327 ORDINANCE NO. 327
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA, FINDING THE ORDINANCE EXEMPT FROM
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND AMENDING
TITLE 17 (SUBDIVISIONS) AND TITLE 18 (ZONING) OF THE GRAND
TERRACE MUNICIPAL CODE TO ESTABLISH MINIMUM PUBLIC
HEARING NOTIFICATION REQUIREMENTS ON CERTAIN
DEVELOPMENT RELATED PROJECT.
WHEREAS, the City of Grand Terrace ("City") adopted a zoning code, which has
been amended from time to time; and
WHEREAS, this ordinance proposes to amend Title 18 (Zoning) and Title 1.7
(Subdivisions) of the Grand Terrace Municipal Code to increase the current public
noticing requirements for planning applications, beyond the State of California standard;
and
WHEREAS, the public noticing requirements of the Grand Terrace Municipal Code
are compliant with the minimum notification requirements pursuant of the State of
California Government Code Sections 65090 and 65091; and
WHEREAS, pursuant to Sections 65090 (a) of the California Government Code,
public hearings shall be published in at least one newspaper of general circulation within
the jurisdiction of local agency which is conducting the proceeding at least 10 days prior
to the hearing, or if there is no such newspaper of general circulation, the notice shall be
posted at least 10 days prior to the hearing in at least three public places within the
jurisdiction of the local agency; and
WHEREAS, pursuant to Section 65090 (c) of the California Government Code, in
addition to Section 65090 (a), a local agency may give notice of the hearing in any other
manner it deems necessary or desirable; and
WHEREAS, this proposed ordinance 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 proposed amendment will not have any
effects on the environment because the proposed amendment only changes
administration procedures relative to public hearing notification requirements; and
WHEREAS, on September 19, 2019, the Planning Commission of the City of
Grand Terrace conducted a duly noticed public hearing on Zoning Code Amendment 19-
01 at the Grand Terrace City Hall Council Chambers located 22795 Barton Road, Grand
Terrace, California 92313 and concluded the hearing by voting to recommend City
Council approval; and
WHEREAS, on October 8, 2019, the City Council of the City of Grand Terrace
conducted a duly noticed public hearing on the Ordinance at the Grand Terrace City Hall
Council Chambers located 22795 Barton Road and concluded the hearing on said date.
WHEREAS, all legal prerequisites 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 hereby specifically finds that all the facts set forth in
the above Recitals, are true and correct and are incorporated herein as findings of the
City Council.
SECTION 2. The City Council hereby finds that this ordinance is exempt from
California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3), because
the proposed amendment only changes administration procedures relative to public
hearing notification requirements.
SECTION 3. Based on substantial evidence presented to the City Council during
the public hearing, including public testimony, and written and oral staff reports, the City
Council specifically finds as follows regarding Zoning Code Amendment 19-01:
a. Zoning Code Amendment 19-01 will not be detrimental to the health, safety,
morals, comfort, or general welfare of the persons residing or working within
the neighborhood of the proposed amendment or injurious to property or
improvements in the neighborhood or within the City because the
amendment changes only administrative procedures by expanding the
minimum public hearing notification requirements. The proposed expanded
public notice requirements will remain compliant with the California
Government Code. The expanded noticing requirements will increase
community awareness of development related projects and encourages
more public participation in the planning, development, and decision-
making process.
b. Zoning Code Amendment 19-01 is consistent with the latest adopted
General Plan; because the expanded public noticing requirements are
consistent with the minimum notification requirements by the California
Government Code.
SECTION 4. Title 17 (Subdivisions) and Title 18 (Zoning) of the Grand Terrace
Municipal Code are hereby amended as contained in Exhibit 1 and Exhibit 2 attached
hereto 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.
Ordinance No. 327 Page 2 of 12 October 22, 2019
SECTION 6. Severability. 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. Effective Date. This ordinance shall become effective thirty (30) days
from and after its adoption.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Grand
Terrace at a regular meeting held on the 22"d day of October 2019.
