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10-15-2015 CITY OF GRAND TERRACE PLANNING COMMISSION AGENDA Council ChambersRegular Meeting6:30 PM CALL TO ORDER Convene the Meeting of the Planning Commission and Site and Architectural Review Board. Pledge of Allegiance. ROLL CALL Attendee NamePresentAbsentLateArrived Chairman Tom Comstock Vice-Chairman Ryan Stephens Commissioner Jeffrey Allen Commissioner Tara Cesena Commissioner Edward A. Giroux A.APPROVAL OF AGENDA B.PRESENTATION-NONE C.PUBLIC ADDRESS Public address to the Commission shall be limited to three minutes unless extended by the Chairman. Should you desire to make a longer presentation, please make written request to be agendized to the Director of Community Development Department. This is the opportunity for members of the public to comment on any items not appearing on the regular agenda. Because of restrictions contained in California Law, the Planning Commission may not discuss or act on any item not on the agenda, but may briefly respond to statements made or ask a question for clarification. The Chairman may also request a brief response from staff to questions raised during public comment or may request a matter be agendized for a future meeting. D.CONSENT CALENDAR 1.Approval of Minutes Regular Meeting 12/19/2013 DEPARTMENT: CITY CLERK 2.Approval of Minutes Regular Meeting 02/20/2014 DEPARTMENT: CITY CLERK City of Grand TerracePage 1 AgendaGrand Terrace Planning CommissionOctober 15, 2015 3.Approval of Minutes Regular Meeting 06/18/2015 DEPARTMENT: CITY CLERK 4. Approval of Minutes Regular Meeting 09/03/2015 DEPARTMENT: CITY CLERK E. ACTION ITEMS 1. S election of Planning Commission Chair and Vice-Chair for Fiscal Year 2015-2016 RECOMMENDATION: Select a Planning Commission Chair and Vice Chair for Fiscal Year 2015-2016 DEPARTMENT: COMMUNITY DEVELOPMENT F. PUBLIC HEARINGS 2. Ordinance: Art in Public Places RECOMMENDATION: Adopt Resolution No. 2015 - __ A Resolution of the Planning Commission of the City of Grand Terrace Recommending that City Council of the City of Grand Terrace Amend Title 18 of the Grand Terrace Municipal Code by Adding Chapter 18.74 (Art in Public Places) DEPARTMENT: COMMUNITY DEVELOPMENT G.DISCUSSION ITEMS 1. 2013-2021 Housing Element; Status and Future Actions RECOMMENDATION: 1) Receive the report; and 2) Provide input and direction, as requested. DEPARTMENT: COMMUNITY DEVELOPMENT H.INFORMATION TO COMMISSIONERS I.INFORMATION FROM COMMISSIONERS ADJOURN Adjourn to the next scheduled meeting of the Site and Architectural Review Board/Planning Commission to be held on November 5, 2015 at 6:30 p.m. than 14 calendar days preceding the meeting. City of Grand Terrace Page 2 D.1 CITY OF GRAND TERRACE PLANNING COMMISSION MINUTES Council ChambersRegular Meeting6:30 PM CALL TO ORDER Chairman Comstock convened the meeting of the Planning Commission and Site and Architectural Review Board at 6:30 p.m. Pledge of Allegiance led by Commissioner Bailes. ROLL CALL Attendee NameTitleStatusArrived Tom ComstockChairmanPresent Robert BailesCommissionerPresent Ohm KongtangCommissionerAbsent Ryan StephensVice ChairmanPresent APPROVAL OF AGENDA Motion: Approval of meeting agenda RESULT:ADOPTED \[UNANIMOUS\] MOVER:Robert Bailes, Commissioner SECONDER:Ryan Stephens, Vice Chairman AYES:Tom Comstock, Robert Bailes, Ryan Stephens ABSENT:Ohm Kongtang PRESENTATION None PUBLIC ADDRESS Public address to the Commission shall be limited to three minutes unless extended by the Chairman. Should you desire to make a longer presentation, please make written request to be agendized to the Director of Community Development Department. This is the opportunity for members of the public to comment on any items not appearing on the regular agenda. Because of restrictions contained in California Law, the Planning Commission may not discuss or act on any item not on the agenda, but may briefly respond to statements made or ask a question for clarification. The Chairman may also request a brief response from staff to questions raised during public comment or may request a matter be agendized for a future meeting. City of Grand TerracePage 1 Packet Pg. 3 D.1 MinutesGrand Terrace Planning CommissionDecember 19, 2013 A.CONSENT CALENDAR Approval of Minutes Regular Meeting 11/07/2013 RESULT: ACCEPTED \[UNANIMOUS\] MOVER: Robert Bailes, Commissioner SECONDER: Ryan Stephens, Vice Chairman AYES: Tom Comstock, Robert Bailes, Ryan Stephens ABSENT: Ohm Kongtang B.ACTION ITEMS None C.PUBLIC HEARINGS 6.1 Site and Architectural Review 12-04/Conditional Use Permit 12-04 and Environmental 12-03: Proposal to Construct 12 Attached Townhome Units at 12156 Preston Street Community Development Director Molina gave a Power-point presentation on the item. Chairman Comstock opened the Public hearing at 6:34 p.m. Applicant, Darryl Moore, 22750 Minona Drive, said he didn't understand why street lights had been conditioned because they were not typical in Grand Terrace, He brought attention to condition number 5, related to 5800 watt LS1 street light, saying that he had never heard of one before and said it may be a typo. Director Molina answered by saying that the light pole condition was a requirement from the former Community Development Director and had been reviewed twice. Staff suggested the street light language be modified rather than deleted to allow the condition to be revisited later. Minutes Acceptance: Minutes of Dec 19, 2013 6:30 PM (CONSENT CALENDAR) Jeff McConnell, Walnut Avenue, requested that the light condition be removed because there was already a light on the street and the he extra light is not necessary. Doug Wilson, 12168 Conservative Drive, Grand Terrace, was in favor of the project. The Commission questioned why the staff report said that all units were being built simultaneously but the applicants' letter said the units would be built in phases. City of Grand Terrace Page 2 Packet Pg. 4 D.1 MinutesGrand Terrace Planning CommissionDecember 19, 2013 Director Molina clarified that the applicant letter of intent originally proposed phasing but that she later verified with the applicants that site will be graded and then building permits pulled at the same time so the units would be built simultaneously. The Commission was concerned with that lack of additional parking, separate from provided garage spaces. Mr. Moore said that it is typical CC&R & HOA to require use of garage parking space . He assured the Commission that additional parking will be available for the units. Staff suggested that a new condition be added for CC&Rs that require garage spaces to be used for parking and not storage. Director Molina asked to change the Public Works lighting condition to be at the discretion of the Community Development Director so it can be determined whether lighting requirement would be appropriate. There being no further comments in favor or in opposition, Chairman Comstock closed Public Hearing at 6:47 p.m. 1) CONDUCT A PUBLIC HEARING, AND 2) ADOPT A RESOLUTION APPROVING SITE AND ARCHITECTURAL REVIEW 12- 04, CONDITIONAL USE PERMIT 12-04 AND ENVIRONMENTAL 12-03, SUBJECT TO THE CONDITIONS OF APPROVAL CONTAINED IN THE RESOLUTION. RESULT: APPROVED \[UNANIMOUS\] MOVER: Robert Bailes, Commissioner SECONDER: Ryan Stephens, Vice