2010-06 RESOLUTION NO. NO. 2010- 06
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
GRAND TERRACE, COUNTY OF SAN BERNARDINO, STATE OF
CALIFORNIA RECOMMENDING THAT THE CITY COUNCIL
APPROVE ZONE CHANGE 10-01 TO ADD THE FLOODPLAIN
OVERLAY DISTRICT AND AGRICULTURAL OVERLAY DISTRICT
TO 14 ACRES OF LAND IN THE INDUSTRIAL ZONE DISTRICT AND
TO ADD CHAPTER 18.77 ENTITLED TRANSITIONAL RESIDENTIAL
USES AND STRUCTURES TO TITLE 18 OF THE GRAND TERRACE
MUNICIPAL CODE
WHEREAS, on April 27, 2010, the City Council adopted Resolution No. 2010-10
adopting the Grand Terrace General Plan.
WHEREAS, the General Plan Land Use Map contained in the Land Use Element
designates land as Floodplain Industrial. Properties with this designation experience the potential
for severe flooding resulting from their proximity to the Santa Ana River, and the Land Use
Element states that "...parcels within this area are largely undeveloped or developed as rural
residential land uses. It is anticipated that buildout of this area will occur over a long period of
time. During this buildout period, existing residential uses shall be permitted and regulated
under the requirements of the Low Density Residential land use designation. Light agricultural
f uses shall be permitted including the keeping of animals with the approval of an Agricultural
' Overlay zoning designation".
WHEREAS, within the Floodplain Industrial designation are three occupied residential
uses.
WHEREAS,the Project, as contemplated,proposes to change the Zoning Map to add the
Floodplain Overlay District and Agricultural Overlay District to approximately 14 acres of land
and to add Chapter 18.17 entitled "Transitional Residential Uses and Structures" to Title 18 of
the Grand Terrace Municipal Code to regulate the continue use of the residential uses as the area
transitions, overtime, to industrial uses
WHEREAS, pursuant to Sections 65800 and 65850 of the California Government Code,
the City may adopt ordinances to regulate the use of buildings, structures, and land as between
industry, business, residences, and open space, and other purposes; to regulate the location,
height, bulk, number of stories and size of buildings and structures, the size and use of lots,
yards, courts and other open spaces, the_percentage of a lot which may be occupied by a building
or structure, and the intensity of land use; and to establish requirements for off-street parking, in
compliance with the California Government Code.
WHEREAS, the Project is not subject to the California Environmental Quality Act
(CEQA)pursuant to Section 15060(c)(2)which states that activities that will not result in a direct
or reasonably foreseeable indirect physical change in the environment is not subject to CEQA
because the zoning overlay and establishment of provisions for transitional residential uses does
not result in any direct or reasonably foreseeable impact to the environment.
WHEREAS, on June 3, 2010, the Planning Commission of the City of Grand Terrace
conducted a duly noticed public hearing on the Project at the Grand Terrace City Hall Council
Chambers located 22795 Barton Road and concluded the hearing on that date.
WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.
NOW THEREFORE,it is hereby found, determined, and resolved by the Planning Commission
of the City of Grand Terrace, as follows
1. The Planning Commission hereby specifically finds that all of the facts set forth in the
above Recitals, are true and correct.
2. The Planning Commission hereby finds that the Project is not subject to environmental
review pursuant to Section 15060(c)(2) of CEQA.
3. Based on substantial evidence presented to the Planning Commission during the June 3,
2010, public hearing, including public testimony, and written and oral staff reports, the
Planning Commission specifically finds as follows with regard to Zone Change 10-01:
_ a. Zone Change 10-01 will not be detrimental to the health, safety, morals, comfort
l or general welfare of the persons residing or working within the neighborhood of
the proposed amendment or within the city because the underlying Industrial
zoning district will remain, the addition of the Floodplain Overlay District is
consistent with adopted FEMA maps, the addition of the Agricultural Overlay
District will allow the keeping of animals which has historically occurred in the
Project Area, and new Chapter 18.77 will recognize the existing residences and
allow them to be regulated under single family residential provisions. Therefore,
no aspect of the Project will be detrimental to public health and safety.
b. Zone Change 10-01 will not be injurious to property or improvements in the
neighborhood or within the city because it will not preclude the continued use
and/or development of surrounding properties.
