan review willtakeapproximatelytwo weeks on most projects. Provide the following sets of plans and documents. Building and Safety submittal’s required at first plan review. (4)Architectural Plans (4)Structural Plans (2)Structural Calculations (4)Plot/Site Plans (4)Electrical Plans (4)Electrical Load Calculations (4)Plumbing Plans/Isometrics, Water, Sewer and Gas (4)Mechanical Plans (4)Mechanical Duct Layout Plans (2)Roof and Floor Truss Plans (2)Title 24 Energy Calculations (4)Rough and Precise Grading Plans (2)Water Quality Management Plan, (WQMP) and Erosion Control Plan. (2)Stormwater Pollution Prevention Plan Attachment: Resolution Exhibits_14-07-A1.pdf (2037 : Site and Architectural Review 14-07-A1) Building & Safety General Information All structures shall be designed in accordance with the 2013California Building Code, 2013California Mechanical Code, 2013California Plumbing Code, and the 2013 California Electrical Code, 2013Residential Code and the 2013California Green Packet Pg. 74 C.7.c Buildings Standardsadopted by the State of California.If the project building plans are submitted after January 1, 2017 the buildings will need to be designed to the 2016 California Code of Regulations. The Developer/Owner is responsible for the coordination of the final occupancy. The Developer/Owner shall obtain clearances from each department and division prior to requesting a final building inspection from Building & Safety. Each agency shall sign the bottom of the Building & Safety Job Card. Building & Safety inspection requests can be made twenty four (24) hours in advance for next day inspection. Please contact 909-825-3825. You may also request inspections at the Building & Safety public counter. All construction sites must be protected by a security fenceand screening. The fencing and screening shall be maintained at all times to protect pedestrians. Temporary toilet facilities shall be provided for construction workers.The toiletfacilities shall be maintained in a sanitary condition. Construction toilet facilities of the non sewer type shall conform toANSI ZA.3. Construction projects which require temporary electrical power shall obtain an Electrical Permit from Building & Safety. No temporary electrical power will be granted to a project unless one of the following items isin place and approved by Building & Safety and the Planning Department. (A)Installation of a construction trailer,or, (B)Security fenced area where the electrical power will be located. Installation of construction/sales trailers must be located on private property. No trailers can be located in the public street rightof way. Separateplan submittals and permits are required for all accessory structures;example would bepatios, block walls, and storage buildings. Pursuant to the California Business and Professions Code Section 6737, most projects are required to be designed by a California Licensed Architect or Engineer. The project owner or developer should review the section of the California Codes and comply with the regulation. Building & SafetyConditions Attachment: Resolution Exhibits_14-07-A1.pdf (2037 : Site and Architectural Review 14-07-A1) Prior to the issuance of a building permit, the applicant shall pay all Development Improvement Fee’s tothe City; this alsoincludesschool feesand outside agency feessuch as sewer water and utilities. Copies of receipts shall be provided to Building & Safety prior to permit issuance. Packet Pg. 75 C.7.c All on site utilities shall be underground to the new proposed structureunless prior approval has been obtained by the utility company or the City. Prior to issuanceof Building Permits, on site water service shall be installed and approved by the responsible agency. On site firehydrants shall be approved by the Fire Department. No flammable materials will be allowed on the site until the firehydrants are established and approved. Prior to issuance of buildingpermits, site grading certificationand pad certifications shall be submitted to Building & Safety. Prior to concrete placement, submit a certification for the finish floor elevation and set backs of the structures. The certification needs to reflect that the structure is in conformance with the Precise Grading Plans. Compaction reports shall accompany pad certifications.The certifications are required to be signed by the engineer of record. Prior to issuance of buildingpermits, provide Building & Safety with a will service letter fromRiverside Highland Water District. All construction projects shall comply with the National Pollutant Discharge Elimination Systems (NPDES), and the San Bernardino County MS-4 Storm Water Permit. Provide civil engineering drawings for dedication of 15 foot of right of way and all public right of way improvements including curb, gutter and half street width improvements. Civil engineering drawings and dedication shall be submitted to Building & Safety to be check by the City Engineer and recorded with the County Recorder’s office before permits are issued. Depending on the location of the curb and gutter, the utilities located in the public right of way in front of the property, north side of street, may need to be relocated. Please contact Edison and the telephone/cable company to determine the desired