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Table 8.47 HUD 2021 Continuum of Care San Bernardino County Housing Inventory Count
Total Year
Round Beds
Seasonal
Beds
Overflow /
Voucher
Emergency, Safe Haven and Transitional
Housing
875 60 0
Emergency Shelter 512 60 0
Safe Haven 24 n/a n/a
Transitional Housing 339 n/a n/a
Permanent Housing 3,855 n/a n/a
Permanent Supportive Housing* 1,595 n/a n/a
Rapid Re-Housing 2,260 n/a n/a
Grand Total 4,730 60 0
Source: HUD 2021 Continuum of Care Homeless Assistance Programs Housing Inventory Count Report. https://files.hudexchange.info/reports/published/CoC_HIC_State_CA_2021.pdf The City will continue to prioritize its limited resources to support affordable housing solutions for those with extremely low, very low, and low incomes, particularly those who may experience homelessness or are at risk of losing access to permanent housing.
Emergency shelters are defined by the California Health and Safety Code Section 50801 as “housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay.” The City Zoning Code has recently been updated to allow the development of emergency shelters by right in the M2-Industrial zone. The M2 Zoning District covers approximately 178 Acres within the City. All of these parcels are within .25, .5, and 1 miles within transit services.
Homeless Outreach Proactive Enforcement (HOPE) Program
The Homeless Outreach and Proactive Enforcement (H.O.P.E.) program is a pro-active approach intended to ultimately reduce calls for service and other resources currently required to deal with the homeless population. A community policing philosophy will be used to link the homeless population with resources and service providers throughout the county.
Displacement
The Urban Displacement Project at the University of California, Berkeley, developed a map of “sensitive communities” where residents may be particularly vulnerable to displacement in the event of increased redevelopment and drastic shifts in housing cost. Sensitive communities are defined based on the following set of criteria:
The share of very low-income residents is above 20 percent. The census tract must also meet two of the following criteria:
o The share of renters is above 40 percent.
o The share of people of color is above 50 percent.
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The share of very low-income households (50 percent AMI or below) that are severely rent burdened is above the county median.
The census tract, or areas in close proximity, have been experiencing displacement pressures. Displacement pressure is defined as:
• The percentage change in rent in a selected census tract, divided by county median rent increases OR
• Median rent in a selected census tract, minus median rent for all surrounding tracts, divided by median rent for all tracts in county (rent gap).
The figure below shows the areas vulnerable to displacement as identified by the Urban Displacement Project. Of the 5 census tracts in the City, two are identified with some level of displacement risk. These tracts with the highest displacement risk are located in the northwestern part of the City which includes downtown and surrounding neighborhoods.
RHNA site distribution is not expected to increase any risk of any type of displacement, such as economic or physical displacement. The sites are distributed with the intention of creating opportunity for low to moderate income residents in higher income areas, and provide new housing opportunities in existing low to moderate income neighborhoods without displacing current residents. Of the 19 sites in the inventory, six are located in an area marked as vulnerable to displacement, five of which are currently vacant. There are also two pending projects in the area.
The non-vacant parcel consists of a single family home with a large amount of excess and underutilized land on the property. This site could be redeveloped while maintaining existing use.
Therefore, redevelopment of these sites will not likely result in displacement of current residents.
RHNA sites are not concentrated in this area and include projections of all income levels.
Additionally, the rezoning will
bring the opportunity for much
needed affordable and housing
in the area. The new units will
help ease the demand of
pressure in the housing market
and have a stabling effect rather
than a displacement effect.
Furthermore, the City has
focused redevelopment funding
in the Barton Road Corridor,
along where there will be
upzoning to meet the RHNA.
This includes investments of
grocery stores, childcare
buildings, and pedestrian enhancements. The investments have been made with the intent to improve the area and support existing residents to ensure improvements without displacement.
Examples of Investment Along the Barton Road Corridor
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Figure 8.64 Vulnerability to Displacement
Findings
Overall, the City of Grand Terrace experiences housing problems and cost burden at a comparable rate to the region as a whole. Overcrowding is slightly less prevalent in the City of Grand Terrace compared to San Bernardino County. RHNA site distribution is not expected to exacerbate any substandard housing conditions or increase any risk of displacement.