Chairman AYES: Tom Comstock, Robert Bailes, Ryan Stephens ABSENT: Ohm Kongtang 6.2 Site and Architectural Review 07-07- Restaurant within the Grand Terrace Town Square Master Development Plan Community Development Director Molina gave a Powerpoint presentation on the item. Minutes Acceptance: Minutes of Dec 19, 2013 6:30 PM (CONSENT CALENDAR) Chair Comstock opened the Public Hearing 6:35p.m. location because she is a neighboring homeowner. She appreciated the proposed change to the hours of operation and asked about the plans for a dividing block wall and trees for the site. She also said that semi-trucks have a difficult time turning in and out of the parking lot from Stater Bros. And there is currently no walkway for pedestrians. Chair Comstock asked staff what the semi-truck loading and unloading hours are. City of Grand Terrace Page 3 Packet Pg. 5 D.1 MinutesGrand Terrace Planning CommissionDecember 19, 2013 Director Molina responded saying that a representative was in attendance to clarify further. Applicant, Kori Seki, Rancho Santa Margarita, responded that the delivery trucks will load and unload during the proposed hours of operation from 6:00 a.m. to 11:00 p.m. He said the economics of the project will be impacted due to the time change as well. Applicant, Kelly Johnson, thanked staff and would be available for questions. Jim Bickel, Bickel Underwood and Architecture, he identified that a condition for no left turns was included and a new pedestrian path of travel for the project would be developed. Matt, 22273 Barton Road, he was concerned about noise and asked staff if a retaining wall would be built for neighboring properties and what the elevation of the commercially zoned property to the east would be. Director Molina responded that the east property line is zoned commercial. She said there was a condition to have enhanced evergreen trees placed on the property line instead of screen block wall. Doug Wilson, 12168 Observation, he talked about his concerns related to the trees not blocking much sound and that the small 3 foot block wall will not keep headlights from shining on neighboring properties. There being no further comments in favor or in opposition, Chairman Comstock closed Public Hearing at 7:18 p.m. 1) CONDUCT A PUBLIC HEARING, AND 2) ADOPT A RESOLUTION APPROVING SITE AND ARCHITECTURAL REVIEW 07- 07-A2, SUBJECT TO THE CONDITIONS OF APPROVAL CONTAINED IN THE RESOLUTION. RESULT: APPROVED \[UNANIMOUS\] MOVER: Robert Bailes, Commissioner SECONDER: Ryan Stephens, Vice Chairman AYES: Tom Comstock, Robert Bailes, Ryan Stephens Minutes Acceptance: Minutes of Dec 19, 2013 6:30 PM (CONSENT CALENDAR) ABSENT: Ohm Kongtang D.INFORMATION TO COMMISSIONERS Staff mentioned that there would be changes to the budget for the Fiscal Year but no reductions as initially thought and advertising for vacant positions would begin soon. City of Grand Terrace Page 4 Packet Pg. 6 D.1 MinutesGrand Terrace Planning CommissionDecember 19, 2013 E. INFORMATION FROM COMMISSIONERS Commissioner Bailes thanked staff for a great year. Chair Comstock wanted to know whether Caltrans and the City Council had discussed placement of a City logo or symbol at the new train bridge at Barton Road. ADJOURN Chairman Comstock adjourned the meeting at 7:35 p.m. The next scheduled meeting of the Site and Architectural Review Board/Planning Commission to be held on January 2, 2014. _________________________________ _________________________________ Tom Comstock Sandra Molina Chairman of the Grand Terrace Planning Community Development Director Minutes Acceptance: Minutes of Dec 19, 2013 6:30 PM (CONSENT CALENDAR) Commission City of Grand Terrace Page 5 Packet Pg. 7 This page left intentionally blank. D.2 CITY OF GRAND TERRACE PLANNING COMMISSION MINUTES Council ChambersRegular Meeting6:30 PM CALL TO ORDER Chairman Comstock convened the Meeting of the Planning Commission and Site and Architectural Review Board at 6:30 p.m. Pledge of Allegiance led by Commissioner Bailes. Attendee NameTitleStatusArrived Tom ComstockChairmanPresent Ryan StephensVice-ChairmanAbsent Robert BailesCommissionerPresent Ohm KongtangCommissionerPresent Sandra MolinaCommunity Development DirectorPresent Mari MontesSecretaryPresent Ivy TsaiAssistant City AttorneyPresent APPROVAL OF AGENDA Agenda approved five ayes: Chairman Comstock, Vice-chair Stephens and Commissioners Bailes and Kongtang. PRESENTATION None PUBLIC ADDRESS Public address to the Commission shall be limited to three minutes unless extended by the Chairman. Should you desire to make a longer presentation, please make written request to be agendized to the Director of Community Development Department. This is the opportunity for members of the public to comment on any items not appearing on the regular agenda. Because of restrictions contained in California Law, the Planning Commission may not discuss or act on any item not on the agenda, but may briefly respond to statements made or ask a question for clarification. The Chairman may also request a brief response from staffto questions raised during public comment or may request a matter be agendized for a future meeting. City of Grand TerracePage 1 Packet Pg. 8 D.2 MinutesGrand Terrace Planning CommissionFebruary 20, 2014 A.CONSENT CALENDAR None B.ACTION ITEMS None C.PUBLIC HEARINGS 1. Conditional Use Permit 14-02 to establish a 4,200 square foot personal fitness gym. Chair Comstock opened the public hearing at 6:34 p.m. Conditional Use Permit 14-02 to establish a 4,200 square foot personal fitness gym. Director Sandra Molina presented the item and indicated the use is proposed in the Restricted Manufacturing zone district, which requires a CUP, and that due to the size of the space to be occupied the CUP could not be handled administratively. Applicant and Co-owner, Lance Branston, explained the use of the gym, amenities and the hours of operation along with parking demands. There being no further comments in favor or opposition, Chairman Comstock closed the Public Hearing at 6:43 p.m. -Lynn on page 9 of the staff report. 1. CONDUCT A PUBLIC HEARING; AND 2. ADOPT A RESOLUTION APPROVING CONDITIONAL USE PERMIT 14-02, SUBJECT TO CONDITIONS OF APPROVAL. Minutes Acceptance: Minutes of Feb 20, 2014 6:30 PM (CONSENT CALENDAR) RESULT: APPROVED \[UNANIMOUS\] AYES: Tom Comstock, Jeffrey Allen, Tara Cesena, Edward A. Giroux ABSENT: Ryan Stephens City of Grand Terrace Page 2 Packet Pg. 9 D.2 MinutesGrand Terrace Planning CommissionFebruary 20, 2014 D.INFORMATION TO COMMISSIONERS Director Molina identified that three (3) Planning Commission terms are expiring and create vacancies. Director Molina will add the item to the Council's March agenda for consideration. She confirm that Chair Comstock's term is not one of the three expiring. E. INFORMATION FROM COMMISSIONERS None ADJOURN Chairman Comstock adjourned the meeting at 6:48 p.m. The next scheduled meeting of the Site and Architectural Review Board/Planning Commission to be held on March 6, 2014. _________________________________ _________________________________ Minutes Acceptance: Minutes of Feb 20, 2014 6:30 PM (CONSENT CALENDAR) Tom Comstock Sandra Molina Chairman of the Grand Terrace Planning Community Development Director Commission City of Grand Terrace