11-19-2015
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 Ceseña¨¨¨
Commissioner Edward A. Giroux¨¨¨
APPROVAL OF AGENDA
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
AgendaGrand Terrace Planning CommissionNovember 19, 2015
A.ACTION ITEMS
1. Site and Architectural Review 15-07 and Environmental 15-09 Located at 22270 Barton
Road
RECOMMENDATION:
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 15-07 TO CONSTRUCT CONVERT A SINGLE FAMILY RESIDENCE INTO A
COMMERCIAL BEAUTY SALON LOCATED AT 22270 BARTON ROAD (APN 0275-
242-06)
DEPARTMENT: COMMUNITY DEVELOPMENT
B.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
C.INFORMATION TO COMMISSIONERS
D.INFORMATION FROM COMMISSIONERS
ADJOURN
Adjourn to the next scheduled meeting of the Site and Architectural Review
Board/Planning Commission to be held on December 3, 2015 at 6:30 p.m.
ater
than 14 calendar days preceding the meeting.
City of Grand Terrace Page 2
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AGENDA REPORT
MEETING DATE:November 19, 2015
TITLE:Site and Architectural Review 15-07 and Environmental 15-
09 Located at 22270 Barton Road
PRESENTED BY:Sandra Molina, Community Development Director
RECOMMENDATION: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 15-07 TO CONSTRUCT
CONVERT A SINGLE FAMILY RESIDENCE INTO A
COMMERCIAL BEAUTY SALON LOCATED AT 22270
BARTON ROAD (APN 0275-242-06)
PROPOSAL:
to convert an existing single family residence located at 22270 Barton Road into a
commercial hair salon business. The Applicants propose to add 414 square feet to the
existing structure for a total area of approximately 1,800 square feet. The property
designated BRSP-General Commercial.
The Applicants own Genesis Hair Salon which is currently located on LaCrosse Avenue.
However, the business needs to relocate due to the I-215/Barton Road Interchange
Project, and the Applicants have chosen to stay in Grand Terrace.
The Applicants have submitted a Letter of Intent which describes the proposed business
and anticipated hours of operation.
SITE AND SURROUNDING AREA:
The Project site is located on the north side of Barton Road roughly one-tenth of a mile
west of Canal Street. The Project site contains a single family residence, along with a
driveway and garage.
Surrounding uses include single family uses to the north, and commercial uses to the
east, west and south, including a dentist office, dance studio and the Grand Terrace
Town Square shopping center.
ANALYSIS:
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General Plan/Zoning Consistency
General Plan Land Use Map. The General Plan states that this designation is primarily
located along Barton Road and near the I-215 Freeway. It provides for general
commercial uses to serve the retail and service needs of the community. The proposed
beauty salon is consistent with the General Plan land use designation.
The proposed project si-
zoning designation. The BRSP-General Commercial zoning designation is intended to
allow for varied types of commercial uses that typically include department stores,
health centers, gift shops, hardware stores, bookstores, variety stores, and other similar
commercial retail uses. Permitted uses include beauty salons. Therefore, the use is
consistent with the BRSP-GC designation.
Site Plan/Parking
The site plan shows the existing residence which will be converted to a commercial
structure, along with the 414 square foot addition. The residential driveway will be
widened to 24 feet consistent with commercial standards. The rear portion of the site
will remain vacant and undeveloped. However, a block wall will be installed at the rear
property line. In the future, the Applicants hope to expand by developing the rear portion
of the site, but at this time it is not feasible. As such time as the rear portion of the
property is developed evergreen trees will be planted along the rear boundary.
Two parking spaces are required for each hair station. There are 4 stations requiring 8
spaces, and 8 spaces are provided. The front yard setback is 20 feet with minor parking
encroachments. The accessible parking space is located at the optimal location for
accessibility purposes. The required loading area for the accessible space encroaches
into the setback; however this is considered minor because vehicles cannot park in the
lizing decorative hardscape.
The existing garage will remain and will be used for storage. A trash enclosure is shown
along the west property line. A condition has been added to allow the use of 96-gallon
trash receptacles rather than a 3-yard bin, if permitted by the refuse company.
