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ATTACHMENT_4_ORDINANCE_ZCA_24_01_ZC_17_02(999560.1)01247.0005/999560.1 Ordinance No. ___ Page 1 of 9 ORDINANCE NO. ___ AN ORDINACE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, ADOPTING ZONE CHANGE (ZC 17-02) AND ZONE CHANGE AMENDMENT (ZCA 24-01) FOR THE GATEWAY AT GRAND TERRACE SPECIFIC PLAN, AND REPEALING AND REPLACING CHAPTER 18.09 (DISTRICTS AND MAP) AND CHAPTER 18.20 (SPECIFIC PLAN DISTRICTS) OF TITLE 18 (ZONING) OF THE GRAND TERRACE MUNICIPAL CODE IN THEIR ENTIRETY WHEREAS, Lewis Land Developers, LLC (“Applicant”), has filed an application for General Plan Amendment (GPA 17-01), Zone Change (ZC 17-02), Zone Change Amendment (ZCA 24-01), Specific Plan (SP 17-01), Tentative Tract Map No. 20501 (18-01) Development and Exchange Agreements (AGMT), and Environmental Impact Report for The Gateway at Grand Terrace Specific Plan (ENV 17-10) including the Findings of Fact and Statement of Overriding Considerations, and the Mitigation and Monitoring and Reporting Program (MMRP) for approval to establish The Gateway at Grand Terrace Specific Plan Project; and WHEREAS, General Plan Amendment (GPA 17-01), Zone Change (ZC 17-02), Zone Change Amendment (ZCA 24-01), Specific Plan (SP 17-01), Tentative Tract Map No. 20501 (TTM 18-01), Development and Exchange Agreements, and Environmental Impact Report (ENV 17-10) including the Findings of Fact and Statement of Overriding Considerations, and the MMRP are collectively referred to as “Project”; and WHEREAS, the 112-acre project site for the Gateway at Grand Terrace Specific Plan is to be rezoned “The Gateway at Grand Terrace Specific Plan (GSP)” on the Zoning Map and designated “The Gateway at Grand Terrace Specific Plan (GSP)” on the General Plan Land Use Map, generally located east of Interstate 215 (I-215) and is bounded by Commerce Way and an existing commercial parking lot to the north, the northern portion of Grand Terrace High School to the south, commercial and residential uses to the east, and I-215 to the west identified as Assessor’s Parcel Numbers 1167-151-78, 1167-151-79, 1167-161-33, 1167-161-02, 1167-161- 03, 1167-161-04, 1167-161-05, 1167-151-09, 1167-151-12, 1167-151-13, 1167-171-11, 1167- 171-12, 1167-151-20, 1167-151-22, 1167-181-12, 1167-181-13, 1167-151-21, 1167-151-23, 1167-181-01, 1167-151-18, 1167-151-68, 1167-151-65, 1167-151-74, 1167-151-75, 1167-151- 64, 1167-151-73, 1167-151-71, 1167-151-11, 1167-151-14, 1167-151-24, 1167-151-17, 1167- 151-10; and WHEREAS, the adoption of The Gateway at Grand Terrace Specific Plan requires amendments to be made to City’s Title 18 Zoning Code and Zoning Map; and WHEREAS, the application for Zone Change 17-02 amends the Zoning Ordinance to describe and identify the new zoning designation of the 112-acre project site known as The Gateway at Grand Terrace Specific Plan (GSP) for consistency purposes; and WHEREAS, the application for Zone Change Amendment 24-01 amends the Zoning Map to identify the new zoning designation of the 112-acre project site known as The Gateway at Grand Terrace Specific Plan (GSP) for consistency purposes; and WHEREAS, on June 6, 2024, the Planning Commission/Site and Architectural Review Attachment 4 01247.0005/999560.1 Ordinance No. ___ Page 2 of 9 Board conducted a duly noticed public hearing on the Project at the Grand Terrace Council Chambers located at 22795 Barton Road, Grand Terrace, California 92313; and adopted Resolution No. 2024-04 recommending the following actions to the City Council: a. Recommend the City Council certify the Final Environmental Impact Report (Final EIR) (SCH #2021020110); b. Recommend the City Council adopt the Findings of Fact and Statement of Overriding Considerations; c. Recommend the City Council adopt the Mitigation Monitoring and Reporting Program; and d. Recommend the City Council approve The Gateway at Grand Terrace Specific Plan (1701); General Plan Amendment (17-01), Zone Change (17-02), Zone Change Amendment (24-01), Tentative Tract Map 20501 (18-01); and WHEREAS, also on June 6, 2024, the Planning Commission adjourned the public hearing to a date certain, June 20, 2024, and continued the consideration of the development agreement to the same date; and WHEREAS, on June 20, 2024, the Planning Commission re-opened the adjourned duly noticed public hearing, received all of the information presented by staff, Developer, heard public testimony and considered all of the background information, and closed the public hearing; and concluded the hearing on said date by adopting Resolution No. 2024-05 recommending the City Council approve a Development Agreement by and between the City of Grand Terrace and Lewis Land Developers, LLC A Delaware Limited Liability Company Pursuant to Article 2.5 of Chapter 4 of Division 1 of Title 7, Sections 65864 through 65869.5 of the Government Code and Article XI, Section 2 of the California Constitution; and WHEREAS, on July 23, 2024, the City Council held a duly noticed public hearing to consider The Gateway