Page 3 Packet Pg. 10 D.2 MinutesGrand Terrace Planning CommissionFebruary 20, 2014 Minutes Acceptance: Minutes of Feb 20, 2014 6:30 PM (CONSENT CALENDAR) City of Grand Terrace Page 4 Packet Pg. 11 D.3 CITY OF GRAND TERRACE PLANNING COMMISSION MINUTES Council ChambersRegular Meeting6:30 PM CALL TO ORDER Chairman Comstock convened the Meeting of the Planning Commission and Site and Architectural Review Board at 6:30 p.m. Pledge of Allegiance led by Commissioner Giroux. Attendee NameTitleStatusArrived Tom ComstockChairmanPresent Ryan StephensVice-ChairmanPresent Jeffrey AllenCommissionerPresent Tara CeseñaCommissionerPresent Edward A. GirouxCommissionerPresent Sandra MolinaCommunity Development DirectorPresent Jessica LambarenaSecretaryPresent Ivy TsaiAssistant City AttorneyPresent APPROVAL OF AGENDA Five ayes Agenda approved; Chairman Comstock, Vice-chair Stephens and Commissioners Ceseña, Giroux, and Allen. PRESENTATION None PUBLIC ADDRESS Public address to the Commission shall be limited to three minutes unless extended by the Chairman. Should you desire to make a longer presentation, please make written request to be agendized to the Director of Community Development Department. This is the opportunity for members of the public to comment on any items not appearing on the regular agenda. Because of restrictions contained in California Law, the Planning Commission may not discuss or act on any item not on the agenda, but may briefly respond to statements made or ask a question for clarification. The Chairman may also request a brief response from staff to questions raised during public comment or may request a matter be agendized for a future meeting. City of Grand TerracePage 1 Packet Pg. 12 D.3 MinutesGrand Terrace Planning CommissionJune 18, 2015 A.CONSENT CALENDAR Minutes Approval 1. Approval of Minutes Regular Meeting 01/16/2014 RESULT: ACCEPTED \[UNANIMOUS\] MOVER: Ryan Stephens, Vice-Chairman SECONDER: Jeffrey Allen, Commissioner AYES: Comstock, Stephens, Allen, Ceseña, Giroux B.PUBLIC HEARINGS 2. Zoning Code Amendment 15-01 Amending Title 18 Relating to Chapter 18.80 Signs Chairman Comstock opened the Public Hearing at 6:39 p.m. Community Development Director Molina, presented the staff report for this item and brought forth a few suggested revisions following a previously held workshop. Changes include: (a) supplemental study findings for animated and electronic signs; (b) a repeal request for the Off-Site Subdirectional Sign Program from Mr. McConnell that asked that other sign management program options be established rather than continuing operations with the Building Industry Association (BIA). Staff recommended the Building Industry Association (BIA) continue to manage the signs. (c) a request from the Chamber of Commerce to revise the proposed 120- consecutive day allowable use within the temporary sign ordinance to give business owners more flexibility. Staff modified the language and proposed two 60-day consecutive uses, with flexible time in between, for a total 120 cumulative calendar days per year. Minutes Acceptance: Minutes of Jun 18, 2015 6:30 PM (CONSENT CALENDAR) Director Molina answered questions of the Commission related to: whether any written communication had been received, vehicle signs/wraps, billboard signs and city sign restrictions, and who would keep track of the temporary sign permits. Commissioner Giroux was concerned that the animated & electronic sign studies and findings provided by the legal staff had not been tested and do not provide concrete evidence to conclusively determine the findings of impacts to drivers. Furthermore, he said that the findings would not meet the judicial satisfaction to use as a research study paper as defense in court if future legal action was taken. City of Grand Terrace Page 2 Packet Pg. 13 D.3 MinutesGrand Terrace Planning CommissionJune 18, 2015 Ivy Tsai, City Attorney, assured the Commission that the proposed draft electronic sign study documentation had sufficient evidence and findings and would be adequate for any legal defense in court, because the ordinance does not rely solely on the studies, but also cites aesthetic as a basis. Mr. Giroux offered to work with staff to rewrite the language to avoid any future legal n the item be forwarded to City Council for further review and consideration. The Commission identified missing information in the staff report to complete the sentence on page 26, item B. Staff agreed to correct the error. There being no further comments in favor or in opposition, Chairman Comstock closed the Public Hearing at 7:21 p.m. ADOPT RESOLUTION NO. 2015-__ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GRAND TERRACE RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF GRAND TERRACE AMEND TITLE 18 OF THE GRAND TERRACE MUNICIPAL CODE BY REPEALING AND REPLACING CHAPTER 18.80 SIGNS IN ITS ENTIRETY RESULT: APPROVED \[UNANIMOUS\] MOVER: Tara Ceseña, Commissioner SECONDER: Ryan Stephens, Vice-Chairman AYES: Comstock, Stephens, Allen, Cesena, Giroux C.INFORMATION TO COMMISSIONERS Director Molina introduced new City Manager, Mr. G. Harold Duffey, to the Commission. D.INFORMATION FROM COMMISSIONERS Minutes Acceptance: Minutes of Jun 18, 2015 6:30 PM (CONSENT CALENDAR) None City of Grand Terrace Page 3 Packet Pg. 14 D.3 MinutesGrand Terrace Planning CommissionJune 18, 2015 ADJOURN Chairman Comstock adjourned the meeting at 7:30 p.m. Adjourn to the next scheduled meeting of the Site and Architectural Review Board/Planning Commission to be held on July 2, 2015 at 6:30 p.m. _________________________________ _________________________________ Tom Comstock Sandra Molina Chairman of the Grand Terrace Planning Community Development Director Commission Minutes Acceptance: Minutes of Jun 18, 2015 6:30 PM (CONSENT CALENDAR) City of Grand Terrace Page 4 Packet Pg. 15 D.4 CITY OF GRAND TERRACE PLANNING COMMISSION MINUTES Council ChambersRegular Meeting6:30 PM CALL TO ORDER Convene the Meeting of the Planning Commission and Site and Architectural Review Board. Pledge of Allegiance. Attendee NameTitleStatusArrived Tom ComstockChairmanPresent Ryan StephensVice-ChairmanPresent Jeffrey AllenCommissionerAbsent Tara CesenaCommissionerPresent Edward A. GirouxCommissionerPresent Sandra MolinaCommunity Developoment DirectorPresent Jessica LambarenaSecretaryPresent APPROVAL OF ADENGA APPROVED PUBLIC ADDRESS Public address to the Commission shall be limited to three minutes unless extended by the Chairman. Should you desire to make a longer presentation, please make written request to be agendized to the Director of Community Development Department. This is the opportunity for members of the public to comment on any items not appearing on the regular agenda. Because of restrictions contained in California Law, the Planning Commission may not discuss or act on any item not on the agenda, but may briefly respond to statements made or ask a question for clarification. The Chairman may also request a brief response from staff to questions raised during public comment or may request a matter be agendized for a future meeting. A.CONSENT CALENDAR 1.Approval of Minutes Regular Meeting04/16/2015 City of Grand TerracePage 1 Packet Pg. 16 D.4 MinutesGrand Terrace Planning CommissionSeptember 3, 