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260 ORDINANCE NO. 260 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA ADDING SECTION 18.10.090 PLANNED RESIDENTIAL DEVELOPMENT TO 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. WHEREAS, Chapter 18.90 of the Municipal Code provides a process for the amendment of the Zoning Code. WHEREAS, the Project, as contemplated, proposes to establish a new Section 18.10.090 entitled Planned Residential Development in order to facilitate the development of infill lots that may be otherwise constrained due to lot size, configuration, and/or topography. WHEREAS, on July 21, 2011, and September 1, 2011, the Planning Commission of the City of Grand Terrace conducted two public workshops on the planned residential development (PRD) provisions. WHEREAS, on October 6, 2011, and October 20, 2011, the Planning Commission of the City of Grand Terrace conducted duly noticed public hearings on proposed Section 18.10.090 Planned Residential Development at the Grand Terrace City Hall Council Chambers located 22795 Barton Road, Grand Terrace, CA 92313 and concluded the hearing on October 20, 2011, by voting 4-1 to recommend City Council approval of the proposed Amendment. WHEREAS, on January 10, 2012, the City Council of the City of Grand Terrace conducted a duly noticed public hearing on Zoning Code Amendment 11-02 at the Grand Terrace City Hall Council Chambers located 22795 Barton Road, Grand Terrace, CA 92313 and concluded the hearing on that date. WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred. NOW THEREFORE, it is hereby found, determined, and resolved by the City Council of the City of Grand Terrace, as follows the administrative hearing officer shall be final." SECTION 3. The City Council declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion of it irrespective of the fact that any one or more sections, subsections, sentences, clauses, , tampers with, or knowingly renders inaccurate any monitoring device or method required under this ordinance shall, upon conviction, be punished by a fine of not less than three thousand dollars ($3,000) per day of violation or by imprisonment or by both. ppropriate legal, equitable, or injunctive relief against any person who has violated or continues to violate any provision of cer of the discharger. _ I wastes discharged within the spill containment system shall be disposed of in accordance with all applicable federal, state, and local rules, regulations, and laws, and shall not be e receipt of a supplemental or amended application, the community development director shall again determine whether the application is complete. Page35of43 upp. 1140 (E.D. Tenn. 1995); Page 9 of 43 o not adequately protect the health, safety, and general welfare of Page 6 of 43 ' cases of congenital syphilis, were reported for Los Angeles County residents, while the 2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported Page 2 of 43 SECTION 1. Zoning Code Amendment 11-02 is exempt from the California Environmental Quality. Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines because 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 Project establishes standards and procedures for planned residential development projects, but does not include any development activities, which would have a significant impact on the environment. SECTION 2. Zoning Code Amendment 11-02 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 within the city because any future development in accordance with the provisions are still subject to applicable building and fire codes, and the provisions provide for setbacks, open space, parking and building height regulations. SECTION 3. Zoning Code Amendment 11-02 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. SECTION 4. Zoning Code Amendment 11-02 is consistent with the latest adopted General Plan, such as Goal 2.1 to provide for balanced growth which seeks.to provide a wide range of employment and housing opportunities and maintenance of a healthy, diversified community, and Policy 9.3.1 because it provides incentives for incorporating "green" building.design into project design. SECTON 5. Section 18.10.090 entitled "Planned Residential Development" is hereby added to Chapter 18.10 of Title 18 of the Grand Terrace Municipal Code as described in Exhibit 1 attached hereto. . SECTION 6. The City Council declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion of it irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions of it be declared invalid or unconstitutional. If for any reason any portion of this ordinance is declared invalid or unconstitutional, then all other provisions shall remain valid and enforceable. . SECTION 7. This ordinance shall take effect thirty days from the date of . adoption. SECTION 8. First read at a regular meeting of the City Council held on the 10th day of January, 2012 and finally adopted and ordered posted at a regular meeting -of said City Council on the 24th day of January, 2012.. Page 2 of 10 toring device or method required under this ordinance shall, upon conviction, be punished by a fine of not less than three thousand dollars ($3,000) per day of violation or by imprisonment or by both. ppropriate legal, equitable, or injunctive relief against any person who has violated or continues to violate any provision of cer of the discharger. _ I wastes discharged within the spill containment system shall be disposed of in accordance with all applicable federal, state, and local rules, regulations, and laws, and shall not be e receipt of a supplemental or amended application, the community development director shall again determine whether the application is complete. Page35of43 upp. 1140 (E.D. Tenn. 1995); Page 9 of 43 o not adequately protect the health, safety, and general welfare of Page 6 of 43 ' cases of congenital syphilis, were reported for Los Angeles County residents, while the 2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported Page 2 of 43 ATTEST: City Clerk bl the he Ci y of.Grand errace Mayor of the City of Grand Terrace and of the City Council there and of the City Council thereof I, Tracey Martinez, City Clerk of the City of Grand Terrace, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council on the 10th of January 2012, and adopted at a regular meeting of the City Council of the City of Grand Terrace held on the 24th day of January 2012, by the following vote: AYES: Councilmembers McNaboe, Sandoval and Hays; Mayor Pro Tem Garcia and Mayor Stanckiewitz NOES: None ABSENT: None ABSTAIN: None a i kA .11S Tracey Ma i` ez, oity Clerk Approved a for Richar . Adams, City Attorney Page 3of10 Exhibit 1 Section 18.10.090 Planned Residential Development A. Purpose. The purpose of this section is to provide a process for approving a planned residential development that is intended to: 1. Allow for flexibility and creativity in the development of infill lots otherwise constrained due to lot size, configuration and/or surroundings; 2. Provide a method whereby land may be designed and developed as a unified site by taking advantage of efficient site planning techniques thereby resulting. in a : more. efficient use of land, a better living environment, excellence of design, and related enhanced amenities than is otherwise possible through strict application of the development standards of the underlying zoning classification; 3. Ensure development that meets high standards of environmental quality, public health and safety, the efficient use of the City's resources, and the purpose, intent, goals, policies, actions, and land use designations of the General Plan, and any applicable specific plan. B. Applicability. 1. Permitted zones. A planned residential development shall be permitted on those parcels identified, within the R2—Low Medium and R3—Medium Density . Residential Zone districts. As determined . by the Planning Commission on a case by case basis, a planned residential development may be proposed on any site other than those,listed in subparagraph "a", provided that it meets the applicability requirements of this section. a. A planned residential development may be, proposed on the following properties: Assessor's Parcel Numbers: 0275-191-15, 0275-211-09, 0275-211-58, 0275-251-04, 0276-202-74, and 1167- 341-078. 2. Minimum Site Area. A planned residential development may only be requested for a site(s) with.a minimum size of 22,000 net square feet. a. Net area shall mean the total horizontal area within the lot lines of a lot, excluding public or private easement, any street; drive aisle, or right of way area. 3. Permitted Uses. A planned residential development project shall not authorize a use that is not allowed in the base zoning district` Page 4 of 10 tions of it be declared invalid or unconstitutional. If for any reason any portion of this ordinance is declared invalid or unconstitutional, then all other provisions shall remain valid and enforceable. . SECTION 7. This ordinance shall take effect thirty days from the date of . adoption. SECTION 8. First read at a regular meeting of the City Council held on the 10th day of January, 2012 and finally adopted and ordered posted at a regular meeting -of said City Council on the 24th day of January, 2012.. Page 2 of 10 toring device or method required under this ordinance shall, upon conviction, be punished by a fine of not less than three thousand dollars ($3,000) per day of violation or by imprisonment or by both. ppropriate legal, equitable, or injunctive relief against any person who has violated or continues to violate any provision of cer of the discharger. _ I wastes discharged within the spill containment system shall be disposed of in accordance with all applicable federal, state, and local rules, regulations, and laws, and shall not be e receipt of a supplemental or amended application, the community development director shall again determine whether the application is complete. Page35of43 upp. 1140 (E.D. Tenn. 1995); Page 9 of 43 o not adequately protect the health, safety, and general welfare of Page 6 of 43 ' cases of congenital syphilis, were reported for Los Angeles County residents, while the 2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported Page 2 of 43 C. Development Standards. 1. Density: Density within a planned residential development shall comply with the permitted density of the underlying zone district. a. The fractional/decimal results of calculations of the number of multiple housing units allowed within a land use zoning district shall be rounded down to the next lowest whole number. If a fraction is 0.55 or more, the Director may recommend the higher whole number to the Commission based on other development standards and regulations being met. 2. Density bonus: A density bonus, as shown below, may be considered by the Planning Commission, based on the merits of the project, including that all applicable development standards are met. Only one density bonus may be granted. a. Notwithstanding Subsection 2 above, a density bonus shall be granted for affordable housing developments in accordance with the density bonus provisions of Government Code Section 65915; or b. A 20% density bonus with evidence that the project can be certified in LEED for Homes; or c. A 10% density bonus for construction of the project to meet or exceed more than a 20% increase in energy efficiency above Title 24 requirements or; 3. Lot coverage: Lot coverage shall not exceed 60% of the lot area. Lot coverage includes primary, and accessory structures., covered patios and garages. 