at Grand Terrace Specific Plan “Project”, and during the public hearing on the Project the City Council adopted Resolution No. 2024-__ certifying the Final Environmental Impact Report, adopted Environmental Findings of Fact and Statement of Overriding Considerations, and adopted a Mitigation Monitoring and Reporting Program (ENV 17-10); and WHEREAS, notice of the City Council Public Hearing concerning this Ordinance was duly published in a local newspaper at least ten (10) days prior to the Public Hearing and posted by the City Clerk in compliance with the City’s Zoning Code and City Council Resolution No. 2019- 24, Expanded Public Noticing and Outreach Policy for Public Hearings and Public Workshops; and WHEREAS, on July 23, 2024, the City Council of the City of Grand Terrace introduced and conducted a first reading of this Ordinance, held a duly noticed Public Hearing with respect thereto, and considered testimony and evidence at the Public Hearing; and WHEREAS, on August ___, 2024, the City Council of the City of Grand Terrace conducted a second reading and adoption of this Ordinance; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA) the Zone Change 17-02 and Zone Change Amendment 24-01 has been considered in the Environmental Impact Report (SCH No. 2021020110) prepared for the Project, and the approval of the Zone Change 17-02 and Zone Change Amendment 24-01 is consistent with the analysis contained therein; and WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred. 01247.0005/999560.1 Ordinance No. ___ Page 3 of 9 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council hereby specifically finds that all the facts set forth in the above Recitals, are true and correct and incorporated herein by this reference and made a part hereof. SECTION 2. The City Council hereby finds that the Environmental Impact Report (EIR) for The Gateway at Grand Terrace Specific Plan (State Clearinghouse (SCH) NO. 2021020110), including the Mitigation Monitoring and Reporting Program and Findings of Fact and Statement of Overriding Considerations (ENV 17-10) adequately describes the Project and its potential impacts, as well as the impacts potentially resulting from the approval of Zone Change 17-02 and Zone Change Amendment 24-01 for the purposes of CEQA review, and Zone Change 17-02 and Zone Change Amendment 24-01 are consistent with the analysis of the Project within the City Council certified Final Environmental Impact Report, adopted Mitigation Monitoring and Reporting Program, adopted Findings of Fact, and adopted Statement of Overriding Considerations. SECTION 3. Based upon the forgoing and all oral and written testimony by members of the public and City staff (including, but not limited to, staff reports and attachments) made at the Public Hearing, the City Council determines the findings for Zone Change (ZC) 17-02 and Zone Change Amendment (ZCA) 24-01 pursuant to Grand Terrace Municipal Code Section §18.90.040, which can be made supporting the project application as follows: 1) Finding: The amendment will not be detrimental to the health, safety, morals, comfort or general welfare of the persons residing or working within the neighborhood of the amendment or within the City. Facts in Support of Finding: The zone change to add The Gateway at Grand Terrace Specific Plan (GSP) Zone to the Grand Terrace Zoning Code and Grand Terrace Zoning Map will not be detrimental to the health, safety, morals, comfort or general welfare of the persons residing or working within the area of the amendment for the GSP or injurious to property or improvements in the area of the GSP or within the City because they promote a variety of planned residential and commercial development within the City. The Gateway at Grand Terrace Specific Plan is consistent with the City of Grand Terrace Municipal Code and the Objective Design Standards contained within. The Gateway at Grand Terrace Specific Plan was determined to be consistent with the Municipal Code. The Specific Plan would promote strategic growth throughout the Specific Plan area through the inclusion of mixed-use development along the I-215 corridor and the streamlining of environmental review for implementing projects. 2) Finding: The amendment will not be: Injurious to property or improvements in the neighborhood or within the City. Facts in Support of Finding: The Zone Change Amendment (ZCA) 24-01 to amend the City’s Municipal Code will not be injurious to property improvements within neighborhoods in the City because ZCA 24-01 is clarifying the municipal code for all who reference it so no confusion exists with respect to the identification of The Gateway at Grand Terrace Specific Plan with the City of Grand Terrace. The Gateway at Grand Terrace Specific Plan designation would provide detailed policies, standards, and criteria for future development or redevelopment of the 112-acre area. The Gateway at Grand Terrace 01247.0005/999560.1 Ordinance No. ___ Page 4 of 9 Specific Plan would establish a policy environment that would promote the infill and comprehensive development of the area with locally serving businesses, amenities, and urban living opportunities while eliminating the under-utilized parcels. 