2015 RESULT: ACCEPTED \[UNANIMOUS\] MOVER: Tara Cesena, Commissioner SECONDER: Ryan Stephens, Vice-Chairman AYES: Tom Comstock, Ryan Stephens, Tara Cesena, Edward A. Giroux ABSENT: Jeffrey Allen B.PUBLIC HEARINGS 2.Site and Architectural Review 15-03 and Environmental 15-05 Located at 22247 Pico Street 2.Site and Architectural Review 15-03 and Environmental 15-05 Located at 22247 Pico Street Community Development Director, Sandra Molina gave a presentation on the item. She brought attention to the Commission, a condition that was added to allow the applicant to change the artificial turf in the front yard to natural turn as long as it was consistent with the State of California Water Landscape Ordinance. She answered questions of the Commission related whether any written communication had been received. Director Molina responded by informing the Commission that notices to the public were sent out within a 300 foot radius but that no comments were received by staff. Chairman Comstock opened the public hearing Applicant, Darryl Moore, 22750 Minona Drive, said he was happy with the architecture and answered questions from the Commission related to artificial turf. Chairman Comstock closed the public hearing. 1) CONDUCT A PUBLIC HEARING, AND 2) ADOPT RESOLUTION NO. 2015-__, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GRAND TERRACE ADOPTING AN ENVIRONMENTAL EXEMPTION AND APPROVING SITE AND ARCHITECTURAL REVIEW 15-03 TO CONSTRUCT 12 SINGLE FAMILY RESIDENTIAL HOMES ON 12 APPROVED LOTS LOCATED AT 22247 PICO STREET RESULT: APPROVED \[UNANIMOUS\] MOVER: Ryan Stephens, Vice-Chairman SECONDER: Edward A. Giroux, Commissioner AYES: Tom Comstock, Ryan Stephens, Tara Cesena, Edward A. Giroux ABSENT: Jeffrey Allen Minutes Acceptance: Minutes of Sep 3, 2015 6:30 PM (CONSENT CALENDAR) C.INFORMATION TO COMMISSIONERS Director Molina reminded the Commission of the next Planning Commission meeting schedule for September 17, 2015 and guest General Manager Don Howe will attending to talk about water restrictions. She also mentioned that Planning Commission minutes from previous years that had not been approved would be added to future agendas. D.INFORMATION FROM COMMISSIONERS City of Grand Terrace Page 2 Packet Pg. 17 D.4 MinutesGrand Terrace Planning CommissionSeptember 3, 2015 Commissioner Stephens identified that there was a discrepancy on between speed limit signs postings and the speed painted on the roads on De Berry Street. He wanted to know whether staff had plans to correct it. Director Molina responded by saying that the speed painted on the street is correct. Furthermore, she said that an additional sign was supposed to be added identifying it was a school zone. She continued saying that sometimes speed variances around school zones can change. Commissioner Giroux added that California code requires a 25 mile per hour sign when children are present within 300 feet of a school. Director Molina indicated she would follow up with the speed discrepancy. Commissioner Comstock asked staff whether there were plans to rebuild the burnt building on Commerce. Director Molina responded and said that the owner had intentions to rebuild but that no application had been submitted to the City yet. Director Molina indicated that the property might be acquired for the future interchange project which would explain why nothing had been done to the building. She opted to follow up with the property owner after September 9, 2015. ADJOURN Chairman Comstock adjourned the meeting at 6:45 p.m. Adjourn to the next scheduled meeting of the Site and Architectural Review Board/Planning Commission to be held on September 17, 2015 at 6:30 p.m. Minutes Acceptance: Minutes of Sep 3, 2015 6:30 PM (CONSENT CALENDAR) City of Grand Terrace Page 3 Packet Pg. 18 This page left intentionally blank. E.1 AGENDA REPORT MEETING DATE:October 15, 2015 TITLE:Selection of Planning Commission Chair and Vice-Chair for Fiscal Year 2015-2016 PRESENTED BY:Sandra Molina, Community Development Director RECOMMENDATION:Select a Planning Commission Chair and Vice Chair for Fiscal Year 2015-2016 BACKGROUND / DISCUSSION Pursuant to California Government Code Section 65100, the City Council establishes a planning commission and designates the planning commission as the planning agency of the City. Chapter 2.16 of the Municipal Code (attached) governs the establishment and operation of the Planning Commission. Members are appointed for four-year terms, and all members of the Planning Commission serve at the pleasure of the City Council. 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 Chairman, and one of its members to server as Vice-Chairman. Therefore, staff recommends that the Commission select a Chair and Vice-Chair for this fiscal year. ATTACHMENTS: Municode Chapter 2.16 Planning Commission(PDF) APPROVALS: Sandra MolinaCompleted10/08/2015 7:49 AM City AttorneyCompleted10/08/2015 10:11 AM Community DevelopmentCompleted10/08/2015 10:37 AM PlanningCommissionPending10/15/2015 6:30 PM Packet Pg. 19 E.1.a Attachment: Municode Chapter 2.16 Planning Commission (1785 : Selection of Planning Commission Chair and Vice-Chair for Fiscal Year 2014- Packet Pg. 20 F.2 AGENDA REPORT MEETING DATE:October 15, 2015 TITLE:Ordinance: Art in Public Places PRESENTED BY:Sandra Molina, Community Development Director RECOMMENDATION:Adopt Resolution No. 2015 -__ A Resolution of the Planning Commission of the City of Grand Terrace Recommending that City Council of the City of Grand Terrace Amend Title 18 of the Grand Terrace Municipal Code by Adding Chapter 18.74 (Art in Public Places) 2030 VISION STATEMENT: This staff report supports 2030 Vision Mission and Vision: To preserve and protect our community and its exceptional quality of life through thoughtful planning, within the constraints of fiscally responsible government. Grand Terrace is an exceptionally safe and well managed City, known for its natural beauty and recreational opportunities; a vibrant and diverse local economy; a place where residents enjoy an outstanding quality of life that fosters pride and an engaged community, encouraging families to come and remain for generations. BACKGROUND: The City of Grand Terrace desires to implement an Art in Public Places Program. Public art is a critical element of providing a diverse and culturally rich environment to residents and visitors to the City of Grand Terrace and provides quality of life that promotes the general public welfare. In order to ensure that public art is present throughout the City it is necessary to require all new non-residential development in the City of Grand Terrace to include an element of public art; or where appropriate, contribute to a City fund for public art, in an amount to be determined by the City Council, in lieu of providing said art. DISCUSSION: The proposed amendment to the zoning code establishes the following: Expands opportunities for citizens of the City of Grand Terrace toexperience public art resulting from the creative expression of visual artists throughout the City. (Artist in this amendment is defined as a practitioner in the Arts, generally recognized by critics and peers as one who produces works of art through a record of exhibitions, public commissions, sales of work or educational