7�� - -
Da►ti--M�cIV�e Wyor
ATTEST:
De ra L. Thomas,"City Clerk
APPROVED AS TO FORM:
Adrian R. Guerra
City Attorney
Ordinance No. 327 Page 3 of 12 October 22, 2019
EXHIBIT 1
TITLE 17 SUBDIVISIONS
Section 17.04.100 (Public hearing notice) of Chapter 17.04 (General Provisions) of
Title 17 (Subdivisions) of the Grand Terrace Municipal Code is amended as follows:
Section 17.04.100 (Public hearing notice)
Whenever a public hearing is held pursuant to this Title, notice of hearing shall be in
accordance with California Government Code Section 66451.3. The notice of hearina shall also
comply with the followina requirements:
Lot Size of the Proiect Mailing Notification Publications in Local
Site Radius Newspaper
Less than 5 acres 500 feet Leqal advertisement
5 to 9.99 acres 1,000 feet 1/8 page box
advertisement
10 acres or more 1,500 feet 1/8 page box
advertisement
Section 17.16.060.A(4) (Tentative map review and distribution procedure) of
Chapter 17.16 (Tentative maps) of Title 17 (Subdivision) of the Grand Terrace
Municipal Code is amended as follows:
Section 17.16.060.A(4)
4. Public Hearing and Notification. Public hearing notification shall take place in
the manner set forth in California Government Code Section 65090 and 65091
and with Section 17.04.100 (Public hearina notice) of Chapter 17.04 (General
Provisions).
Section 17.24.060.A (Findings) of Chapter 17.24 (Common interest development
conversions) of Title 17 (Subdivisions) of the Grand Terrace Municipal Code is
amended as follows:
Section 17.24.060.A
A. Prior to approval of the tentative map and development application, the
Planning Commission shall hold a public hearing. Notice of the hearing shall be
given in accordance with California Government Code Section 65090 and with
Section 17.04.100 (Public hearina notice) of Chapter 17.04 (General Provisions).
A copy of any staff report shall be served by the developer on each tenant of the
subject property at least three days prior to the hearing, either by personal service
or by posting the report on the front door of the unit and mailing it to the tenant.
Ordinance No. 327 Page 4 of 12 October 22, 2019
The Planning Commission shall not approve a tentative map for conversion of
apartment units unless the Planning Commission finds that:
Section 17.40.050 (Proceedings before the City Council) of Chapter 17.40
(Reversion to acreage)of the Grand Terrace Municipal Code is amended as follows:
Section 17.40.050
A public hearing on the proposed reversion to acreage shall be held before the
City Council pursuant to California Government Code Section 66451.3 and with
Section 17.04.100 (Public hearing notice) of Chapter 17.04 (General Provisions).
Section 17.56.030.0 (Supplemental improvement capacity) of Chapter 17.56
(Improvements) of the Grand Terrace Municipal Code is amended as follows:
Section 17.56.030.0
C. No charge, area of benefit or local benefit district shall be established unless
and until a public hearing is noticed and held thereon by the City Council at which
time the boundaries of the area of benefit, the costs, whether actual or estimated,
and a fair method of allocation of costs to the area of benefit and fee
apportionment, and the fee to be collected, shall be established. Notice of the
public hearing shall be given pursuant to Sections 65090 and 65091 of the
California Government Code and shall include preliminary information related to
the boundaries of the area of benefit, estimated cost and the method of fee
apportionment. Notice of public hearina shall also be in accordance with Section
17.04.100 (Public hearing notice) of Chapter 17.04 (General Provisions).
Ordinance No. 327 Page 5 of 12 October 22, 2019
EXHIBIT 2
ZONING
A new Section, Section 18.03.070 (Public hearing notice) of Chapter 18.03 (General
provisions) of Title 18 (Zoning) of the Grand Terrace Municipal Code is hereby
added to read as follows:
Section 18.03.070
Whenever a public hearina is held pursuant to this Title. notice of hearina shall
be in accordance with California Government Code Section 65090 and Section
65091. The notice of hearina shall also comply with the followina requirements:
Lot Size of the Mailing Publications in
Proiect Site Notification Local
Radius Newspaper
Less than 5 500 feet Legal
acres advertisement
5 to 9.99 acres 1,000 feet 1/8 paae box
advertisement
10 acres or more 1,500 feet 1/8 paae box
advertisement
Section 18.63.050 (Public hearing) of Chapter 18.63 (Site and architectural review)
of Title 18 (Zoning) of the Grand Terrace Municipal Code is amended as follows:
Section 18.63.050
The site and architectural review board shall hold a public hearing on any
proposed site and architectural review application and shall notice said hearing
in accordance with Section 65091 of the California Government Code, and with
Section 18.03.070 (Public hearina notice) of Chapter 18.03 (General Provisions).
Ordinance No. 327 Page 6 of 12 October 22, 2019
Section 18.63.070.13 (Appeal process) of Chapter 18.63 (Site and architectural
review) of Title 18 (Zoning) of the Grand Terrace Municipal Code is amended as
follows:
Section 18.63.070.B
B. After accepting an application for appeal, the city clerk shall set a date for the
city council to hear the appeal. Notices of the appeal shall be given to the applicant,
the site and architectural review board and the appellant. The notice shall also be
provided in accordance with Section 18.63.050 (Public hearing) of Chapter 18.63
(Site and architectural review).