location for the utilities. Attachment: Resolution Exhibits_14-07-A1.pdf (2037 : Site and Architectural Review 14-07-A1) Packet Pg. 76 C.7.c Fyijcju3 Public Works Conditions of Approval Date:September 1, 2016 Applicant:Joab Jerome Address of Applicant:11660 Church St, # 710 RCH, CA91730 Site Location:Burns Ave Grand Terrace Single Family Residence APN 0275-282-20 Provide construction plans and required documentation forreview of the proposed project as follows: (1)Grant Deed showing all easements. (1)Street Water UtilityPlans. (1)Tentative Tract Map Plans (1)Sewer Plan Sheets (1)Rough and Precise Grading Plans (1)Erosion Control Plan (1)Soils,Hydrology, and HydraulicsReports All work performed in the public right of way shall complywith the San Bernardino County Public Works Standardsor standards approved bythe Public Works Director. All construction sites must be protected by a security fenceand screening. The fencing and screening shall be maintained at all times to protect pedestrians. Toilet facilities shall be provided for construction workers and such facilities shall be maintained in a sanitary condition. Special Conditions: 1.Street cut permits are required before work begins in the publicright of way.A street cut deposit will be collected for each street cut and held for two years. Attachment: Resolution Exhibits_14-07-A1.pdf (2037 : Site and Architectural Review 14-07-A1) 2.Provide half street width paving overlayafter utilityinstallationsonthe entire length of the project.Minimum 2 inch asphalt overlaywith an asphalt grind. All Grindings shall be recycled. Packet Pg. 77 C.7.c 3.The Applicant shall submit proposed sewer plans to the City of Colton for plan review. Applicant shall pay all plan review fees and permit fees for the sewer review to the City of Colton. Cityof Grand Terrace before anypermits are issued. 4.The applicant shall submit proposed water plans to the Riverside Highland Water Companyfor plan review. Applicant shall pay all plan review fees and permit fees for the water review to Riverside Highland Water Company.l Serveletter and approved plans to the Cityof Grand Terrace before anypermits are issued. 5.Minimum drivewaygrades shall be consistent with San Bernardino County Standard 131. Riverside County Standard driveway approach can also be used. 6.A blockwall is required around the perimeter of the property. 7.All existing and proposed easements must be shown on improvement plans. 8.Provide a street light at the ingress to the property. 9.Provide a profile for the driveway showing all utility lines to verifyminimumcover. 10.Best Management Practices (BMPs) are required for new developments larger than 10,000 sq.ft. Please show BMPs for rain run-off on-site. Attachment: Resolution Exhibits_14-07-A1.pdf (2037 : Site and Architectural Review 14-07-A1) Packet Pg. 78 C.7.c Fyijcju4 Attachment: Resolution Exhibits_14-07-A1.pdf (2037 : Site and Architectural Review 14-07-A1) Packet Pg. 79 C.7.c Attachment: Resolution Exhibits_14-07-A1.pdf (2037 : Site and Architectural Review 14-07-A1) Packet Pg. 80 C.7.c Attachment: Resolution Exhibits_14-07-A1.pdf (2037 : Site and Architectural Review 14-07-A1) Packet Pg. 81 C.7.c FYIJCJU5 City of Colton Public Works Department Water & Wastewater Division PROPERTY OWNER’S ACKNOWLEDGEMENT FORM NOTE TO APPLICANT:Uijt!gpsn!nvtu!cf!tjhofe!boe!sfuvsofeup!uif!Fohjoffsjoh!Efqbsunfou!qsjps! up!jttvbodf!pg!boz!Djuz!pg!Dpmupo!Qfsnjut! Date:July 22, 2014 Minor Site Plan Review Application No. W00-000-082 Site Address 11832 Burns Avenue, Grand terrace, CA 92313 APN:0275-282-20 Owner:Jerome Financial Services PROJECT DESCRIPTION Sewer Service Lateral Connection REQUIREMENTS a) All sewer connections and service installations shall be installed by a contractor possessing an “A” license. b) Separate sewer lateral connection shall be installed for each dwelling unit. c) The Contractor shall mark the location of the sewer lateral services with a stamped “S” on the curb. d) The minimum size of sewer lateral shall be 4-inch. e) All sewer laterals shall be extra strength vitrified clay pipe (VCP) or PVC SDR35 per City Std. # 312. f) The sewer lateral shall be terminated at the property line by means of a sewer cleanout. Provide sewer cleanout at property line per City Std. 308. g) The minimum slope shall be 2% (¼ inch per foot) from the sewer main to property line. h) Trench repair shall be done per City of Colton Standard Drawing. No. 124a. i) Location of sewer laterals may not be in the way of driveway approach. j) Owner and Contractor are responsible for complying with National Pollutant Discharge Elimination System Ordinance, during and after construction. k) The City Engineer may require other information deemed necessary. l) No final inspection will be performed until all Engineering Departmentrequirements pertaining thereto are in compliance. CONDITIONS OF APPROVAL Applicant shall comply with all requirements by the Cityof Colton. Sewer service permit will be supplied to the proposed development upon completion of all necessaryapproved system connections and upon satisfactory arrangement of all financial matters with the City. If you need further information you may contact the Engineering Department at (909) 370-5551. FEES Land Use > > Single Family Residential UNIT