Other Contributing Factors
Concentration of Fair Housing Concerns
The City of Grand Terrace has a greater number of substandard housing conditions, a concentration of the elderly population, and higher concentrations of non-White and low- to moderate-income residents in the northwestern part of the City, which includes the R/ECAP. This area is also where housing choice voucher use primarily occurs. Regionally, these trends are often in tracts bisected by a highway. Interstate 215, which bisects the western part of the City, also impacted the development pattern and correlates with the concentration of a number of fair housing issues including homelessness, substandard housing, and high segregation and poverty. Some tracts in
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this area saw a reduction in households experiencing poverty, from >30 percent in 2010-2014 to 20-30 percent in 2015-2019, which may indicate an improvement in overall fair housing concerns over time.
The northwestern area is generally in greater need of assistance in comparison to the rest of the City. The City is including geographically targeted assistance goals in this area of the City including 15 percent of assistance in Program 18 and 20 percent of assistance in Program 19. The City is including Program 19 to improve mobility, and active transportation opportunities, and park quality in the northwestern part of the City. These place-based improvements include enhanced streetscapes, multi-modal and active transportation, pedestrian safety improvements, safe routes to schools, community facilities, park improvements, and other community amenities.
Historic Immigration and Land Use Patterns
The City of Grand Terrace encompasses 3.6 square miles located along the south border of San Bernardino County, bounded to the south by the unincorporated community of Highgrove and to the north, east, and west by the City of Colton. The city has direct access from the I-215 and Agua Mansa industrial corridors and it is nestled between two mountain ridges: Blue Mountain to the east and the La Loma Hills to the west. Due to the high elevation, the area was referred to as “The Terrace” with “Blue Mountain” being the highest elevation point at over 2,300 feet. 12 Grand Terrace was established between 1830 and 1840 by Mexican land grants. Mormon settlers arrived in the San Bernardino Valley during the 1850s and by 1876 the Riverside Press reported nine buildings in the Terrace-Colton area and in 1877 the Colton-Terrace Water Company began transporting water from artesian wells. 1
By 1904, Charles Paton and M.L Howell purchased 300-acres and organized land in sections of 8 to 20 acres naming their tract “Grand Terrace” (Sec. 32 T is. R. 4W. S.B.B & M. Surveyed in 1890 by F. C. Finkle C. E.) 1
In 1905, Seventh-day Adventists, whose medical university is in the adjacent City of Loma Linda, settled in the area. Grand Terrace, at the time was known as “South Colton.” The area experienced continued growth and developed during the Southern California Suburbia and sublet periods in the late half of the 20th century. 1
Gage Irrigation Canal
The construction of the “Gage Canal” encouraged development and agricultural farmland. “The Gage Irrigation Canal was constructed between 1885-1889 by the vision and ingenuity of Matthew Gage. Matthew Gage was a jeweler by trade who arrived at Riverside from Kingston Canada in 1881. On March 1, 1882, Gage filed a claim under the Desert Land Act of 1877 on section 30, T.2s. R.4W, 640-acres of fertile government land lying two miles east of Riverside.” (Title Sheet - Gage Irrigation Canal, Running from Santa Ana River to Arlington Heights, Riverside, Riverside County, CA HAER CAL,33-RIVSI,3- (sheet 1 of 7)). To gain title under the Dessert Land Act, Gage had a three-year deadline
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to bring water from the Santa Ana River in San Bernardino to his section 30 land, which led to the construction of 11.91-miles of the 22-1/2mile long canal. 2
The canal is a gravity flow system distributing water in pipelines to individual plots below the level of the canal. It was also engineered to “supply water to parcels above the canal line by pumping water through pipelines to a higher point, allowing water to flow by gravity to individual groves.” 3 The total construction cost was reported to be $2 million dollars. 1 The Gage Canal provided irrigation water and allowed Grand Terrace to become an agricultural community featuring citrus trees. However, a severe “freeze” in 1913 destroyed many citrus groves and farmers resorted to planting hardier trees, such as walnuts and peaches for a quick profit.1 City Incorporation
The Chamber of Commerce was established in 1962. The Chamber’s main goal was to support cityhood and preserve the local identity of the area. The groundwork spearheaded by the Chamber’s led to the formation of the Municipal Advisory Council (MAC) in 1976 (local governing body), and after a two-year period of negotiations with the County, residents voted to the issue of cityhood responding with 82% of the vote in support of city incorporation. 1 The city was incorporated on November 30, 1978, and the Charter City Council was installed at Terrace Hills Junior High. Grand Terrace officially became the 16th city in San Bernardino County.