Section 18.68.100.0 (Appeals) of Chapter 18.68 (Reasonable accommodations) of
Title 18 (Zoning) of the Grand Terrace Municipal Code is amended as follows:
Section 18.68.100.0
C. The Planning Commission shall hold a public hearing on the appeal. Notice of
the public hearing shall be provided in accordance with Section 18.03.070 (Public
hearinq notice) of Chapter 18.03 (General Provisions). The decision of the
Planning Commission shall be final. A written decision of the Planning Commission
or Accessibility Standards Board of Appeals shall be mailed to the appealing party
within ten days of the appeal hearing.
Section 18.72.080.0 (Reasonable accommodations hearing) of Chapter 18.72
(Amateur ("HAM") radio antennas) of Title 18 (Zoning) of the Grand Terrace
Municipal code is amended as follows:
Section 18.72.080.0
C.Notice of the public hearing, to this SeGti ^, shall be provided, by first-
class mail, to all property owners
pursuant of Section 18.03.070 (Public hearing notice) of Chapter 18.03 (General
Provisions).
Ordinance No. 327 Page 7 of 12 October 22, 2019
Section 18.83.040 (Public hearing) of Chapter 18.83 (Conditional use permits) of
Title 18 (Zoning) of the Grand Terrace Municipal Code is amended as follows:
Section 18.83.040
The planning commission shall hold a public hearing on any proposed conditional
use permit and shall notice said hearing in accordance with Section 65091 of the
California Government Code and with Section 18.03.070 (Public hearing notice)
of Chapter 18.03 (General Provisions).
Section 18.83.060.13 (Appeal process) of Chapter 18.83 (Conditional use permits) of
Title 18 (Zoning) of the Grand Terrace Municipal Code is amended as follows:
Section 18.83.060.13
B. After accepting an application for appeal, the city clerk shall set a date for the
city council to hear the appeal. Notices of the appeal shall be given to the applicant,
the planning commission and the appellant. The notice shall also be provided in
accordance with Section 18.83.040 (Public hearing) of Chapter 18.83 (Conditional
use permit).
Section 18.83.080 (Revocation) of Chapter 18.83 (Conditional Use permits) of Title
18 (Zoning) of the Grand Terrace Municipal Code is amended as follows:
Section 18.83.080
Any conditional use permit granted in accordance with this title may be revoked if
any of the following actions occur:
A. Any violation of a conditional use permit's required condition of approval;
B. Any federal, state or local law or ordinance is violated in connection with a
conditionally permitted use.
The planning commission shall hold a public hearing to consider the proposed
revocation. Said hearing shall be noticed in accordance with Section 65091 of the
California Government Code and with Section 18.03.070 (Public hearina notice)
of Chapter 18.03 (General Provisions). After conducting the public hearing, the
planning commission shall make a recommendation to the city council regarding
revocation of the conditionally permitted use. After receiving the planning
commission's recommendation, the city council shall conduct its own public
hearing and make a final determination to revoke, amend or leave unchanged the
subject conditional use permit.
Ordinance No. 327 Page 8 of 12 October 22, 2019
Section 18.84.110 (Revocation) of Chapter 18.84 (Administrative conditional use
permit) of Title 18 (Zoning) of the Grand Terrace Municipal Code is amended as
follows:
Section 18.84.110
Any administrative use permit granted in accordance with this title may be revoked if any of
the following actions occur:
A. Any violation of an administrative conditional use permit's required
condition of approval.
B. Any federal, state or local law or ordinance is violated in connection with
an administratively conditionally permitted use.
The planning commission shall hold a public hearing to consider the proposed
revocation. Said hearing shall be noticed in accordance with Section 65091 of
the California Government Code and with Section 18.03.070 (Public hearing
notice) of Chapter 18.03 (General Provisions). After conducting the public
hearing, the planning commission shall make a recommendation to the city
council regarding the revocation of the administrative conditionally permitted
use. After receiving the planning commission's recommendation, the city
council shall conduct its own public hearing and make a final determination to
revoke, amend or leave unchanged the subject administrative conditional use
permit.
Section 18.86.040 (Public hearing) of Chapter 18.86 (Variances) of Title 18 (Zoning)
of the Grand Terrace Municipal Code is amended as follows:
Section 18.86.040
The planning commission shall hold a public hearing on any proposed variance
and shall notice said hearing in accordance with Section 65091 of the California
Government Code and with Section 18.03.070 (Public hearing notice) of Chapter
18.03 (General Provisions).