ITEM UNIT QTYCOST FEE Residential Users-Wastewater Capacity Charge Units1 $2,800.00 $ 2,800.00 Inspection (Manholes and Cleanouts) EA1 $40.00 $ 40.00 Attachment: Resolution Exhibits_14-07-A1.pdf (2037 : Site and Architectural Review 14-07-A1) Inspection for Sanitary sewers($30 + $.20 LF) EA1 $40.00 $ 40.00 TOTAL FEE $ 2,880.00 Page1of2 Packet Pg. 82 C.7.c PROPERTY OWNER’S ACKNOWLEDGEMENT I / We, the legal property owner(s) of the above-noted property, acknowledge the Engineering Department Condition(s) of Approval as set forth by the City Engineer, and hereby agree to meet and satisfy said conditions prior to receipt of final approval of the project. I / We further acknowledge and understand that the Certificate of Occupancy will NOT be issued until these conditions have been met, inspected and approved by the Engineering Department. The Engineering Department Site Plan Minor Review process will NOT be complete nor approved until this acknowledgement document has been signed by the Property Owner and returned to the Engineering Department. Date:By: (property owners) 7/22/14 js Attachment: Resolution Exhibits_14-07-A1.pdf (2037 : Site and Architectural Review 14-07-A1) Page2of2 Packet Pg. 83 C.7.d CITY OF GRAND TERRACE NOTICE OF EXEMPTION TO: Clerk of the Board of Supervisors FROM: Planning and Development County of San Bernardino Services Department nd 385 N. Arrowhead Avenue, 2 Floor City of Grand Terrace San Bernardino, CA 92415-0130 22795 Barton Road Grand Terrace, CA 92313 Project Title: Site and Architectural Review 14-07-A1, and Environmental 14-04-A1 Project Location Specific: The project is located at 11838 Burns Avenue in the County of San Bernardino, APN: 0275-282-20 Description of Project: A new two story 3,612 square foot single family residence with an attached 816 square foot garage and attached 2,700 square foot RV garage on a single parcel. Name of Public Agency Approving Project: Grand Terrace Planning Commission Name of Person or Agency Carrying out Project: Mr. Joab Jerome Exempt Status: California Code of Regulations, Title 14, Section 15303, New Construction or Conversion of Small Structures. Reasons Why Project is Exempt: Project meets requirements of Section 15303, which exempts New Construction or Conversion of Small Structures of one single-family residence. Lead Agency or Contact Person: Area Code/Telephone (909) 430-2225 ______________________________ _________________ Sandra Molina Date Director of Planning and Development Services Attachment: Notice of Exemption_SA 14-07-A1 (2037 : Site and Architectural Review 14-07-A1) C:\\users\\jlambarena\\appdata\\local\\temp\\minutetraq\\grandterracecityca@grandterracecityca.iqm2.com\\work\\attachments\\3668.doc 22795 Barton Road, Grand Terrace, California, 92313-5295 909/824-6621 Fax 909/783-2600 Packet Pg. 84 C.7.e Project Plans are Available for Review during City Business Hours at: City of Grand Terrace Planning and Development Services Department 22795 Barton Road Grand Terrace, CA 92313 909-824-6621- Extension 247 Attachment: Review of Project Plans (2037 : Site and Architectural Review 14-07-A1) C:\\users\\jlambarena\\appdata\\local\\temp\\minutetraq\\grandterracecityca@grandterracecityca.iqm2.com\\work\\attachments\\3669.doc 22795 Barton Road, Grand Terrace, California, 92313-5295 909/824-6621 Fax 909/783-2600 Packet Pg. 85 C.8 AGENDA REPORT MEETING DATE:November 3, 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.Continue the 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 GRANDTERRACE 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/DISCUSSION: On September 29, 2016, the Planning Commission conducted a public hearing and continued this item to November 3, 2016, to allow Staff to make a requested a change to the proposed ordinance. The September 29, 2016, report is attached for reference. th As proposed on September 29, the ordinance identified ancillary sale, shown below: 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, offering, furnishing, or marketing of conventional cigars cigarettes or tobacco. For any grocery store, convenience market, 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, Packet Pg. 86 C.8 regardless of square footage used, is subject to the restrictions of this chapter and shall not 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. However, the Commission stated that traditional tobacco products and e- cigarette products should be regulated the same. Therefore, staff has revised the definition as follows: or other similar market uses no more than two five percent (5%)of its gross floor area, or 250 square feet, whichever is less for the, offering, furnishing, or marketing of tobacco products or tobacco paraphernalia/ conventional cigars cigarettes or tobacco. For any grocery store, convenience market, retail kiosk or similar use five square feet are used for the display sale, distribution, deliver, offering, furnishing or marketing of tobacco products or tobacco paraphernalia/ 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 Staff also recommends revising the percentage to 5% instead of 2%. These revisions strikes a balance between regulating full smoke shops/tobacco retailers by requiring a conditional use permit, and allowing some level of ancillary sales for businesses whose primary use is not the sale of tobacco products. 