C. Zone Change 10-010 is consistent with the latest adopted General Plan because
the General Plan Land Use Map designates the subject area as Floodplain
Industrial and Exhibit 5-2 of the Public Health and Safety Element identifies the
Project area as subject to flood hazards. Table 2.3 of the Land Use Element
specifically states that "...existing residential uses shall be permitted and
regulated under the requirements of the Low Density Residential land use
designation..." and that "light agricultural uses shall be permitted including the
keeping of animals with the approval of an Agricultural Overlay zoning
designation".
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4. Based on the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this
t� Commission hereby recommends that the City Council find the Project exempt from
CEQA.
5. The Planning Commission hereby further recommends that the City Council amend the
Zoning Map to add the Floodplain Overlay District and Agricultural Overlay District to
the property shown on Exhibit 1 and attached hereto; and amend the Zoning Code to add
Chapter 18.77 to Title 18 of the Grand Terrace Municipal Code as described in Exhibit 2
attached hereto.
6. The City Clerk of the City of Grand Terrace shall certify to the adoption of this
Resolution.
PASSED AND ADOPTED by the Planning Commission of the City of Grand Terrace,
California, at a regular meeting held on the 3rd day of June, 2010.
AYES: Commissioners,Comstock, McNaboe_.and Bh⩽ Vice-Chairman Addington
NOES: None
ABSENT: Chairman Wilson
ABSTAIN: None
ATTEST:
I z// __')
Brenda Mesa #attAddingnCity Clerk rman,Planning Commission
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Exhibit 1
- ZONE CHANGE 10-01
ASSESSOR PARCEL NUMBERS 0275-191-01, 0275-191-02,
0275-191-03, 0275-191-32, 0275-191-58, AND 0275-191-43.
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Page 4 of 5
Exhibit 2
CHAPTER 18.77 TRANSITIONAL RESIDENTIAL USES AND STRUCTURES
Chapter 18.77
Transitional Residential Uses and Structures
Sections:
18.77.010 Purpose
18.77.020 Transitional Residential Uses Located in the Floodplain Overlay District
Section 18.77.010 Purpose
The purpose of this chapter is to regulate the continued use and operation of existing residential
uses and structures located in the Floodplain Overlay District that were legally occupied as
residential uses prior to the adoption of this ordinance.
Section 18.77.020 Transitional Residential Uses Located in the Floodplain Overlay
District
A. Transitional residential uses and structures located in the Floodplain Overlay District for
which applicable permits were properly obtained and occupied by a legal residential use
established prior to the adoption of this ordinance may continue to operate and be occupied for
residential purposes in accordance with the provisions for the R1-10, Low Density Single Family
Residential District contained in Chapter 18.10 RH, Rl, R2 and R3 Residential Districts.
B. Transitional residential structures for which applicable permits were obtained prior to
adoption of this ordinance that were occupied by a legal residential use may be altered and/or
expanded in accordance with the provisions for the R1-10, Low Density Single Family
Residential District contained in Chapter 18.10 RH, Rl, R2 and R3 Residential Districts and
applicable regulations of the Grand Terrace Municipal Code.
C. Transitional residential structures for which applicable permits were obtained prior to
adoption of this ordinance that were occupied by a residential use that are damaged or destroyed
may be rebuilt in accordance with the provisions for the R1-10, Low Density Single Family
Residential District contained in Chapter 18.10 RH, Rl, R2 and R3 Residential Districts. The
rebuilding of a damaged or destroyed structure shall comply with the requirements of the
Uniform Building Code, or any other health or safety requirements imposed by local, state, or
federal law or regulation in effect at the time of rebuilding.
D. Any interpretation of the provisions of this section shall be heard and resolved by the
Planning Commission, subject to appeal to the City Council.
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