Architectural Elevations/Floor Plans
The structure will get a face lift with a new Silver Grey color coat and Peppercorn (dark
grey) trim color. The existing composition roof will remain the same. Where needed
matching roof shingles will be installed.
The 414 square foot addition is in keeping with the scale of the existing structure and
includes a large front window. A decorative stone wainscot along the base of the
addition is also proposed.
The interior of the structure will be completely renovated to meet commercial standards.
The floor plan shows the extent of the interior alterations, to include accessible
restrooms and hallways, work stations, breakroom, and the addition, which will display
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retail products.
Preliminary Landscape Plan
The widening of the driveway and installation of parking spaces will reduce the existing
planters. All new planter areas must utilize drip irrigation. Streetscape trees will also be
required to be installed.
Reviewing Agency Comments
The project materials and plans were forwarded to reviewing agencies for review and
Conditions of Approval for the Project. San Bernardino County Fire provided Pre-
Conditions of Approval and the Applicants will be required to obtain final conditions as
part of the technical review of the construction plans. The Agency conditions are
included in the Resolution of Approval as Exhibits 1, 2 and 3, respectively.
Riverside Highland Water Company also reviewed the Project and has no objections.
ENVIRONMENTAL REVIEW
The project qualifies for an exemption from the provisions of the California
Environmental Quality Act (CEQA) pursuant to Section 15332 of the State CEQA
Guidelines. This class exempts in-fill development projects where the site is less than
five acres in size and is not viable as habitat for sensitive species. The Notice of
Exemption
PUBLIC NOTICE:
Public notice of the Project was provided, including publishing in the San Bernardino
County Sun and mailing notices to property owners within 300 feet of the Project site,
10 days prior to the meeting date. 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.
CONCLUSION:
Genesis Hair Salon is being required to relocate due to the Interchange Project and
they desire to stay in Grand Terrace. They have purchased the existing property and
propose to establish the commercial hair salon. The conversion of the residence to a
commercial use is consistent with the Barton Road Specific Plan, Zoning Code and
General Plan. As intended by the Barton Road Specific Plan, the Project promotes
development of the commercial corridor.
APPROVALS:
Sandra Molina Completed 11/13/2015 10:02 AM
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City Attorney Completed 11/13/2015 11:00 AM
Community Development Completed 11/13/2015 11:02 AM
Planning Commission Pending 11/19/2015 6:30 PM
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12040 La Crosse Ave.
Grand Terrace, CA 92313
(909) 824-0116
November 11, 2015
City of Grand Terrace
Re: INTENT TO CONTINUE BUSINESS IN GRAND TERRACE
Ladies & Gentlemen:
Please accept this letter confirming our intent to continue conducting business in the city of
Grand Terrace. I have owned and operated Genesis Hair Salon for the past 15 years in the city and have
personally worked in Grand Terrace for the 20 years. I have been in the industry for 30 years, working at
Innovations Hair Salonprior to my opening Genesis Hair Salon. We currently have8+ part or full-time
individualsto operate the business. We are a full-service salon and beauty supply retailerthe only one
currently in the city.
We were forced to move from our current location as a result of an eminent domain action by
the city. As a result, I have acquired new property at 22270 Barton Road. Currently the structureis
1300square feet and we are in the process of adding an additional 414square feet, bringing the total to
almost 1800 square feet.
Although it would be less expensive to go elsewhere, I am committed to Grand Terrace and look
forward to growing with the city and establishing a long-term relationship that is mutually beneficial to
Genesis and the citizens of Grand Terrace.
Should you have any questions or comments on this matter, please do not hesitate to contact
me.
Sincerely,
Alida Venegas
Owner, Genesis hair Salon
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RESOLUTION NO. 2015-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
GRAND TERRACE ADOPTING A NOTICE OF EXEMPTION
PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
AND APPROVING SITE AND ARCHITECTURAL REVIEW 15-07 TO
CONVERT AN EXISTING RESIDENCE TO A COMMERCIAL HAIR
SALON LOCATED AT 22270 BARTON ROAD (0275-242-06)
WHEREAS, Alida and Carlos Venegas, represented by Al Aguirre of A. A &
Associates, Inc., submitted Site and Architectural Review 15-07 to convert an existing
residence to a commercial hair salon, including the construction of a 414 square foot
addition and ancillary parking lot improvements The site is zoned Barton
Road Specific Plan- General Commercial, and has a General Plan land use designation
of General Commercial.
