12-17-2015
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 CommissionDecember 17, 2015
A.PUBLIC HEARINGS
1. Administrative Conditional Use Permit 15-06, Administrative Site and Architectural
Review 15-05, Variance 15-02 and Environmental 15-10 Located at 21516 Main Street,
Unit A
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 to the California
Environmental and Approving Variance 15-02, Administrative Conditional Use
Permit 15-06, and Administrative Site and Architectural Review 15-05 Allowing the
Use of Two Modular Office Units at 21516 Main Street, Suite A (APN 1167-111-10)
DEPARTMENT: COMMUNITY DEVELOPMENT
2. Zoning Code Amendment 15-04/Relocating and Amending the Existing Prohibition of
Marijuana Dispensaries to the Zoning Code
RECOMMENDATION:
1) Conduct a public hearing; and
2) Adopt a Resolution recommending that the City Council adopt an Ordinance
DETERMINING THIS AMENDMENT IS EXEMPT PURSUANT TO SECTION
15061(b)(3) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND
AMENDING THE GRAND TERRACE MUNICIPAL CODE BY ADDING CHAPTER
5.90 TO TITLE 5 PROHIBITION ISSUANCE OF BUSINESS LICENSE FOR MEDICAL
MARIJUANA DISPENSARIES AND RECHAPTERING AND AMENDMENT OF
CHAPTER 9.28 OF TITLE 9 PROHIBITING MEDICAL MARIJUANA DISPENSARIES
TO CHAPTER 18.91 OF TITLE 18 TO PRESERVE LOCAL AUTHORITY TO
REGULATE AND PROHIBIT MEDICAL MARIJUANA DISPENSARIES AND
CULTIVATION.
DEPARTMENT: COMMUNITY DEVELOPMENT
B.INFORMATION TO COMMISSIONERS
C.INFORMATION FROM COMMISSIONERS
City of Grand Terrace Page 2
AgendaGrand Terrace Planning CommissionDecember 17, 2015
ADJOURN
Adjourn to the next scheduled meeting of the Site and Architectural Review
Board/Planning Commission to be held on January 7, 2016 at 6:30 p.m.
than 14 calendar days preceding the meeting.
City of Grand Terrace Page 3
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AGENDA REPORT
MEETING DATE:December 17, 2015
TITLE:Administrative Conditional Use Permit 15-06, Administrative
Site and Architectural Review 15-05, Variance 15-02 and
Environmental 15-10 Located at 21516 Main Street, Unit A
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 to the California
Environmental and Approving Variance 15-02,
Administrative Conditional Use Permit 15-06, and
Administrative Site and Architectural Review 15-05
Allowing the Use of Two Modular Office Units at 21516
Main Street, Suite A (APN 1167-111-10)
PROPOSAL:
two commercial modular units, measuring 720 square feet each, to be used as office
space and a 192 square foot truck trailer to be used as storage at 21516 Main Street,
Suite A. The structures have already been placed on site and are being used. The
proposed structures support the existing metal fabrication use. The site is zoned M-2
(Industrial).
The modification to the site and use of commercial modular units is subject to
administrative site and architectural and administrative conditional use permit review.
However, because the Applicant is proposing to deviate from Zoning Code
requirements relating to the age of the modular office units and their placement on
permanent foundations, the applications must be reviewed and approved by the
Planning Commission.
The Applicant has submitted a Letter of Intent which describes how the proposed
modular units and trailer will be used to support their existing manufacturing business.
SITE AND SURROUNDING AREA:
The Project occupies the north half of a four acre industrial site, adjacent to Main Street.
The site is flat, partially paved, and located at the southwest corner of the City's
boundary limits. The fabrication component of the business occupies a large metal
building which is partially enclosed. There are two other office type modular units pre-
existing on the site. The south half of the site is occupied by American Metal Recycling,
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and that portion of the site is fully paved.
The Burlington North Santa Fe (BNSF) Railroad line runs parallel to the Project site,
approximately 100 feet to the east. The Gage Canal is an open channel to the west.
The surrounding area is primarily made up of manufacturing, service commercial and
industrial uses with a residential neighborhood to the south, within the Highgrove
Community of Riverside County
Surrounding uses are industrial to the north and west, a SCE electrical substation to the
east, and residential to the south in Riverside County.
ANALYSIS:
General Plan/Zoning Consistency
The project site is designated Industrial on the General Plan Land Use Map. The
Industrial designation is intended for light manufacturing and assembly, small scale
warehousing and distribution, research and development, and administrative and service types of
uses. The installation of modular units to support the metal fabrication business is
consistent with the General Plan.
The site is zoned M2-Industrial. The purpose of the M2 district is to provide for the
development of medium manufacturing and industrial uses. The use modular office and
storage units are consistent with the M2 zone district. The structures conform to
required building setback.
Chapter 18.66 Manufactured Homes and Commercial Units allows the use of modular
commercial units for business offices, such as proposed by the Applicant. The Site
Development Standards require modular units to be installed on a permanent
foundation and that they are no more than 10 years old.
The Applicant has submitted Variance 15-02 to be allowed deviate from the two
requirements identified above. Duncan Bros. is requesting approval of the two modular
units on non-permanent raised foundations; and both of these modular units are
estimated to be between 10 to 20 years old. The interior of the office units have been
refurbished with drywall, carpet, crown molding, windows and doors.
The Project site is located within an industrial area, which has existing commercial
modular structures throughout. The structures are consistent with the surrounding area.
The modular will be tied down in conformance with building code requirements.
Additionally, a condition of approval has been added restricting the modification or
expansion of the units. Therefore, the variance can be supported.
Site Plan/Parking
The two modular units and storage trailer are located on the south side of the project
limits, approximately 180 feet from the north side property line, and 150 from the south
property line. (The structures are adjacent to the existing fence separating the
fabrication use from the metal recycling use.) The structures meet applicable setbacks.
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Parking regulations for manufacturing uses require one parking space for every 200
square feet of gross area. Each of the proposed modular units is required to have 4
parking spaces; and there is sufficient parking to support the modular offices.
Architectural Elevations/Floor Plans
Commercial modular units require to be architecturally treated with a non-reflective
material and be architecturally compatible with the surrounding commercial/industrial
structures. The wood siding on the proposed modular units will have a cream color coat
and green trim and fascia. The doors will have a cream color and the trim around the
doors, windows and the entry platform will be green.
The interior of the modular units show a standard floor plan with two entry points to the
main office and a private office. The interior of the storage trailer has been completely
refurbished with drywall, carpeting, windows and doors.
Reviewing Agency Comments
The project materials and plans were forwarded to reviewing agencies for review and
comment. The City's Building Official provided Conditions of Approval for the Project;
and San Bernardino County Fire provided Pre-Conditions of Approval. The Applicant
will be required to contact the Fire Department to obtain Final Conditions of Approval,
prior to plan check submittal.
The Agency Conditions are included in the Resolution of Approval as Exhibits 1 and 2,
respectively.
ENVIRONMENTAL REVIEW
The project qualifies for an exemption from the provisions of the California
Environmental Quality Act (CEQA) pursuant to Section 15301 of the State CEQA
Guidelines. This class exempts additions to existing structures provided that the
addition will not result in an increase of more than 50 percent of the floor area of the
structures before the addition, or 2,500 square feet, whichever is less.
PUBLIC NOTICE:
Public notice of the Project was provided, including publishing in the Grand Terrace City
News 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:
The proposed office and storage structures to support the metal fabrication are
permissible. The variance to support the age of the commercial units and the placement
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on a raised foundation can be supported. Therefore, staff recommends approval of the
project.
ATTACHMENTS:
Letter of Intent (PDF)
Resolution_Duncan Bros (DOC)
Exhibits to Resolution (PDF)
Notice of Exemption_ACUP 15-06 (DOC)
APPROVALS:
Sandra Molina Completed 12/09/2015 3:29 PM
City Attorney Completed 12/10/2015 2:19 PM
Community Development Completed 12/10/2015 2:24 PM
Planning Commission Pending 12/15/2016 6:30 PM
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DUNCAN BROS, INC.Steel Fabrication and Installation
21516 Main Street Grand Terrace, CA 92313 (951) 786-9630 fax (951) 786-9657
October 01, 2015
City of Grand Terrace
22795 Barton Road
Grand Terrace, CA 92313-5271
Attn: Sandra Molina
Duncan Bros.,Inc. is applying for a variance from the City of Grand Terrace zoning ordinance for
the following conditions:
Placement of temporary buildings on the property.
The modular buildings will house office space that is not currently available on the
leased property. Accessible parking and paths of travel will be provided in compliance with state
building codes and the American with Disabilities Act. Other properties in the vicinity contain
similar types of modular buildings and placement of the modular buildings will not constitute
special privileges inconsistent with the limitations on other properties.
The modular buildings will not be placed on permanent foundations. Permanent foundations for
temporary buildings are not feasible since the property is leased and the temporary buildings may
be replaced at some future date.
Modular buildings are more than 10 years old. The labels identifying the manufacturer, age and
model numbers for the modular buildings are no longer available. The modular building are
between 10 and 20 years old. The interior of one trailer has been completely refurbished with
drywall, carpeting, crown molding and new windows and doors. Upon approval, the second trailer
will also be refurbished to a similar standard. The exteriors of the structures are newly painted
and the structures do not exhibit any signs of decay or disrepair
Please feel free to contact me if you require further information.
Sincerely,
Attachment: Letter of Intent (1815 : Admin CUP 15-06/Variance 15-02)
David Smith
Duncan Bros., Inc.
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RESOLUTION NO. -
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 VARIANCE 15-02, ADMINISTRATIVE
CONDITIONAL USE PERMIT 15-06, AND ADMINISTRATIVE SITE
AND ARCHITECTURAL REVIEW 15-05 ALLOWING THE USE OF
TWO MODULAR OFFICE UNITS AND A STORAGE CONTAINER
LOCATED AT 21516 MAIN STREET, SUITE A (APN 1167-111-10)
WHEREAS, the applicant, Duncan Bros, represented by Broeske Architects, has
submitted Variance 15-02, Administrative Site and Architectural Review (ASA) 15-05,
Administrative Conditional Use Permit (ACUP) 15-06, and Environmental (E) 15-10 to
establish the use of two commercial modular units measuring 740 square feet each and
one storage trailer to support an existing metal fabrication use located on a the north
side of a 4-acre parcel zoned M2-Industrial; and
WHEREAS, Variance 15-02 was filed to deviate from the zoning standards
requiring modular units to be placed on permanent foundations and that they be no
more than 10 years old; and
WHEREAS, the project is categorically exempt from the California Environmental
Quality Act (CEQA) Guidelines, pursuant to Section 15301, which exempts existing
facilities; and
WHEREAS, on December 17, 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; and
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:
Attachment: Resolution_Duncan Bros (1815 : Admin CUP 15-06/Variance 15-02)
1. The Planning Commission hereby finds that the project is categorically exempt
pursuant to Section 15301 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 on the Planning Commission, and is hereby adopted.
2. The Planning Commission finds as follows with respect to Variance 15-02:
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a. Special circumstances regarding the size, shape, topography, location or
surroundings of the subject property exist. Special circumstances exist
regarding the location and surrounding of the Project site. Project site is
located within an industrial area, which has existing commercial modular
structures throughout; additionally the site is served by a private road that is
accessed by other industrial users; thereby reducing their visibility.
b. Because of the special circumstance, the strict application of the zoning
ordinance deprives the subject property of privileges enjoyed by other
property in the vicinity and under identical zoning classification. The
surrounding area has existing modular units of varying ages, including those
over 10 years of age. The variance will allow the Applicant to enjoy the use
of the modular units as enjoyed by surrounding properties.
c. The granting of the variance will not constitute the grant of special privileges
inconsistent with the limitations upon other properties in the vicinity and
district in which the property is situated. Special privileges will not be
granted as the surrounding industrial area has existing modular units of
varying ages, on permanent and non-permanent foundations. Granting of
the variance will not pose any negative impacts to the site or adjacent
properties.
d. The granting of the variance will not authorize a use or activity which is not
otherwise expressly authorized by the district governing the parcel of
property.
e. The granting of the variance will not result in a situation inconsistent with the
latest adopted general plan. The office and storage uses are not
inconsistent with the general plan, as office e and storage uses are also
consistent with the M2 zoning.
f. Conditions necessary to secure the above findings are made a part of the
approval of the variance.
3. The Planning Commission finds as follows with respect to Administrative Site and
Architectural Review (ASA) 15-05:
Attachment: Resolution_Duncan Bros (1815 : Admin CUP 15-06/Variance 15-02)
a. The Project is consistent with the intent of the Grand Terrace Municipal
Code and the General Plan. The proposed project is consistent with the M2
Industrial zoning designation; and zoning code provisions which permit the
use of commercial modular units. The applicant is asking for a variance to
deviate from the zoning standards requiring modular units to be placed in
permanent foundations and be no more than ten years old. The proposed
use and location of the modular units and trailer are consistent with the
zoning code and meets applicable development standards. The overall
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industrial use is consistent with the Industrial designation of the general
plan, including the proposed structures intended to support the existing use.
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
two 720 square feet modular units (each) and 192 square foot storage trailer
are keeping with the scale of the existing structures and surrounding area.
c. The architectural design of the 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 modular units and trailer are keeping with the scale of
the existing structures and their exterior have being recently painted and do
not exhibit any signs of decay or disrepair.
d. The plans for landscaping and open spaces provide a functional and
visually pleasing setting for the structures on the site and are harmonious
with the natural landscape of the area and nearby developments. The
proposed project is located in an already developed site and landscape is
pre-existing. No additional landscaping is being proposed at this time.
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 with little vegetation, which
will remain in place.
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
Attachment: Resolution_Duncan Bros (1815 : Admin CUP 15-06/Variance 15-02)
the City of Grand Terrace have been applied to the Project.
4. The Planning Commission finds as follows with respect to Administrative
Conditional Use Permit (CUP) 15-06:
a. The proposed use will not be detrimental to the health, safety, morals, and
conforms to the general welfare of the persons working within the
neighborhood of the proposed amendment or within the City. The structures
will be subject to existing building codes, meets all applicable setbacks, and
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be structurally harmonious and blend with the existing on site structures.
The structures will not be detrimental to health, safety, morals of the general
welfare of the general public.
b. The proposed use will not be injurious to property or improvements in the
neighborhood or within the City because the Project will be built in an
already developed site, in accordance with the building codes and meets all
applicable setbacks. The Project will in no way preclude or constrain the use
of or development of surrounding properties.
c. The proposed is consistent with the General Plan. The project is consistent
with the goals, policies and regulations of the industrial district.
d. Conditions necessary to secure the purposes of this chapter are made a
part of the conditional use permit.
BE IT FURTHER RESOLVED that Variance 15-02, Administrative Site and
Architectural Review 15-05, Administrative Conditional Use Permit 15-06, and
Environmental 15-10 are hereby approved subject to the following conditions:
1. Variance 15-02, Administrative Site and Architectural Review 15-05,
Administrative Conditional Use Permit 15-06 is approved for the placement of
two modular units totaling 740 square feet each and one storage trailer pursuant
th
to the application and materials submitted on September 28, 2015. This
approval grants the installation of the modular units on non-permanent
foundations, and older than 10 years of age. These plans are approved as
submitted and conditioned herein, and shall not be further altered 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 which is the subject of this action has taken place and
all conditions of approval have been met, 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,
Attachment: Resolution_Duncan Bros (1815 : Admin CUP 15-06/Variance 15-02)
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 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.
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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. All contractors shall acquire a valid City business license and be in compliance
with all City codes.
7. The applicant shall comply with the requirements of the Grand Terrace Building
and Safety/Public Works Divisions, including the conditions of approval contained
in the memorandum dated October 20, 2015, attached hereto as Exhibits 1.
8. The applicant shall comply with all requirements of the San Bernardino County
Fire Department, Office of the Fire Marshal Community Safety Division, including
the conditions of approval contained in their letter dated October 20, 2015,
attached hereto as Exhibit 2.
9. Prior to the issuance of building permits, the applicant shall obtain all requisite
permits and clearances from Riverside Highland Water Company (RHWCO).
10. The applicant shall obtain a sign permit prior to the installation of any signs.
11. The Project shall be constructed in accordance with all the approved plans and
conditions of approval, including but not limited to site plans, floor plans and
elevations.
12. Construction and operational activities associated with the Project shall comply
with the regulations of the M2 Industrial District, Chapter 18.40 of the Grand
Terrace Municipal Code.
13. The applicant shall not expand or modify the modular units, in any fashion.
14. All changes and modifications to an approved facility shall require prior approval
by the City.
