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325 ORDINA CE NO. 325 AN ORDINANCE OF THE CITY OUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, FINDIN THAT THIS ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIRO MENTAL QUALITY ACT PURSUANT TO SECTION 15061(b)(3) AND Ah ENDING TITLE 18 (ZONING) OF THE GRAND TERRACE MUNICIPAL CODE BY AMENDING SECTION 18.10.040 OF CHAPTER 18.10 (RESIDENTIAL ZONES) ELIMINATING THE SPECIFIC PLAN REQUIREM NT FOR CERTAIN DEVELOPMENTS IN THE HILLSIDE RESIDENTIAL ONE DISTRICT WHEREAS, the City of Grand Terr ce ("City") adopted a zoning code, which has been amended from time to time; and WHEREAS, Chapter 18.10 (Resi ential Zones) requires the preparation of a Specific Plan for all proposed developme t located within the Hillside Residential zone district; and WHEREAS, Zoning Code Amen ment 18-01 . proposes to amend Section 18.10.040 (Site Development Standards) f Chapter 18.10 (Residential Zones) relating .to the preparation of a specific plan; specifically, a specific plan shall not be required for existing parcels that are one acre or I ss in size, are readily served by existing infrastructure, have public access, and fir services can be readily provided; and WHEREAS, state law requires that the City's Zoning Code (Title 18 of the Grand Terrace Municipal Code) conform with the General Plan's goals and policies. WHEREAS, pursuant to Sections 6 800 and 65850 of the California Government Code, the City may adopt ordinances to egulate the use of buildings, structures, and land as between industry, business, residences, and open space, and other purposes; to regulate the location, height,. bulk, n mber of stories and size of buildings. and structures, the size and use of lots, yards, .ourts and other open spaces, the percentage of a lot which may be, occupied by a build ng or structure, and the intensity of land use; and to establish requirements for off-strE et parking, in compliance with the California Government Code. WHEREAS, Zoning Code Amendment 18-01 is exempt from California Environmental Quality Act (CEQA) pursu nt to Section 15061(b)(3) in that the activity is covered by the general rule that CEQA applies only to projects, which have the potential for causing a significant effect on the envi onment. The project will not have a significant effect on . the environment because th amendments only change administration .procedures to the,requirement of the spe ific plan; and WHEREAS, on April 18, 2019, t e Planning Commission of the City of Grand Terrace conducted a.duly noticed public h aring on Zoning Code Amendment 18-01 at the Grand Terrace City Hall Council Ch mbers located 22795 ,Barton Road, Grand Terrace, California 92313 and conclude the hearing by voting to recommend City Council approval; and WHEREAS, on May 14, 2019, th City Council of the City of Grand Terrace conducted a duly noticed public hearing on Zoning Code Amendment 18-01 at the Grand Terrace City Hall Council Chambers loc ted 22795 Barton Road and concluded the hearing on said date; and WHEREAS, all legal prerequisites t the adoption of this Ordinance have occurred. NOW THEREFORE, THE CITY C UNCIL OF THE CITY GRAND TERRACE. DOES ORDAIN AS FOLLOWS: SECTION 1 The City Council here y specifically finds-that all the facts set forth in the above Recitals, are true and correct nd are incorporated herein as findings of the City Council. SECTION 2. The City Council hereby finds that the Project is .not subject to environmental review pursuant to Section 15061(b)(3) of Title 14 the California Code of' .Regulations because the amendments only amend administrative procedures for the requirement of a specific plan. SECTION 3. Based on substantial vidence presented to the City Council during the public hearing, including public testim ny, and written and oral staff reports, the City Council specifically finds as follows with r gard to Zoning Code Amendment 18-01: a. Zoning Code Amendment 1 -01 will not be detrimental to the health, safety, morals, comfort,-or general elfare of the persons residing or working within the neighborhood of the pr posed amendment or injurious to property or improvements in the nei hborhood or within the City because the amendment identifies the arameters by which a specific plan is not required, specifically lots th t are one acre or less in size, that are served by existing infrastructure h ve public access, and that can be provided j with fire services. It is not us ifiable to require a specific plan that meet these criteria and are not cre ting the potential impacts of lots without infrastructure, circulation, a cess or that create other impacts. b. The proposed Zoning Code mendment is consistent with the General Plan for which General Plan Ame dment 18-01 has been filed to similarly amend the requirement for a specifi plan. SECTION 4. Section 18.10.040 (S to Development Standards), Table 18.10.040, Footnote (a) of Chapter 18.10 (Reside tial Zones) of Title 18 of the Grand Terrace Municipal Code is amended as contain d in attached Exhibit 1 of this ordinance and incorporated herein by reference. SECTION 5. Inconsistencies. 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 affect the provisions of this Ordinance. SECTION 6. Severability. Should a y provision of this Ordinance, or its application to any person or circumstance, be determ ned 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 ap lication of this Ordinance to any other person or circumstance and, to that end, the pro isions hereof are severable. The City.Council of the City of Grand Terrace declares that t would have adopted all the.provisions of this ordinance that remain valid if any provisions of this ordinance are declared invalid. SECTION 7. Effective Date. This Ordinance shall become effective thirty (30) days from and after its adoption. SECTION 8. Certification. 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 by the City Council of the City of Grand Terrace at a regular meeting held on the.2 th day of May 2019. D r McNabo , Mayor ATTEST: ebra L. Thomas, City Clerk APPROVED AS TO FOR Adrian R. Guerra City Attorney Ex ibit 1 Zoning Code mendment 18-01 SECTION 18.10.040 (SITE DEVELOPMENT STANDARDS), TABLE 18.10.040, FOOTNOTE (a) IS REVISED AS FOLLOWS: A specific plan shall be required for all proposed projects(including tentative parcel or tract maps) which include any property located within this district, except that a specific plan shall not be !a. required for existing parcels that are one acre or less in size are readily served by existing infrastructure have public access and fire s rvices can.be readily provided. Such a--specific plan shall establish site development standards on a project by project basis in consideration of the existing topography and other physical constraints. i The specific plan shall not create a density grc ater than one dwelling unit per gross acre and shall be consistent with the city,'s general plan.The specific plan may consider a clustered development concept in order to preserve large areas of open space and minimize the project's impact on the physical E en vironment. 1 STATE OF.CALIFORNIA ) COUNTY OF SAN BERNARDINO ) CITY OF GRAND TERRACE ) I Debra L. Thomas, City Clerk of the CITY OF GRAND TERRACE, CALIFORNIA, DO HEREBY CERTIFY .that the' foregoing Ordinance, being Ordinance No. 325 was duly passed, approved and adopted byte City. Council, approved and signed by the Mayor, and attested by the City Clerk, at 1he regular meeting of said City Council held on the 28th day of May 2019, and that the same was passed and adopted by the following vote: AYES: .Council Members Allen, Hussey, Robles; Mayor McNaboe NOES: Mayor Pro Tern Wilso ABSENT: None. ABSTAIN: None. Executed this 13th day of March 201 , at Grand Terrace, California. ebra L. Thomas = _ City Clerk [SEAL] l