WHEREAS, the Project is categorically exempt from the California Environmental
Quality Act (CEQA) Guidelines, pursuant to Section 15332, which exempts infill projects.
WHEREAS, on November 19, 2015, the Planning Commission conducted a duly
noticed public hearing on 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
pursuant to Section 15332 from the provisions of the California Environmental
Quality Act (CEQA). The Notice of Exemption prepared in connection with the
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 Site and Architectural
Review 15-07:
Attachment: Planning Commission Resolution \[Revision 1\] (1801 : Site and Architectural Review 15-07)
a. The Project is consistent with the intent of the Grand Terrace Municipal
Code and the General Plan. The proposed hair salon is consistent with
BRSP-GC zoning designation, which provides for general commercial uses
to serve the retail and service needs of the community. The minor
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encroachment of the accessible parking loading area is permissible by the
BRSP, and will be decoratively treated hardscape.
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
414 square foot addition is in keeping with the scale of the existing structure
and surrounding area.
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 addition is in keeping with the scale of the existing
structure and the entire building will be painted in gray earth tone colors.
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 Applicants
will reduce turf area with water efficient planters.
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 Project site is already developed and on-site landscaping
will remain in place, and only replaced as needed.
f. The design and location of all signs associated with this Project are
consistent with the scale and character of the building to which they are
attached or otherwise associated with and are consistent with the Grand
Terrace Municipal Code. No signs are proposed at this time. Any new
signs that may be proposed in the future will be consistent with the Sign
Code.
g. Conditions of approval for this Project necessary to secure the purposes of
the Grand Terrace Municipal Code and General Plan have been applied to
the Project.
BE IT FURTHER RESOLVED that Site and Architectural Review 15-07 is hereby
approved subject to the following conditions:
Attachment: Planning Commission Resolution \[Revision 1\] (1801 : Site and Architectural Review 15-07)
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1. Site and Architectural Review 15-07 is approved to convert an existing residence
into a commercial hair salon, including the construction of a 414 square foot
addition and ancillary parking lot located at 22270 Barton Road. This approval is
based on the application and materials submitted on October 15, 2105, including
the revised plans dated October 28, 2015. These plans are approved as
submitted and conditioned herein, and shall not be further altered except as
modified by these conditions of approval, and unless reviewed and approved by
the affected city departments.
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 Community
and Economic Development 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. In the event that exhibits and written conditions are inconsistent, the written
conditions shall prevail.
5. The applicant shall pay all applicable development impact fees, and demonstrate
the payment of school impact fees to the Building and Safety Department.
6. Construction and operational activities associated with the project shall comply
Terrace Municipal Code.
7. All contractors shall acquire a valid City business license and be in compliance
with all City codes
Attachment: Planning Commission Resolution \[Revision 1\] (1801 : Site and Architectural Review 15-07)
8. The applicant shall comply with all requirements of the City of Grand Terrace
Building and Safety/Public Works Division, including the conditions of approval
contained in the Building and Safety memorandum dated October 26, 2015,
attached hereto as Exhibit 1.
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9. The applicant shall comply with all requirements of the City of Colton Water and
Wastewater Department, including the conditions of approval contained in their
memorandum dated November 12, 2015, attached hereto as Exhibit 2.
10. Prior to the issuance of building permits, the applicant shall obtain final conditions
of approval from San Bernardino County Fire Department, and shall comply with
the Draft Pre-Conditions of approval dated November 9, 2015, attached hereto as
Exhibit 3.
11. Prior to the issuance of building permits, the applicant shall obtain all requisite
permits and clearances from Riverside Highland Water Company (RHWCO).
12. 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.
13. 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.