Attachment: Resolution_Duncan Bros (1815 : Admin CUP 15-06/Variance 15-02)
15. The applicant shall provide a screen fence around the perimeter of the proposed
site located at 21516 Main Street Suit #A. The applicant shall obtain Community
Development Department approval of the screen fencing prior to installation.
16. The applicant shall be responsible for regular and ongoing upkeep and
maintenance of the facility, including parking lot paving condition and striping,
clearing of trash, weeds and debris, lighting, and other site improvements.
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17. All graffiti and other forms of vandalism shall be promptly removed and/or
repaired within twenty-four (24) hours.
18. The point of sale for all fabricated products shall be the City of Grand Terrace.
The applicant shall provide appropriate documentation prior to the issuance of a
certificate of occupancy.
19. The applicant shall contact the Planning Division for a final inspection a minimum
one week prior to the inspection date requested.
20. No later than 15 days after the effective date of this approval, the Applicant shall
submit an application for a building permit to the Building and Safety Division and
shall submit plans to San Bernardino County Fire.
21. No later than 30 days after the effective date of this approval the applicant shall
have obtain all building clearances from the Building and Safety Division and
shall submit plans to San Bernardino County Fire.
22. No later than 10 days after the issuance of a building permit, the applicant shall
have obtained a final certificate of occupancy for the structures.
23. Upon approval of these conditions and prior to becoming final and binding, the
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 regular meeting held on the 17 day of December, 2015.
AYES:
NOES:
ABSENT:
ABSTAIN:
Attachment: Resolution_Duncan Bros (1815 : Admin CUP 15-06/Variance 15-02)
ATTEST:
__________________________ __________________________
Pat Jacques-Nares Tom Comstock
City Clerk Chairman
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Building and Safety Conditions of Approval
Date: October 20, 2015
Applicant: Duncan Bros. Inc.
Address of Applicant: 21516 Main Street, Grand Terrace, Ca
Site Location: Same
APN: 1167-111-10
Provide four (4) sets of construction plans and documentation for plan review of the
proposed project. Below you will find a list of the plans and documents Building and
Safety will need for plan review. The initial plan review will take approximately two
weeks on most projects.
Provide the following sets of plans and documents.
Building and Safety submittal’s required at first plan review.
(4) Architectural Plans
(4) Plot/Site Plans
(4) Electrical Plans
Building & Safety General Information
All structures shall be designed in accordance with the 2013 California Building Code,
2013 California Mechanical Code, 2013 California Plumbing Code, and the 2013
California Electrical Code, and the 2013 California Green Buildings Standards adopted
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
Attachment: Exhibits to Resolution (1815 : Admin CUP 15-06/Variance 15-02)
requesting a final building inspection from Building & Safety. Each agency shall sign
the bottom of the Building & Safety Job Card.
Building & Safety inspection requests can be made twenty four (24) hours in advance
for next day inspection. Please contact (909) 430-2250. You may also request
inspections at the Building & Safety public counter.
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
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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) of travel shall be the most practical direct route between accessible building
entrances, site facilities, accessible parking, public sidewalks, and the accessible
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 the building owner’s responsibility to be aware of those differences and comply
accordingly.
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 & Safety, (Willdan Engineering) will inspect all foundation work, structural work
on the building to include plumbing, electrical, mechanical, title 24, green building code
items. Building & Safety will also inspect the electrical conduit in the common areas for
light standards as well as accessibility from the right of way to the building and the
disabled parking stalls. Signage will be inspected by the Building & Safety as well as
trash enclosures and other ornamental structures on the site.
Building & Safety Conditions
1. Prior to the issuance of a building permit, the applicant shall pay all Development
Improvement Fee’s to the City; this also includes school fees and outside agency
fees such as sewer water and utilities. Copies of receipts shall be provided to
Building & Safety prior to permit issuance.
2. All construction projects shall comply with the National Pollutant Discharge
Elimination Systems (NPDES).
3. Special inspectors and structural observation inspectors that are required by the
Attachment: Exhibits to Resolution (1815 : Admin CUP 15-06/Variance 15-02)
engineer of record shall register with Building & Safety. The special inspectors
shall provide a copy of his or her certifications and a copy of their driver’s license
before the start of work as an inspector on the project. Special inspectors are to
provide daily reports to Building & Safety by e-mail to the City inspector and to
the permit technician. Special inspectors are also required to provide a hard
copy of the reports in the construction office daily for the inspectors use. The
special inspectors shall make all necessary and required inspections before the
City provides periodic inspections.
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4. The proposed office modular shall be secured with wind tie downs to prevent
overturning of the trailers.
5. The modular shall be accessible by the disabled and shall have guard railing on
the decks if constructed higher than 30 inches above ground.
6. Each modular shall have a fire extinguisher approved by the Fire Department.
7. Each modular that has electrical hooked to it shall have the electrical ran in safe
manner and out of the way of damage. If electrical supply is by a cord, the cord
shall be a hard usage type that is weather proof.
Attachment: Exhibits to Resolution (1815 : Admin CUP 15-06/Variance 15-02)
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FIRE CONDITIONS
DATE 10-20-2015
FROM: Jeff Stinson, County Fire
Phone: (909) 386-8400
Public Safety
APPLICANT: DUNCAN BROS. Inc.
21516 Main St. Grand Terrace 92313 Phone:(951) 786-9630
Email: david@ducanbrosinc.com
SUBJECT
REQUEST: Install 2 modular offices space building to support an
existing manufacturing use. PROJECT LOCATION; 21516 Main St,
Grand Terrace; Applicant's Name: Duncan Bros. INC. / (APN 1167-
111-10)
PROJECT CONDITIONS
GENERAL REQUIREMENTS/ON-GOING CONDITIONS:
Jurisdiction. The above referenced project is under the jurisdiction of the San Bernardino
County Fire Department herein ("Fire Department"). Prior to any construction occurring on any
parcel, the applicant shall contact the Fire Department for verification of current fire protection
requirements. All new construction shall comply with the current Uniform Fire Code
requirements and all applicable statutes, codes, ordinances and standards of the Fire
Department. \[F01\]
Fire Fee. 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. \[F40\]
Construction permits, including Fire Condition Letters, shall automatically expire and become
invalid unless the work authorized by such permit is commenced within 180 days after its
issuance, or if the work authorized by such permit is suspended or abandoned for a period of
180 days after the time the work is commenced. Suspension or abandonment shall mean that
no inspection by the Department has occured with 180 days of any previous inspection. After a
construction permit or Fire Condition Letter, becomes invalid and before such previously
approved work recommences, a new permit shall be first obtained and the fee to recommence
Attachment: Exhibits to Resolution (1815 : Admin CUP 15-06/Variance 15-02)
work shall be one-half the fee for the new permit for such work, provided no changes have
been made or will be made in the original construction documents for such work, and provided
further that such suspension or abandonment has not exceeded one year. A request to extend
the Fire Condition Letter or Permit may be made in writing PRIOR TO the expiration date
justifying the reason that the Fire Condition Letter should be extended.
Additional Requirements. In addition to the Fire requirements stated herein, other on site and
off site improvements may be required which cannot be determined from tentative plans at this
time and would have to be reviewed after more complete improvement plans and profiles have
been submitted to this office. \[F01A\]
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A.1.c
THE FOLLOWING CONDITIONS SHALL BE MET PRIOR TO OCCUPANCY:
Water System Commercial. A water system approved and inspected by the Fire Department
is required. The system shall be operational, prior to any combustibles being stored on the
site. All fire hydrants shall be spaced no more than three hundred (300) feet apart
(as measured along vehicular travel-ways) and no more than three hundred \[300) feet from any
portion of a structure. \[F54\]
Primary Access Paved.Prior to building permits being issued to any new structure, the primary
access road shall be paved or an all weather surface and shall be installed as specified in the
General Requirement conditions (Fire # F-9), including width, vertical clearance and turnouts, if
required. \[F89\]
Access. The development shall have a minimum of ___2_____ points of vehicular access.
These are for fire/emergency equipment access and for evacuation routes. Standard 902.2.1
Single Story Road Access Width:
All buildings shall have access provided by approved roads, alleys and private drives with a
minimum twenty six (26) foot unobstructed width and vertically to fourteen (14) feet six (6)
inches in height. Other recognized standards may be more restrictive by requiring wider
access provisions.
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. \[F05B\]
4000 GPM at 20 PSI
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
Attachment: Exhibits to Resolution (1815 : Admin CUP 15-06/Variance 15-02)
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 \[F82\]
Additional Requirements. In addition to the Fire requirements stated herein, other on-site and
off- site improvements may be required which cannot be determined from tentative plans at
this time and would have to be reviewed after more complete improvement plans and profiles
have been submitted to this office. \[F01A\]
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A.1.d
CITY OF GRAND TERRACE
NOTICE OF EXEMPTION
TO: Clerk of the Board of Supervisors FROM: Community Development
County of San Bernardino Department
nd
385 N. Arrowhead Avenue, 2 Floor City of Grand Terrace
San Bernardino, CA 92415-0130 22795 Barton Road
Grand Terrace, CA 92313
Project Title: Administrative Conditional Use Permit 15-06, Administrative site and
Architectural Review 15-05, Variance 15-02 and Environmental 15-10
Project Location Specific: The project is located at 21516 Main Street Suite A, in the
County of San Bernardino, APN: 1167-111-10
Description of Project: Install two commercial modular units, each measuring 720 square feet
in non-permanent foundations and a 192 square foot storage trailer to support an existing
metal fabrication business.
Name of Public Agency Approving Project: Grand Terrace Planning Commission
Name of Person or Agency Carrying out Project: Duncan Bros Inc., represented by Broeske
Architects.
Exempt Status: California Code of Regulations, Title 14, Section 15301, Existing Facilities.
Reasons Why Project is Exempt: Section 15301, this section exempts additions to existing
structures provided that the addition will not result in an increase of more than 50 percent of
the floor area of the structures before the addition, or 2,500 square feet, whichever is less.
Lead Agency or Contact Person: Area Code/Telephone
(909) 824-6621
______________________________ _________________
Attachment: Notice of Exemption_ACUP 15-06 (1815 : Admin CUP 15-06/Variance 15-02)
Sandra Molina Date
Community Development Director
C:\\users\\jlambarena\\appdata\\local\\temp\\minutetraq\\grandterracecityca@grandterracecityca.iqm2.com\\work\\attachments\\3079.doc
22795 Barton Road, Grand Terrace, California, 92313-5295 909/824-6621 Fax 909/783-2600
Packet Pg. 20
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AGENDA REPORT
MEETING DATE:December 17, 2015
TITLE:Zoning Code Amendment 15-04/Relocating and Amending
the Existing Prohibition of Marijuana Dispensaries to the
Zoning Code
PRESENTED BY:Sandra Molina, Community Development Director
RECOMMENDATION:1) Conduct a public hearing; and
2) Adopt a Resolution recommending that the City Council
adopt an Ordinance DETERMINING THIS AMENDMENT IS
EXEMPT PURSUANT TO SECTION 15061(b)(3) OF THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT AND
AMENDING THE GRAND TERRACEMUNICIPAL CODE
BY ADDING CHAPTER 5.90 TO TITLE 5 PROHIBITION
ISSUANCE OF BUSINESS LICENSE FOR MEDICAL
MARIJUANA DISPENSARIES AND RECHAPTERING AND
AMENDMENT OF CHAPTER 9.28 OF TITLE 9
PROHIBITING MEDICAL MARIJUANA DISPENSARIES
TO CHAPTER 18.91 OF TITLE 18 TO PRESERVE LOCAL
AUTHORITY TO REGULATE AND PROHIBIT MEDICAL
MARIJUANA DISPENSARIES AND CULTIVATION.
2030 VISION STATEMENT:
This item promotes Our Mission: To preserve and protect our community and its
exceptional quality of life through thoughtful planning, within the constraints of fiscally
responsible government.
EXECUTIVE SUMMARY:
In response to three new bills that were signed into law by Governor Jerry Brown on
October 9, 2015 related to regulation of medical marijuana within the State of California,
cultivation within the City found in Chapter 9.28. Staff recommends relocating the
existing prohibition on marijuana dispensaries into the zoning code to make explicit the
fact that cultivation of marijuana and/or medical marijuana is prohibited in the City under
To that end, Staff has prepared an ordinance for expressly prohibiting such activity. As
proposed, the ordinance wouldre-chapter Chapter 9.28 and make it part of the Zoning
Code as Chapter 18.91, requiring that the ordinance be heard by the Planning
Commission. The ordinance would also create Chapter 5.90 of Title 5 to clarify that the
issuance of a business license for medical marijuana dispensaries is prohibited. This
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new Chapter does not require Planning Commission action, but it is part of the overall
actions that the Council would take.
BACKGROUND/DISCUSSION:
In the state of California, cities have the authority to adopt and enforce local laws so
long as they are not in conflict with state or federal law. On the basis of this authority,
the City has adopted a zoning ordinance that provides the permissible uses of and
s boundaries. To this end, the City
zoning ordinance, a use classification not listed within a given zoning district is
prohibited, unless otherwise authorized by the zoning administrator.
The outdoor cultivation of marijuana is not found among the use classifications
approved by the City. It is thus currently prohibited. In addition, the current ordinance
prohibiting marijuana dispensaries, which includes cultivation, is set forth in Title 9
will relocate the prohibition to the Zoning Code and expand upon the language to make
explicit that the current prohibition on marijuana dispensaries (which includes in its
definition marijuana cultivation) found in Chapter 9.28 into newly created Chapter 18.91
of the zoning code is a land use ordinance. In addition, this ordinance will create
Chapter 5.90 of Title 5 to clarify that the issuance of a business license for medical
marijuana dispensaries is prohibited.
Public safety agencies, and other public entities have reported adverse impacts from
marijuana cultivation, including disagreeable odors and release of pollen that can
aggravate the respiratory system; increased risk of burglary and other property crimes;
and acts of violence in connection with the commission of such crimes or the occupants'
attempts to prevent such crimes.
The creation of persistent strong odors as marijuana plants mature and flower is
offensive to many people and creates an attractive nuisance, alerting persons to the
location of valuable marijuana plants and creating an increased risk of crime.
The unregulated cultivation of marijuana can adversely affect the health, safety and
well-being of the city and its residents. Comprehensive regulation of premises used for
marijuana cultivation is proper and necessary to avoid the risks of criminal activity,
degradation of the natural environment, smells and indoor electrical fire hazards that
may result from unregulated marijuana cultivation, especially if the amount of marijuana
cultivated on a single premises is not regulated and substantial amounts of marijuana
can be cultivated in a concentrated place.
The indoor cultivation of substantial amounts of marijuana also frequently requires
excessive use of electricity, which often creates an unreasonable risk of fire from the
electrical grow lighting systems used in indoor cultivation.
Children are particularly vulnerable to the effects of marijuana use, and the presence of
marijuana plants has proven to be an attractive nuisance for children, creating an
unreasonable hazard in areas frequented by children including hospitals, schools,
Packet Pg. 22
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church parks or playgrounds, childcare centers, recreation centers or youth centers.
Cultivation of any amount of marijuana at, or near these sensitive uses presents unique
risks that the marijuana plants may be observed by juveniles, and therefore be
especially vulnerable to theft or recreational consumption by juveniles. Further, the
potential for criminal activities associated with marijuana cultivation in such locations
poses heightened risks that juveniles will be involved or endangered. Therefore,
cultivation of any amount of marijuana in such locations or premises is especially
hazardous to public safety and welfare, and to the protection of children and the
person(s) cultivating the marijuana plants.
The cultivation of marijuana in other cities has resulted in calls for service to the
police department, including calls for robberies thefts, and physical assaults from
marijuana that is grown outdoors;
Marijuana growth poses significant safety risks for surrounding neighbors, including
but not limits to, risks of violent confrontation in connection with attempts to steal
marijuana, risk of fire from improperly wired electrical lights within structures growing
marijuana, risk of guard dogs and security measures associated with structures and
properties growing marijuana; and
Furthermore, the United States Environmental Protection Agency has not established
appropriate pesticide tolerances for, or permitted the registration and lawful use of,
pesticides on cannabis crops intended for human consumption under the Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136, et seq.). The use of
pesticides is therefore inadequately regulated due to these omissions in federal law,
and cannabis cultivated in California can and often does contain pesticide residues.
These substances can run off of outdoor cultivation sites onto neighboring properties
and/or leach into the groundwater.
There are, thus, serious nuisance impacts associated with the outdoor cultivation of
marijuana. Cultivation bans in other cities have been reviewed by the courts and have
been upheld in a variety of forms, including complete bans on cultivation within city
limits (see Maral v. City of Live Oak (2014)).
