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2019-05 RESOLUTION NO. 2019-05 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GRAND TERRACE RECOMMENDING THAT THE CITY COUNCIL ADOPT ZONING CODE AMENDMENT 18-01 AMENDING SECTION 18.10.040 OF CHAPTER 18.10 OF TITLE 18 OF THE GRAND TERRACE MUNICIPAL CODE WHEREAS, pursuant to Sections 65800 and 65850 of the California Government Code, the City may adopt ordinances to regulate the use of buildings, structures, and land as between industry, business, residences, and open space, and other purposes; to regulate the location, height, bulk, number of stories and size of buildings and structures, the size and use of lots, yards, courts and other open spaces, the percentage of a lot which may be occupied by a building or structure, and the intensity of land use; and to establish requirements for off-street parking, in compliance with the California Government Code; and WHEREAS, Chapter 18.10 (Residential Zones) requires the preparation of a Specific Plan for all proposed located within the Hillside Residential zone districts. Projects; and WHEREAS, Zoning Code Amendment 18-010 proposes to amend Section 18.10.040 (Site Development Standards) relating to the preparation of a specific plan; and WHEREAS, Zoning Code Amendment 18-01 is exempt from California Environmental Quality Act (CEQA) pursuant 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 environment. The project will not have a significant effect on the environment because the amendments only change administration procedures to the requirement of the specific plan; and WHEREAS, on April 18, 2019, the Planning Commission conducted a duly noticed public hearing on Zoning Code Amendment 18-01 at the Grand Terrace 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: 1. The Recitals set forth above are true and correct and incorporated herein by this reference. 2. Based upon the forgoing, oral and written testimony presented by members of the public and City staff (including reports and presentations made at the public hearing), the Planning Commission hereby finds that the General Plan Amendment 18-01 and Zoning Code Amendment 18-01 satisfies the requirements of CEQA because: a. 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 environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The proposed amendment will not create any significant effects on the environment; therefore, the activity is exempt from CEQA pursuant of section 15061. 2. Based upon the forgoing, oral and written testimony presented by members of the public and City staff (including reports and presentations made at the public hearing), the Planning Commission finds as follows with respect to Zoning Code Amendment 18-01: a. The proposed Zoning Code Amendment 18-01 will not be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing orworking within the neighborhood of the proposed amendment or injurious to property or improvements in the neighborhood or within the City because the amendment identifies the parameters by which a specific plan is not required, specifically lots that are one acre or less in size, that are served by existing infrastructure, have public access, and that can be provided with fire services. It is not justifiable to require a specific plan that meet these criteria and are not creating the potential impacts of lots without infrastructure, circulation, access or that create other impacts. b. The proposed Zoning Code amendment is consistent with the General Plan for which General Plan Amendment 18-01 has been filed to similarly amend the requirement for a specific plan. 3. Based upon the forgoing, oral and written testimony presented by members of the public and City staff (including reports and presentations made at the public hearing), this Commission hereby recommends that the City Council adopt Zoning Code Amendment 18-01, attached hereto as Exhibits 1. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Grand Terrace, California, at a regular meeting held on the 18s`day of April 2019. Debra L. Thomas Tom Comstock City Clerk Chairman 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 Resolution, being Resolution No. 2019-05 was duly passed, approved and adopted by the Planning Commission, approved and signed by the Chairman, and attested by the City Clerk, at the regular meeting of said Planning Commission held on the 181h day of April 2019, and that the same was passed and adopted by the following vote: AYES: Commissioners Briggs, McConnell, Giroux; Vice-Chair Cesena; Chairman Comstock NOES: None. ABSENT: None. ABSTAIN: None. Executed this 19t" day of April 2019, at Grand Terrace, California. r ebra L. Thomas City Clerk [SEAL] Exhibit 1 Zoning Code Amendment 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 services can be readily provided. Such specific plan shall establish site development standards on a project by project basis in consideration of the existing topography and other physical constraints. The specific plan shall not create a density greater 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 environment.