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154 r ORDINANCE NO. 154 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE ADOPTING GENERAL PLAN LANDUSE AMENDMENT, GP-95-01 ,AND ASSOCIATED NEGATIVE DECLARATION, E-95-03,FOR CONSISTENCY WITH THE ADULT BUSINESS ORDINANCE TO ALLOW ADULT BUSINESSES IN PORTIONS OF THE GENERAL COMMERCIAL AND INDUSTRIAL DISTRICTS. WHEREAS, on January 19, 1995 and February 16, 1995, the Planning Commission reviewed and recommended approval of the Zoning Amendment/Adult Business Ordinance to the City Council; and WHEREAS, the City Council held a properly noticed public hearing and approved the Zoning Amendment and Adult Business Ordinance on March 9, 1995 with second reading on March 23, 1995; J WHEREAS, one item remained to complete the ordinance approval process which was to make all of the codes consistent with the Adult Business Ordinance; and WHEREAS, this requires a General Plan Amendment of the Land Use Element to allow entertainment/Adult Business uses in portions of the General Commercial (GC) and Indistrial (I) Districts; and WHEREAS, the proposed amendment will not pose a detriment to the aesthetic value of our commercial area, residential. or industrial areas and to the general welfare of the citizens of Grand Terrace, nor significantly reduce the General Plan landuse for General Commercial and Industrial uses; and WHEREAS, the General Plan Landuse and Map Amendment (GP-95-01), set out in full in Attachment C (Figure VI-1, Exhibit A) and D includes modifications to the following sections of the General Plan: General Plan Land Use - Commercial and Industrial Section Page VI-9 GC, General Commercial use category. Page VI-10 Industrial use category Figure VI-1 Land Use Policy Map WHEREAS, in accordance with the provisions of the California Environmental Quality Act, a Negative Declaration (Attachment B) has been prepared for this project and this Negative Declaration has been considered by the Planning Commission and is hereby being approved by the City Council. WHEREAS, the Planning Commission held a properly noticed public hearing on April 6, 1995 to review this proposed General Plan Amendment and recommended approval to the City Council of the proposed General Plan Landuse/Map Amendment (GP- 95-01) and associated Negative Declaration (E-95-03) set out in full in the attached Attachment A, B, C (Figure VI-1, Exhibit A) and D , which amend the General Plan Land Use Element, portion of the General Commercial (GC) and Industrial (I) land use categories, pages VI-9 and VI-10. WHEREAS, the City Council held a properly noticed public hearing on April 13, 1995 and approved GP-95-01 and E-95-03; and NOW,THEREFORE,BE IT RESOLVED that by this amendment the General Plan brings it in conformance with the Adult Business Ordinance. NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA,DOES HEREBY ORDAIN AS FOLLOWS: Section 1: Proposed General Plan Land Use and Map Amendment, GP-95-01, are set out in full in Attachments A,B,C (Figure VI-1, Exhibit A) and D, are approved and adopted by the City Council. Section 2: The Negative Declaration (E-95-03) on file in the Community Development Department of the City of Grand Terrace, E-95-03, is hereby approved. Section 3: Effective Date: This Ordinance shall be in full force and effect at 12:01 a.m. on the 31st day of its adoption. Section 4: Posting: The City Clerk shall cause this Ordinance to be posted in three (3) public places within fifteen (15) days of its adoption, as designated for such purpose by the City Council. Section 5: First read at a regular meeting of the City Council of said City held on the 13th of April, 1995 and finally adopted and ordered posted at a regular meeting of said City Council on the 27th of April, 1995. ATTEST: City Clerk of the City--& Grand Terrace Mayor the City of Grand T rrace and of the City Council thereof and "e City Council thereof I, BRENDA STANFILL, City Clerk of the City of Grand Terrace, California, do hereby certify that the foregoing Ordinance was introduced and adopted at a regular meeting of the City Council of the City of Grand Terrace held on the 27th day of April, 1995, by the following vote: APES: Councilmembers Hilkey, Singley, and Buchanan; Mayor Pro Tem Carlstrom; Mayor Matteson NOES: None ABSENT: None ABSTAIN: None Brenda Stanfill City Clerk Approved as to form: a�,, John Harper, City Attorney fill PEW ��, -�ir■■r■nrn■n■:rrr1111rrrir r r 1 :- ' �C= � . �.WII\lll\ �� r �O%'���a ♦��♦ ��� �_._r �w ,��� I� 111111.0_ _u Re, RR OT mat■■. ■I�tltrel� IIIPrr� '��_�y' I�:'iyei■in■ ' uin■■oma all Mar m.:�■„n■■vnir■■r 11 "11■ ■�■nH �.Qlnlllll,� ■n■um■i-,-�■nu■■nni i ��/II I�rlt�\1■ ...r�� •• Wit_ M - MKIR .:��ir.ruvr■mr.