attainment). Packet Pg. 21 F.2 The cost of public art must be equal to at least one percent (1%) of the estimated total construction cost. The developer has the option to opt out of the public art requirement and instead pay the equivalent in lieu fee which shall be a one percent (1%) fee of the total estimated construction cost. Creates a Public Art Fund as a separate fund to receive monies from any source by the Public Art Fund. The Public Art fee shall apply to the total estimated construction cost (labor and materials) of all new non-residential development projects. City Manager is directed to create a special interest-bearing fund entitled Public Art Fund, or other appropriate accounting mechanism. Funds shall be expended solely for the costs associated with projects that result in the creation, purchase, installation, security or maintenance of art in public places. Public art on private property shall be vested in the owner and pass to the successive owners of the development project. Public art installed on public property is owned by the City of Grand Terrace. The proposal for public art in a construction project shall be considered as an element of the site and architectural design review. Approval of all public art shall require a review of the City of Grand Terrace Planning Commission which shall make a recommendation to the City Council for the final approval or denial. Removal of public art must go through a site review process unless the replacement will be identical to the existing art work and in the same location. Cost of replacement shall be equal to, or greater than, the initial cost of the existing public art to be removed adjusted for time. The proposed ordinance is not a taking under state law because there are court cases that hold that regulations imposing aesthetic requirements through zoning enactments are valid exercises of the police power and do not constitute impermissible takings merely because they may restrict uses or impose costs in conjunction with the development of property (ie. Ehrlich V. City of Culver City (1996); Agins v. Tiburon (1980); and Penn Central Transportation Company v. New York City (1978). In addition, because the public art contribution is being legislatively imposed as a generally applicable conditional of development it must only bear a reasonable relationship to the burden created by the development instead of the heightened judicial scrutiny imposed upon conditions imposed in individual cases which must have a substantial relationship between the burden created by the development and the condition imposed. The public art contribution is a zoning requirement that furthers lice power. Packet Pg. 22 F.2 ENVIRONMENTAL REVIEW: The art in public places requirement is not subject to the California Environmental Quality Act (CEQA), pursuant to CEQA Guideline 15061 (b)(3) general rule in that there is no potential of having a significant impact upon the environment. PUBLIC NOTICE: Public notice was provided in accordance with state law, which included publishing a legal advertisement in the Grand Terrace City News, and posting in three public places. CONCLUSION: Staff is recommending that the Planning Commission adopt the attached resolution recommending that the City Council amend Title 18 of the Grand Terrace Municipal Code by adding Chapter 18.74 (Art in Public Places) establishing a public art requirement or in lieu fee equivalent for all new non-residential development projects. ATTACHMENTS: Planning Commission Resolution No. 2015 - (DOCX) Art in Public Places Ordinance (DOC) APPROVALS: Sandra Molina Completed 10/07/2015 3:56 PM Finance Skipped 10/07/2015 3:49 PM City Attorney Completed 10/07/2015 4:42 PM Community Development Completed 10/07/2015 5:50 PM City Manager Skipped 10/07/2015 3:55 PM Planning Commission Pending 10/15/2015 6:30 PM Packet Pg. 23 This page left intentionally blank. F.2.a RESOLUTION NO. 2015- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GRAND TERRACE RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF GRAND TERRACE AMEND TITLE 18 OF THE GRAND TERRACE MUNICIPAL CODE BY ADDING CHAPTER 18.74 (ART IN PUBLIC PLACES) ESTABLISHING A PUBLIC ART REQUIREMENT OR IN LIEU FEE EQUIVALENT FOR ALL NEW NON-RESIDENTIAL DEVELOPMENT PROJECTS 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, this policy has been determined to be exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to Title 14, California Code WHEREAS, on October 15, 2015, the Planning Commission conducted a duly noticed public hearing on Zoning Code Amendment 15-03 at the Grand Terrace 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 finds as follows with respect to Zoning Code Amendment 15-03: a. The proposed zoning amendment will not be detrimental to the health, safety, morals, comfort or general welfare of the persons residing or working within the neighborhood of the proposed amendment or injurious Attachment: Planning Commission Resolution No. 2015 - (1783 : Ordinance: Art in Public Places) to property or improvements in the neighborhood or within the City because the regulations are intended to protect the public health, safety, and welfare and provide for the integrity and preservation of community aesthetics through modern implementation of a uniform set of rules and regulations. Page 1 of 4 Packet Pg. 24 F.2.a b. The proposed zoning amendment is consistent with and promotes the adopted General Plan, and Land Use Policy 2.3.2 to maintain and as an encouragement of new commercial development. 2. 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 in, and by this reference reaffirmed by the Commission, the lengthy and detailed findings set forth in the ordinance, attached hereto as Exhibit 1 to this resolution, and recommends that the City Council adopt the attached Ordinance. PASSED AND ADOPTED by the Planning Commission of the City of Grand Terrace, th California, at a regular meeting held on the 15 day of October, 2015. AYES: NOES: ABSENT: ABSTAIN: ATTEST: __________________________ _________________________ Pat Jacques-Nares Tom Comstock City Clerk Chairman Attachment: Planning Commission Resolution No. 2015 - (1783 : Ordinance: Art in Public Places) Page 2 of 4 Packet Pg. 25 F.2.a I, Pat Jacquez-Nares, City Clerk of the City of Grand Terrace, do hereby certify that the foregoing Ordinance was introduced and adopted at a regular meeting of the City Council of the City of Grand Terrace held on the ____ of _____, 2015, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ___________________________ Pat Jacquez-Nares City Clerk Approved as to form: ___________________________________ Richard L. Adams, II City Attorney Attachment: Planning Commission Resolution No. 2015 - (1783 : Ordinance: Art in Public Places) Page 3 of 4 Packet Pg. 26 F.2.a Exhibit 1 Attached on following page(s) Attachment: Planning Commission Resolution No. 2015 - (1783 : Ordinance: Art in Public Places) Page 4 of 4 Packet Pg. 27 F.2.b EXHIBIT 1 ORDINANCE NO. ___ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, STATE OF CALIFORNIA, ADOPTING ZONING CODE AMENDMENT 15-03 AMENDING TITLE 18 OF THE MUNICIPAL CODE BY ADDING CHAPTER 18.74 (ART IN PUBLIC PLACES) ESTABLISHING A PUBLIC ART REQUIREMENT OR IN LIEU FEE EQUIVALENT FOR ALL