State law governing marijuana cultivation
The laws governing medical marijuana cultivation, sale, and use in California have
evolved rapidly, and are presently in flux at the state level. As has been widely reported
in the media, the State of California is attempting to create a new statewide framework
to regulate medical marijuana cultivation, sale, and use (see AB 243 (Wood), AB 266
(Bonta, Cooley, Jones-Sawyer, Lackey, and Wood), and SB 643 (McGuire)). These
efforts are partially an acknowledgment of the confusion and lack of uniform regulation
created in the wake of Proposition 215 (1996), which enacted the Compassionate Use
Act, and passage of the Medical Marijuana Program Act of 2003. All three of these bills
have been passed by the Legislature and were signed by Governor Brown on October
ject.
Generally, the new laws continue to recognize the power of local governments to
Packet Pg. 23
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regulate marijuana cultivation. However, under AB 243, the State Department of Food
e
will administer the new state laws pertaining to the cultivation of medical marijuana.
Under subdivision (c):
ances regulating or
prohibiting the cultivation of marijuana, either expressly or otherwise under
principles of permissive zoning, or chooses not to administer a conditional
permit program pursuant to this section, then commencing March 1, 2016,
the \[State Department of Food and Agriculture\] shall be the sole licensing
authority for medical marijuana cultivation applicants in that city... (Health
& Safety Code § 11362.777(c)(4).)
Since this new framework has been signed into law, it is appropriate that the City
ensure its prohibition on the cultivation of marijuana is clear, so there is no question of
the need for the State to act as the only licensing authority under the new laws.
Textural Changes to Municipal Code
Chapter 9.28 prohibits marijuana dispensa
to include marijuana cultivation. Thus, while the proposed ordinance is not making any
substantive changes to the municipal code, the proposed ordinance makes explicitly
clear that marijuana cultivation is pro
New text is underlined, deleted text is strikeout, and remaining text is in regular
typeface.
Chapter 9.28 18.91- MEDICAL MARIJUANA DISPENSARIES AND CULTIVATION
18.91.010 - Purpose.
The City Council of the City of Grand Terrace hereby finds and determines that it
is the purpose and intent of this article to prohibit marijuana dispensaries and
cultivation, in order to promote the health, safety, morals and general welfare of
the residents and the businesses within the City by maintaining local control over
the ability to regulate marijuana related business.
18.91.020 - Applicability.
A. Nothing in this article is intended, nor shall it be construed, to burden any
defense to criminal prosecution under the CUA.
B. All the provisions of this article shall apply to all property, public and private,
within the City.
C. All the provisions of this article shall apply indoors and outdoors.
9.28.020 -18.91.030 - Definitions.
Packet Pg. 24
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facility, vehicle utilized in full or in part, as a place at or in which medical marijuana is
made available, sold traded, exchanged or bartered for in any way with or without
consideration, made available, located, stored placed, cultivated and/or distributed.
The following definitions apply to this chapter:
A. r processing
of marijuana plants or any part thereof for any purpose, including medical
marijuana, and shall include both indoor and outdoor cultivation.
A. B.
Health & Safety Code Section 11018.
B. C.
accordance with California Health and Safety Code section 11362.5.
C. D.
or processing of marijuana plants or any part thereof for any purpose,
including medical marijuana, and shall include both indoor and outdoor
cultivation.
D. E. "Medical marijuana dispensary" or "dispensary" shall mean any location,
structure, facility, vehicle utilized in full or in part, as a place at or in which
medical marijuana is made available, sold traded, exchanged or bartered
for in any way with or without consideration, made available, located,
l marijuana
such uses are otherwise regulated by this Code or applicable law:
1. A clinic licensed pursuant to Chapter 1 of Division 2 of the Health and
Safety Code;
2. A health care facility licensed pursuant to Chapter 2 of Division 2 of the
Health and Safety Code;
3. A residential care facility for persons with chronic life-threatening illness
licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety
Code;
4. A residential care facility for the elderly licensed pursuant to Chapter 3.2 of
Division 2 of the Health and Safety Code;
5. A residential hospice, or a home health agency, licensed pursuant to
Chapter 8 of Division 2 of the Health and Safety Code, as long as any
such use complies strictly with applicable law including, but not limited to,
Health and Safety Code Section 11362.5 et seq.
F.
other organization. The term person shall include any owner, manager
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proprietor, employee, volunteer and/or salesperson.
9.28.010 - Prohibition 18.91.040- Marijuana dispensaries and cultivation prohibited.
The City Council finds and determines that medical marijuana dispensaries are
prohibited within all zoning districts within the City. The operation of medical marijuana
dispensaries and marijuana cultivation by any person, including primary caregivers,
qualified patients and dispensaries, are prohibited in all zone districts within the City of
Grand Terrace.
9.28.030 - Uses prohibited.
A medical marijuana dispensary shall not include the following uses, as long as
the locations of such uses are otherwise regulated by this Code or applicable law:
A. A clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety
Code;
B. A health care facility licensed pursuant to Chapter 2 of Division 2 of the Health
and Safety Code.
C. A residential care facility for persons with chronic life-threatening illness
licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code;
D. A residential care facility for the elderly licensed pursuant to Chapter 3.2 of
Division 2 of the Health and Safety Code.
E. A residential hospice, or a home health agency, licensed pursuant to Chapter
8 of Division 2 of the Health and Safety Code, as long as any such use
complies strictly with applicable law including, but not limited to, Health and
Safety Code Section 11362.5 et seq.
18.91.050 - Declaration of public nuisance.
Any use, structure, or property that is altered, enlarged, erected, established,
maintained, moved, or operated contrary to the provisions of this article, is hereby
declared to be unlawful and a public nuisance and may be abated by the city through
civil, criminal, and/or administrative proceedings by means of a restraining order,
preliminary or permanent injunction, or in any other manner provided by law for the
abatement of such nuisances.
18.91.060 - Violations.
A. Violations of this article shall be punishable pursuant to Chapter 1.16 of this
Code.
B. This article is not the exclusive means for the abatement of marijuana
dispensaries within the City of Grand Terrace. The remedies set forth pursuant to
this section shall be in addition to any other existing remedies for violations of the
Zoning Code, including but not limited to, any action at law or equity.
Packet Pg. 26
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Chapter 5.90 Marijuana Dispensaries
The ordinance would also add Chapter 5.90 Marijuana Dispensaries. This new Chapter
does not require Planning Commission action; but is provided herein for reference
purposes.
5.90.010 - Marijuana Dispensaries.
The City shall refuse to issue any license under this Title 5 when it is determined from
the application for such license that the business or occupation for which the license is
requested involves in anyway whatsoever commercial cannabis activities prohibited
within the City, pursuant to Chapter 18.91 of the Grand Terrace Municipal Code.
Zoning Ordinance Amendment Findings
In making a recommendation to the City Council, the Planning Commission must make
findings as follows:
1. The new ordinance shall be consistent with the policies of the General Plan;
2. The new ordinance will not adversely affect property values and will not be
detrimental to the City.
3. The ordinance amendment shall be consistent with the purpose of the Zoning
Ordinance which is to protect and promote the public health, safety and general
welfare and implement the policies of the General Plan, more specifically:
General Plan Consistency Findings
In addition, the following General Plan consistency findings, would also be made.
1. The new ordinance would clarify the existing prohibition on cultivation of
marijuana. More clearly regulating this activity will better limit neighborhood
effects such as odor and help to limit potential theft associated crime that
could have a detrimental effect on surrounding properties.
2. Reducing odor and potential criminal activities associated with outdoor
marijuana cultivation would provide for, and maintain, a positive city image
that reflects a high quality of life by decreasing the likelihood of violent crime,
precluding uses that give off noxious odors, and avoiding increased traffic
associated with cultivation activities.
3. Prohibiting outdoor marijuana cultivation will preserve and maintain high
quality law enforcement service by minimizing the amount of time needed by
law enforcement to respond to complaints about odors and theft and other
criminal activities that may be associated with outdoor cultivation of
marijuana.
PUBLIC NOTICE
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Notice of the public hearing was published in the Grand Terrace City News and posted
in three public places in accordance with state law.
ENVIRONMENTAL REVIEW
Pursuant to Section 15061(b)(3) of the Guidelines for the Implementation of the
California Environmental Quality Act (CEQA) of 1970, as amended, the adoption of the
exempt from environmental review as there is no possibility that the Project would have
a significant effect on the environment given that the proposed amendments simply
clarify existing prohibitions on the outdoor cultivation of marijuana in City.
ATTACHMENTS:
Planning Commission Reso MJ Cultivation Ban Grand Terrace (DOC)
Exhibit 1 of Resolution (DOCX)
APPROVALS:
Sandra Molina Completed 12/09/2015 4:10 PM
City Attorney Completed 12/10/2015 12:42 PM
Community Development Completed 12/10/2015 12:44 PM
Planning Commission Pending 12/17/2015 6:30 PM
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A.2.a
RESOLUTION NO. 2015-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GRAND
TERRACE, CALIFORNIA, RECOMMENDING A DETERMINATION THAT ZONING
CODE AMENDMENT IS EXEMPT UNDER SECTION 15061(b)(3) OF THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND RECOMMENDING TO
THE CITY COUNCIL APPROVAL OF ZONING CODE AMENDMENT 15-04 TO
AMEND THE GRAND TERRACE ZONING CODE TO EXPLICITLY PROHIBIT THE
CULTIVATION OF ALL FORMS OF MARIJUANA IN THE CITY
THE PLANNING COMMISSION OF THE CITY OF GRAND TERRACE,
CALIFORNIA HEREBY FINDS, DETERMINES AND RESOLVES AS FOLLOWS:
SECTION 1. That on December 17, 2015, in compliance with the California
Environmental Quality Act (CEQA), the Planning Commission recommends a
determination that Zoning Code Amendment No. 15-04 constitutes a Categorical
Exemption under Section 15061(b)(3) of CEQA.
SECTION 2. The Planning Commission does hereby find, determine and
declare as follows:
WHEREAS, the City of Grand Terrace, pursuant to its police power, may adopt
regulations to protect the health, safety and welfare of the public, Cal. Const. art. XI, §
7, Cal. Govt. Code § 37100, and thereby is authorized to declare what use or condition
constitutes a public nuisance; and,
WHEREAS, Section 38771 of the California Government Code 38771 authorizes
the City, through its legislative body, to declare actions and activities that constitute a
public nuisance; and,
WHEREAS, in 1970, Congress enacted the Controlled Substances Act (21
U.S.C. Section 801 et seq.) which, among other things, makes it illegal to import,
manufacture, distribute, possess, or use marijuana for any purpose in the United States
and further provides criminal penalties for marijuana possession, cultivation and
distribution; and,
WHEREAS, the People of the State of California have enacted Proposition 215,
the Compassionate Use Act of 1996 (codified at Health and Safety Code Section
caregivers from criminal prosecution under enumerated Health and Safety Code
sections for use of marijuana for medical purposes; and,
WHEREAS, the California Legislature enacted Senate Bill 420 in 2003, the
Attachment: Planning Commission Reso MJ Cultivation Ban Grand Terrace (1820 : Code Amendment Relating to Medical Marijuana
Medical Marijuana Program Act (codified at Health and Safety Code Section 11362.7 et
1
Packet Pg. 29
A.2.a
eated a state-wide identification card scheme
for qualified patients and primary caregivers; and,
WHEREAS, on October 11, 2015, the Governor signed into law Senate Bill 643,
Assembly Bill 266, and Assembly Bill 243, collectively referred to as the Medical
establishes a state licensing system for medical marijuana cultivation, manufacturing,
delivery, and dispensing, regulating these activities with licensing requirements and
regulations that are only applicable if cities and counties also permit marijuana
cultivation, manufacturing, dispensing, and delivery within their jurisdictions. Under the
MMRSA, cities and counties may continue to: ban medical marijuana cultivation,
manufacturing, dispensing, and delivery, in which case the new law would not allow or
permit these activities within the cities and counties; and,
WHEREAS, notwithstanding the CUA, the MMPA, and the MMRSA, marijuana
remains a schedule I substance pursuant to Cal. Health & Safety. Code § 11054 (d)
(13); and,
WHEREAS, marijuana also remains a schedule I substance pursuant to federal
law, 21 U.S.C. § 812, Schedule 1 (c) (10), and federal law does not provide for any
medical use defense or exception (Gonzales v. Raich, 545 U.S. 1 (2005); United States
, 532 U.S. 483 (2001)); and,
WHEREAS, the California Supreme Court has established that neither the
CUA nor the MMPA preempt local regulation in the case of City of Riverside v. Inland
Empire Patients Health and Wellness Center, Inc., 56 Cal. 4th 729 (2013); and,
WHEREAS, the MMRSA expressly allows cities and counties to ban marijuana
cultivation consistent with current state law including the City of Riverside v. Inland
Empire Patients Health and Wellness Center, Inc., 56 Cal. 4th 729 (2013); and,
WHEREAS, the MMRSA provides that if a city, county, or city and county does
not have land use regulations or ordinances regulating or prohibiting the cultivation
of marijuana, either expressly or otherwise under the principles of permissive zoning,
or chooses not to administer a conditional permit program pursuit to the MMRSA,
then commencing March 1, 2016, the state will be the sole licensing authority for
medical marijuana cultivation applicants (Health & Safety Code section
11372.777(c)(4)); and,
WHEREAS, the Planning Commission intends by the adoption of this
resolution to recommend prohibiting marijuana cultivation within the City for the
express and specific purpose of preserving the Ci
future regulations pertaining to marijuana cultivation as is required by California
Health and Safety Code section 11372.777(c) (4), effective January 1, 2016, added
by the MMRSA; and
WHEREAS, the City of Grand Terrace permissive Zoning Code does not list
marijuana cultivation as a permitted land use in any zone in the City; and,
Attachment: Planning Commission Reso MJ Cultivation Ban Grand Terrace (1820 : Code Amendment Relating to Medical Marijuana
2
Packet Pg. 30
A.2.a
WHEREAS, the Planning Commission of the City of Grand Terrace finds that
the proposed ordinance is not detrimental to the health, safety, morals, comfort and
general welfare of those residing and working in the City to make explicit that
marijuana cultivation is prohibited anywhere in the City and is a public nuisance per
se; and,
WHEREAS, the Planning Commission finds that the proposed ordinance is not
injurious to property or improvements within the city; and:
WHEREAS, the Planning Commission finds that the cultivation of marijuana
jurisdiction. These impacts include the following:
A. Public safety agencies, city residents, and other public entities have reported
adverse impacts from marijuana cultivation, including disagreeable odors and
release of pollen that can aggravate the respiratory system; increased risk of
burglary and other property crimes; and acts of violence in connection with
the commission of such crimes or the occupants' attempts to prevent such
crimes;
B. The creation of persistent strong odors as marijuana plants mature and flower
is offensive to many people, interferes with the use and enjoyment of
property, and creates an attractive nuisance, alerting persons to the location
of valuable marijuana plants and creating an increased risk of crime;
C. The unregulated cultivation of marijuana can adversely affect the health,
safety and well-being of the city and its residents. Comprehensive regulation
of premises used for marijuana cultivation is proper and necessary to avoid
the risks of criminal activity, degradation of the natural environment, smells
and indoor electrical fire hazards that may result from unregulated marijuana
cultivation, especially if the amount of marijuana cultivated on a single
premises is not regulated and substantial amounts of marijuana can be
cultivated in a concentrated place;
D. The indoor cultivation of substantial amounts of marijuana also frequently
requires excessive use of electricity, which often creates an unreasonable risk
of fire from the electrical grow lighting systems used in indoor cultivation;
E. Children are particularly vulnerable to the effects of marijuana use, and the
presence of marijuana plants has proven to be an attractive nuisance for
children, creating an unreasonable hazard in areas frequented by children
including hospitals, schools, church parks or playgrounds, childcare centers,
recreation centers or youth centers. Cultivation of any amount of marijuana at,
or near these sensitive uses presents unique risks that the marijuana plants
may be observed by juveniles, and therefore be especially vulnerable to theft
or recreational consumption by juveniles. Further, the potential for criminal
activities associated with marijuana cultivation in such locations poses
heightened risks that juveniles will be involved or endangered. Therefore,
Attachment: Planning Commission Reso MJ Cultivation Ban Grand Terrace (1820 : Code Amendment Relating to Medical Marijuana
3
Packet Pg. 31
A.2.a
cultivation of any amount of marijuana in such locations or premises is
especially hazardous to public safety and welfare, and to the protection of
children and the person(s) cultivating the marijuana plants;
F. The cultivation of marijuana in other cities has resulted in calls for service to
the police department, including calls for robberies thefts, and physical
assaults from marijuana that is grown outdoors; and,
G. Marijuana growth poses significant safety risks for surrounding neighbors,
including but not limits to, risks of violent confrontation in connection with
attempts to steal marijuana, risk of fire from improperly wired electrical lights
within structures growing marijuana, risk of guard dogs and security
measures associated with structures and properties growing marijuana.