�elle■���e1��� u■■■ n■■r lttQpOl ■ �■ �. 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Planning Commission FROM: Community Development Department SUBJECT: GP-95-01 and E-95-03,An application for environmental review and General Plan Landuse Amendment to allow adult business/entertainment uses in portions of General Commercial (GC) and Industrial District (1) for consistency with the Adult Business Ordinance. LOCATION: Designated areas within the City of Grand Terrace RECOMMENDATION: Approval of General Plan Landuse Amendment Ordinance (Attachment A)- and respective Negative Declaration as recommended by staff. ENVIRONMENTAL REVIEW Staff has completed an Initial.Study to evaluate the environmental impacts of the proposed project, General Plan Landuse Amendment. A Mitigated Negative Declaration is recommended for approval. (See Attachment B for Negative Declaration and discussion of responses). BACKGROUND The Planning Commission conducted a preliminary meeting on January 19, 1995 and a public hearing on February 16, 1995 and the City Council conducted public hearings on March 9, 1995 and March 23, 1995 for the review and consideration of proposed Adult Business Ordinance. The City Council approved the Zoning Amendment and Adult Business Ordinance. Attachment B 22795 Barton Road - Grand Terrace, California 92313-5295 • (909) 824-6621 The other item needed to complete the ordinance approval process, is a General Plan amendment to allow entertainment/Adult Business uses in the Industrial District (n and (- portions of the General Commerical District (GC) for consistency with the Adult Business Ordinance. DISCUSSION Attached are those sheets of the General Plan Landuse Map and General Plan Landuse Element amended, refer to Attachments C&D. RECONEVIENDATION: Staff feels satisfied with the ordinance as proposed and recommends the Planning Commission recommend' to the City Council approval of the General Plan Landuse Amendment,. associated .ordinance with attachments and related. Negative Declaration. Prepared by, Maria C. Muett, Associate Planner Respectfully Submitted; Patrizia Materassi, Community Development Director PM/MCM:mcm Attachments: —A —Ordinance Usa- Map D - Excerpts of General Plan to be Amended �1Ty upno TERR cE Community Development � • Department NEGATIVE DECLARATION Pursuant to the California Environmental Quality Act, a Negative Declaration is hereby filed on the below referenced project, on the basis that said project will not have a significant effect on the environment. DESCRIPTION OF THE PROJECT: GP-95-01 and E-95-0 3�An application for environmental review and amending the General Plan to allow entertainment uses in the industrial area for consistency with the Adult Entertainment Ordinance. APPLICANT: City of Grand Terrace LOCATION: Designated areas within the City of Grand Terrace FINDING OF NO SIGNIFICANT EFFECT: 'Based upon the attached Initial Study, there is no substantial evidence that the project will have a significant effect on the environment. Patrizia Materassi Date Community Development Director City of Grand Terrace Attachment B . 22795 Barton Road •Grand Terrace, California 92313-5295 • (909) 824-6621 CITY OF GRAND TERRACE PLANNING DEPARTMENT INITIAL ENVIRONMENTAL STUDY L Back=und L Name of Proponent: City- of Grand Terrace 2. Address and Phone Number of Proponent: City of Grand Terrace 22795 Barton Road. Grand Terrace CA 92324-5295 Attention:_ Patrizia Materassi Planning Director. 714-824 6621 3. Date of Environmental Assessment: ��-�,?D-qS 4. Agency Requiring Assessment: Q[ty of Grand Terrace Genera.( lalKawename.a►t ival f o�.Ja�.u�-usQ.d. S. Name of Proposal, if applicable: AD u LT axrmp Gk 1n1,4ei I 6. Location of Proposal: ciru�� . C9ND�srR/.4L) t-9S-Da-- II. Environmental Impacts (Explanations.of all 'des" and "maybe" answers are provided on attached sheets.) 1. Earth. Will proposal result in: Yes Maw No a. Unstable earth conditions or in changes in geologic substructures? X b. Disruptions, displacements, compaction or overcovering of this soil? X C. Substantial change in topography or ground surface relief features? 