14. The applicant shall obtain a sign permit prior to the installation of any signs.
15. Prior to the issuance of building permits, the applicant shall three (3) copies of the
final landscape and irrigation plan to the Community Development/Planning
Department for review and approval. The plans shall be prepared in conformance
of the adopted Water Efficient Landscape Ordinance, as modified by the State of
California Model Ordinance, if applicable. The plans shall include the following:
a. Incorporate parkway trees in accordance with Chapter 12.10 Parkway
Trees, and trees at the end parking aisle planters;
b. Ensure that proposed plant material, at maturity, will maintain clear line
visibility at all intersections;
c. Plant material adheres to spacing recommendations based on plant and
shrub species; and
d. Note the material that will placed in planter areas, i.e. mulch, decorative
rock, etc.
16. The applicant shall remove dead trees and plant material from the property.
Attachment: Planning Commission Resolution \[Revision 1\] (1801 : Site and Architectural Review 15-07)
17. The block wall shall be decorative and may include slumpstone, split face or
stucco treatment. The applicant shall obtain permission to install the wall on the
shared property line, or construct the wall wholly on the subject property.
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18. 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.
19. 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.
20. The applicant shall contact the Planning Division for a final inspection a minimum
one week prior to the inspection date requested.
21. Upon approval of these conditions and prior to becoming final and binding, the
content shall be prepared by the Community Development Department.
PASSED AND ADOPTED by the Planning Commission of the City of Grand Terrace,
th
California, at a public hearing held on the 19 day of November, 2015.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
__________________________ __________________________
Pat Jacquez-Nares Ryan Stephens
City Clerk Vice Chair
Attachment: Planning Commission Resolution \[Revision 1\] (1801 : Site and Architectural Review 15-07)
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Building and SafetyConditions ofApproval
Date:October 26, 2015
Applicant:Alida & Carlos Venegas, Represented byA.A. &
Associates
Site Location:22270 Barton Road, Grand Terrace, CA92313
APN:0275-242-06
Providefour(4)sets of construction plans and documentationforplanreview of the
proposed project. Belowyou will find a list of the plans and documents Building and
Safety will need forplan review. The initialplan review will take approximatelytwo
weeks on most projects.
Provide the following sets of plans and documents.
.
(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
(2)Disabled Access Plan
Building & Safety General Information
Attachment: Exhibits to Resolution (1801 : Site and Architectural Review 15-07)
Allstructures shall be designed in accordance with the 2013California Building Code,
2013California Mechanical Code, 2013California Plumbing Code, and the 2013
California Electrical Code, and the 2013California Green Buildings Standardsadopted
by the State of California.
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
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requesting a final building inspection from Building & Safety. Eachagency shall sign
the bottom of the Building & Safety Job Card.
Applicant shall pay development impact fees for the 414 square foot commercial
addition prior to the issuance of a building permit. Applicant shall also pay school fees
to Colton Unified School Districtif applicable.
Building & Safety inspection requests can be made twenty four (24) hours in advance
for next day inspection. Please contact (909)824-6621. 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 bemaintained 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 right of way.
The proposed use of the siteand buildinghas changed from residential to commercial
use. The proposed change triggers full compliance with disabled access provisions.
Site development and grading shall be designed to provide access to all entrances and
exterior ground floors exits and access to normal paths of travel, and where necessary
to provide access. Paths of travel shall incorporate (but not limited to)exterior stairs,
landings, walks and sidewalks, pedestrian ramps, curb ramps, warning curbs,
detectable warning, signage, gates, lifts and walking surface materials. The accessible
route(s) oftravel shall be the most practical direct route between accessible building
entrances, site facilities, accessible parking, public sidewalks, and the accessible
Attachment: Exhibits to Resolution (1801 : Site and Architectural Review 15-07)
entrance(s) to the site,California Building Code,(CBC)Chapter 11, Sections,11A and
11B.
The City enforces the State of California provisions of the California Building Code
disabled access requirements. The Federal Americans with Disabilities Act (ADA)
standards may differ in some cases from the California State requirements, therefore it
is
accordingly.
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Site facilities such as parking open or covered,recreation facilities, and trash dumpster
areas, and common use areas shall be accessible per the CBC, Chapter 11.