WHEREAS, the Planning Commission finds that Zoning Code Amendment 15-
04 will not adversely affect property values and will not be detrimental to the City;
and,
WHEREAS, the Planning Commission finds that Zoning Code Amendment 15-
04 would clarify the existing prohibition on cultivation of marijuana and thereby resulting
in better limiting neighborhood effects such as odor and help to limit potential theft
associated crime that could have a detrimental effect on surrounding properties; and,
WHEREAS, the Planning Commission finds that reducing odor and potential
criminal activities associated with outdoor marijuana cultivation would provide for, and
maintain, a positive city image that reflects a high quality of life by decreasing the
likelihood of violent crime, precluding uses that give off noxious odors, and avoiding
increased traffic associated with cultivation activities; and,
WHEREAS, the Planning Commission finds that prohibiting outdoor marijuana
cultivation will preserve and maintain high quality police service by minimizing the
amount of time needed by the Police Department to respond to complaints about odors
and theft and other criminal activities that may be associated with outdoor cultivation of
marijuana.
WHEREAS, the Planning Commission held a duly noticed public hearing on
Zoning Code Amendment No. 15-04 on December 17, 2015, and based on the public
testimony, staff analysis and advice of the City Attorney, the Planning Commission
determined that sanctioning the cultivation of all forms of marijuana would be
inconsistent with federal law and the provisions under Zoning Code Amendment 15-04
SECTION 3. Based upon the above findings and determinations, the Planning
Commission hereby recommends approval of Zoning Code Amendment 15-04 to the
City Council, as contained in attached Exhibit No. 1 of this resolution and incorporated
herein by reference.
Attachment: Planning Commission Reso MJ Cultivation Ban Grand Terrace (1820 : Code Amendment Relating to Medical Marijuana
4
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SECTION 4. Should any section, subsection, clause or provision of this
Resolution for any reason be held to be invalid or unconstitutional, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of the remaining
portions of this Resolution, it being hereby expressly declared that this Resolution, and
each and every section, subsection, sentence, clause and phrase hereof would have
been prepared, proposed, approved, adopted and/or ratified irrespective of the fact that
any one or more section, subsections, sentences, clauses or phrases of this Resolution
be declared invalid or unconstitutional
SECTION 5. The Planning Commission Secretary will certify to the adoption of
this Resolution.
th
PASSED, APPROVED AND ADOPTED this 17 day of December, 2015.
_____________________________
Tom Comstock
Chairman
ATTEST:
__________________________________
Planning Commission Secretary
Attachment: Planning Commission Reso MJ Cultivation Ban Grand Terrace (1820 : Code Amendment Relating to Medical Marijuana
5
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A.2.b
Exhibit 1
ORDINANCE NO. ______
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA, DETERMINING THIS AMENDMENT IS
EXEMPT PURSUANT TO SECTION 15061(b)(3) OF THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT AND AMENDING THE GRAND
TERRACE MUNICIPAL CODE BY ADDING CHAPTER 5.90 TO TITLE 5
PROHIBITING ISSUANCE OF A BUSINESS LICENSE FOR MEDICAL
MARIJUANA DISPENSARIES AND RECHAPTERING AND
AMENDMENT OF CHAPTER 9.28 OF TITLE 9 TO NEWLY CREATED
CHAPTER 18.91 OF TITLE 18 TO PRESERVE LOCAL AUTHORITY IN
REGARDS TO REGULATION AND PROHIBITION OF MARIJUANA
DISPENSARIES AND CULTIVATION
WHEREAS, the City of Grand Terrace, pursuant to its police power, may
adopt regulations to protect the health, safety and welfare of the public, Cal. Const.
art. XI, § 7, Cal. Govt. Code § 37100, and thereby is authorized to declare what use
or condition constitutes a public nuisance; and
WHEREAS, Section 38771 of the California Government Code 38771
authorizes the City through its legislative body to declare actions and activities that
constitute a public nuisance; and
WHEREAS, in 1970, Congress enacted the Controlled Substances Act (21
U.S.C. Section 801 et seq.) which, among other things, makes it illegal to import,
manufacture, distribute, possess, or use marijuana for any purpose in the United
States and further provides criminal penalties for marijuana possession, cultivation
and distribution; and
WHEREAS, the People of the State of California have enacted Proposition
215, the Compassionate Use Act of 1996 (codified at Health and Safety Code
primary caregivers from criminal prosecution under enumerated Health and Safety
Code sections for use of marijuana for medical purposes; and
WHEREAS, the California Legislature enacted Senate Bill 420 in 2003, the
Medical Marijuana Program Act (codified at Health and Safety Code Section 11362.7
as amended, which created a state-wide identification card
scheme for qualified patients and primary caregivers; and
WHEREAS, on October 11, 2015, the Governor signed into law Senate Bill
643, Assembly Bill 266, and Assembly Bill 243, collectively referred to as the Medical
, which
establishes a state licensing system for medical marijuana cultivation,
Attachment: Exhibit 1 of Resolution (1820 : Code Amendment Relating to Medical Marijuana Dispensaries & Cultivation)
manufacturing, delivery, and dispensing, regulating these activities with licensing
requirements and regulations that are only applicable if cities and counties also
Packet Pg. 34
A.2.b
permit marijuana cultivation, manufacturing, dispensing, and delivery within their
jurisdictions. Under the MMRSA, cities and counties may continue to ban medical
marijuana cultivation, manufacturing, dispensing, and delivery, in which case the new
law would not allow or permit these activities within the cities and counties; and
WHEREAS, notwithstanding the CUA, the MMPA, and the MMRSA, marijuana
remains a schedule I substance pursuant to Cal. Health & Saf. Code § 11054
(d)(13); and
WHEREAS, marijuana also remains a schedule I substance pursuant to
federal law, 21 U.S.C. § 812, Schedule 1 (c)(10), and federal law does not provide
for any medical use defense or exception (Gonzales v. Raich, 545 U.S. 1 (2005);
WHEREAS, the California Supreme Court has established that neither the
CUA nor the MMPA preempt local regulation in the case of City of Riverside v. Inland
Empire Patients Health and Wellness Center, Inc., 56 Cal. 4th 729 (2013); and
WHEREAS, the MMRSA expressly allows cities and counties to ban marijuana
cultivation consistent with current state law including the City of Riverside v. Inland
Empire Patients Health and Wellness Center, Inc., 56 Cal. 4th 729 (2013);
WHEREAS, the MMRSA provides that if a city, county, or city and county does
not have land use regulations or ordinances regulating or prohibiting the cultivation
of marijuana, either expressly or otherwise under the principles of permissive zoning,
or chooses not to administer a conditional permit program pursuit to the MMRSA,
then commencing March 1, 2016, the state will be the sole licensing authority for
medical marijuana cultivation applicants (Health & Safety Code section
11372.777(c)(4));
WHEREAS, the City intends by the adoption of this ordinance to relocate the
existing sections prohibiting marijuana dispensaries from Title 9 of the municipal
land use regulations for the express and specific purpose of clarifying that prohibition
as a land use ordinance and that such ban includes cultivation in order to preserve
the
cultivation as is required by California Health and Safety Code section
11372.777(c)(4), effective January 1, 2016, added by the MMRSA; and
WHEREAS, the City of Grand Terracessive Zoning Code does not list
marijuana cultivation as a permitted use in any zone in the City; and
WHEREAS, the City Council of the City of Grand Terrace finds that the
proposed ordinance will not be detrimental to the interest of the health, safety,
morals, comfort or general welfare of those residing or working in the City to make
explicit that marijuana cultivation is prohibited anywhere in the City and is a public
Attachment: Exhibit 1 of Resolution (1820 : Code Amendment Relating to Medical Marijuana Dispensaries & Cultivation)
nuisance per se; and
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WHEREAS, the City Council finds that the cultivation of marijuana significantly
impacts, or has the potential to s jurisdiction. These
impacts include the following:
A. Public safety agencies, city residents, and other public entities have reported
adverse impacts from marijuana cultivation, including disagreeable odors and
release of pollen that can aggravate the respiratory system; increased risk of
burglary and other property crimes; and acts of violence in connection with
the commission of such crimes or the occupants' attempts to prevent such
crimes.
B. The creation of persistent strong odors as marijuana plants mature and flower
is offensive to many people and creates an attractive nuisance, alerting
persons to the location of valuable marijuana plants and creating an
increased risk of crime.
C. The unregulated cultivation of marijuana can adversely affect the health,
safety and well-being of the city and its residents. Comprehensive regulation
of premises used for marijuana cultivation is proper and necessary to avoid
the risks of criminal activity, degradation of the natural environment, smells
and indoor electrical fire hazards that may result from unregulated marijuana
cultivation, especially if the amount of marijuana cultivated on a single
premises is not regulated and substantial amounts of marijuana can be
cultivated in a concentrated place.
D. The indoor cultivation of substantial amounts of marijuana also frequently
requires excessive use of electricity, which often creates an unreasonable risk
of fire from the electrical grow lighting systems used in indoor cultivation.
E. Children are particularly vulnerable to the effects of marijuana use, and the
presence of marijuana plants has proven to be an attractive nuisance for
children, creating an unreasonable hazard in areas frequented by children
including hospitals, schools, church parks or playgrounds, childcare centers,
recreation centers or youth centers. Cultivation of any amount of marijuana at,
or near these sensitive uses presents unique risks that the marijuana plants
may be observed by juveniles, and therefore be especially vulnerable to theft
or recreational consumption by juveniles. Further, the potential for criminal
activities associated with marijuana cultivation in such locations poses
heightened risks that juveniles will be involved or endangered. Therefore,
cultivation of any amount of marijuana in such locations or premises is
especially hazardous to public safety and welfare, and to the protection of
children and the person(s) cultivating the marijuana plants.
F. The cultivation of marijuana in other cities has resulted in calls for service
to the police department, including calls for robberies thefts, and physical
assaults from marijuana that is grown outdoors;
Attachment: Exhibit 1 of Resolution (1820 : Code Amendment Relating to Medical Marijuana Dispensaries & Cultivation)
G. Marijuana growth poses significant safety risks for surrounding neighbors,
including but not limits to, risks of violent confrontation in connection with
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A.2.b
attempts to steal marijuana, risk of fire from improperly wired electrical
lights within structures growing marijuana, risk of guard dogs and security
measures associated with structures and properties growing marijuana;
and
H. The smell associated with marijuana cultivation is severe enough that it
interferes with the use and enjoyment of property.
WHEREAS, the City Council finds that sanctioning the cultivation of marijuana
would be inconsistent with federal law; and
WHEREAS, the City of Grand Terrace California, pursuant to the provisions of
Resources Code Sections 21000 et seq.) and State CEQA guidelines (Sections
15000 et seq.) has determined that the Ordinance is exempt pursuant to Section
15061(b)(3) of Title 14 the California Code of Regulations; and
WHEREAS, the City Council finds that the provisions of this Ordinance are
consistent with the City of Grand Terrace General Plan; and
WHEREAS, the City Council finds that this Ordinance will not be injurious to
property, property improvements, nor will it adversely affect property values nor will it
be detrimental to the City; and
WHEREAS, on December 17, 2015, following proper notice and public
_____
recommending to the City Council the adoption of an Ordinance amending Title 18 of
the Grand Terrace Municipal Code, relating to marijuana dispensaries and
cultivation; and
WHEREAS, the City Council has considered evidence presented by the
Planning Commission and City Staff at a duly noticed public hearing held on
December 17, 2015; and
WHEREAS, all legal prerequisites prior to the adoption of this ordinance have
occurred.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY GRAND TERRACE
DOES ORDAIN AS FOLLOWS:
SECTION 1: The City Council finds that all the facts, findings, and conclusions set forth
above in this Ordinance are true and correct.
SECTION 2: Chapter 9.28 of the Grand Terrace Municipal Code is hereby amended to
read as follows:
Attachment: Exhibit 1 of Resolution (1820 : Code Amendment Relating to Medical Marijuana Dispensaries & Cultivation)
Chapter 9.28 - RESERVED
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A.2.b
SECTION 3: Chapter 5.90 is hereby added to the Grand Terrace Municipal Code to
read as follows:
Chapter 5.90 Marijuana Dispensaries
5.90.010 Marijuana Dispensaries.
The City shall refuse to issue any license under this Title 5 when it is determined from
the application for such license that the business or occupation for which the license is
requested involves in anyway whatsoever commercial cannabis activities prohibited
within the City, pursuant to Chapter 18.91 of the Grand Terrace Municipal Code
SECTION 4: Chapter 18.91 is hereby added to the Grand Terrace Municipal Code to
read as follows:
Chapter 18.91 Marijuana Dispensaries
18.91.010 - Purpose.
The City Council of the City of Grand Terrace hereby finds and determines that it
is the purpose and intent of this article to prohibit marijuana dispensaries, in order
to promote the health, safety, morals and general welfare of the residents and the
businesses within the City by maintaining local control over the ability to regulate
marijuana related businesses.
18.91.020 Applicability.
A. Nothing in this article is intended, nor shall it be construed, to burden any
defense to criminal prosecution under the CUA.
B. All the provisions of this article shall apply to all property, public and private,
within the City.
C. All the provisions of this article shall apply indoors and outdoors.
18.91.030 Definitions.
The following definitions apply to this chapter:
A. the planting, growing, harvesting drying or processing of
marijuana plants or any part thereof for any purpose, including medical
marijuana, and shall include both indoor and outdoor cultivation.
B.
Safety Code Section 11018.
Attachment: Exhibit 1 of Resolution (1820 : Code Amendment Relating to Medical Marijuana Dispensaries & Cultivation)
C. arijuana used for medical purposes in
accordance with California Health and Safety Code section 11362.5.
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A.2.b
D. "Medical marijuana dispensary" or "dispensary" shall mean any location,
structure, facility, vehicle utilized in full or in part, as a place at or in which
medical marijuana is made available, sold traded, exchanged or bartered for in
any way with or without consideration, made available, located, stored, placed,
cultivated and/or distributed.
the following uses, so long as the locations of such uses are otherwise regulated
by this Code or applicable law:
1. A clinic licensed pursuant to Chapter 1 of Division 2 of the Health and
Safety Code;
2. A health care facility licensed pursuant to Chapter 2 of Division 2 of the
Health and Safety Code;
3. A residential care facility for persons with chronic life-threatening illness
licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety
Code;
4. A residential care facility for the elderly licensed pursuant to Chapter 3.2 of
Division 2 of the Health and Safety Code;
5. A residential hospice, or a home health agency, licensed pursuant to
Chapter 8 of Division 2 of the Health and Safety Code, as long as any
such use complies strictly with applicable law including, but not limited to,
Health and Safety Code Section 11362.5 et seq.
E. shall mean any person, firm, corporation, association, club, society, or
other organization. The term person shall include any owner, manager,
proprietor, employee, volunteer and/or salesperson.
18.91.040 Marijuana dispensaries prohibited.
The operation of medical marijuana dispensaries by any person, including primary
caregivers, qualified patients and dispensaries, is prohibited in all zone districts within
the City of Grand Terrace.
18.91.050 - Declaration of public nuisance.
Any use, structure, or property that is altered, enlarged, erected, established,
maintained, moved, or operated contrary to the provisions of this article, is hereby
declared to be unlawful and a public nuisance and may be abated by the city through
civil, criminal, and/or administrative proceedings by means of a restraining order,
preliminary or permanent injunction, or in any other manner provided by law for the
abatement of such nuisances.
18.91.060 Violations.
Attachment: Exhibit 1 of Resolution (1820 : Code Amendment Relating to Medical Marijuana Dispensaries & Cultivation)
A. Violations of this article shall be punishable pursuant to Chapter 1.16 of this
Code.
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A.2.b
B. This article is not the exclusive means for the abatement of marijuana
dispensaries within the City of Grand Terrace. The remedies set forth pursuant to
this section shall be in addition to any other existing remedies for violations of the
Zoning Code, including but not limited to, any action at law or equity.
SECTION 5: Any provision of the Grand Terrace Municipal Code or appendices thereto
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 6: Should any provision of this Ordinance, or its application to any person or
circumstance, be determined by a court of competent jurisdiction to be unlawful,
unenforceable or otherwise void, that determination shall have no effect on any other
provision of this Ordinance or the application of this Ordinance to any other person or
circumstance and, to that end, the provisions hereof are severable. The City Council of
the City of Grand Terrace declares that it would have adopted all the provisions of this
ordinance that remain valid if any provisions of this ordinance are declared invalid.