Ordinance No. 327 Page 9 of 12 October 22, 2019
Section 18.86.060.13 (Appeal process) of Chapter 18.86 (Variances) of Title 18
(Zoning) of the Grand Terrace Municipal Code is amended as follows:
Section 18.86.060.13
B. After accepting an application for appeal, the city clerk shall set a date for the
city council to hear the appeal. Notices of the appeal shall be given to the applicant,
the planning commission and the appellant. The notice shall be provided in
accordance with Section 18.86.040 (Public hearing) of Chapter 18.86 (Variances).
Section 18.86.080 (Revocation) of Chapter 18.86 (Variances) of Title 18 (Zoning) of
the Grand Terrace Municipal Code is amended as follows:
Section 18.86.080
Any variance granted in accordance with this title may be revoked if any of the
following actions occur.
A. Any violation of a condition of approval required for the variance;
B. Any federal, state or local law or ordinance is violated in connection with a variance.
The planning commission shall hold a public hearing to consider the proposed revocation.
Said hearing shall be noticed in accordance with Section 65091 of the California Government
Code and with Section 18.03.070 (Public hearing notice) of Chapter 18.03 (General Provisions).
After conducting the public hearing, the planning commission shall make a recommendation to
the city council regarding revocation of the variance. After receiving the planning commission's
recommendation, the city council shall conduct its own public hearing and make a final
determination to revoke, amend or leave unchanged the subject variance.
Section 18.89.080 (Revocation) of Chapter 18.89 (Minor Deviations) of Title 18
(Zoning) of the Grand Terrace Municipal Code is amended as follows:
Section 18.89.080
Any minor deviation granted in accordance with this title may be revoked if any
of the following actions occur:
Ordinance No. 327 Page 10 of 12 October 22, 2019
A. Any violation of a condition of approval required for the minor deviation.
B. Any federal, state or local law or ordinance is violated in connection with
permitted minor deviation.
The planning commission shall hold a public hearing to consider the proposed
revocation. Said hearing shall be noticed in accordance with Section 65091 of
the California Government Code and with Section 18.03.070 (Public hearina
notice) of Chapter 18.03 (General Provisions). After conducting the public
hearing, the planning commission shall make a recommendation to the city
council regarding revocation of the minor deviation. After receiving the planning
commission's recommendation, the city council shall conduct its own public
hearing and make a final determination to revoke, amend or leave unchanged
the subject minor deviation.
Section 18.90.040 (Planning commission public hearing and recommendations) of
Chapter 18.90 (Amendments) of Title 18 (Zoning) of the Grand Terrace Municipal
Code is amended as follows:
Section 18.90.040
The planning commission shall hold a public hearing on any proposed
amendment and shall notice said hearing in accordance with Sections 65090 and
65091 of the California Government Code and with Section 18.03.070 (Public
hearinci notice) of Chapter 18.03 (General Provisions).
The planning commission, after examination of the proposed amendment, shall make its
recommendation to the city council. The planning commission shall recommend approval only if
it finds:
A. The proposed amendment will not be:
1. Detrimental to the health, safety, morals, comfort or general
welfare of the persons residing or working within the neighborhood of the
proposed amendment or within the city; or
2. Injurious to property or improvements in the neighborhood or
within the city;
B. The proposed amendment will be consistent with the latest adopted
general plan.
Section 18.90.050.A (City Council public hearing and approval) of Chapter 18.90
(Amendments) of Title 18 (Zoning) of the Grand Terrace Municipal code is amended
as follows:
Ordinance No. 327 Page 11 of 12 October 22, 2019
Section 18.90.050.A
A. If the planning commission's recommendation is for approval, the city council
shall hold a public hearing on the proposed amendment. Said public hearing shall
be noticed in accordance with Sections 65090 and 65091 of the California
Government Code and with Section 18.03.070 (Public hearing notice) of Chapter
18.03 (General Provisions). After conducting a public hearing, the city council
may approve, modify or disapprove the recommendation of the planning
commission, provided that any modification of the proposed amendment by the
city council not previously considered by the planning commission during its
hearing, shall first be referred back to the planning commission for its
consideration and recommendation. Such consideration resulting from a city
council referral shall require a public hearing. Failure by the planning commission
to report to the city council on the proposed modification within forty days, or such
longer period as the city council may designate, shall be deemed an approval of
the proposed modification by the planning commission.
Ordinance No. 327 Page 12 of 12 October 22, 2019
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. 327 was
duly passed, approved and adopted by the City Council, approved and signed by the
Mayor, and attested by the City Clerk, at the regular meeting of said City Council held
on the 22"d day of October 2019, and that the same was passed and adopted by the
following vote:
AYES: Council Members Allen, Hussey; Mayor Pro Tern Wilson; Mayor
McNaboe
NOES: None.
ABSENT: Council Member Robles
ABSTAIN: None.
Executed this 24th day of October 2019, at Grand Terrace, California.
Debra L. Thomas
City Clerk
[SEAL]