NEW NON-RESIDENTIAL DEVELOPMENT PROJECTS WHEREAS, the City Council has determined that public art is a critical element of providing a diverse and culturally rich environment to residents and visitors to Grand Terrace that promotes the general public welfare; and WHEREAS, a well-conceived work of art can increase the value of a development project, help to lease space more quickly, enhance the corporate image of the community, promote cultural tourism and provide a visible and lasting contribution to the community in return for the ability to build; and WHEREAS, in order to ensure that public art is present throughout the community it is necessary to require that all new non-residential development in the City of Grand Terrace include an element of public art; or where appropriate, contribute to a City fund for public art, in an amount to be determined by the City Council, in lieu of providing said art; and WHEREAS, the Planning Commission takes legislative notice of court cases holding that regulations imposing aesthetic requirements through zoning enactments are valid exercises of the police power and do not constitute impermissible takings merely because they may restrict uses or impose costs in conjunction with the development of property th (see e.g., Ehrlich v. City of Culver City (1996) 12 Cal. 4 854, 885-886; Metromedia Inc. v. San Diego (1980) 453 U.S. 490, 508 fn. 13; Penn Central Transp. Co. v. New York City (1978) 438 U.S. 104, 124; Agins v. Tiburon, (1980) 447 U.S. 255); and WHEREAS, the requirement that applicants for development projects provide either public art or an in lieu equivalent is a legitimate and valid land use regulation that has been compared by the California courts as akin to traditional land use regulations imposing minimal setbacks, parking and lighting conditions, landscaping requirements and other Attachment: Art in Public Places Ordinance (1783 : Ordinance: Art in Public Places) design conditions; and WHEREAS, the City Council hereby finds that the public art contribution is thus ubject to the requirements of the California Mitigation Fee Act, California Government Code 66000 et seq, nor a development exaction subject to the heightened scrutiny of relevant rules set forth in Nollan v. California Coastal Commission 483 U.S. 825 (1987) and Dolan v. City of Tigard 512 U.S. 374 (1994), but rather, that the public art contribution is a zoning requirement that furthers aesthetic objectives under the Packet Pg. 28 F.2.b WHEREAS, pursuant to Chapter 18.90 (Amendments) of the City of Grand Terrace Municipal Code, the Planning Commission shall hold a public hearing on any proposed amendment to the Zoning Code; and WHEREAS, at their October 15, 2015 meeting, the Grand Terrace Planning Commission conducted a duly noticed public hearing on the ordinance at 22795 Barton Road, Grand Terrace, California 92313; reviewed the draft version of the Art in Public Places ordinance and forwarded a recommendation to the Grand Terrace City Council to adopt the proposed ordinance with their modifications included. WHEREAS, on November 10, 2015, the City Council conducted a duly noticed public hearing on the ordinance at the Grand Terrace Council Chambers located at 22795 Barton Road, Grand Terrace, California 92313 and conducted second reading on November 24, 2015; and 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. Chapter 18.74 (Art in Public Places) is added to Title 18 of the Municipal Code as follows: CHAPTER 18.74 ART IN PUBLIC PLACES Sections: 18.74.010 Purpose 18.74.020 Definitions 18.74.030 Applicability 18.74.040 Public Art Contribution Requirements 18.74.050 Execution of Installation / Time of Payment 18.74.060 Public Art Fund 18.74.070 Use of Funds 18.74.080 Ownership & Maintenance of Art 18.74.090 Review Process / Standards Attachment: Art in Public Places Ordinance (1783 : Ordinance: Art in Public Places) 18.74.100 Removal of Public Art 18.74.110 Annual Report 18.74.120 Authority for Additional Mitigation 18.74.130 Waiver Section 18.74.010 Purpose The purpose of this chapter is to expand the opportunities for citizens of the City of Grand Terrace to experience public art resulting from the creative expression of its visual artists in 2 Packet Pg. 29 F.2.b public places throughout the City. A standard is hereby established to direct the inclusion of works of art in new non-residential development projects and establishing a fund used solely for the creation, purchase, installation, security and maintenance of art in public spaces throughout the City. Section 18.74.020 Definitions A. rtistpractitioner in the Arts, generally recognized by critics and peers as one who produces works of art through a record of exhibitions, public commissions, sale of works, or educational attainment. B. Artall forms of original creations of visual arts, including but not limited to: 1. sculpture in any material or combination of materials 2. painting all media including portable and permanently affixed works, such as murals and frescoes 3. graphic arts print making and drawing 4. mosaics 5. photography 6. crafts in clay, fiber and textiles, wood, metal, plastics, and other materials; 7. calligraphy 8. stained glass 9. mixed media any combination of forms or media, including collage. C. Grand Terrace. D. Development Projecta proposal for the development of improved or unimproved real property, including but not limited to: offices, hotels, Attachment: Art in Public Places Ordinance (1783 : Ordinance: Art in Public Places) motels, restaurants, but excluding all r- units. E. means a separate fund established to receive monies from any source by the Public Art Fund. F. accessible or visible to the general public a minimum of eight (8) hours during a business day. 3 Packet Pg. 30 F.2.b G. Ceans the Planning Commission of the City of Grand Terrace. Section 18.74.030 Applicability This chapter shall apply to the total estimated construction costs (labor and materials) of all new non-residential development projects. Section 18.74.040 Public Art Contribution Requirements A. All new non-residential development projects subject to the requirements of this section shall install public art on the project site in a public place as approved by the City Council. B. The cost of the public art must be equal to at least one percent (1%) of the estimated total construction cost. C. The creator of public art shall be an artist, defined as a person who has a reputation among peers as a person of artistic excellence, through a record of exhibitions, public commissions, sale of works, or educational attainment. D. The developer has the option to opt out of this requirement and instead pay the equivalent in lieu fee which shall be a one percent (1%) fee of the total estimated construction costs. Section 18.74.050 Execution of Installation / Time of Payment A. If the developer chooses to pay the in lieu fee, payment in full shall be required at the time all fees are due on any project processed through the City or upon completion of the project, whichever occurs first. B. The payment of all outstanding fees shall be required prior to the issuance of a Certificate of Occupancy. C. For the developers choosing to provide art as part of their project, the developer shall provide