SECTION 7: The Mayor shall sign and the City Clerk shall certify to the passage and
adoption of this Ordinance and shall cause the same to be published and posted
pursuant to the provisions of law in that regard and this Ordinance shall take effect 30
days after its final passage.
PASSED, APPROVED AND ADOPTED this ____ day of ____________, 2015.
ATTEST:
____________________________ ______________________________
Pat Jacquez-Nares Darcy McNaboe
City Clerk Mayor
Attachment: Exhibit 1 of Resolution (1820 : Code Amendment Relating to Medical Marijuana Dispensaries & Cultivation)
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A.2.b
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: Exhibit 1 of Resolution (1820 : Code Amendment Relating to Medical Marijuana Dispensaries & Cultivation)
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AGENDA REPORT
MEETING DATE:December 17, 2015
TITLE:Administrative Conditional Use Permit 15-06, Administrative
Site and Architectural Review 15-05, Variance 15-02 and
Environmental 15-10 Located at 21516 Main Street, Unit A
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 to the California
Environmental and Approving Variance 15-02,
Administrative Conditional Use Permit 15-06, and
Administrative Site and Architectural Review 15-05
Allowing the Use of Two Modular Office Units at 21516
Main Street, Suite A (APN 1167-111-10)
PROPOSAL:
two commercial modular units, measuring 720 square feet each, to be used as office
space and a 192 square foot truck trailer to be used as storage at 21516 Main Street,
Suite A. The structures have already been placed on site and are being used. The
proposed structures support the existing metal fabrication use. The site is zoned M-2
(Industrial).
The modification to the site and use of commercial modular units is subject to
administrative site and architectural and administrative conditional use permit review.
However, because the Applicant is proposing to deviate from Zoning Code
requirements relating to the age of the modular office units and their placement on
permanent foundations, the applications must be reviewed and approved by the
Planning Commission.
The Applicant has submitted a Letter of Intent which describes how the proposed
modular units and trailer will be used to support their existing manufacturing business.
SITE AND SURROUNDING AREA:
The Project occupies the north half of a four acre industrial site, adjacent to Main Street.
The site is flat, partially paved, and located at the southwest corner of the City's
boundary limits. The fabrication component of the business occupies a large metal
building which is partially enclosed. There are two other office type modular units pre-
existing on the site. The south half of the site is occupied by American Metal Recycling,
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and that portion of the site is fully paved.
The Burlington North Santa Fe (BNSF) Railroad line runs parallel to the Project site,
approximately 100 feet to the east. The Gage Canal is an open channel to the west.
The surrounding area is primarily made up of manufacturing, service commercial and
industrial uses with a residential neighborhood to the south, within the Highgrove
Community of Riverside County
Surrounding uses are industrial to the north and west, a SCE electrical substation to the
east, and residential to the south in Riverside County.
ANALYSIS:
General Plan/Zoning Consistency
The project site is designated Industrial on the General Plan Land Use Map. The
Industrial designation is intended for light manufacturing and assembly, small scale
warehousing and distribution, research and development, and administrative and service types of
uses. The installation of modular units to support the metal fabrication business is
consistent with the General Plan.
The site is zoned M2-Industrial. The purpose of the M2 district is to provide for the
development of medium manufacturing and industrial uses. The use modular office and
storage units are consistent with the M2 zone district. The structures conform to
required building setback.
Chapter 18.66 Manufactured Homes and Commercial Units allows the use of modular
commercial units for business offices, such as proposed by the Applicant. The Site
Development Standards require modular units to be installed on a permanent
foundation and that they are no more than 10 years old.
The Applicant has submitted Variance 15-02 to be allowed deviate from the two
requirements identified above. Duncan Bros. is requesting approval of the two modular
units on non-permanent raised foundations; and both of these modular units are
estimated to be between 10 to 20 years old. The interior of the office units have been
refurbished with drywall, carpet, crown molding, windows and doors.
The Project site is located within an industrial area, which has existing commercial
modular structures throughout. The structures are consistent with the surrounding area.
The modular will be tied down in conformance with building code requirements.
Additionally, a condition of approval has been added restricting the modification or
expansion of the units. Therefore, the variance can be supported.
Site Plan/Parking
The two modular units and storage trailer are located on the south side of the project
limits, approximately 180 feet from the north side property line, and 150 from the south
property line. (The structures are adjacent to the existing fence separating the
fabrication use from the metal recycling use.) The structures meet applicable setbacks.
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Parking regulations for manufacturing uses require one parking space for every 200
square feet of gross area. Each of the proposed modular units is required to have 4
parking spaces; and there is sufficient parking to support the modular offices.
Architectural Elevations/Floor Plans
Commercial modular units require to be architecturally treated with a non-reflective
material and be architecturally compatible with the surrounding commercial/industrial
structures. The wood siding on the proposed modular units will have a cream color coat
and green trim and fascia. The doors will have a cream color and the trim around the
doors, windows and the entry platform will be green.
The interior of the modular units show a standard floor plan with two entry points to the
main office and a private office. The interior of the storage trailer has been completely
refurbished with drywall, carpeting, windows and doors.
Reviewing Agency Comments
The project materials and plans were forwarded to reviewing agencies for review and
comment. The City's Building Official provided Conditions of Approval for the Project;
and San Bernardino County Fire provided Pre-Conditions of Approval. The Applicant
will be required to contact the Fire Department to obtain Final Conditions of Approval,
prior to plan check submittal.
The Agency Conditions are included in the Resolution of Approval as Exhibits 1 and 2,
respectively.
ENVIRONMENTAL REVIEW
The project qualifies for an exemption from the provisions of the California
Environmental Quality Act (CEQA) pursuant to Section 15301 of the State CEQA
Guidelines. This class exempts additions to existing structures provided that the
addition will not result in an increase of more than 50 percent of the floor area of the
structures before the addition, or 2,500 square feet, whichever is less.
PUBLIC NOTICE:
Public notice of the Project was provided, including publishing in the Grand Terrace City
News 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:
The proposed office and storage structures to support the metal fabrication are
permissible. The variance to support the age of the commercial units and the placement
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on a raised foundation can be supported. Therefore, staff recommends approval of the
project.
ATTACHMENTS:
Letter of Intent (PDF)
Resolution_Duncan Bros (DOC)
Exhibits to Resolution (PDF)
Notice of Exemption_ACUP 15-06 (DOC)
APPROVALS:
Sandra Molina Completed 12/09/2015 3:29 PM
City Attorney Completed 12/10/2015 2:19 PM
Community Development Completed 12/10/2015 2:24 PM
Planning Commission Pending 12/15/2016 6:30 PM
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A.1.a
DUNCAN BROS, INC.Steel Fabrication and Installation
21516 Main Street Grand Terrace, CA 92313 (951) 786-9630 fax (951) 786-9657
October 01, 2015
City of Grand Terrace
22795 Barton Road
Grand Terrace, CA 92313-5271
Attn: Sandra Molina
Duncan Bros.,Inc. is applying for a variance from the City of Grand Terrace zoning ordinance for
the following conditions:
Placement of temporary buildings on the property.
The modular buildings will house office space that is not currently available on the
leased property. Accessible parking and paths of travel will be provided in compliance with state
building codes and the American with Disabilities Act. Other properties in the vicinity contain
similar types of modular buildings and placement of the modular buildings will not constitute
special privileges inconsistent with the limitations on other properties.
The modular buildings will not be placed on permanent foundations. Permanent foundations for
temporary buildings are not feasible since the property is leased and the temporary buildings may
be replaced at some future date.
Modular buildings are more than 10 years old. The labels identifying the manufacturer, age and
model numbers for the modular buildings are no longer available. The modular building are
between 10 and 20 years old. The interior of one trailer has been completely refurbished with
drywall, carpeting, crown molding and new windows and doors. Upon approval, the second trailer
will also be refurbished to a similar standard. The exteriors of the structures are newly painted
and the structures do not exhibit any signs of decay or disrepair
Please feel free to contact me if you require further information.
Sincerely,
Attachment: Letter of Intent (1815 : Admin CUP 15-06/Variance 15-02)
David Smith
Duncan Bros., Inc.
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A.1.b
RESOLUTION NO. -
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 VARIANCE 15-02, ADMINISTRATIVE
CONDITIONAL USE PERMIT 15-06, AND ADMINISTRATIVE SITE
AND ARCHITECTURAL REVIEW 15-05 ALLOWING THE USE OF
TWO MODULAR OFFICE UNITS AND A STORAGE CONTAINER
LOCATED AT 21516 MAIN STREET, SUITE A (APN 1167-111-10)
WHEREAS, the applicant, Duncan Bros, represented by Broeske Architects, has
submitted Variance 15-02, Administrative Site and Architectural Review (ASA) 15-05,
Administrative Conditional Use Permit (ACUP) 15-06, and Environmental (E) 15-10 to
establish the use of two commercial modular units measuring 740 square feet each and
one storage trailer to support an existing metal fabrication use located on a the north
side of a 4-acre parcel zoned M2-Industrial; and
WHEREAS, Variance 15-02 was filed to deviate from the zoning standards
requiring modular units to be placed on permanent foundations and that they be no
more than 10 years old; and
WHEREAS, the project is categorically exempt from the California Environmental
Quality Act (CEQA) Guidelines, pursuant to Section 15301, which exempts existing
facilities; and
WHEREAS, on December 17, 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; and
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:
Attachment: Resolution_Duncan Bros (1815 : Admin CUP 15-06/Variance 15-02)
1. The Planning Commission hereby finds that the project is categorically exempt
pursuant to Section 15301 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 on the Planning Commission, and is hereby adopted.
2. The Planning Commission finds as follows with respect to Variance 15-02:
Page 1 of 6
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a. Special circumstances regarding the size, shape, topography, location or
surroundings of the subject property exist. Special circumstances exist
regarding the location and surrounding of the Project site. Project site is
located within an industrial area, which has existing commercial modular
structures throughout; additionally the site is served by a private road that is
accessed by other industrial users; thereby reducing their visibility.
b. Because of the special circumstance, the strict application of the zoning
ordinance deprives the subject property of privileges enjoyed by other
property in the vicinity and under identical zoning classification. The
surrounding area has existing modular units of varying ages, including those
over 10 years of age. The variance will allow the Applicant to enjoy the use
of the modular units as enjoyed by surrounding properties.
c. The granting of the variance will not constitute the grant of special privileges
inconsistent with the limitations upon other properties in the vicinity and
district in which the property is situated. Special privileges will not be
granted as the surrounding industrial area has existing modular units of
varying ages, on permanent and non-permanent foundations. Granting of
the variance will not pose any negative impacts to the site or adjacent
properties.
d. The granting of the variance will not authorize a use or activity which is not
otherwise expressly authorized by the district governing the parcel of
property.
e. The granting of the variance will not result in a situation inconsistent with the
latest adopted general plan. The office and storage uses are not
inconsistent with the general plan, as office e and storage uses are also
consistent with the M2 zoning.
f. Conditions necessary to secure the above findings are made a part of the
approval of the variance.
3. The Planning Commission finds as follows with respect to Administrative Site and
Architectural Review (ASA) 15-05:
Attachment: Resolution_Duncan Bros (1815 : Admin CUP 15-06/Variance 15-02)
a. The Project is consistent with the intent of the Grand Terrace Municipal
Code and the General Plan. The proposed project is consistent with the M2
Industrial zoning designation; and zoning code provisions which permit the
use of commercial modular units. The applicant is asking for a variance to
deviate from the zoning standards requiring modular units to be placed in
permanent foundations and be no more than ten years old. The proposed
use and location of the modular units and trailer are consistent with the
zoning code and meets applicable development standards. The overall
Page 2 of 6
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A.1.b
industrial use is consistent with the Industrial designation of the general
plan, including the proposed structures intended to support the existing use.
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
two 720 square feet modular units (each) and 192 square foot storage trailer
are keeping with the scale of the existing structures and surrounding area.
c. The architectural design of the 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 modular units and trailer are keeping with the scale of
the existing structures and their exterior have being recently painted and do
not exhibit any signs of decay or disrepair.
d. The plans for landscaping and open spaces provide a functional and
visually pleasing setting for the structures on the site and are harmonious
with the natural landscape of the area and nearby developments. The
proposed project is located in an already developed site and landscape is
pre-existing. No additional landscaping is being proposed at this time.
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 with little vegetation, which
will remain in place.
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
Attachment: Resolution_Duncan Bros (1815 : Admin CUP 15-06/Variance 15-02)
the City of Grand Terrace have been applied to the Project.
4. The Planning Commission finds as follows with respect to Administrative
Conditional Use Permit (CUP) 15-06:
a. The proposed use will not be detrimental to the health, safety, morals, and
conforms to the general welfare of the persons working within the
neighborhood of the proposed amendment or within the City. The structures
will be subject to existing building codes, meets all applicable setbacks, and
Page 3 of 6
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A.1.b
be structurally harmonious and blend with the existing on site structures.
The structures will not be detrimental to health, safety, morals of the general
welfare of the general public.
b. The proposed use will not be injurious to property or improvements in the
neighborhood or within the City because the Project will be built in an
already developed site, in accordance with the building codes and meets all
applicable setbacks. The Project will in no way preclude or constrain the use
of or development of surrounding properties.
c. The proposed is consistent with the General Plan. The project is consistent
with the goals, policies and regulations of the industrial district.
d. Conditions necessary to secure the purposes of this chapter are made a
part of the conditional use permit.
BE IT FURTHER RESOLVED that Variance 15-02, Administrative Site and
Architectural Review 15-05, Administrative Conditional Use Permit 15-06, and
Environmental 15-10 are hereby approved subject to the following conditions:
1. Variance 15-02, Administrative Site and Architectural Review 15-05,
Administrative Conditional Use Permit 15-06 is approved for the placement of
two modular units totaling 740 square feet each and one storage trailer pursuant
th
to the application and materials submitted on September 28, 2015. This
approval grants the installation of the modular units on non-permanent
foundations, and older than 10 years of age. These plans are approved as
submitted and conditioned herein, and shall not be further altered 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 which is the subject of this action has taken place and
all conditions of approval have been met, 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,
Attachment: Resolution_Duncan Bros (1815 : Admin CUP 15-06/Variance 15-02)
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 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.
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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. All contractors shall acquire a valid City business license and be in compliance
with all City codes.
7. The applicant shall comply with the requirements of the Grand Terrace Building
and Safety/Public Works Divisions, including the conditions of approval contained
in the memorandum dated October 20, 2015, attached hereto as Exhibits 1.
8. The applicant shall comply with all requirements of the San Bernardino County
Fire Department, Office of the Fire Marshal Community Safety Division, including
the conditions of approval contained in their letter dated October 20, 2015,
attached hereto as Exhibit 2.
9. Prior to the issuance of building permits, the applicant shall obtain all requisite
permits and clearances from Riverside Highland Water Company (RHWCO).
10. The applicant shall obtain a sign permit prior to the installation of any signs.
11. The Project shall be constructed in accordance with all the approved plans and
conditions of approval, including but not limited to site plans, floor plans and
elevations.
12. Construction and operational activities associated with the Project shall comply
with the regulations of the M2 Industrial District, Chapter 18.40 of the Grand
Terrace Municipal Code.
13. The applicant shall not expand or modify the modular units, in any fashion.
14. All changes and modifications to an approved facility shall require prior approval
by the City.
Attachment: Resolution_Duncan Bros (1815 : Admin CUP 15-06/Variance 15-02)
15. The applicant shall provide a screen fence around the perimeter of the proposed
site located at 21516 Main Street Suit #A. The applicant shall obtain Community
Development Department approval of the screen fencing prior to installation.
16. The applicant shall be responsible for regular and ongoing upkeep and
maintenance of the facility, including parking lot paving condition and striping,
clearing of trash, weeds and debris, lighting, and other site improvements.
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A.1.b
17. All graffiti and other forms of vandalism shall be promptly removed and/or
repaired within twenty-four (24) hours.
18. The point of sale for all fabricated products shall be the City of Grand Terrace.
The applicant shall provide appropriate documentation prior to the issuance of a
certificate of occupancy.
19. The applicant shall contact the Planning Division for a final inspection a minimum
one week prior to the inspection date requested.
20. No later than 15 days after the effective date of this approval, the Applicant shall
submit an application for a building permit to the Building and Safety Division and
shall submit plans to San Bernardino County Fire.
21. No later than 30 days after the effective date of this approval the applicant shall
have obtain all building clearances from the Building and Safety Division and
shall submit plans to San Bernardino County Fire.