1 Yes Mae No - d. The destruction, covering or r _ modification of any unique geologic or physical features? N e. Any substantial increase in wind or water erosion of soils, X either on or off site? f. Changes in deposition or erosion of beach sands, or changes in situation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? X g. Exposure of people or property to geologic hazards such as earthquakes, landslides, mudslides, ground failure, or similar hazards? �( 2. Air. Will the proposal result in: a. Substantial air emissions or deterioration of ambient air quality? b. The creation of objectionable odors? C. Alteration of air movement, moisture or temperature, or any change in climate, whether locally or regionally? 3. Water. Will the proposal result in: a. Substantial changes in currents, or the course or direction of water movements, in either marine or fresh waters? �( 2 Yes Maybe No b. Substantial changes in absorption rates, drainage patterns, or the rate and amount of surface runoff. C. Alterations to the course or flow of flood waters? X d. Change-in the amount of surface water in any water body? e. Discharge into surface waters, or in any alteration of surface water quality, including, but not limited to, temperature, dissolved oxygen or turbidity? £ Alteration of the direction or X rate of flow of ground waters? g. Change.in the quantity of ground waters; either through direct � - additions or withdrawals, or through interception of an aquifer cuts or. excavations? X h. Substantial reduction in the amount of water otherwise available for public water supplies? X i. Exposure of people or property to water related hazards such as flooding or tidal waves? X 4. Plant Life. Will the proposal result in: a. Change in the diversity of species, or number of any native species of plants (including trees, shrubs, grass, crops and aquatic plants)? �� 3 Yes MaXbe No b. Reduction of the numbers of any unique, rare or endangered species of plants? X C. Introduction of new species of plants into an area of native vegetation, or in a barrier to the normal replenishment of existing X species? d. Substantial reduction in acreage v of any agricultural crop? X 5. Animal Life. Will the proposal result in: a. Change in the diversity of species, or numbers of any species of animals (birds, land animals including reptiles, fish and shellfish, benthic organisms or insects)? b. Reduction of the numbers of any `— unique, rare or endangered species of animals? x C. Deterioration to existing fish x or wildlife habitat? 6. Noise. Will the proposal result in: a. Increases in existing noise levels? �( b. Exposure of people to severe noise levels? 7. Light and Glare. Will the proposal produce substantial new light or glare? 8. Land Use. Will the proposal result in a substantial alteration of the present or planned land use of an area? _ 4 Yes Maybe No 9. Natural Resources. Will the proposal result in: a. Substantial increase in the rate of use of any natural resources? b. Substantial depletion of any X nonrenewable natural resource? 10. Risk of Upset. Will the proposal involve: a. A risk of an explosion or the release of hazardous substances (including, but not limited to, oil pesticides, chemicals or radiation) in the event of an accident or upset conditions? b. Possible interference with an emergency response plan or an emergency evacuation plan? X 11. Population. Will the proposal alter the location, distribution, density or growth rate of the human population of an area? 12. Housing. Will the:proposal affect - existing housing or create a demand for v additional housing? 13. Transportation/Circulation. Will the proposal result in: a. Generation of substantial additional vehicular movement? X b. Effects on existing parking facilities, or demand for new parking? C. Substantial impact upon existing transportation systems? 5 4 Yes Maybe No d. Alterations to present patterns of circulation or movement of people and/or goods? _x e. Alterations to waterborne, rail or air traffic? X f. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? 14. Public Services. Will the proposal have substantial effect upon, or result in a need for new or altered governmental services in any of the following areas: a. Fire protection? X b. Police protection? X c. Schools? X d. Parks or other- recreational facilities? X e. Maintenance of public facilities, X including roads? £ Other governmental services? 15. Energy. Will the proposal result in: a. Use of substantial amounts of fuel or energy? x b. Substantial increase in demand upon existing sources of energy, or require the development of new sources of energy? 