The city is known as the “Blue Mountain City” as a reference to the Blue Lupine flower that used to grow on Blue Mountain in the spring.
While most of Grand Terrace was developed prior to 1990, there is some correlation regionwide between racial demographics and age of development. Typically, older housing stock correlate with high rates of non-white residents. As the City is only two census tracts, the incorporation date does not largely impact fair housing concerns today, but provides a basis for understanding development patterns. Additionally, Interstate 215 which bisects the western part of the City also impacted the development pattern and correlates with the concentration of a number of fair housing issues including homelessness, substandard housing, and high segregation and poverty.
Barton Road Corridor
Grand Terrace main commercial corridor is “Barton Road” a Major Highway providing direct access of the Interstate 215. Barton Road was originally named after Dr. Ben Barton, a South Carolina native who studied medicine in Lexington Kentucky, first arrived in California in 1854 and settled in San Bernardino in 1857. Dr. Barton purchased a couple of properties: the property known as the “Old San Bernardino Mission” built around 1820’s currently located on Barton Place near Redlands and the building known as the “Asistencia” constructed around 1829 currently located near Mission Road. According to Ingersoll he paid $500 for 640-acres5 . “Dr. Barton was
elected to the Assembly soon after his arrival and served on many public boards and positions of trust. The property was sold in 1887 and the Barton Land and Water Company was organized to dispose the home tracts into which it was divided.” 5
The Barton Road corridor is highlighted as an area of future development, Located in the northwestern part of the City, the Barton Road corridor is an area with a lower median income and
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high percentage non-white population. The Barton Road Specific Plan implementation will include investment in the area that will help provide additional housing opportunities, economic growth, and address fair housing concerns in the northwest area of the City. Investment includes the ongoing Greens Group project, a large, mixed-use development which includes a 113-units, a hotel, retail, and restaurant space. This investment will help provide additional housing opportunities and economic growth in the northwestern part of the City.
Historic Land Use Zoning Patterns
Historic Aerial Maps from 1938 show Grand Terrace was predominantly agricultural land with a few residential structures starting development along Barton Road paving way to what is now the main commercial corridor for the city. Historic Aerial Maps from 1948 demonstrate the beginning of cluster single-family residential development in what is known today as Mc Clarren Street, Michigan Avenue, and to the northeast of Mt Vernon and Barton Road. Sometime between 1948 and 1959 the Interstate 215 (1-215) was constructed leading to an increase of housing development to the east of Mr. Vernon. Residential development soared in 1966 to the east and west of the I215. General commercial uses also developed, including shopping centers and commercial front stores along Barton Road and southwest of Mt. Vernon by 1978. Mobile home parks were also established west of the I-215. 9
As of today, Barton Road is a Specific Plan intended to provide guidance for development of predominantly commercial property along the primary transportation corridor. The zoning designations within the BRSP include General Commercial from the I-215 to Gage Canal, Village Commercial between the Gage Canal and Palm Avenue, and Office Professional from Palm Avenue to Preston Street. Uses include multi-family residential projects, small lot single family projects, commercial projects, and cellular communication projects. The BRSP also supports mixed-use and multifamily development.
Currently the General Plan Land Use Map identifies approximately 57.4% of land dedicated to residential uses.
The Hill Side Residential (HR) zoning is located in Blue Mountain with a density of one dwelling unit per acre. This designation is approximately 5.5% of city land; however, not all Hillside area is available for development, about 8.0% is designated Opens Space to be preserved as a scenic resource. Parcels in the Blue Mountain Open Space designation are publicly or privately owned, and the city has been working on a Community Development Block Grant (CDBG) since 2017 to establish a community trail of Observation Drive.
Low Density Residential Land is divided in three different zoning designations varying in size and density:
• Very Low Density Residential (R1-20-V) has a minimum lot size of 20,000 acres per lot with a maximum density of two dwelling units per gross acre. This zoning is located along the outskirts of the city to the north, east, and west; with some parcels having an Agricultural Overlay.
• Low Density Residential (R1-10) has a minimum lot size of 10,000 square feet per lot with a maximum density of four dwelling units per gross acre. There are only three small areas
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within this zoning classification, located to the north near Grand Terrace Road and Vista Grande Way, and to the southeast on Pico Street.