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: PC Resolution_10.24.2016 (DOCX) Exhibit 1 to PC Resolution_Draft Ordinance smoke shops_10.24.2016 (DOC) Planning Commission Report_September 29, 2016.pdf (PDF) APPROVALS: Sandra Molina Completed 10/24/2016 1:58 PM Packet Pg. 87 C.8 City Attorney Completed 10/26/2016 12:40 PM Sandra Molina Completed 10/26/2016 1:19 PM Planning Commission Pending 11/03/2016 6:30 PM Packet Pg. 88 C.8.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, September 29, 2016, and November 3, 2016 the Planning Commission of the City of Grand Terrace conducted duly noticed public hearings 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 projects which have the potential for causing a significant effect on the Attachment: PC Resolution_10.24.2016 (2052 : Regulation of Smoke Shops and Tobacco Stores) 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. 89 C.8.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 neighborhoods. 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, rd California, at a regular meeting held on the 3 day of November, 2016. AYES: NOES: ABSENT: ABSTAIN: ATTEST: __________________________ _________________________ Pat Jacques-Nares Tom Comstock City Clerk Chairman Attachment: PC Resolution_10.24.2016 (2052 : Regulation of Smoke Shops and Tobacco Stores) Page 2 of 4 Packet Pg. 90 C.8.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: PC Resolution_10.24.2016 (2052 : Regulation of Smoke Shops and Tobacco Stores) Page 3 of 4 Packet Pg. 91 C.8.a Exhibit 1 Attached on following page Attachment: PC Resolution_10.24.2016 (2052 : Regulation of Smoke Shops and Tobacco Stores) Page 4 of 4 Packet Pg. 92 C.8.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, September 29, 2016, and November 3, 2016, the Planning Commission of the City of Grand Terrace conducted duly noticed public hearings 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 December 13, 2016, 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 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 Attachment: Exhibit 1 to PC Resolution_Draft Ordinance smoke shops_10.24.2016 (2052 : Regulation of Smoke Shops and Tobacco Stores) Packet Pg. 93 C.8.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: Zoning and Land Use Standards for Tobacco Stores 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. 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 Attachment: Exhibit 1 to PC Resolution_Draft Ordinance smoke shops_10.24.2016 (2052 : Regulation of Smoke Shops and Tobacco Stores) Packet Pg. 94 C.8.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 five percent (5%) of its gross floor area, or 250 square feet, whichever is less for the display, sale, distribution, delivery, offering, furnishing, or marketing of tobacco products or tobacco paraphernaliaconventional cigars cigarettes or tobacco. For any grocery store, convenience market, retail kiosk or similar use consisting of 250 feet are used for the display sale, distribution, deliver, offering, furnishing or marketing of tobacco products or tobacco paraphernalia.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 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 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 Attachment: Exhibit 1 to PC Resolution_Draft Ordinance smoke shops_10.24.2016 (2052 : Regulation of Smoke Shops and Tobacco Stores) Packet Pg. 95 C.8.b Ordinance No. Page 4 of 8 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. 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. 8.7. display, 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 an ancillary sale shall not be defined as 9.8. "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, measured property line to property line, from a public school, child care facility, park, library, or community center. Attachment: Exhibit 1 to PC Resolution_Draft Ordinance smoke shops_10.24.2016 (2052 : Regulation of Smoke Shops and Tobacco Stores) Packet Pg. 96 C.8.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. 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 Attachment: Exhibit 1 to PC Resolution_Draft Ordinance smoke shops_10.24.2016 (2052 : Regulation of Smoke Shops and Tobacco Stores) Packet Pg. 97 C.8.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. th SECTION 8. First read at a regular meeting of the City Council held on the 13 day of November, 2016 and finally adopted and ordered posted at a regular meeting of th said City Council on the 10 day of January, 2017. 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. Attachment: Exhibit 1 to PC Resolution_Draft Ordinance smoke shops_10.24.2016 (2052 : Regulation of Smoke Shops and Tobacco Stores) Packet Pg. 98 C.8.b Ordinance No. Page 7 of 8 ATTEST: ____________________________ ______________________________ Pat Jacquez-Nares Darcy McNaboe City Clerk Mayor Approved as to form: ____________________________ Richard L. Adams, II City Attorney Attachment: Exhibit 1 to PC Resolution_Draft Ordinance smoke shops_10.24.2016 (2052 : Regulation of Smoke Shops and Tobacco Stores) Packet Pg. 99 C.8.