4. Open space: A minimum of 20% of the lot area shall be open and unobstructed. Paved areas, drive aisles, parking areas, private patios, or areas between structures less than 10 feet in any dimension, shall not be counted towards open space. Twenty-five percent of open amenity areas may be counted toward the open space requirement. 5. Private open space: A minimum of 250 square feet of private open space per dwelling unit shall be provided, with no dimension less than 10 feet. Architectural elements with no habitable space may encroach into private open spaces. 6. Amenities: Amenities may include a swimming pool, clubhouse, tot lot with play equipment, picnic shelter with barbeque area, basketball, tennis, Page 5 of 10 e declared invalid or unconstitutional. If for any reason any portion of this ordinance is declared invalid or unconstitutional, then all other provisions shall remain valid and enforceable. . SECTION 7. This ordinance shall take effect thirty days from the date of . adoption. SECTION 8. First read at a regular meeting of the City Council held on the 10th day of January, 2012 and finally adopted and ordered posted at a regular meeting -of said City Council on the 24th day of January, 2012.. Page 2 of 10 toring device or method required under this ordinance shall, upon conviction, be punished by a fine of not less than three thousand dollars ($3,000) per day of violation or by imprisonment or by both. ppropriate legal, equitable, or injunctive relief against any person who has violated or continues to violate any provision of cer of the discharger. _ I wastes discharged within the spill containment system shall be disposed of in accordance with all applicable federal, state, and local rules, regulations, and laws, and shall not be e receipt of a supplemental or amended application, the community development director shall again determine whether the application is complete. Page35of43 upp. 1140 (E.D. Tenn. 1995); Page 9 of 43 o not adequately protect the health, safety, and general welfare of Page 6 of 43 ' cases of congenital syphilis, were reported for Los Angeles County residents, while the 2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported Page 2 of 43 or other recreational amenities. The type of amenities shall be approved by the Planning Commission. Amenities shall be provided as follows: Number of Units Number of Amenities 0-11 0 12-24 1 25-50 2 51-75 3 75+ as determined by the Planning Commission Note: Where a mix of attached and detached units is proposed, amenities shall be provided pursuant to this subsection. 7. Height: 35 feet. Three-story structures shall not be permitted adjacent to any Single Family Residential zone or single family use. 8. Circulation a. Private streets shall be permitted only when a Homeowner's Association is established to maintain them. b. Private streets shall be built to public works construction standards. c. Street/Drive Aisle Width: A minimum of 26 feet, curb to curb with no on-street parking shall be provided. Where one-way access s is proposed, the minimum width shall conform to County Fire standards. d. Two points of vehicular ingress and egress to a public street shall be provided. Except that for smaller projects or where the applicant can show that this is a physical impossibility, the appropriate fire authority may modify this requirement if the fire authority determines that emergency access is adequate for the project. 9. Number of attached dwelling units. Attached dwelling units. shall not exceed,8 units. Any building with 6 or more units shall provide a minimum two foot variation along the building wall plane. - Page 6 of 10 n 10 feet in any dimension, shall not be counted towards open space. Twenty-five percent of open amenity areas may be counted toward the open space requirement. 5. Private open space: A minimum of 250 square feet of private open space per dwelling unit shall be provided, with no dimension less than 10 feet. Architectural elements with no habitable space may encroach into private open spaces. 6. Amenities: Amenities may include a swimming pool, clubhouse, tot lot with play equipment, picnic shelter with barbeque area, basketball, tennis, Page 5 of 10 e declared invalid or unconstitutional. If for any reason any portion of this ordinance is declared invalid or unconstitutional, then all other provisions shall remain valid and enforceable. . SECTION 7. This ordinance shall take effect thirty days from the date of . adoption. SECTION 8. First read at a regular meeting of the City Council held on the 10th day of January, 2012 and finally adopted and ordered posted at a regular meeting -of said City Council on the 24th day of January, 2012.. Page 2 of 10 toring device or method required under this ordinance shall, upon conviction, be punished by a fine of not less than three thousand dollars ($3,000) per day of violation or by imprisonment or by both. ppropriate legal, equitable, or injunctive relief against any person who has violated or continues to violate any provision of cer of the discharger. _ I wastes discharged within the spill containment system shall be disposed of in accordance with all applicable federal, state, and local rules, regulations, and laws, and shall not be e receipt of a supplemental or amended application, the community development director shall again determine whether the application is complete. Page35of43 upp. 1140 (E.D. Tenn. 1995); Page 9 of 43 o not adequately protect the health, safety, and general welfare of Page 6 of 43 ' cases of congenital syphilis, were reported for Los