the City with proof of installation of the required public art on the development site prior to the issuance of a Certificate of Attachment: Art in Public Places Ordinance (1783 : Ordinance: Art in Public Places) Occupancy. Section 18.74.060 Public Art Fund A. The City Manager is hereby directed to create a special interest-bearing fund entitled Public Art Fund, or other appropriate accounting mechanism. B. The City Manager or his/her designee shall administer the Public Art Fund. 4 Packet Pg. 31 F.2.b Section 18.74.070Use of Funds A. All amounts collected from the in lieu fee shall be placed in said Public Art Fund and expended by the City Manager or his/her designee solely for the costs associated with projects that result in the creation, purchase, installation, security or maintenance of art in public spaces that include but are not limited to: paintings, mural decorations, inscriptions, stained glass, statues, reliefs or other sculptures, monuments, frescoes, mosaics or drawings. B. Furnishings or fixtures affixed to the building or its grounds, including architectural features of the building or landscaping that have been uniquely enhanced to be visually appealing, may qualify as art. Works of art may be temporary as well as permanent. Section 18.74.080 Ownership & Maintenance of Art A. Title to all public art required by and installed pursuant to this section on private property shall be vested in the owner and pass to the successive owners of the development project. B. Each successive owner shall be responsible for the custody, protection and Public art installed on public property is owned by the City of Grand Terrace and maintenance, removal or protection is the responsibility of the City. Section 18.74.090 Review Process / Standards A. The developer shall submit a narrative proposal and artistic rendering of the public art in satisfaction of the requirements imposed by this section, including any additional information, plans or maps prescribed by the Director of Community Development at the time of submission of their development application, or indicate an intention to pay the in lieu fees. B. The proposal for the public art shall be considered as an element of the site and architectural design review. C. The approval of all public art to be created, purchased, installed, secured and maintained under this section shall require a review of the City of Grand Terrace Planning Commission which shall make a recommendation to the Attachment: Art in Public Places Ordinance (1783 : Ordinance: Art in Public Places) City Council for final approval or denial. D. The decision of the City Council shall be final. E. Review of all proposed artwork shall be considered based on the following criteria: a. Conceptual compatibility of the design with the immediate environment of the site; 5 Packet Pg. 32 F.2.b b. Appropriateness of the design to the function of the site; c. Compatibility of the design and location within a unified design character or historical character of the site; d. Creation of an internal sense of order and a desirable environment for the general community by the design and location of the work of art; e. Preservation and integration of natural features with the project; f. Appropriateness of the materials, textures, colors and design to the expression of the design concept; g. Representation of a broad variety of tastes within the community and the provision of a balanced inventory of art in public places to insure a variety of style, design and media throughout the community that will be representative of the eclectic tastes of the community; Section 18.74.100 Removal of Public Art A. If, for any reason, the current owner or successor in interest shall choose to replace any public art installed pursuant to this section, the following requirements shall be met before the art is replaced: a. The replacement of public art must go through the site review process established above, unless the replacement will be identical to the existing art work and in the same location. b. The cost of the replacement shall be equal to, or greater than, the initial cost of the existing public art to be removed adjusted for time. c. The location of the replacement public art shall meet the requirement for public visibility in effect at the time of the replacement. d. The replacement of public art shall conform, in every respect, to all standards in effect at the time of the replacement. Attachment: Art in Public Places Ordinance (1783 : Ordinance: Art in Public Places) e. The replacement public art, location and installation shall violate no other ordinance. f. The replacement public art shall be installed within 180 days of the removal of the existing public art piece, unless the period is extended by the Director of Planning and Development Services. g. The owner may choose to pay an in lieu fee equivalent to the cost of the replacement of the existing public art. 6 Packet Pg. 33 F.2.b Section 18.74.110 Annual Report A. The City Manager or his/her designee shall annually prepare and present a report to the Grand Terrace City Council indicating the amount of revenues accumulated in the Art in Public Places Fund and the expenditures made by the City in the preceding fiscal year. Section 18.74.120 Authority for Additional Mitigation A. Fees collected pursuant to this section do not replace existing development fees or other charges or limit requirements or conditions to provide additional mitigation of impacts imposed upon development projects as part of the normal development review process. Section 18.74.130 Waiver A. The City Manager may request that the City Council exclude certain capital improvement projects from the provisions of this ordinance by the passage of a resolution authorizing such a waiver. Section 2. Any provision of the Grand Terrace Municipal Code or appendices thereto are inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. Section 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Grand Terrace hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. Section 4. This ordinance shall take effect thirty days from the date of adoption. th Section 5. First read at a regular meeting of the City Council held on the 10 of Attachment: Art in Public Places Ordinance (1783 : Ordinance: Art in Public Places) November, 2015 and finally adopted and ordered posted at a regular meeting of said City th Council on the 24 day of November, 2015. 7 Packet Pg. 34 F.2.b PASSED, APPROVED AND ADOPTED this ____ day of ____________, 2015. ATTEST: ____________________________ ______________________________ Pat Jacquez-Nares Darcy McNaboe City Clerk Mayor I, Patricia Jacquez-Nares, City Clerk of the City of Grand Terrace, do hereby certify that the foregoing Ordinance was introduced and adopted at a regular meeting of the City th Council of the City of Grand Terrace held on the 24 day of November, 2015. AYES: NOES: ABSENT: ABSTAIN: ___________________________________ Pat Jaquez-Nares City Clerk Approved as to form: ___________________________________ Richard L. Adams, II City Attorney Attachment: Art in Public Places Ordinance (1783 : Ordinance: Art in Public Places) 8 Packet Pg. 35 G.1 AGENDA REPORT MEETING DATE:October 15, 2015 TITLE:2013-2021 Housing Element; Status and Future Actions PRESENTED BY:Sandra Molina, Community Development Director RECOMMENDATION:1) Receive the report; and 2) Provide input and direction, as requested. 