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: Exhibit 1 to PC Resolution_Draft Ordinance smoke shops_10.24.2016 (2052 : Regulation of Smoke Shops and Tobacco Stores) Packet Pg. 100 C.8.c 1.2 AGENDA REPORT MEETING DATE:September 29, 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 Attachment: Planning Commission Report_September 29, 2016.pdf (2052 : Regulation of Smoke Shops and Tobacco Stores) Packet Pg. 21 Packet Pg. 101 C.8.c 1.2 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 shopsand 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, Attachment: Planning Commission Report_September 29, 2016.pdf (2052 : Regulation of Smoke Shops and Tobacco Stores) Packet Pg. 22 Packet Pg. 102 C.8.c 1.2 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 11054et 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 modifythe definitions, and the ordinance to prohibit the sale of tobacco paraphernalia, should the Commission determine it Attachment: Planning Commission Report_September 29, 2016.pdf (2052 : Regulation of Smoke Shops and Tobacco Stores) Packet Pg. 23 Packet Pg. 103 C.8.c 1.2 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 marketingof 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 classifiedas 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 MolinaCompleted08/31/2016 10:37 AM City AttorneyCompleted09/08/2016 12:19 PM Sandra MolinaCompleted09/08/2016 1:11 PM Planning CommissionCompleted09/15/2016 6:30 PM Attachment: Planning Commission Report_September 29, 2016.pdf (2052 : Regulation of Smoke Shops and Tobacco Stores) Packet Pg. 24 Packet Pg. 104 C.8.c 1.2.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 TERRACEADOPT AN ORDINANCE ADOPTING ZONE CHANGE 15-02TO AMEND CHAPTER 18.82 OF THE GRAND TERRACE MUNICIPAL CODE AND SPECIFIC PLAN AMENDMENT 15- 01FOR THE PURPOSE OF REGULATING SMOKE SHOPS AND ) TOBACCO STORES s e r o t S o WHEREAS,pursuant to Sections 65800 and 65850 of the California Government c c a Code, the City may adoptordinances to regulate the use of buildings, structures, and b o land as between industry, business, residences, and open space, and other purposes; T d to regulate the location, height, bulk, number of stories and size of buildings and n a structures, the size and use of lots, yards, courts and other open spaces, the s p percentage of a lot which may be occupied by a building or structure, and the intensity o h of land use; and to establish requirements for off-street parking, in compliance with the S e California Government Code k o m S WHEREAS,Chapter 18.90 of the Municipal Code provides a process for the f o amendment of the Zoning Code. n o i t a l WHEREAS,onSeptember 15, 2016, the Planning Commission of the City of u g e Grand Terrace conducted a duly noticed public hearing at the Grand Terrace CityHall R : Council Chambers located 22795 Barton Road, Grand Terrace, CA 92313 and 5 8 concluded the hearing on that date. 9 1 ( n WHEREAS, all legal prerequisites to the adoption of this Ordinance have o i t occurred. u l o s e R C NOW THEREFORE,BEITRESOLVEDbythe Planning Commission of theCity of P t GrandTerrace:f a r D : t 1.The Planning Commission finds that Zoning Code Amendment 15-02 and n e Specific Plan Amendment 15-01 areexempt from the California Environmental m h Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines c a t because the activity is covered by the general rule that CEQA applies only to t A 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.TheOrdinanceestablishesregulations for smoke shops and similar uses and will not have any direct impact on the environment. 2.The Planning Commission furtherfinds as follows with respect to Zoning Code Attachment: Planning Commission Report_September 29, 2016.pdf (2052 : Regulation of Smoke Shops and Tobacco Stores) Page1of4 Packet Pg. 25 Packet Pg. 105 C.8.c 1.2.a Amendment15-02 and Specific Plan Amendment 15-01: a.Zoning Code Amendment 15-02 and SpecificPlan 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. ) s e r b.Zoning Code Amendment 15-02 and Specific Plan Amendment 15-01 will o t S not be injurious to property or improvements in the neighborhood or within o the city because it will not preclude the continued use and/or development c c a of surrounding properties. b o T d 3.Based on the findings and conclusions set forth above, this Commission hereby n a finds that there is good cause for the adoption of the ordinance, as statedherein, s p and recommends that the City Council adopt the attached Ordinance, attached o h hereto as Exhibit 1. S e k o m S PASSED AND ADOPTEDby the Planning Commission of the City of Grand Terrace, f o th California, at a regular meeting held on the 15day of September,2016. n o i t a l u g e AYES: R : NOES: 5 8 9 1 ABSENT: ( n o ABSTAIN: i t u l o s e R C ATTEST:P t f a r D : t ___________________________________________________n e Pat Jacques-NaresTom Comstock m h c City ClerkChairman a t t A Attachment: Planning Commission Report_September 29, 2016.pdf (2052 : Regulation of Smoke Shops and Tobacco Stores) Page2of4 Packet Pg. 26 Packet Pg. 106 C.8.c 1.2.a I, Pat Jacquez-Nares, City Clerk of the City of Grand Terrace, do hereby certify that the foregoingOrdinance 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: s e r o t S ABSENT: o c c a ABSTAIN: b o T d n a s p ___________________________ o h Pat Jacquez-Nares S e CityClerk k o m S f o n o i Approved as to