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
The building use is being changed to from a residential to a commercial use.
The entire structure and site must comply with Chapter 11, of the 2013 California
Building Code.
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.
All construction projects shall comply with the National Pollutant Discharge
Elimination Systems (NPDES), and the San Bernardino County MS-4 Storm
Water Permit.
Public Works Conditions
Provide civil engineering drawings for widening of the driveway approach to a
minimum of 24 feet wide, to include all public right ofway improvements
including curb and gutter, and asphalt.Civil engineering drawings shall be
submitted to Building & Safety to be check by the City Engineer and recorded
An encroachment andstreet cut permit shall be obtained prior to any work in the
public right of way.
Attachment: Exhibits to Resolution (1801 : Site and Architectural Review 15-07)
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CITY OF COLTON
PUBLIC WORKSDEPARTMENT
Water and Wastewater Division
TO:BUILDING DEPARTMENT/APPLICANT
FROM:WATER AND WASTEWATER DIVISION
SUBJECT:CONVERSION OF EXISTING FAMILY RESIDENCE INTO A HAIR SALON BUSINESS
22270Barton Road, Grand Terrace CA 92313 (APN 0275-242-06)
WATER AND WASTEWATER REQUIREMENTS
1.The development shall meet all the requirements as set forth by the Water/wastewater
department for sewer and pre-treatment facilities.
2.All construction shall conform to the current edition of the specifications for public works
construction (green book), and the current standards and specifications of the City of Colton
Water / Wastewater Department.
3.Capacity fees is required for the additional 414 square feet area. All wastewater capacity fees
must be paid prior to obtaining the certificate of occupancy. Additional capacity fees may
apply if the actual discharge exceeds the estimated flow established during initial approval.
Service will be terminated if the fees are not paid.
4.All connection fees and charges shall be levied at rate scheduled by CityCouncil at the time
ofpayment by developer.
Attachment: Exhibits to Resolution (1801 : Site and Architectural Review 15-07)
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Draft
Fire DepartmentPre-Conditions ofApproval
Date:November9, 2015
Applicant:Alida and Carlos Venegas, represented by A.A. &
Associates, Inc
Address of Applicant:29936 Running Deer Ln, Laguna Niguel, CA92677
Site Location:22270Barton Road
APN:0275-242-06
Subject:Conversion of existing familyresidence into a hair salon
business
CONDITIONS THAT MUST BE MET PRIOR TO ISSUANCE OF BUILDING PERMITS:
Building Plans.Not less than three (3) complete sets of Building Plans
shall be submitted to the Fire Department for review and approval. \[F42\]
Fire Flow Test. Your submittal did not include a flow test report to
establish whether the public water supply is capable of meeting your
project fire flow demand. You will be required to either produce a current
flow test report from your water purveyor demonstrating that the fire flow
demand is satisfied or you must install an approved fire sprinkler system.
This requirement shall be completed prior to combination inspection by
Building and Safety. \[F05B\]
1500GPM at 20 PSI
Primary Access Paved. Prior to building permits being issued to any new
structure, the primary access road shall be paved or an all weather
Attachment: Exhibits to Resolution (1801 : Site and Architectural Review 15-07)
surface and shall be installed as specified in the General Requirement
conditions (Fire # F-9), including width, vertical clearanceand turnouts, if
required. \[F89\]
Fire FeeTenant Review:The required fire fees are due at time of
submittal; and paid to the San Bernardino County Fire
Department/Community Safety Division. This fee is in addition to fire fees
that are paid to other City or County offices. \[F40\]$392.00
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THE FOLLOWING CONDITIONS SHALL BE MET PRIOR TO OCCUPANCY:
Commercial Addressing.Commercial and industrial developments of
100,000 sq. ft or less shall have the street address installed on the
building with numbers that are a minimum six (6) inches in height and with
a three quarter (3/4) inch stroke. The street address shall be visible from
the street. During the hours of darkness, the numbers shall be electrically
illuminated (internal or external). Where the building is two hundred (200)
feet or more from the roadway, additional non-illuminated contrasting six
(6) inch numbers shall be displayed at the property access entrances.