Angeles County residents, while the 2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported Page 2 of 43 10. Project Setbacks: a. Perimeter setbacks: i. Front yard: 20 feet ii. Rear yard: 15 feet iii. Side yard: 10 feet iv. Street Side yard: 10 feet b. Attached units shall also adhere to the following setbacks: A minimum setback of 10 feet from the curb face, except that a minimum driveway depth of 17 feet shall be provided. ii. A minimum of 15 feet between attached buildings. c. Small lot subdivisions shall adhere to the following standards: i. Minimum lot size: 3,500 net square feet ii. Lot coverage: 60% iii. Front yard setback: An average of 18 feet, but no less than 16 feet iv. Rear yard setback: 15 feet v. Side yard setbacks: 5 feet on one side yard and 8 feet on the other side yard vi. Zero lot line setback: Shall apply to detached garages only. vii. Distance between detached garage and main residence: 5 feet 11. Parking. Parking shall be in accordance with Chapter 18.60 (Off Street Parking), with the following exceptions: a. On-street parking may be credited towards guest parking, provided that a curb to curb street width or driveway width of a minimum of 33 feet is provided, with parking only on one side of the street. Page 7of10 rement if the fire authority determines that emergency access is adequate for the project. 9. Number of attached dwelling units. Attached dwelling units. shall not exceed,8 units. Any building with 6 or more units shall provide a minimum two foot variation along the building wall plane. - Page 6 of 10 n 10 feet in any dimension, shall not be counted towards open space. Twenty-five percent of open amenity areas may be counted toward the open space requirement. 5. Private open space: A minimum of 250 square feet of private open space per dwelling unit shall be provided, with no dimension less than 10 feet. Architectural elements with no habitable space may encroach into private open spaces. 6. Amenities: Amenities may include a swimming pool, clubhouse, tot lot with play equipment, picnic shelter with barbeque area, basketball, tennis, Page 5 of 10 e declared invalid or unconstitutional. If for any reason any portion of this ordinance is declared invalid or unconstitutional, then all other provisions shall remain valid and enforceable. . SECTION 7. This ordinance shall take effect thirty days from the date of . adoption. SECTION 8. First read at a regular meeting of the City Council held on the 10th day of January, 2012 and finally adopted and ordered posted at a regular meeting -of said City Council on the 24th day of January, 2012.. Page 2 of 10 toring device or method required under this ordinance shall, upon conviction, be punished by a fine of not less than three thousand dollars ($3,000) per day of violation or by imprisonment or by both. ppropriate legal, equitable, or injunctive relief against any person who has violated or continues to violate any provision of cer of the discharger. _ I wastes discharged within the spill containment system shall be disposed of in accordance with all applicable federal, state, and local rules, regulations, and laws, and shall not be e receipt of a supplemental or amended application, the community development director shall again determine whether the application is complete. Page35of43 upp. 1140 (E.D. Tenn. 1995); Page 9 of 43 o not adequately protect the health, safety, and general welfare of Page 6 of 43 ' cases of congenital syphilis, were reported for Los Angeles County residents, while the 2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported Page 2 of 43 12. Storage and Trash Areas. All storage and trash areas shall be located within enclosed areas completely screened from public view. Common storage and trash areas shall be within 200 feet of the dwelling served. D. Procedures. 1. Planned residential developments shall be processed in accordance with Chapter 18.63 (Site and Architectural Review). The application shall include all of.the information and materials specified by the Site and Architectural Review application, together with the required fee, in compliance with the City's adopted fee schedule. It is the responsibility of the applicant to provide evidence in support of the findings required by subsection (F) of this section (Findings and Decision). 2. The application shall be accompanied by a tentative map that shall be filed and processed in accordance with Title 17 (Subdivisions) of the Municipal Code. E. Review Authority. The Commission may approve, conditionally approve, or deny a planned residential development, provided that the findings contained in subsection (F) of this section (Findings and Decision), and in Chapter 18.63 (Site and Architectural Review), can be made. F. Findings and Decision. The Commission may approve or conditionally approve a planned residential development only after first making all of the findings contained in Section 18.63.060 (Approval Process) and the following: 1. The development includes only uses allowed within the base zoning district. 2. The development is compatible with other development within the zoning district and general neighborhood ofthe proposed project. 3. The project would..produce a development of higher quality and greater excellence of design than that might otherwise result from using the standard development regulations. 4. The subject site is adequate in terms of size, shape, topography, and. circumstances to accommodate the proposed development. 