form: t a l u g e R : 5 8 ___________________________________ 9 1 ( Baron J. Bettenhausen n City Attorney o i t u l o s e R C P t f a r D : t n e m h c a t t A Attachment: Planning Commission Report_September 29, 2016.pdf (2052 : Regulation of Smoke Shops and Tobacco Stores) Page3of4 Packet Pg. 27 Packet Pg. 107 C.8.c 1.2.a Exhibit 1 Attached on following page ) s e r o t S o c c a b o T d n a s p o h S e k o m S f o n o i t a l u g e R : 5 8 9 1 ( n o i t u l o s e R C P t f a r D : t n e m h c a t t A Attachment: Planning Commission Report_September 29, 2016.pdf (2052 : Regulation of Smoke Shops and Tobacco Stores) Page4of4 Packet Pg. 28 Packet Pg. 108 C.8.c 1.2.b ORDINANCENO. ANORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE ADOPTING ZONE CHANGE 15-02TO AMEND CHAPTER 18.82 ) OF THE GRAND TERRACE MUNICIPAL CODE AND SPECIFIC PLAN s e AMENDMENT 15-02 FOR THE PURPOSE OF REGULATING SMOKE r o t SHOPS AND TOBACCO STORES S o c c a b o WHEREAS, T including a LandUseElement; and d n a s p WHEREAS, o h d policies; and S e k o WHEREAS,pursuant to Sections 65800 and 65850 of the California Government m S Code, the City may adopt ordinances to regulate the use of buildings, structures, and f o land as between industry, business, residences, and open space, and other purposes; n o to regulate the location, height, bulk, number of stories and size of buildings and i t a l structures, the size and use of lots, yards, courts and other open spaces, the u g percentage of a lot which may be occupied by a building or structure, and the intensity e R of land use; and to establish requirements for off-street parking, in compliance with the : 5 California Government Code. 8 9 1 ( WHEREAS,Chapter 18.90 of the Municipal Code provides a process for the 6 1 0 amendment of the Zoning Code. 2 . 1 1 . 7 WHEREAS,onSeptember 15, 2016, the Planning Commission of the City of _ s Grand Terrace conducted a duly noticed public hearing at the Grand Terrace City Hall p o h Council Chambers located 22795 Barton Road, Grand Terrace, CA 92313 and s e concluded the hearing on that date. k o m s WHEREAS,on ________, the City Council of the City of Grand Terrace _ e conducted a duly noticed public at the Grand Terrace City Hall Council Chambers c n located 22795 Barton Road, Grand Terrace, CA 92313 and concluded the hearing on a n i that date. d r O t f WHEREAS, all legal prerequisites to theadoption of this Ordinance have a r D occurred. : t n e NOW THEREFORE,it is hereby found, determined, and resolved by the City m h c Council of the City of Grand Terrace, as follows a t t A SECTION 1.Zoning Code Amendment 15-02 and Specific Plan Amendment 15-01 areexempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines because the activity is covered by the Attachment: Planning Commission Report_September 29, 2016.pdf (2052 : Regulation of Smoke Shops and Tobacco Stores) Packet Pg. 29 Packet Pg. 109 C.8.c 1.2.b Ordinance No. Page2of8 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 ) s environment, the activity is not subject to CEQA.TheOrdinanceestablishes e r regulations for smoke shops and similar uses and will not have any direct impact on the o t S environment. o c c a SECTION 2.Zoning Code Amendment 15-02 and Specific Plan Amendment b o T 15-01 will not be detrimental to the health, safety, morals, comfort or general welfare of d the persons residing or working within the neighborhood of the proposed amendment or n a within the city because these amendments are intended to regulate smoke shops and s p o tobacco stores which tend to have secondary deleterious effects on surrounding h S neighorhoods. e k o SECTION 3.Zoning Code Amendment 15-02 and Specific Plan Amendment m S f 15-01 will not be injurious to property or improvements in the neighborhood or within the o city because it will not preclude the continued use and/or development of surrounding n o i t properties. a l u g e SECTION 4.Chapter 18.82(Standards for Specified Land Uses and Activities) R : of Title 18 of the Grand Terrace Municipal Code is hereby amended (Zoning Code 5 8 Amendment 15-02)to add Section 18.82.030, as follows: 9 1 ( 6 and Smoke 1 0 2 Shops . 1 1 . 7 _ APurpose. The regulation of tobacco retailers is necessary and in the interests of the s p public health, safety and general welfare because there is the substantial likelihood o h s of the establishment and operation of tobacco retailers in the Cityof Grand Terrace. e k Theproliferationoftobacco retailers in the city would result in undesirable impacts o to the community. Among these impacts are increased potential for tobacco sales to m s _ minors, greater opportunity for the sale of illegal drug paraphernalia that is marketed e c as tobacco paraphernalia, and heightened risk of negative aesthetic impacts, blight, n a and loss of property values of residential neighborhoods and businesses in close n i d proximity to such uses. This section contains amendments consistentwith good r O zoning and planning practices to address such negative impacts of tobacco retailers t f a while providing a reasonable number of locations and zones for such uses to locate r D : within the city of Grand Terrace. t n e m BDefinitions. h c a t t A 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 Attachment: Planning