22. No later than 10 days after the issuance of a building permit, the applicant shall
have obtained a final certificate of occupancy for the structures.
23. Upon approval of these conditions and prior to becoming final and binding, the
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 regular meeting held on the 17 day of December, 2015.
AYES:
NOES:
ABSENT:
ABSTAIN:
Attachment: Resolution_Duncan Bros (1815 : Admin CUP 15-06/Variance 15-02)
ATTEST:
__________________________ __________________________
Pat Jacques-Nares Tom Comstock
City Clerk Chairman
Page 6 of 6
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Building and Safety Conditions of Approval
Date: October 20, 2015
Applicant: Duncan Bros. Inc.
Address of Applicant: 21516 Main Street, Grand Terrace, Ca
Site Location: Same
APN: 1167-111-10
Provide four (4) sets of construction plans and documentation for plan review of the
proposed project. Below you will find a list of the plans and documents Building and
Safety will need for plan review. The initial plan review will take approximately two
weeks on most projects.
Provide the following sets of plans and documents.
Building and Safety submittal’s required at first plan review.
(4) Architectural Plans
(4) Plot/Site Plans
(4) Electrical Plans
Building & Safety General Information
All structures shall be designed in accordance with the 2013 California Building Code,
2013 California Mechanical Code, 2013 California Plumbing Code, and the 2013
California Electrical Code, and the 2013 California Green Buildings Standards adopted
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
Attachment: Exhibits to Resolution (1815 : Admin CUP 15-06/Variance 15-02)
requesting a final building inspection from Building & Safety. Each agency shall sign
the bottom of the Building & Safety Job Card.
Building & Safety inspection requests can be made twenty four (24) hours in advance
for next day inspection. Please contact (909) 430-2250. You may also request
inspections at the Building & Safety public counter.
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
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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) of travel shall be the most practical direct route between accessible building
entrances, site facilities, accessible parking, public sidewalks, and the accessible
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 the building owner’s responsibility to be aware of those differences and comply
accordingly.
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 & Safety, (Willdan Engineering) will inspect all foundation work, structural work
on the building to include plumbing, electrical, mechanical, title 24, green building code
items. Building & Safety will also inspect the electrical conduit in the common areas for
light standards as well as accessibility from the right of way to the building and the
disabled parking stalls. Signage will be inspected by the Building & Safety as well as
trash enclosures and other ornamental structures on the site.
Building & Safety Conditions
1. Prior to the issuance of a building permit, the applicant shall pay all Development
Improvement Fee’s to the City; this also includes school fees and outside agency
fees such as sewer water and utilities. Copies of receipts shall be provided to
Building & Safety prior to permit issuance.
2. All construction projects shall comply with the National Pollutant Discharge
Elimination Systems (NPDES).
3. Special inspectors and structural observation inspectors that are required by the
Attachment: Exhibits to Resolution (1815 : Admin CUP 15-06/Variance 15-02)
engineer of record shall register with Building & Safety. The special inspectors
shall provide a copy of his or her certifications and a copy of their driver’s license
before the start of work as an inspector on the project. Special inspectors are to
provide daily reports to Building & Safety by e-mail to the City inspector and to
the permit technician. Special inspectors are also required to provide a hard
copy of the reports in the construction office daily for the inspectors use. The
special inspectors shall make all necessary and required inspections before the
City provides periodic inspections.
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4. The proposed office modular shall be secured with wind tie downs to prevent
overturning of the trailers.
5. The modular shall be accessible by the disabled and shall have guard railing on
the decks if constructed higher than 30 inches above ground.
6. Each modular shall have a fire extinguisher approved by the Fire Department.
7. Each modular that has electrical hooked to it shall have the electrical ran in safe
manner and out of the way of damage. If electrical supply is by a cord, the cord
shall be a hard usage type that is weather proof.
Attachment: Exhibits to Resolution (1815 : Admin CUP 15-06/Variance 15-02)
Packet Pg. 55
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FIRE CONDITIONS
DATE 10-20-2015
FROM: Jeff Stinson, County Fire
Phone: (909) 386-8400
Public Safety
APPLICANT: DUNCAN BROS. Inc.
21516 Main St. Grand Terrace 92313 Phone:(951) 786-9630
Email: david@ducanbrosinc.com
SUBJECT
REQUEST: Install 2 modular offices space building to support an
existing manufacturing use. PROJECT LOCATION; 21516 Main St,
Grand Terrace; Applicant's Name: Duncan Bros. INC. / (APN 1167-
111-10)
PROJECT CONDITIONS
GENERAL REQUIREMENTS/ON-GOING CONDITIONS:
Jurisdiction. The above referenced project is under the jurisdiction of the San Bernardino
County Fire Department herein ("Fire Department"). Prior to any construction occurring on any
parcel, the applicant shall contact the Fire Department for verification of current fire protection
requirements. All new construction shall comply with the current Uniform Fire Code
requirements and all applicable statutes, codes, ordinances and standards of the Fire
Department. \[F01\]
Fire Fee. 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. \[F40\]
Construction permits, including Fire Condition Letters, shall automatically expire and become
invalid unless the work authorized by such permit is commenced within 180 days after its
issuance, or if the work authorized by such permit is suspended or abandoned for a period of
180 days after the time the work is commenced. Suspension or abandonment shall mean that
no inspection by the Department has occured with 180 days of any previous inspection. After a
construction permit or Fire Condition Letter, becomes invalid and before such previously
approved work recommences, a new permit shall be first obtained and the fee to recommence
Attachment: Exhibits to Resolution (1815 : Admin CUP 15-06/Variance 15-02)
work shall be one-half the fee for the new permit for such work, provided no changes have
been made or will be made in the original construction documents for such work, and provided
further that such suspension or abandonment has not exceeded one year. A request to extend
the Fire Condition Letter or Permit may be made in writing PRIOR TO the expiration date
justifying the reason that the Fire Condition Letter should be extended.
Additional Requirements. In addition to the Fire requirements stated herein, other on site and
off site improvements may be required which cannot be determined from tentative plans at this
time and would have to be reviewed after more complete improvement plans and profiles have
been submitted to this office. \[F01A\]
Packet Pg. 56
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THE FOLLOWING CONDITIONS SHALL BE MET PRIOR TO OCCUPANCY:
Water System Commercial. A water system approved and inspected by the Fire Department
is required. The system shall be operational, prior to any combustibles being stored on the
site. All fire hydrants shall be spaced no more than three hundred (300) feet apart
(as measured along vehicular travel-ways) and no more than three hundred \[300) feet from any
portion of a structure. \[F54\]
Primary Access Paved.Prior to building permits being issued to any new structure, the primary
access road shall be paved or an all weather surface and shall be installed as specified in the
General Requirement conditions (Fire # F-9), including width, vertical clearance and turnouts, if
required. \[F89\]
Access. The development shall have a minimum of ___2_____ points of vehicular access.
These are for fire/emergency equipment access and for evacuation routes. Standard 902.2.1
Single Story Road Access Width:
All buildings shall have access provided by approved roads, alleys and private drives with a
minimum twenty six (26) foot unobstructed width and vertically to fourteen (14) feet six (6)
inches in height. Other recognized standards may be more restrictive by requiring wider
access provisions.
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. \[F05B\]
4000 GPM at 20 PSI
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
Attachment: Exhibits to Resolution (1815 : Admin CUP 15-06/Variance 15-02)
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 \[F82\]
Additional Requirements. In addition to the Fire requirements stated herein, other on-site and
off- site improvements may be required which cannot be determined from tentative plans at
this time and would have to be reviewed after more complete improvement plans and profiles
have been submitted to this office. \[F01A\]
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A.1.d
CITY OF GRAND TERRACE
NOTICE OF EXEMPTION
TO: Clerk of the Board of Supervisors FROM: Community Development
County of San Bernardino Department
nd
385 N. Arrowhead Avenue, 2 Floor City of Grand Terrace
San Bernardino, CA 92415-0130 22795 Barton Road
Grand Terrace, CA 92313
Project Title: Administrative Conditional Use Permit 15-06, Administrative site and
Architectural Review 15-05, Variance 15-02 and Environmental 15-10
Project Location Specific: The project is located at 21516 Main Street Suite A, in the
County of San Bernardino, APN: 1167-111-10
Description of Project: Install two commercial modular units, each measuring 720 square feet
in non-permanent foundations and a 192 square foot storage trailer to support an existing
metal fabrication business.
Name of Public Agency Approving Project: Grand Terrace Planning Commission
Name of Person or Agency Carrying out Project: Duncan Bros Inc., represented by Broeske
Architects.
Exempt Status: California Code of Regulations, Title 14, Section 15301, Existing Facilities.
Reasons Why Project is Exempt: Section 15301, this section exempts additions to existing
structures provided that the addition will not result in an increase of more than 50 percent of
the floor area of the structures before the addition, or 2,500 square feet, whichever is less.
Lead Agency or Contact Person: Area Code/Telephone
(909) 824-6621
______________________________ _________________
Attachment: Notice of Exemption_ACUP 15-06 (1815 : Admin CUP 15-06/Variance 15-02)
Sandra Molina Date
Community Development Director
C:\\users\\jlambarena\\appdata\\local\\temp\\minutetraq\\grandterracecityca@grandterracecityca.iqm2.com\\work\\attachments\\3079.doc
22795 Barton Road, Grand Terrace, California, 92313-5295 909/824-6621 Fax 909/783-2600
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AGENDA REPORT
MEETING DATE:December 17, 2015
TITLE:Zoning Code Amendment 15-04/Relocating and Amending
the Existing Prohibition of Marijuana Dispensaries to the
Zoning Code
PRESENTED BY:Sandra Molina, Community Development Director
RECOMMENDATION:1) Conduct a public hearing; and
2) Adopt a Resolution recommending that the City Council
adopt an Ordinance DETERMINING THIS AMENDMENT IS
EXEMPT PURSUANT TO SECTION 15061(b)(3) OF THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT AND
AMENDING THE GRAND TERRACEMUNICIPAL CODE
BY ADDING CHAPTER 5.90 TO TITLE 5 PROHIBITION
ISSUANCE OF BUSINESS LICENSE FOR MEDICAL
MARIJUANA DISPENSARIES AND RECHAPTERING AND
AMENDMENT OF CHAPTER 9.28 OF TITLE 9
PROHIBITING MEDICAL MARIJUANA DISPENSARIES
TO CHAPTER 18.91 OF TITLE 18 TO PRESERVE LOCAL
AUTHORITY TO REGULATE AND PROHIBIT MEDICAL
MARIJUANA DISPENSARIES AND CULTIVATION.
2030 VISION STATEMENT:
This item promotes Our Mission: To preserve and protect our community and its
exceptional quality of life through thoughtful planning, within the constraints of fiscally
responsible government.
EXECUTIVE SUMMARY:
In response to three new bills that were signed into law by Governor Jerry Brown on
October 9, 2015 related to regulation of medical marijuana within the State of California,
cultivation within the City found in Chapter 9.28. Staff recommends relocating the
existing prohibition on marijuana dispensaries into the zoning code to make explicit the
fact that cultivation of marijuana and/or medical marijuana is prohibited in the City under
To that end, Staff has prepared an ordinance for expressly prohibiting such activity. As
proposed, the ordinance wouldre-chapter Chapter 9.28 and make it part of the Zoning
Code as Chapter 18.91, requiring that the ordinance be heard by the Planning
Commission. The ordinance would also create Chapter 5.90 of Title 5 to clarify that the
issuance of a business license for medical marijuana dispensaries is prohibited. This
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new Chapter does not require Planning Commission action, but it is part of the overall
actions that the Council would take.
BACKGROUND/DISCUSSION:
In the state of California, cities have the authority to adopt and enforce local laws so
long as they are not in conflict with state or federal law. On the basis of this authority,
the City has adopted a zoning ordinance that provides the permissible uses of and
s boundaries. To this end, the City
zoning ordinance, a use classification not listed within a given zoning district is
prohibited, unless otherwise authorized by the zoning administrator.
The outdoor cultivation of marijuana is not found among the use classifications
approved by the City. It is thus currently prohibited. In addition, the current ordinance
prohibiting marijuana dispensaries, which includes cultivation, is set forth in Title 9
will relocate the prohibition to the Zoning Code and expand upon the language to make
explicit that the current prohibition on marijuana dispensaries (which includes in its
definition marijuana cultivation) found in Chapter 9.28 into newly created Chapter 18.91
of the zoning code is a land use ordinance. In addition, this ordinance will create
Chapter 5.90 of Title 5 to clarify that the issuance of a business license for medical
marijuana dispensaries is prohibited.
Public safety agencies, and other public entities have reported adverse impacts from
marijuana cultivation, including disagreeable odors and release of pollen that can
aggravate the respiratory system; increased risk of burglary and other property crimes;
and acts of violence in connection with the commission of such crimes or the occupants'
attempts to prevent such crimes.
The creation of persistent strong odors as marijuana plants mature and flower is
offensive to many people and creates an attractive nuisance, alerting persons to the
location of valuable marijuana plants and creating an increased risk of crime.
The unregulated cultivation of marijuana can adversely affect the health, safety and
well-being of the city and its residents. Comprehensive regulation of premises used for
marijuana cultivation is proper and necessary to avoid the risks of criminal activity,
degradation of the natural environment, smells and indoor electrical fire hazards that
may result from unregulated marijuana cultivation, especially if the amount of marijuana
cultivated on a single premises is not regulated and substantial amounts of marijuana
can be cultivated in a concentrated place.
The indoor cultivation of substantial amounts of marijuana also frequently requires
excessive use of electricity, which often creates an unreasonable risk of fire from the
electrical grow lighting systems used in indoor cultivation.
Children are particularly vulnerable to the effects of marijuana use, and the presence of
marijuana plants has proven to be an attractive nuisance for children, creating an
unreasonable hazard in areas frequented by children including hospitals, schools,
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church parks or playgrounds, childcare centers, recreation centers or youth centers.
Cultivation of any amount of marijuana at, or near these sensitive uses presents unique
risks that the marijuana plants may be observed by juveniles, and therefore be
especially vulnerable to theft or recreational consumption by juveniles. Further, the
potential for criminal activities associated with marijuana cultivation in such locations
poses heightened risks that juveniles will be involved or endangered. Therefore,
cultivation of any amount of marijuana in such locations or premises is especially
hazardous to public safety and welfare, and to the protection of children and the
person(s) cultivating the marijuana plants.
The cultivation of marijuana in other cities has resulted in calls for service to the
police department, including calls for robberies thefts, and physical assaults from
marijuana that is grown outdoors;
Marijuana growth poses significant safety risks for surrounding neighbors, including
but not limits to, risks of violent confrontation in connection with attempts to steal
marijuana, risk of fire from improperly wired electrical lights within structures growing
marijuana, risk of guard dogs and security measures associated with structures and
properties growing marijuana; and
Furthermore, the United States Environmental Protection Agency has not established
appropriate pesticide tolerances for, or permitted the registration and lawful use of,
pesticides on cannabis crops intended for human consumption under the Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136, et seq.). The use of
pesticides is therefore inadequately regulated due to these omissions in federal law,
and cannabis cultivated in California can and often does contain pesticide residues.
These substances can run off of outdoor cultivation sites onto neighboring properties
and/or leach into the groundwater.
There are, thus, serious nuisance impacts associated with the outdoor cultivation of
marijuana. Cultivation bans in other cities have been reviewed by the courts and have
been upheld in a variety of forms, including complete bans on cultivation within city
limits (see Maral v. City of Live Oak (2014)).
State law governing marijuana cultivation
The laws governing medical marijuana cultivation, sale, and use in California have
evolved rapidly, and are presently in flux at the state level. As has been widely reported
in the media, the State of California is attempting to create a new statewide framework
to regulate medical marijuana cultivation, sale, and use (see AB 243 (Wood), AB 266
(Bonta, Cooley, Jones-Sawyer, Lackey, and Wood), and SB 643 (McGuire)). These
efforts are partially an acknowledgment of the confusion and lack of uniform regulation
created in the wake of Proposition 215 (1996), which enacted the Compassionate Use
Act, and passage of the Medical Marijuana Program Act of 2003. All three of these bills
have been passed by the Legislature and were signed by Governor Brown on October
ject.
Generally, the new laws continue to recognize the power of local governments to
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regulate marijuana cultivation. However, under AB 243, the State Department of Food
e
will administer the new state laws pertaining to the cultivation of medical marijuana.