16. Utilities. Will the proposal result in a need for new systems, or substantial alterations to the following utilities: �� 6 Yes Mae No a. Power or natural gas? ?S b. Communications systems? ?S C. Water? N d. Sewer or septic tanks? N e. Storm water drainage? n £ Solid waste and disposal? 17. Human Health. Will the proposal result in: a. Creation of any health hazard or potential health hazard (excluding mental health)? X b. Exposure of people to potential X hazards? 18. Aesthetics. Will the proposal result in the obstruction of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to public view? 19. Recreation. Will the proposal result in an impact upon the quality or quantity x of existing recreational opportunities? 20. Cultural Resources. a. Will the proposal result in the alteration of or the destruction of a prehistoric or historic archaeological site? 1� 7 Yes Maybe No b. Will the proposal result in adverse physical or aesthetic effects to a prehistoric or historic building, structure or object? C. Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? d. Will the proposal restrict existing religious or sacred uses within the potential impact area? 21. Mandatory Findings of Significance. a. Does.the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal or eliminate important examples of the major periods of California history or prehistory? �( b. Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? (A short- term impact on the environment is one which occurs in a relatively brief, definitive period of time while long-term impacts will endure well into the future.) C. Does the project have impacts which are individually limited, but cumulatively considerable? (A project's impact on two or Yes Mgybe No more separate resources may be relatively small, but where the effect of the total of those impacts on the environment is significant) d. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Environmental Determination On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment,.and a NEGATIVE DECLARATION will be prepared. X I find that, although the proposed project could have a significant effect on the environment,,there will not be a significant effect in this case because the t` mitigation measures described on attached sheets have been added to the project. A NEGATIVE DECLARATION WILL BE PREPARED. I find the proposed,prcject MAY have a significant effect on the environment, and an ENVIRONMENTAL, IMPACT REPORT is required. Patrizia Materassi Planning Director Date Signature For City of Grand Terrace 9 M.DISCUSSION OF THE ENVIRONMENTALEVALUATION 1 -5 9-20. No. The proposed amendment shall not result in unstable earth conditions, disruptions, compact or overcovering of soil,ground surface relief, modification of any unique geological or physical features, water erosion of soils,erosion of water systems, exposure of people to' earthquakes or unstable land conditions, natural resources, create any risk of explosion,alter the population density of the area, create the need for additional housing,generate significant vehicular movement, or generate needs for additional,public transit, additional need for public services, utilities or energy, create health hazards, negative impact to scenic vistas or create additional impact to recreational areas. This is due to the amendment being only for general plan land use adjustment and development standards for adult entertainment uses, and each specific land use for adult entertainment shall be reviewed separately in accordance to CEQA. 6 - 7. No. The proposed amendment shall not result in increases of noise level or exposure of people to severe noise levels nor shall it produce substantial new light or glare. The amendment is only for general plan landuse adjustment and development standards, and each land use for adult entertainment shall be reviewed separately in accordance to CEQA, and the City of Grand Terrace.and County of San Bernardino Noise Ordinance. 8. Yes. Since currently the.area, is planned for light Industrial and RetailMght Manufacturing uses with no:provision.for entertainment uses.. Adult,business is introducing a new category of uses which may result in a substantial alteration of present and planned Ianduse for this area. However, we believe that as regulated in the Adult Entertainment Ordinance, these entertainment uses are .subject to a conditional use permit and adult business permit. Considering constitutional limitations these processes fully mitigate the potential negative impacts. 