Commission Report_September 29, 2016.pdf (2052 : Regulation of Smoke Shops and Tobacco Stores) Packet Pg. 30 Packet Pg. 110 C.8.c 1.2.b Ordinance No. Page3of8 amusement. The term amusement machine does not include any device or object the primary purpose of which is to play music. ) s 2. e r store or other similar market uses no more than two percent of its gross floor o t S area, or 250 square feet, whichever is less for the display, sale, distribution, o c delivery, offering, furnishing, or marketing of conventional cigars cigarettes or c a tobacco. For any grocery store, convenience market, retail kiosk or similar use b o T d than five square feet are used for the display sale, distribution, deliver, offering, n a furnishing or marketing of conventional cigars, cigarettes or tobacco. The s p o display, sale, distribution, delivery, offering, furnishing, or marketing of h S ecigarettes or any other tobacco products or tobacco paraphernalia, regardless e k of square footage used, is subject to the restrictions of this chapter and shall not o m S f o n 3."Electroniccigarette"meansanelectronic and/orbattery operated device,the o i t useof whichmayresemblesmokingthatcanbeusedtodeliveraninhaled a l u doseofnicotineorothersubstances and that causes the user to exhale any g e smoke, vapor, or substance other than that produced by unenhanced human R : exhalation."Electroniccigarette"includesanysuchdevice,whether 5 8 manufactured,distributed,marketedorsoldasanelectroniccigarette,an 9 1 ( electroniccigar,anelectroniccigarillo,anelectronicpipe,anelectronichookah, 6 1 avaporcigaretteoranyotherproductnameordescriptor. 0 2 . 1 1 . 4.Electroniccigaretteretailer"meansanyestablishmentthatsellselectronic 7 _ cigarettes. s p o h s 5. e k instrument that is primarily designed or manufactured for the smoking, chewing, o m absorbing, dissolving, inhaling, snorting, sniffing, or ingesting by any other means s _ into the body of tobacco, tobacco products, or other controlled substances as e c defined in California Health and Safety Code Section 11054et seq. Items or n a n devices classified as tobacco paraphernalia include but are not limited to the i d r following: pipes, punctured metal bowls, bongs, water bongs, electric pipes, O t ecigarettes, ecigarette juice, buzz bombs, vaporizers, hookahs, and devices for f a r holding burning material. Lighters and matches shall be excluded from the D : t definition of tobacco paraphernalia n e m h 6."Tobacco products" means any substance containing the tobacco leaf, including c a t but not limited to cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing t A 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, Attachment: Planning Commission Report_September 29, 2016.pdf (2052 : Regulation of Smoke Shops and Tobacco Stores) Packet Pg. 31 Packet Pg. 111 C.8.c 1.2.b Ordinance No. Page4of8 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. ) s e r 7. o t form, containing nicotine derived from the tobacco plant, or otherwise derived, S o which is intended to enable human consumption of the tobacco or nicotine in the c c a product, whether smoked, chewed, absorbed, dissolved, inhaled, snorted, b o sniffed, or ingested by any other means. For the purposes of this chapter, the T d n a by the United States Food and Drug Administration (FDA) for sale as a s p tobacco/smoking cessation product or for other medical purposes, where such o h product is marketed and sold solely for such an approved purpose. S e k o 8. m S f sale,distribution, delivery, offering, furnishing, or marketing of tobacco, tobacco o products, tobacco related products, electronic smoking devices, or tobacco n o i t paraphernalia; provided however, that any grocery store, supermarket, a l u convenience store or similar retail use that only sells conventional cigars, g e R : 5 8 9 1 ( 9."Vaporlounge"meansanyestablishmentthatsellselectroniccigarettesfor 6 1 consumptiononsite. 0 2 . 1 1 . C.Prohibition. The establishment of a vapor lounges, hookah lounges, and similar uses 7 _ are prohibited in the City of Grand Terrace. s p o h s D.Zoning. Notwithstanding any other provision of this title to the contrary, smoke shops e k and tobacco stores shall be subject to a standard conditional use permit and only o m within the following zones, subject to the regulations contained in this chapter: s _ e c 1.C2 General Commercial n a n i d r 2.CM Commercial Manufacturing O t f a r 3.BRSP-General Commercial D : t n e E.Locational standards. m h c a 1.Smoke shops and tobacco stores shall not be located within 1,000 feet, t t A measured property line to property line, from a public school, child care facility, park, library, or community center. Attachment: Planning Commission Report_September 29, 2016.pdf (2052 : Regulation of Smoke Shops and Tobacco Stores) Packet Pg. 32 Packet Pg. 112 C.8.c 1.2.b Ordinance No. Page5of8 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. ) s e r D.Development and Operational Standards. Standard conditions of approval for any o t S conditional use permit shall, at aminimum, include the following o c c a 1.Minors, not accompanied by his or her parent or legal guardian, shall not be b o T allowedor permittedto enter or remain within any smoke shop and tobacco d store. n a s p o 2.Smoke shops and tobacco stores shall post clear signage stating that minors h S may not enter the premises unless accompanied by a parent or legal guardian. e k At least one such sign shall be placed in a conspicuous location near each public o entrance to the smoke shop and tobacco store. It shall be unlawful for a smoke m S f shop and tobacco store to fail to display and maintain, or fail to cause to be o displayed or maintained, such signage.n o i t a l u 3.No smoking shall be permitted on the premises at any time. g e R : 4.No sales may be solicited or conducted on the premises by minors. 