Under subdivision (c):
ances regulating or
prohibiting the cultivation of marijuana, either expressly or otherwise under
principles of permissive zoning, or chooses not to administer a conditional
permit program pursuant to this section, then commencing March 1, 2016,
the \[State Department of Food and Agriculture\] shall be the sole licensing
authority for medical marijuana cultivation applicants in that city... (Health
& Safety Code § 11362.777(c)(4).)
Since this new framework has been signed into law, it is appropriate that the City
ensure its prohibition on the cultivation of marijuana is clear, so there is no question of
the need for the State to act as the only licensing authority under the new laws.
Textural Changes to Municipal Code
Chapter 9.28 prohibits marijuana dispensa
to include marijuana cultivation. Thus, while the proposed ordinance is not making any
substantive changes to the municipal code, the proposed ordinance makes explicitly
clear that marijuana cultivation is pro
New text is underlined, deleted text is strikeout, and remaining text is in regular
typeface.
Chapter 9.28 18.91- MEDICAL MARIJUANA DISPENSARIES AND CULTIVATION
18.91.010 - Purpose.
The City Council of the City of Grand Terrace hereby finds and determines that it
is the purpose and intent of this article to prohibit marijuana dispensaries and
cultivation, in order to promote the health, safety, morals and general welfare of
the residents and the businesses within the City by maintaining local control over
the ability to regulate marijuana related business.
18.91.020 - Applicability.
A. Nothing in this article is intended, nor shall it be construed, to burden any
defense to criminal prosecution under the CUA.
B. All the provisions of this article shall apply to all property, public and private,
within the City.
C. All the provisions of this article shall apply indoors and outdoors.
9.28.020 -18.91.030 - Definitions.
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facility, vehicle utilized in full or in part, as a place at or in which medical marijuana is
made available, sold traded, exchanged or bartered for in any way with or without
consideration, made available, located, stored placed, cultivated and/or distributed.
The following definitions apply to this chapter:
A. r processing
of marijuana plants or any part thereof for any purpose, including medical
marijuana, and shall include both indoor and outdoor cultivation.
A. B.
Health & Safety Code Section 11018.
B. C.
accordance with California Health and Safety Code section 11362.5.
C. D.
or processing of marijuana plants or any part thereof for any purpose,
including medical marijuana, and shall include both indoor and outdoor
cultivation.
D. E. "Medical marijuana dispensary" or "dispensary" shall mean any location,
structure, facility, vehicle utilized in full or in part, as a place at or in which
medical marijuana is made available, sold traded, exchanged or bartered
for in any way with or without consideration, made available, located,
l marijuana
such uses are otherwise regulated by this Code or applicable law:
1. A clinic licensed pursuant to Chapter 1 of Division 2 of the Health and
Safety Code;
2. A health care facility licensed pursuant to Chapter 2 of Division 2 of the
Health and Safety Code;
3. A residential care facility for persons with chronic life-threatening illness
licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety
Code;
4. A residential care facility for the elderly licensed pursuant to Chapter 3.2 of
Division 2 of the Health and Safety Code;
5. A residential hospice, or a home health agency, licensed pursuant to
Chapter 8 of Division 2 of the Health and Safety Code, as long as any
such use complies strictly with applicable law including, but not limited to,
Health and Safety Code Section 11362.5 et seq.
F.
other organization. The term person shall include any owner, manager
Packet Pg. 63
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proprietor, employee, volunteer and/or salesperson.
9.28.010 - Prohibition 18.91.040- Marijuana dispensaries and cultivation prohibited.
The City Council finds and determines that medical marijuana dispensaries are
prohibited within all zoning districts within the City. The operation of medical marijuana
dispensaries and marijuana cultivation by any person, including primary caregivers,
qualified patients and dispensaries, are prohibited in all zone districts within the City of
Grand Terrace.
9.28.030 - Uses prohibited.
A medical marijuana dispensary shall not include the following uses, as long as
the locations of such uses are otherwise regulated by this Code or applicable law:
A. A clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety
Code;
B. A health care facility licensed pursuant to Chapter 2 of Division 2 of the Health
and Safety Code.
C. A residential care facility for persons with chronic life-threatening illness
licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code;
D. A residential care facility for the elderly licensed pursuant to Chapter 3.2 of
Division 2 of the Health and Safety Code.
E. A residential hospice, or a home health agency, licensed pursuant to Chapter
8 of Division 2 of the Health and Safety Code, as long as any such use
complies strictly with applicable law including, but not limited to, Health and
Safety Code Section 11362.5 et seq.
18.91.050 - Declaration of public nuisance.
Any use, structure, or property that is altered, enlarged, erected, established,
maintained, moved, or operated contrary to the provisions of this article, is hereby
declared to be unlawful and a public nuisance and may be abated by the city through
civil, criminal, and/or administrative proceedings by means of a restraining order,
preliminary or permanent injunction, or in any other manner provided by law for the
abatement of such nuisances.
18.91.060 - Violations.
A. Violations of this article shall be punishable pursuant to Chapter 1.16 of this
Code.
B. This article is not the exclusive means for the abatement of marijuana
dispensaries within the City of Grand Terrace. The remedies set forth pursuant to
this section shall be in addition to any other existing remedies for violations of the
Zoning Code, including but not limited to, any action at law or equity.
Packet Pg. 64
A.2
Chapter 5.90 Marijuana Dispensaries
The ordinance would also add Chapter 5.90 Marijuana Dispensaries. This new Chapter
does not require Planning Commission action; but is provided herein for reference
purposes.
5.90.010 - Marijuana Dispensaries.
The City shall refuse to issue any license under this Title 5 when it is determined from
the application for such license that the business or occupation for which the license is
requested involves in anyway whatsoever commercial cannabis activities prohibited
within the City, pursuant to Chapter 18.91 of the Grand Terrace Municipal Code.
Zoning Ordinance Amendment Findings
In making a recommendation to the City Council, the Planning Commission must make
findings as follows:
1. The new ordinance shall be consistent with the policies of the General Plan;
2. The new ordinance will not adversely affect property values and will not be
detrimental to the City.
3. The ordinance amendment shall be consistent with the purpose of the Zoning
Ordinance which is to protect and promote the public health, safety and general
welfare and implement the policies of the General Plan, more specifically:
General Plan Consistency Findings
In addition, the following General Plan consistency findings, would also be made.
1. The new ordinance would clarify the existing prohibition on cultivation of
marijuana. More clearly regulating this activity will better limit neighborhood
effects such as odor and help to limit potential theft associated crime that
could have a detrimental effect on surrounding properties.
2. Reducing odor and potential criminal activities associated with outdoor
marijuana cultivation would provide for, and maintain, a positive city image
that reflects a high quality of life by decreasing the likelihood of violent crime,
precluding uses that give off noxious odors, and avoiding increased traffic
associated with cultivation activities.
3. Prohibiting outdoor marijuana cultivation will preserve and maintain high
quality law enforcement service by minimizing the amount of time needed by
law enforcement to respond to complaints about odors and theft and other
criminal activities that may be associated with outdoor cultivation of
marijuana.
PUBLIC NOTICE
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Notice of the public hearing was published in the Grand Terrace City News and posted
in three public places in accordance with state law.
ENVIRONMENTAL REVIEW
Pursuant to Section 15061(b)(3) of the Guidelines for the Implementation of the
California Environmental Quality Act (CEQA) of 1970, as amended, the adoption of the
exempt from environmental review as there is no possibility that the Project would have
a significant effect on the environment given that the proposed amendments simply
clarify existing prohibitions on the outdoor cultivation of marijuana in City.
ATTACHMENTS:
Planning Commission Reso MJ Cultivation Ban Grand Terrace (DOC)
Exhibit 1 of Resolution (DOCX)
APPROVALS:
Sandra Molina Completed 12/09/2015 4:10 PM
City Attorney Completed 12/10/2015 12:42 PM
Community Development Completed 12/10/2015 12:44 PM
Planning Commission Pending 12/17/2015 6:30 PM
Packet Pg. 66
A.2.a
RESOLUTION NO. 2015-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GRAND
TERRACE, CALIFORNIA, RECOMMENDING A DETERMINATION THAT ZONING
CODE AMENDMENT IS EXEMPT UNDER SECTION 15061(b)(3) OF THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND RECOMMENDING TO
THE CITY COUNCIL APPROVAL OF ZONING CODE AMENDMENT 15-04 TO
AMEND THE GRAND TERRACE ZONING CODE TO EXPLICITLY PROHIBIT THE
CULTIVATION OF ALL FORMS OF MARIJUANA IN THE CITY
THE PLANNING COMMISSION OF THE CITY OF GRAND TERRACE,
CALIFORNIA HEREBY FINDS, DETERMINES AND RESOLVES AS FOLLOWS:
SECTION 1. That on December 17, 2015, in compliance with the California
Environmental Quality Act (CEQA), the Planning Commission recommends a
determination that Zoning Code Amendment No. 15-04 constitutes a Categorical
Exemption under Section 15061(b)(3) of CEQA.
SECTION 2. The Planning Commission does hereby find, determine and
declare as follows:
WHEREAS, the City of Grand Terrace, pursuant to its police power, may adopt
regulations to protect the health, safety and welfare of the public, Cal. Const. art. XI, §
7, Cal. Govt. Code § 37100, and thereby is authorized to declare what use or condition
constitutes a public nuisance; and,
WHEREAS, Section 38771 of the California Government Code 38771 authorizes
the City, through its legislative body, to declare actions and activities that constitute a
public nuisance; and,
WHEREAS, in 1970, Congress enacted the Controlled Substances Act (21
U.S.C. Section 801 et seq.) which, among other things, makes it illegal to import,
manufacture, distribute, possess, or use marijuana for any purpose in the United States
and further provides criminal penalties for marijuana possession, cultivation and
distribution; and,
WHEREAS, the People of the State of California have enacted Proposition 215,
the Compassionate Use Act of 1996 (codified at Health and Safety Code Section
caregivers from criminal prosecution under enumerated Health and Safety Code
sections for use of marijuana for medical purposes; and,
WHEREAS, the California Legislature enacted Senate Bill 420 in 2003, the
Attachment: Planning Commission Reso MJ Cultivation Ban Grand Terrace (1820 : Code Amendment Relating to Medical Marijuana
Medical Marijuana Program Act (codified at Health and Safety Code Section 11362.7 et
1
Packet Pg. 67
A.2.a
eated a state-wide identification card scheme
for qualified patients and primary caregivers; and,
WHEREAS, on October 11, 2015, the Governor signed into law Senate Bill 643,
Assembly Bill 266, and Assembly Bill 243, collectively referred to as the Medical
establishes a state licensing system for medical marijuana cultivation, manufacturing,
delivery, and dispensing, regulating these activities with licensing requirements and
regulations that are only applicable if cities and counties also permit marijuana
cultivation, manufacturing, dispensing, and delivery within their jurisdictions. Under the
MMRSA, cities and counties may continue to: ban medical marijuana cultivation,
manufacturing, dispensing, and delivery, in which case the new law would not allow or
permit these activities within the cities and counties; and,
WHEREAS, notwithstanding the CUA, the MMPA, and the MMRSA, marijuana
remains a schedule I substance pursuant to Cal. Health & Safety. Code § 11054 (d)
(13); and,
WHEREAS, marijuana also remains a schedule I substance pursuant to federal
law, 21 U.S.C. § 812, Schedule 1 (c) (10), and federal law does not provide for any
medical use defense or exception (Gonzales v. Raich, 545 U.S. 1 (2005); United States
, 532 U.S. 483 (2001)); and,
WHEREAS, the California Supreme Court has established that neither the
CUA nor the MMPA preempt local regulation in the case of City of Riverside v. Inland
Empire Patients Health and Wellness Center, Inc., 56 Cal. 4th 729 (2013); and,
WHEREAS, the MMRSA expressly allows cities and counties to ban marijuana
cultivation consistent with current state law including the City of Riverside v. Inland
Empire Patients Health and Wellness Center, Inc., 56 Cal. 4th 729 (2013); and,
WHEREAS, the MMRSA provides that if a city, county, or city and county does
not have land use regulations or ordinances regulating or prohibiting the cultivation
of marijuana, either expressly or otherwise under the principles of permissive zoning,
or chooses not to administer a conditional permit program pursuit to the MMRSA,
then commencing March 1, 2016, the state will be the sole licensing authority for
medical marijuana cultivation applicants (Health & Safety Code section
11372.777(c)(4)); and,
WHEREAS, the Planning Commission intends by the adoption of this
resolution to recommend prohibiting marijuana cultivation within the City for the
express and specific purpose of preserving the Ci
future regulations pertaining to marijuana cultivation as is required by California
Health and Safety Code section 11372.777(c) (4), effective January 1, 2016, added
by the MMRSA; and
WHEREAS, the City of Grand Terrace permissive Zoning Code does not list
marijuana cultivation as a permitted land use in any zone in the City; and,
Attachment: Planning Commission Reso MJ Cultivation Ban Grand Terrace (1820 : Code Amendment Relating to Medical Marijuana
2
Packet Pg. 68
A.2.a
WHEREAS, the Planning Commission of the City of Grand Terrace finds that
the proposed ordinance is not detrimental to the health, safety, morals, comfort and
general welfare of those residing and working in the City to make explicit that
marijuana cultivation is prohibited anywhere in the City and is a public nuisance per
se; and,
WHEREAS, the Planning Commission finds that the proposed ordinance is not
injurious to property or improvements within the city; and:
WHEREAS, the Planning Commission finds that the cultivation of marijuana
jurisdiction. These impacts include the following:
A. Public safety agencies, city residents, and other public entities have reported
adverse impacts from marijuana cultivation, including disagreeable odors and
release of pollen that can aggravate the respiratory system; increased risk of
burglary and other property crimes; and acts of violence in connection with
the commission of such crimes or the occupants' attempts to prevent such
crimes;
B. The creation of persistent strong odors as marijuana plants mature and flower
is offensive to many people, interferes with the use and enjoyment of
property, and creates an attractive nuisance, alerting persons to the location
of valuable marijuana plants and creating an increased risk of crime;
C. The unregulated cultivation of marijuana can adversely affect the health,
safety and well-being of the city and its residents. Comprehensive regulation
of premises used for marijuana cultivation is proper and necessary to avoid
the risks of criminal activity, degradation of the natural environment, smells
and indoor electrical fire hazards that may result from unregulated marijuana
cultivation, especially if the amount of marijuana cultivated on a single
premises is not regulated and substantial amounts of marijuana can be
cultivated in a concentrated place;
D. The indoor cultivation of substantial amounts of marijuana also frequently
requires excessive use of electricity, which often creates an unreasonable risk
of fire from the electrical grow lighting systems used in indoor cultivation;
E. Children are particularly vulnerable to the effects of marijuana use, and the
presence of marijuana plants has proven to be an attractive nuisance for
children, creating an unreasonable hazard in areas frequented by children
including hospitals, schools, church parks or playgrounds, childcare centers,
recreation centers or youth centers. Cultivation of any amount of marijuana at,
or near these sensitive uses presents unique risks that the marijuana plants
may be observed by juveniles, and therefore be especially vulnerable to theft
or recreational consumption by juveniles. Further, the potential for criminal
activities associated with marijuana cultivation in such locations poses
heightened risks that juveniles will be involved or endangered. Therefore,
Attachment: Planning Commission Reso MJ Cultivation Ban Grand Terrace (1820 : Code Amendment Relating to Medical Marijuana
3
Packet Pg. 69
A.2.a
cultivation of any amount of marijuana in such locations or premises is
especially hazardous to public safety and welfare, and to the protection of
children and the person(s) cultivating the marijuana plants;
F. The cultivation of marijuana in other cities has resulted in calls for service to
the police department, including calls for robberies thefts, and physical
assaults from marijuana that is grown outdoors; and,
G. Marijuana growth poses significant safety risks for surrounding neighbors,
including but not limits to, risks of violent confrontation in connection with
attempts to steal marijuana, risk of fire from improperly wired electrical lights
within structures growing marijuana, risk of guard dogs and security
measures associated with structures and properties growing marijuana.
WHEREAS, the Planning Commission finds that Zoning Code Amendment 15-
04 will not adversely affect property values and will not be detrimental to the City;
and,
WHEREAS, the Planning Commission finds that Zoning Code Amendment 15-
04 would clarify the existing prohibition on cultivation of marijuana and thereby resulting
in better limiting neighborhood effects such as odor and help to limit potential theft
associated crime that could have a detrimental effect on surrounding properties; and,
WHEREAS, the Planning Commission finds that reducing odor and potential
criminal activities associated with outdoor marijuana cultivation would provide for, and
maintain, a positive city image that reflects a high quality of life by decreasing the
likelihood of violent crime, precluding uses that give off noxious odors, and avoiding
increased traffic associated with cultivation activities; and,
WHEREAS, the Planning Commission finds that prohibiting outdoor marijuana
cultivation will preserve and maintain high quality police service by minimizing the
amount of time needed by the Police Department to respond to complaints about odors
and theft and other criminal activities that may be associated with outdoor cultivation of
marijuana.