5. The project includes improved quality of life provisions and enhanced amenities, including an additional and appropriate variety of structure placement and orientation opportunities, appropriate mix of structure sizes, high quality architectural design, common open space, landscaping, parking areas, private open space, and sustainable improvement Page 8 of 10 shall remain valid and enforceable. . SECTION 7. This ordinance shall take effect thirty days from the date of . adoption. SECTION 8. First read at a regular meeting of the City Council held on the 10th day of January, 2012 and finally adopted and ordered posted at a regular meeting -of said City Council on the 24th day of January, 2012.. Page 2 of 10 toring device or method required under this ordinance shall, upon conviction, be punished by a fine of not less than three thousand dollars ($3,000) per day of violation or by imprisonment or by both. ppropriate legal, equitable, or injunctive relief against any person who has violated or continues to violate any provision of cer of the discharger. _ I wastes discharged within the spill containment system shall be disposed of in accordance with all applicable federal, state, and local rules, regulations, and laws, and shall not be e receipt of a supplemental or amended application, the community development director shall again determine whether the application is complete. Page35of43 upp. 1140 (E.D. Tenn. 1995); Page 9 of 43 o not adequately protect the health, safety, and general welfare of Page 6 of 43 ' cases of congenital syphilis, were reported for Los Angeles County residents, while the 2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported Page 2 of 43 standards (e.g., energy efficient building design, construction, and operation. G. Minor Changes by Director. 1. Minor changes in:a planned residential development that do not involve an increase in density or a change of use may be approved by the Director, pursuant to Section. 18.63.020.0 (Administrative Site and Architectural Review). 2. Proposed changes that are not deemed minor shall be subject to review and approval by the original review authority. H. - Common Ownership - Land or Improvements 1. Covenants, Conditions and Restrictions (CC&R's). Where a Planned Residential Development contains any land or improvement proposed to be held in common ownership, the applicant shall submit a declaration of covenants, conditions and restrictions (CC&R's) with the final map establishing a Home Owner's Association subject to. Community 'and Economic Development Director and the City Attorney approval. Such declaration shall set forth provisions for maintenance of all common areas, payment of taxes and all other privileges and responsibilities of the I common ownership. The CC&R's shall include provisions prohibiting the homeowners' association :(HOA) from quitclaiming, selling or.otherwise transferring the land held in common ownership to private property owners. 2. The City shall be made a party of the CC&R's. The City's participation shall be specifically limited to enforcement of the HOA's maintenance obligation. 3. Amendments to CC&R's. The provisions of approved CC&R's shall not be amended without the prior approval of the Community Development Director and City Attorney who at his or her discretion may refer the matter to the Planning Commission. Requests for amendments to existing CC&R's shall be submitted to the Community Development Division. 4.. Maintenance. • All private streets, walkways, parking areas, landscaped areas, storage areas, screening, sewers, drainage facilities, utilities, open space, recreation facilities and other improvements not dedicated to public use shall be maintained by the property owners. Provisions acceptable to the affected City Departments shall be made for the preservation and maintenance of all such improvements prior to the issuance of building permits. Page 9of10 e 8 of 10 shall remain valid and enforceable. . SECTION 7. This ordinance shall take effect thirty days from the date of . adoption. SECTION 8. First read at a regular meeting of the City Council held on the 10th day of January, 2012 and finally adopted and ordered posted at a regular meeting -of said City Council on the 24th day of January, 2012.. Page 2 of 10 toring device or method required under this ordinance shall, upon conviction, be punished by a fine of not less than three thousand dollars ($3,000) per day of violation or by imprisonment or by both. ppropriate legal, equitable, or injunctive relief against any person who has violated or continues to violate any provision of cer of the discharger. _ I wastes discharged within the spill containment system shall be disposed of in accordance with all applicable federal, state, and local rules, regulations, and laws, and shall not be e receipt of a supplemental or amended application, the community development director shall again determine whether the application is complete. Page35of43 upp. 1140 (E.D. Tenn. 1995); Page 9 of 43 o not adequately protect the health, safety, and general welfare of Page 6 of 43 ' cases of congenital syphilis, were reported for Los Angeles County residents, while the 2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported Page 2 of 43 5. Failure to Maintain Constitutes a Public Nuisance. All commonly-owned lots, improvements and facilities shall be preserved and maintained in a safe condition and in a state of good repair. Any failure to so maintain is unlawful and a public nuisance endangering the health, safety and general welfare of the public and a detriment to the surrounding community. - .I Page 10 of 10 cil of the City of Grand Terrace held on the 24th day of January 2012, by the following vote: AYES: Councilmembers McNaboe, Sandoval and Hays; Mayor Pro Tem Garcia and Mayor Stanckiewitz NOES: None ABSENT: None ABSTAIN: None a i kA .11S Tracey Ma i` ez, oity Clerk Approved a for Richar . Adams, City Attorney Page 3of10