5 8 9 1 ( 5.No self-service tobacco, tobacco product, or tobacco paraphernalia displays shall 6 be permitted. 1 0 2 . 1 1 6.There shall be no obstructions within the storefront windows and doors which . 7 _ would hinder visual surveillance of the interior of the tenant space from the s p outside of the premises during operating hours. Obstructions would include o h s signage, window tint, window coverings, advertisements, etc. e k o 7.The interior of the business shall be maintained with adequate illumination to m s _ make the conduct of patrons within the premises readily discernible to persons of e c normal visual acuity. n a n i d 8.Food for consumption is not permitted on the premises. r O t f a 9.No alcoholic beverages shall be sold or consumed on the business premises. r D : t n 10.No amusement devices, shall be permitted anywhere within the business. e m h c a E.Legallyexisting tobacco stores and smoke shops. t t A 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 Attachment: Planning Commission Report_September 29, 2016.pdf (2052 : Regulation of Smoke Shops and Tobacco Stores) Packet Pg. 33 Packet Pg. 113 C.8.c 1.2.b Ordinance No. Page6of8 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 ) s e r SECTION 5. Table1 Land Use Matrix of Section V (Specific Plan o t S Administration) of the Barton Road Specific Plan (Specific Plan Amendment 15-01)shall o c berevisedfollows: c a b o T d Village CommercialOffice/Professional n a Commercial s p o PA1PA 2PA 3 h S 1Retail e k Commercial Uses o m S (5) f Smoke shopsPCP o n o i t a l (5) u Subject to the provisions of Section 18.82.030 of the Grand Terrace Zoning g e Code. R : 5 8 SECTION 6.The City Council declares that it would have adopted this 9 1 ( ordinance and each section, subsection, sentence, clause, phrase, or portion of it 6 1 irrespective of the fact that any one or more sections, subsections, sentences, clauses, 0 2 . phrases or portions of it be declared invalid or unconstitutional. If for any reason any 1 1 . portion of this ordinance is declared invalid or unconstitutional, then all other provisions 7 _ shall remain valid and enforceable. s p o h s SECTION 7.This ordinance shall take effect thirty days from the date of e k adoption. o m s _ SECTION 8.First read at a regular meeting of the City Council held on the ___ e c day of _______, 2016and finally adopted and ordered posted at a regular meeting of n a said City Council on the ___day of________, 2016. n i d r O t SECTION9.The City Clerk shall post this Ordinance in three (3) public places f a r within fifteen (15) days of its adoption, as designated for such purposes by the City D : Council. t n e m ATTEST: h c a t t A __________________________________________________________ Pat Jacquez-NaresDarcy McNaboe City Clerk Mayor Attachment: Planning Commission Report_September 29, 2016.pdf (2052 : Regulation of Smoke Shops and Tobacco Stores) Packet Pg. 34 Packet Pg. 114 C.8.c 1.2.b Ordinance No. Page7of8 Approved as to form: ) s e r ____________________________ o t S Richard L. Adams, II o c City Attorney c a b o T d n a s p o h S e k o m S f o n o i t a l u g e R : 5 8 9 1 ( 6 1 0 2 . 1 1 . 7 _ s p o h s e k o m s _ e c n a n i d r O t f a r D : t n e m h c a t t A Attachment: Planning Commission Report_September 29, 2016.pdf (2052 : Regulation of Smoke Shops and Tobacco Stores) Packet Pg. 35 Packet Pg. 115 C.8.c 1.2.b Ordinance No. Page8of8 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 ) s the following vote: e r o t S o c AYES: c a b o T NOES: d n a ABSENT: s p o h S ABSTAIN: e k o m S f ___________________________ o Pat Jacquez-Nares n o i t City Clerk a l u g e R : 5 8 9 1 ( 6 1 0 2 . 1 1 . 7 _ s p o h s e k o m s _ e c n a n i d r O t f a r D : t n e m h c a t t A Attachment: Planning Commission Report_September 29, 2016.pdf (2052 : Regulation of Smoke Shops and Tobacco Stores) Packet Pg. 36 Packet Pg. 116 D.9 AGENDA REPORT MEETING DATE:November 3, 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: This item was continued from the September 15, 2016, Planning Commission meeting. On July 26, 2016, Staff presented a report to 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. Codes. During the last fiscal year, Code Compliance initiated new enforcement Packet Pg. 117 D.9 strategies intended to streamline enforcement and case processing. These strategies are based on code enforcement officers being proactive in developing strategiesto 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. 118 D.9 APPROVALS: Sandra Molina Completed 10/23/2016 10:40 AM City Attorney Completed 10/25/2016 5:11 PM Sandra Molina Completed 10/26/2016 8:40 AM Planning Commission Pending 11/03/2016 6:30 PM Packet Pg. 119