3) Finding: The amendment will be consistent with the latest adopted general plan. Facts in Support of Finding: The Zone Change Amendment to establish the GSP Zone in the Grand Terrace Zoning Code and on the Grand Terrace Zoning Map will be consistent with the latest adopted General Plan as General Plan Amendment 17-01 is being processed concurrently to revise the General Plan Land Use Element to ensure the GSP Zone is consistent between the General Plan and Zoning Code. The Gateway at Grand Terrace Specific Plan is found to be consistent with the City’s General Plan including the following General Plan goals: • Goal 2.1. Provide for balanced growth which seeks to provide a wide range of employment and housing opportunities and maintenance of a healthy, diversified community. • Goal 2.3 Provide a wide range of retail and service commercial opportunities designed to meet the needs of the City’s residents, businesses, and visitors while also providing employment opportunities. SECTION 4. Title 18 (Zoning) Chapter 18.09 (Districts and Map) of the Grand Terrace Municipal Code is hereby repealed and replaced to read in its entirety as follows: “Chapter 18.09 DISTRICTS AND MAP Sections: 18.09.010 Purpose. The purpose of this Chapter is to establish the various zoning districts within the City. (Ord. 126 § 2, Exh. A(part), 1990) 18.09.020 Districts established. The following zoning districts are established: RH Hillside Residential District R1-20 Very Low Density Single Family Residential District R1-10 Low Density Single Family Residential District R1-7.2 Single Family Residential District R2 Low Medium Density Residential District R3 Medium Density Residential District R3-S Multiple Family Senior Citizen R3-20 Medium High Density Residential District R3-24 High Density Residential District BRSP Barton Road Specific Plan District AP Administrative Professional Office District C2 General Business District 01247.0005/999560.1 Ordinance No. ___ Page 5 of 9 CM Commercial Manufacturing District MR Restricted Manufacturing District M2 Industrial District PUB Public Facilities District FP Floodplain Overlay District AG Agricultural Overlay District R3-24 High Density Residential Overlay District GSP The Gateway at Grand Terrace Specific Plan (Ord. No. 298 , § 7, 10-11-2016; Ord. No. 264, § 10, 6-12-2012 ; Ord. 126 § 2, Exh. A(part), 1990; (Ord. ___ , 2024) 18.09.030 Designation on map and adoption of map. The designations, locations and boundaries of the districts established are delineated upon the official zoning map on file with the Planning Department. This map and all notations and information thereon, which may be amended from time to time, are made a part of this Title by reference. (Ord. 126 § 2, Exh. A(part), 1990) 18.09.040 Applicability of regulations. The uses described in this Title will be allowed and the regulations set out in this Title shall apply in the districts established in this Chapter. (Ord. 126 § 2, Exh. A(part), 1990) 18.09.050 Boundary uncertainties. Where uncertainty exists as to the boundaries of any districts shown on the zoning map, the following rules shall apply: A. Where such boundaries are indicated as approximately following street and alley lines, such lines shall be construed to be such boundaries. B. Where an uncertainty exists, the Planning Commission shall determine the location of boundaries. C. Where a public street or alley is officially vacated or abandoned, the regulations applicable to the parcel to which it reverts shall apply to such vacated or abandoned street or alley. (Ord. 126 § 2, Exh. A(part), 1990)” SECTION 5. Title 18 (Zoning) Chapter 18.20 (Specific Plan District) of the Grand Terrace Municipal Code is hereby repealed and replaced to read in its entirety as follows: “Chapter 18.20 SPECIFIC PLAN DISTRICTS Sections: 01247.0005/999560.1 Ordinance No. ___ Page 6 of 9 18.20.010 Purpose. The specific plans as referenced in this chapter are intended to carry out the goals and objectives of the community's general plan, with respect to commercial, office industrial and residential development. To achieve this purpose the specific plans provide comprehensive plans for land use, development regulations, design guidelines, development incentives and other related actions. In the event a conflict exists between the specific plans and any previous technical master plan or any portion of this Title 18 of the Grand Terrace Municipal Code as it may relate to properties within the specific plan area, the applicable specific plan for the planning area shall supersede. If a specific issue is not addressed in the applicable specific plan, the regulations as specified in this title shall apply. (Ord. 148 § 1(part), 1994: Ord. 134 § 1, Exhs. A, C, 1991; Ord. 126 § 2, Exh. A(part), 1990) 18.20.020 Barton Road specific plan. The Barton Road specific