Standard 901.4.4 \[F82\]
.
Attachment: Exhibits to Resolution (1801 : Site and Architectural Review 15-07)
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CITY OF GRAND TERRACE
NOTICE OF EXEMPTION
TO:Clerk of the Board of SupervisorsFROM:Community Development
County of San BernardinoDepartment
nd
385 N. Arrowhead Avenue, 2FloorCity of Grand Terrace
San Bernardino, CA 92415-013022795 Barton Road
Grand Terrace, CA 92313
Project Title:Site and Architectural Review 15-07and Environmental 15-09
Project Location –Specific:The project is located at22270Barton Roadin the County of
San Bernardino,APN: 0275-242-06
Description of Project:Convert a residence to a commercial hair salon and add 414 square
feet.
Name of Public Agency Approving Project:Grand Terrace Planning Commission
Name of Person or Agency Carrying out Project:Alida and Carlos Venegas
Exempt Status:California Code of Regulations, Title 14, Section15332,Infill Development
Projects
Reasons WhyProject is Exempt:Section15332,This section exempts infill projects when
the project is compatible with theGeneral Plan and Zoning Code, is on less than five acres
substantially surrounded by urban uses, it is devoid of habitat for biological resources, the
site is served by public utilities and services, and there are no impacts to traffic noise, air
quality or water quality.
Lead Agency or Contact Person:Area Code/Telephone
(909)824-6621
_______________________________________________
Attachment: Notice of Exemption_SA 15-07 (1801 : Site and Architectural Review 15-07)
Sandra MolinaDate
Community DevelopmentDirector
\\\\cogt-fs2\\VOL3\\USERS\\COMDEV\\Project Files\\SA 15-07_22270 Barton Road\\Notice of Exemption_SA 15-07.doc
22795 Barton Road, Grand Terrace, California, 92313-5295909/824-6621 Fax 909/783-2600
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AGENDA REPORT
MEETING DATE:November 19, 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:
Public art is acritical 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. As such, the City Council directed Staff to prepare
an Art in Public Places Ordinance.
proposed ordinance and forwards a recommendation to the Council. On Thursday,
October 15, 2015, Staff presented the Art in Public Places Ordinanceto the
Commission. Commissioners expressed several concerns and motioned to continue
the meeting to the next Planning Commission meeting for further discussion.
DISCUSSION:
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At the October 15Planning Commission meeting there were several questions and
concerns raised by the Commissioners that Staff will seek to answer.
1.For the cities that were referenced in the previous presentation, when did they
pass their ordinances and what are the sizes of those cities?
The cities of Oroville, Cathedral City and Emeryville were used as benchmarks in
researching the implementation of Art in Public Places in cities comparable in size or
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demographic to Grand Terrace. Oroville implemented their program in 2013 (population:
16,061), Emeryville implemented their program in 1990 (population: 10,777), and
Cathedral City implemented their program in 2001 (population: 52,977).
2. Is manufacturing included in the commercial development requirement for public
art?
Staff did not find any exceptions to manufacturing in other cities for Art in Public Places.
Although it is unlikely that the developer of a manufacturing plant will install public art on
site, the developer has the option to pay the in lieu of fee instead.
3. mmercial Property?
The private developer pays the fee. Lessees of commercial space will not be required to
pay the art in public places fee.
4. How many cities in the surrounding area have an Art in Public Places Program?
Redlands, Riverside, Fontana and Yucaipa all have an Arts Commission or Arts Council
that provide recommendations for art programs and the location of art within the city.
Redlands has an ordinance. Riverside encourages developers to implement public art,
but implementation is not a requirement. Fontana has a city-owned Art Gallery, and
Yucaipa is building a performing arts center.