21a. No. The project does not have the potential to degrade the environment, reduce the fish or wildlife species or eliminate important examples of the major periods of California history. Neither will it have impacts which are individually limited but cumulatively considerable. The proposed amendment is to include additional landuse in these areas, but those project uses will still be.reviewed separately In accordance.to CEQA and the City of Grand Terrace, County and State regulations..as well... 21b,c. . Maybe. We feel we have developed appropriate development standards and conditions of approval to avoid possible cumulative negative impacts of the use in these areas. An example of standards and of regulations are the minimal distances to be maintained between sensitive landuses and possible adult business uses and also required distances between subject uses themselves. 21d. No. There will be no adverse effects or impacts on human beings from the General Plan Amendment directly,as each individual proposed adult business use will be analyzed through the Conditional Use Permit, Business Permit, and Environmental process. Few offices are located in Grand Terrace, and most are located in mixed r commercial and office developments. A free-standing office building has been completed on the south side of Barton Road near the Gage Canal. Prevention of "strip-commercial" uses along Barton Road is a major concern. It is the intent of the General Plan that new commercial uses be carefully monitored. New commercial uses should relate to existing development. Isolated commercial projects as well as conversion of residential units to commercial use should be limited and prevented wherever possible. The use of a Specific Plan, as previously described, is required for larger commercial developments (e.g.,projects of 10 or more acres). Two commercial use categories are shown on the Land Use Policy Map. GC, General Commercial: Retail .and related.commercial uses, including neighborhood-,shopping centers. Portions. of General Commercial (GC) area allow adult business, uses as reflected in landuse map, see Figure,VI 1, Exhibit A. OC, Office Commercial: Professional and medical offices. Implementation Policies: DEVELOPMENT ' OF RETAIL AND GENERAL COMMERCIAL .USES SHALL BE ENCOURAGED. ADDITIONAL FREEWAY SERVICE-ORIENTED COMMERCIAL USES SHALL BE ENCOURAGED. COMMERCIAL AREAS ALONG BARTON ROAD SHALL BE DESIGNATED FOR SPECIAL STUDY AND METHODS TO PREVENT. 'STRIP-COMMERCIAL"TYPE DEVELOPMENT INVESTIGATED; THIS WILL REQUIRE FINANCIAL AND LEGAL COOPERATION BETWEEN LOCAL MERCHANTS, LAND OWNERS, AND THE CITY. �, VI-9 s MEASURES TO REDUCE POTENTIAL LAND USE INCOMPATIBILITY BETWEEN COMMERCIALLY DESIGNATED AREAS AND ALL � OTHER PLAN AREAS WILL BE GIVEN SPECIAL CONSIDERATION. SPECIFIC FEATURES COULD INCLUDE INCREASED SETBACKS, WALLS, BERMS, AND LANDSCAPING. OMUSTRIAL GOAL: THE CITY SHALL PROMOTE THE DEVELOPMENT OF LABOR INTENSIVE, LIGHT, NON-POLLUTING INDUSTRY WHICH IS COMPATIBLE WITH THE PRESENT LAND USE PATTERN. Major Significance: Potentially developable industrial designated areas. Issue Assessment - (MEA Reference: II-D-6) Much of the industrial land in Grand Terrace. is devoted to two. Southern California -Edison Company .facilities: a generation. .plant in. the southern portion of the City and a switching substation,at the town's northern border. Industrial uses comprise. a total of 124 acres, or 5.2 percent of the total land area in Grand Terrace. There is.a large (60-acre) area in the southwestern portion of the city which r could potentially be developed as an industrial park. In addition, there is a 55-acre vacant industrial area in the northwestern portion of the City. Approximately 32 acres of this area are within a designated 100-year flood plain and would require special consideration relative to flooding before development. would be allowed. The Specific Plan guidelines outlined in this section.would.apply to all future. development . projects of ten or more acres within.these:areas.. The Land,Use Policy Map,:Figure VI-I, has-one.,industrial classification: Light Industrial: Non-polluting, light manufacturing, warehousing, and distribution uses. Portions of Industrial (I) area allow adult business uses as reflected in landuse snap, see Figure VIZ, EtMbit A. This classification includes a wide range of industrial uses which would be constructed under special industrial development standards. Implementation Policies: ONLY LIGHT NON-POLLUTING INDUSTRIAL USES SHALL BE ALLOWED IN GRAND TERRACE. ��, VI-10