plan as referenced is located along Barton Road. It contains guidelines for commercial and office development within three subareas of the specific plan: General Commercial (GC), Village Commercial (VC) and Office/Professional (AP). The Barton Road specific plan, as adopted on January 11, 1990 and as may be amended thereafter, is made a part of this title in its entirety. (Ord. 148 § 1(part), 1994: Ord. 126 § 2, Exh. A(part), 1990) 18.20.030 Forest City Dillon specific plans (Phase I and Phase II). The Forest City Dillon specific plans as referenced are located along Mt. Vernon Avenue. They contain guidelines for multiple density residential development. The project consists of two specific plans for the two phased development. Phase I contains two hundred forty-eight units and Phase II three hundred eight units. The Forest City Dillon Phase I specific plan (SP-84-02) was approved in 1985 and Phase II specific plan (SP-87-01) was approved in 1988 and as may be amended, thereafter, is made a part of this title in its entirety. (Ord. 148 § 1(part), 1994) 18.20.040 Kruse specific plan. The Kruse specific plan as referenced is located on the top of Blue Mountain, end of Blue Mountain Road. It contains guidelines for residential development on the hillside as required. The guidelines specifically address accessory structures as they pertain to residential districts. The project contains microwave tower and satellite dishes with two accessory structures. The Kruse specific plan as adopted on December 10, 1992 and as may be amended, thereafter, is made a part of this title in its entirety. (Ord. 148 § 1(part), 1994) 18.20.040 The Gateway at Grand Terrace Specific Plan 01247.0005/999560.1 Ordinance No. ___ Page 7 of 9 The Gateway at Grand Terrace Specific Plan is an approximately 112-acre site that is generally located east of Interstate 215 and is bounded by Commerce Way and an existing commercial parking lot to the north, the northern portion of Grand Terrace High School to the south, commercial and residential uses to the east, and I-215 to the west. The Specific Plan guidelines provide the general framework for future development of a mixed-use development that would consist of the following: Approximately 43 acres of residential development (up to 695 dwelling units); approximately 25 acres of general commercial development (up to 335,700 square feet); development and/or improvement of drainage facilities, utilities, and public streets with enhanced landscaping; a park that includes a lighted baseball field with a tot-lot / playground; and a detention basin with open space overlay. The Gateway at Grand Terrace Specific Plan (SP 17-01) as adopted on August __, 2024 and as may be amended, thereafter, is made a part of this title in its entirety. (Ord. ___ , 2024)” SECTION 6. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase contained approved by this Ordinance, or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity of effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council of Grand Terrace hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases are declared unconstitutional, invalid, or ineffective. SECTION 7. First read at a regular meeting of the City Council held on the 23rd day of July 2024, and adopted the Ordinance after the second reading at a regular meeting held on the ____ day of August 2024. SECTION 8. Based upon the forgoing and all oral and written communications from members of the public and City staff (including, but not limited to, all oral and written staff reports and attachments) presented at the July 23, 2024, Public Hearing, the City Council hereby adopts Ordinance No. ___ approving Zone Change (ZC 17-02) and Zone Change Amendment (ZCA 24- 01) to add The Gateway at Grand Terrace Specific Plan (GSP) to Title 18 of the Municipal Code as outlines in the redlined Zoning Code Chapters attached as Exhibit A and the revised Zoning Map in Exhibit B, attached hereto. SECTION 9. 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 thirty (30) days after its final passage. APPROVED AND ADOPTED by the City Council of the City of Grand Terrace, California, at a regular meeting held on the ____ day of August 2024. Signatures on Following Page 01247.0005/999560.1 Ordinance No. ___ Page 8 of 9 __________________________ Mayor Bill Hussey ATTEST: Debra L. Thomas City Clerk APPROVED AS TO FORM: Adrian R. Guerra City Attorney 01247.0005/999560.1 Ordinance No. ___ Page 9 of 9 STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) SS. CITY OF GRAND TERRACE ) I Debra Thomas, City Clerk of the CITY OF GRAND TERRACE, CALIFORNIA, DO HEREBY CERTIFY that the foregoing Ordinance was duly passed, approved and adopted by the City Council at a regular meeting of said City Council held on the ___ day of August _____ 2024, and that and that it was adopted by the called vote as follows: AYES: NOES: ABSENT: ABSTAIN: RECUSE: Executed this ____ day of August 2024, at Grand Terrace, California. ___________________________ Debra L. Thomas City Clerk