5. Can we lower the fee? Can we phase in the fee over time?
Yes, the fee can be lowered and/or phased in over time. However, from the research
conducted by staff and review of recent non-residential commercial development within
the City of Grand Terrace, a 1% fee is reasonable and consistent with other Art in Public
Places Programs throughout California that have utilized the development fee
approach. Reducing the fee to 0.5% would diminish the impact of establishing a Public
Arts fund. By way of example, the last three major non-residential commercial
developments in the City of Grand Terrace would have been impacted by a public art
development fee in the following way:
Project Total Construction Cost Public Art Fee Public Art Fee (0.5%)
(1%)
Auto Zone $448,563.00 $4,485.63 $2,242.15
Edison Sub-$994,298.00 $9,942.98 $4,971.49
Station
$429,546.00 $4,295.46 $2,147.73
The public art that is present now in Grand Terrace provides quality of life, and it is the
desire of the City Council to expand the presence of public art in our city as a benefit to
residents, as well as those who shop or work in our commercial corridors. The proposed
amendment to the zoning code establishes the following:
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Expands opportunities for citizens of the City of Grand Terrace to experience
public art resulting from the creative expression of visual artists throughout the
City.
The cost of public art must be equal to at least one percent (1%) of the estimated
total construction cost to the developer.
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.
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.
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
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
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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.
APPROVALS:
Sandra Molina Completed 11/12/2015 8:42 AM
Finance Skipped 11/12/2015 8:41 AM
City Attorney Completed 11/12/2015 9:39 AM
Community Development Completed 11/13/2015 10:55 AM
City Manager Skipped 11/13/2015 10:55 AM
Planning Commission Pending 11/19/2015 6:30 PM
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B.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 November 19, 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 - (1799 : 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 5
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B.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.
Attachment: Planning Commission Resolution No. 2015 - (1799 : Ordinance: Art in Public Places)
Page 2 of 5
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B.2.a
PASSED AND ADOPTED by the Planning Commission of the City of Grand Terrace,
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California, at a regular meeting held on the 19 day of November, 2015.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
__________________________ _________________________
Pat Jacques-Nares Tom Comstock
City Clerk Chairman
Attachment: Planning Commission Resolution No. 2015 - (1799 : Ordinance: Art in Public Places)
Page 3 of 5
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B.2.a
I, Pat Jacquez-Nares, City Clerk of the City of Grand Terrace, do hereby certify that the
foregoing Ordinance was introduced and adopted at a regular meeting of the City Council of
the City of Grand Terrace held on the ____ of _____, 2016, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________
Pat Jacquez-Nares
City Clerk
Approved as to form:
___________________________________
Richard L. Adams, II
City Attorney
Attachment: Planning Commission Resolution No. 2015 - (1799 : Ordinance: Art in Public Places)
Page 4 of 5
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B.2.a
Exhibit 1
Attached on following page(s)
Attachment: Planning Commission Resolution No. 2015 - (1799 : Ordinance: Art in Public Places)
Page 5 of 5
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B.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
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(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 (1799 : 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
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B.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 November 19, 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 December 8, 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 January 12,
2016; 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 18of 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 (1799 : 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
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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 (1799 : Ordinance: Art in Public Places)
motels, restaurants-
units.
E. means a separate fund established to receive monies
from any source by the Public Art Fund.
F. private) which is
accessible or visible to the general public a minimum of eight (8) hours during
a business day.
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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 (1799 : 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.
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Section 18.74.070Useof 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
maintenance of such works of art.
C. Public art installed on public property is owned by the City ofGrand
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
Attachment: Art in Public Places Ordinance (1799 : Ordinance: Art in Public Places)
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
City Council for final approval or denial.
D. The decision of the City Council shall be final.
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B.2.b
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;
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
Attachment: Art in Public Places Ordinance (1799 : Ordinance: Art in Public Places)
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.
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
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B.2.b
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.
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
Attachment: Art in Public Places Ordinance (1799 : Ordinance: Art in Public Places)
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.
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Section 5. First read at a regular meeting of the City Council held on the 8 of
December, 2015 and finally adopted and ordered posted at a regular meeting of said City
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Council on the 12 day of January, 2016.
Attachment: Art in Public Places Ordinance (1799 : Ordinance: Art in Public Places)
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B.2.b
PASSED, APPROVED AND ADOPTED this ____ day of ____________, 2016.
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 12 day of January, 2016.
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 (1799 : Ordinance: Art in Public Places)
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