2030 VISION STATEMENT: A compliant Housing Element supports Goal #1,Ensuring Fiscal Viability and Goal #3, Promote Economic Development by providing an internally consistent General Plan. BACKGROUND: Housing Element Requirements. State law requiresthat each city adopt a General Plan is the Housing Element, which provides an overarching statement of City policies and programs for maintaining and improving existing housing, and accommodating Housing Elements must be updated on a regular schedule, and cities in San Bernardino County are required to adopt updates for the 2013-2021 planning period. State law establishes detailed requirements that cities must address in their Housing Elements. HCD Review and Certification. The state legislature has delegated authority to the sing Elements and issue opinions regarding their compliance with state law. A finding of trol of land use. Current Status of the Grand Terrace Housing Element. In 2013 City staff prepared an updated Housing Element and submitted the draft element to HCD for review. In nt, and on November 21, 2013 HCD issued a letter (Attachment 1) stating that additional revisions would be necessary for the element to fully comply with state law. The most significant issue raised by HCD was the availability of sites with appropriate zoning to -income families as assigned in On January 16, 2013 the Planning Commission conducted a public hearing and recommended adoption of the 2013-2021 Housing Element and on January 28, 2014 the City Council adopted the Housing Element. The adopted element was then submitted to HCD for final review pursuant to state law. In its review letter of March 17, 2014 (Attachment 2) HCD found that revisions to the adopted Housing Element are Packet Pg. 36 G.1 required in order to fully comply with state requirements. DISCUSSION: The issues raised by HCD are discussed below. Revisions to the Housing Element and related implementation actions will be required in order for the City to obtain HCD certification of the Housing Element. 1. Adequate Sites to Accommodate the RHNA. A key provision of state housing law is that every city must zone sufficient land for multi-family housing to accommodate its assigned need as identified in the RHNA. When sufficient sites are not identified, land must be rezoned to create additional capacity for multi-family housing. The RHNA allocated a total of 47 units in the very-low and low income categories to Grand Terrace for the 2013-2021 planning period. There is also an unaccommodated need of 11 units brought forward from the previous period, for a total of 58 lower-income units that must be accommodated. In order to create economies of scale for development, state law establishes a density of at least 20 units/acre that is considered necessary to accommodate lower-income housing. The only zoning designation allowing 20 units/acre is the R3-20 zone, and there is one vacant site with estimated potential for 16 units in this zone. Therefore, a shortfall of 42 units exists as compared to the lower-income RHNA allocation of 58 units, and at least 2.1 acres of land must be rezoned to allow multi-family housing at a minimum density of 20 units per acre to address this shortfall. The Housing Element cannot be found in full compliance with state law until the element is amended to identify sufficient additional sites to fully accommodate the RHNA and the rezoning of those sites is completed. Potential opportunities exist to utilize the infill residential and mixed use provisions in the Barton Road Specific Plan; or re-zone other properties within the City. This will be further discussed during the meeting. 2. Off-Street Parking Requirements for Multi-Family Housing. HCD has indicated that the garage requirement for multi-family rental housing is a constraint that adversely affects the cost and supply of housing. An amendment to zoning regulations is therefore necessary to mitigate this issue. Alternatives to the garage requirement would include the use of carports or open parking. There are existing residential complexes such as The Highlands and the Senior Villas with carport parking. 3. Program Implementation and Schedule. Programs 1, 5 and 12 must be revised to clarify specific actions the City will take during the 2013-2021 planning period. Program 1: Continue maintain an inventory of vacant and underutilized sites suitable for housing development, and make this information available to developers. Program 5: Provided the Housing Authority is allowed to keep properties transferred to them, make a 0.63-acre parcel available for development of low income housing units. Packet Pg. 37 G.1 Program 12: Periodically review residential development standards and regulations, ordinances, processing procedures, and fees to identify and mitigate constraints that may impede. 4. Programs to Assist Housing for Extremely-Low-Income Households. The Housing Element must include programs that address the needs of the households with incomes at or below 30% of the county median. This may also require revisions to the Zoning Code provisions for transitional housing. 5. Public Participation. Interested organizations representing the needs of lower-income households and persons with special needs must be included in the Housing Element update process. NEEDED ACTIONS: Housing Element certification: 1. Pursuant to Municipal Code Section 18.90.020.B, initiate amendments to the Zoning Code to: a. Amend the Zoning Map to designate additional sites totaling at least 2.1 acres for multi-family housing at a density of 20-24 units/acre; and b. Amend the Zoning Code to modify off-street parking requirements for multi- nsitional 2. Direct staff to prepare amendments to the Land Use, Public Health & Safety and Housing Elements of the General Plan to maintain consistency with the Zoning Code, provide additional specificity regarding housing program actions, and conform to housing law; and 3. Direct staff to present these amendments to the Planning Commission for consideration at a public hearing, and notify persons and organizations with an interest in housing issues regarding the hearing. ATTACHMENTS: HCD Review Letter_11.21.2013 (PDF) HCD Letter_3.17.2014 (PDF) APPROVALS: Sandra Molina Completed 10/07/2015 4:11 PM City Attorney Completed 10/07/2015 4:47 PM Community Development Completed 10/07/2015 5:51 PM Planning Commission Pending 10/15/2015 6:30 PM Packet Pg. 38 G.1.a Attachment: HCD Review Letter_11.21.2013 (1784 : Housing Element Discussion) Packet Pg. 39 G.1.a Attachment: HCD Review Letter_11.21.2013 (1784 : Housing Element Discussion) Packet Pg. 40 G.1.a Attachment: HCD Review Letter_11.21.2013 (1784 : Housing Element Discussion) Packet Pg. 41 G.1.a Attachment: HCD Review Letter_11.21.2013 (1784 : Housing Element Discussion) Packet Pg. 42 G.1.a Attachment: HCD Review Letter_11.21.2013 (1784 : Housing Element Discussion) Packet Pg. 43 G.1.a Attachment: HCD Review Letter_11.21.2013 (1784 : Housing Element Discussion) Packet Pg. 44 G.1.b Attachment: HCD Letter_3.17.2014 (1784 : Housing Element Discussion) Packet Pg. 45