WHEREAS, the Planning Commission held a duly noticed public hearing on
Zoning Code Amendment No. 15-04 on December 17, 2015, and based on the public
testimony, staff analysis and advice of the City Attorney, the Planning Commission
determined that sanctioning the cultivation of all forms of marijuana would be
inconsistent with federal law and the provisions under Zoning Code Amendment 15-04
SECTION 3. Based upon the above findings and determinations, the Planning
Commission hereby recommends approval of Zoning Code Amendment 15-04 to the
City Council, as contained in attached Exhibit No. 1 of this resolution and incorporated
herein by reference.
Attachment: Planning Commission Reso MJ Cultivation Ban Grand Terrace (1820 : Code Amendment Relating to Medical Marijuana
4
Packet Pg. 70
A.2.a
SECTION 4. Should any section, subsection, clause or provision of this
Resolution for any reason be held to be invalid or unconstitutional, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of the remaining
portions of this Resolution, it being hereby expressly declared that this Resolution, and
each and every section, subsection, sentence, clause and phrase hereof would have
been prepared, proposed, approved, adopted and/or ratified irrespective of the fact that
any one or more section, subsections, sentences, clauses or phrases of this Resolution
be declared invalid or unconstitutional
SECTION 5. The Planning Commission Secretary will certify to the adoption of
this Resolution.
th
PASSED, APPROVED AND ADOPTED this 17 day of December, 2015.
_____________________________
Tom Comstock
Chairman
ATTEST:
__________________________________
Planning Commission Secretary
Attachment: Planning Commission Reso MJ Cultivation Ban Grand Terrace (1820 : Code Amendment Relating to Medical Marijuana
5
Packet Pg. 71
A.2.b
Exhibit 1
ORDINANCE NO. ______
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA, DETERMINING THIS AMENDMENT IS
EXEMPT PURSUANT TO SECTION 15061(b)(3) OF THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT AND AMENDING THE GRAND
TERRACE MUNICIPAL CODE BY ADDING CHAPTER 5.90 TO TITLE 5
PROHIBITING ISSUANCE OF A BUSINESS LICENSE FOR MEDICAL
MARIJUANA DISPENSARIES AND RECHAPTERING AND
AMENDMENT OF CHAPTER 9.28 OF TITLE 9 TO NEWLY CREATED
CHAPTER 18.91 OF TITLE 18 TO PRESERVE LOCAL AUTHORITY IN
REGARDS TO REGULATION AND PROHIBITION OF MARIJUANA
DISPENSARIES AND CULTIVATION
WHEREAS, the City of Grand Terrace, pursuant to its police power, may
adopt regulations to protect the health, safety and welfare of the public, Cal. Const.
art. XI, § 7, Cal. Govt. Code § 37100, and thereby is authorized to declare what use
or condition constitutes a public nuisance; and
WHEREAS, Section 38771 of the California Government Code 38771
authorizes the City through its legislative body to declare actions and activities that
constitute a public nuisance; and
WHEREAS, in 1970, Congress enacted the Controlled Substances Act (21
U.S.C. Section 801 et seq.) which, among other things, makes it illegal to import,
manufacture, distribute, possess, or use marijuana for any purpose in the United
States and further provides criminal penalties for marijuana possession, cultivation
and distribution; and
WHEREAS, the People of the State of California have enacted Proposition
215, the Compassionate Use Act of 1996 (codified at Health and Safety Code
primary caregivers from criminal prosecution under enumerated Health and Safety
Code sections for use of marijuana for medical purposes; and
WHEREAS, the California Legislature enacted Senate Bill 420 in 2003, the
Medical Marijuana Program Act (codified at Health and Safety Code Section 11362.7
as amended, which created a state-wide identification card
scheme for qualified patients and primary caregivers; and
WHEREAS, on October 11, 2015, the Governor signed into law Senate Bill
643, Assembly Bill 266, and Assembly Bill 243, collectively referred to as the Medical
, which
establishes a state licensing system for medical marijuana cultivation,
Attachment: Exhibit 1 of Resolution (1820 : Code Amendment Relating to Medical Marijuana Dispensaries & Cultivation)
manufacturing, delivery, and dispensing, regulating these activities with licensing
requirements and regulations that are only applicable if cities and counties also
Packet Pg. 72
A.2.b
permit marijuana cultivation, manufacturing, dispensing, and delivery within their
jurisdictions. Under the MMRSA, cities and counties may continue to ban medical
marijuana cultivation, manufacturing, dispensing, and delivery, in which case the new
law would not allow or permit these activities within the cities and counties; and
WHEREAS, notwithstanding the CUA, the MMPA, and the MMRSA, marijuana
remains a schedule I substance pursuant to Cal. Health & Saf. Code § 11054
(d)(13); and
WHEREAS, marijuana also remains a schedule I substance pursuant to
federal law, 21 U.S.C. § 812, Schedule 1 (c)(10), and federal law does not provide
for any medical use defense or exception (Gonzales v. Raich, 545 U.S. 1 (2005);
WHEREAS, the California Supreme Court has established that neither the
CUA nor the MMPA preempt local regulation in the case of City of Riverside v. Inland
Empire Patients Health and Wellness Center, Inc., 56 Cal. 4th 729 (2013); and
WHEREAS, the MMRSA expressly allows cities and counties to ban marijuana
cultivation consistent with current state law including the City of Riverside v. Inland
Empire Patients Health and Wellness Center, Inc., 56 Cal. 4th 729 (2013);
WHEREAS, the MMRSA provides that if a city, county, or city and county does
not have land use regulations or ordinances regulating or prohibiting the cultivation
of marijuana, either expressly or otherwise under the principles of permissive zoning,
or chooses not to administer a conditional permit program pursuit to the MMRSA,
then commencing March 1, 2016, the state will be the sole licensing authority for
medical marijuana cultivation applicants (Health & Safety Code section
11372.777(c)(4));
WHEREAS, the City intends by the adoption of this ordinance to relocate the
existing sections prohibiting marijuana dispensaries from Title 9 of the municipal
land use regulations for the express and specific purpose of clarifying that prohibition
as a land use ordinance and that such ban includes cultivation in order to preserve
the
cultivation as is required by California Health and Safety Code section
11372.777(c)(4), effective January 1, 2016, added by the MMRSA; and
WHEREAS, the City of Grand Terracessive Zoning Code does not list
marijuana cultivation as a permitted use in any zone in the City; and
WHEREAS, the City Council of the City of Grand Terrace finds that the
proposed ordinance will not be detrimental to the interest of the health, safety,
morals, comfort or general welfare of those residing or working in the City to make
explicit that marijuana cultivation is prohibited anywhere in the City and is a public
Attachment: Exhibit 1 of Resolution (1820 : Code Amendment Relating to Medical Marijuana Dispensaries & Cultivation)
nuisance per se; and
Packet Pg. 73
A.2.b
WHEREAS, the City Council finds that the cultivation of marijuana significantly
impacts, or has the potential to s jurisdiction. These
impacts include the following:
A. Public safety agencies, city residents, and other public entities have reported
adverse impacts from marijuana cultivation, including disagreeable odors and
release of pollen that can aggravate the respiratory system; increased risk of
burglary and other property crimes; and acts of violence in connection with
the commission of such crimes or the occupants' attempts to prevent such
crimes.
B. The creation of persistent strong odors as marijuana plants mature and flower
is offensive to many people and creates an attractive nuisance, alerting
persons to the location of valuable marijuana plants and creating an
increased risk of crime.
C. The unregulated cultivation of marijuana can adversely affect the health,
safety and well-being of the city and its residents. Comprehensive regulation
of premises used for marijuana cultivation is proper and necessary to avoid
the risks of criminal activity, degradation of the natural environment, smells
and indoor electrical fire hazards that may result from unregulated marijuana
cultivation, especially if the amount of marijuana cultivated on a single
premises is not regulated and substantial amounts of marijuana can be
cultivated in a concentrated place.
D. The indoor cultivation of substantial amounts of marijuana also frequently
requires excessive use of electricity, which often creates an unreasonable risk
of fire from the electrical grow lighting systems used in indoor cultivation.
E. Children are particularly vulnerable to the effects of marijuana use, and the
presence of marijuana plants has proven to be an attractive nuisance for
children, creating an unreasonable hazard in areas frequented by children
including hospitals, schools, church parks or playgrounds, childcare centers,
recreation centers or youth centers. Cultivation of any amount of marijuana at,
or near these sensitive uses presents unique risks that the marijuana plants
may be observed by juveniles, and therefore be especially vulnerable to theft
or recreational consumption by juveniles. Further, the potential for criminal
activities associated with marijuana cultivation in such locations poses
heightened risks that juveniles will be involved or endangered. Therefore,
cultivation of any amount of marijuana in such locations or premises is
especially hazardous to public safety and welfare, and to the protection of
children and the person(s) cultivating the marijuana plants.
F. The cultivation of marijuana in other cities has resulted in calls for service
to the police department, including calls for robberies thefts, and physical
assaults from marijuana that is grown outdoors;
Attachment: Exhibit 1 of Resolution (1820 : Code Amendment Relating to Medical Marijuana Dispensaries & Cultivation)
G. Marijuana growth poses significant safety risks for surrounding neighbors,
including but not limits to, risks of violent confrontation in connection with
Packet Pg. 74
A.2.b
attempts to steal marijuana, risk of fire from improperly wired electrical
lights within structures growing marijuana, risk of guard dogs and security
measures associated with structures and properties growing marijuana;
and
H. The smell associated with marijuana cultivation is severe enough that it
interferes with the use and enjoyment of property.
WHEREAS, the City Council finds that sanctioning the cultivation of marijuana
would be inconsistent with federal law; and
WHEREAS, the City of Grand Terrace California, pursuant to the provisions of
Resources Code Sections 21000 et seq.) and State CEQA guidelines (Sections
15000 et seq.) has determined that the Ordinance is exempt pursuant to Section
15061(b)(3) of Title 14 the California Code of Regulations; and
WHEREAS, the City Council finds that the provisions of this Ordinance are
consistent with the City of Grand Terrace General Plan; and
WHEREAS, the City Council finds that this Ordinance will not be injurious to
property, property improvements, nor will it adversely affect property values nor will it
be detrimental to the City; and
WHEREAS, on December 17, 2015, following proper notice and public
_____
recommending to the City Council the adoption of an Ordinance amending Title 18 of
the Grand Terrace Municipal Code, relating to marijuana dispensaries and
cultivation; and
WHEREAS, the City Council has considered evidence presented by the
Planning Commission and City Staff at a duly noticed public hearing held on
December 17, 2015; and
WHEREAS, all legal prerequisites prior to the adoption of this ordinance have
occurred.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY GRAND TERRACE
DOES ORDAIN AS FOLLOWS:
SECTION 1: The City Council finds that all the facts, findings, and conclusions set forth
above in this Ordinance are true and correct.
SECTION 2: Chapter 9.28 of the Grand Terrace Municipal Code is hereby amended to
read as follows:
Attachment: Exhibit 1 of Resolution (1820 : Code Amendment Relating to Medical Marijuana Dispensaries & Cultivation)
Chapter 9.28 - RESERVED
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A.2.b
SECTION 3: Chapter 5.90 is hereby added to the Grand Terrace Municipal Code to
read as follows:
Chapter 5.90 Marijuana Dispensaries
5.90.010 Marijuana Dispensaries.
The City shall refuse to issue any license under this Title 5 when it is determined from
the application for such license that the business or occupation for which the license is
requested involves in anyway whatsoever commercial cannabis activities prohibited
within the City, pursuant to Chapter 18.91 of the Grand Terrace Municipal Code
SECTION 4: Chapter 18.91 is hereby added to the Grand Terrace Municipal Code to
read as follows:
Chapter 18.91 Marijuana Dispensaries
18.91.010 - Purpose.
The City Council of the City of Grand Terrace hereby finds and determines that it
is the purpose and intent of this article to prohibit marijuana dispensaries, in order
to promote the health, safety, morals and general welfare of the residents and the
businesses within the City by maintaining local control over the ability to regulate
marijuana related businesses.
18.91.020 Applicability.
A. Nothing in this article is intended, nor shall it be construed, to burden any
defense to criminal prosecution under the CUA.
B. All the provisions of this article shall apply to all property, public and private,
within the City.
C. All the provisions of this article shall apply indoors and outdoors.
18.91.030 Definitions.
The following definitions apply to this chapter:
A. the planting, growing, harvesting drying or processing of
marijuana plants or any part thereof for any purpose, including medical
marijuana, and shall include both indoor and outdoor cultivation.
B.
Safety Code Section 11018.
Attachment: Exhibit 1 of Resolution (1820 : Code Amendment Relating to Medical Marijuana Dispensaries & Cultivation)
C. arijuana used for medical purposes in
accordance with California Health and Safety Code section 11362.5.
Packet Pg. 76
A.2.b
D. "Medical marijuana dispensary" or "dispensary" shall mean any location,
structure, facility, vehicle utilized in full or in part, as a place at or in which
medical marijuana is made available, sold traded, exchanged or bartered for in
any way with or without consideration, made available, located, stored, placed,
cultivated and/or distributed.
the following uses, so long as the locations of such uses are otherwise regulated
by this Code or applicable law:
1. A clinic licensed pursuant to Chapter 1 of Division 2 of the Health and
Safety Code;
2. A health care facility licensed pursuant to Chapter 2 of Division 2 of the
Health and Safety Code;
3. A residential care facility for persons with chronic life-threatening illness
licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety
Code;
4. A residential care facility for the elderly licensed pursuant to Chapter 3.2 of
Division 2 of the Health and Safety Code;
5. A residential hospice, or a home health agency, licensed pursuant to
Chapter 8 of Division 2 of the Health and Safety Code, as long as any
such use complies strictly with applicable law including, but not limited to,
Health and Safety Code Section 11362.5 et seq.
E. shall mean any person, firm, corporation, association, club, society, or
other organization. The term person shall include any owner, manager,
proprietor, employee, volunteer and/or salesperson.
18.91.040 Marijuana dispensaries prohibited.
The operation of medical marijuana dispensaries by any person, including primary
caregivers, qualified patients and dispensaries, is prohibited in all zone districts within
the City of Grand Terrace.
18.91.050 - Declaration of public nuisance.
Any use, structure, or property that is altered, enlarged, erected, established,
maintained, moved, or operated contrary to the provisions of this article, is hereby
declared to be unlawful and a public nuisance and may be abated by the city through
civil, criminal, and/or administrative proceedings by means of a restraining order,
preliminary or permanent injunction, or in any other manner provided by law for the
abatement of such nuisances.
18.91.060 Violations.
Attachment: Exhibit 1 of Resolution (1820 : Code Amendment Relating to Medical Marijuana Dispensaries & Cultivation)
A. Violations of this article shall be punishable pursuant to Chapter 1.16 of this
Code.
Packet Pg. 77
A.2.b
B. This article is not the exclusive means for the abatement of marijuana
dispensaries within the City of Grand Terrace. The remedies set forth pursuant to
this section shall be in addition to any other existing remedies for violations of the
Zoning Code, including but not limited to, any action at law or equity.
SECTION 5: Any provision of the Grand Terrace Municipal Code or appendices thereto
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 6: Should any provision of this Ordinance, or its application to any person or
circumstance, be determined by a court of competent jurisdiction to be unlawful,
unenforceable or otherwise void, that determination shall have no effect on any other
provision of this Ordinance or the application of this Ordinance to any other person or
circumstance and, to that end, the provisions hereof are severable. The City Council of
the City of Grand Terrace declares that it would have adopted all the provisions of this
ordinance that remain valid if any provisions of this ordinance are declared invalid.
SECTION 7: The Mayor shall sign and the City Clerk shall certify to the passage and
adoption of this Ordinance and shall cause the same to be published and posted
pursuant to the provisions of law in that regard and this Ordinance shall take effect 30
days after its final passage.
PASSED, APPROVED AND ADOPTED this ____ day of ____________, 2015.
ATTEST:
____________________________ ______________________________
Pat Jacquez-Nares Darcy McNaboe
City Clerk Mayor
Attachment: Exhibit 1 of Resolution (1820 : Code Amendment Relating to Medical Marijuana Dispensaries & Cultivation)
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A.2.b
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: Exhibit 1 of Resolution (1820 : Code Amendment Relating to Medical Marijuana Dispensaries & Cultivation)
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