• Single Family Residential (R1-7.2) has a minimum lot size of 7,200 square feet per lot with a maximum density of five swelling units per gross acre. This zoning classification encompasses most of the residential zoning designation and is generally located in the center of the city.
Medium Density Residential and Medium High Density Residential land use designations are located to the northwest area of the city and adjacent to the north and south of the Barton Road Specific Plan creating a transition between commercial uses and single-family residential development. This zoning designation includes small lot single family developments or attached multifamily developments including townhomes, condominiums, apartments, and mobile home developments with a density of 6 to 12 dwelling units per gross acre.
In 2017 the city adopted Ordinance No. 298 amending the zoning to expand housing opportunities for all economic segments and reduce constraints on the provision of housing for persons with special needs in by creating the R3-24-High Density Residential zoning and R3-24 Overlay zoning on three parcels located along Grand Terrace Road to support a maximum density of 24-dwelling units per acre. 3
• The High Density Residential (HDR) designation is reserved for multiple family development, with an emphasis on affordable housing projects with a density of 20 to 24 dwelling units per gross acre.
• A 20% density bonus may be applied to a MDR or HDR project pursuant to the density bonus provisions of Chapter 4.3 of the California Government Code, or pursuant to an approved Planned Residential Development.
The city has a Multiple Family Senior Citizen zoned parcel, located on Grand Terrace Road and Mount Vernon Avenue.
The General Commercial, Office Commercial, and Industrial land designations are located on the west side of the city adjacent to the I-215 and the City of Colton.
A Floodplain Industrial (FI) designation area is located on the northwest city boundary adjacent to the Santa Ana River. This designation has been vacant for many years due to the potential for severe flooding (100-year and 500-year floodplain), other challenges include multiple high voltage power line easements traversing the property that further restricting development. Historically this area was used as agricultural land and existing legal nonconforming residential structures remain and continue to pursue agricultural uses including keeping of animals as permitted within the Agricultural Overlay designation. On August 23, 2020, the City Council upheld the Planning Commission decision by approving and industrial semi-trailer storage facility of 650 empty trailers and chassis, on 22-acres of land.
The lack of high density housing opportunities and zoning in the City is a contributing factor to fair housing issues. To address this, the City is including considerable rezoning beyond the RHNA (Program 1). This will ensure a wide variety of housing types at varying densities are allowed across the City. It will also ensure the City is able to meet its housing needs. The City is also
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revising the zoning code to remove the constraint on households with more than two bedrooms (Program 11).
Public Facilities
The city has established five parks: Grand Terrace Fitness Park, Gwen Karger Park, Richard Rollins Community Park, Susan Petta Park, and Veterans Freedom Park.
The city inaugurated the completion of the Dog Park Project in spring 2018, located at Vista Grande Way offering a panoramic view of the county from a hill overseeing the Interstate 215.
The park was $350,000, funded by Park Fees, State, and the City.
A grant to develop the Blue Mountain Tail was awarded in 2017 from the State of California Wildlife Protection Act of 1990-Habitat Conservation Fund Grant, for the construction of the Blue Mountain Nature Trail and Trail Head. The city was to complete the grant within a 5-year period ending construction in 2020; however, the project has been delayed due to COVID-19 and other factors. The trail head is proposed to be constructed at Observation Drive and Van Buren Street on 25-acres of city land in the Blue Mountain hillside area. Completion of the project will require land acquisition from multiple private property owners to outline the trail boundaries for public use. When completed, this project will align with Goal 4.5 of the Open Space and Conservation Element in support of the trail head and preservation of the Blue Mountain.
In the interim on the Trail Head project completion, the City Management Division organizes the annual Blue Mountain Hike Day during the month of March. Private property owners open their doors to allow city residents and visitors to hike Blue Mountain. Efforts for the Blue Mountain Hike are coordinated between the City of Grand Terrace, San Bernardino County Sheriff, San Bernardino County Fire, Friends of Blue Mountain Volunteers, and private property owners.
Public facilities are located throughout the City and are not anticipated to contribute to any fair housing concerns.
Population Growth/Demographics
The Census Bureau reported a population of 10,946 in 1990, a population of 12,040 in 2010, and most recently in 2022 the census bureau estimated a population of 13,109 with demographics of
59.8% white, 4.6% African American, 48.6% Hispanic or Latino, 4.0% Asian, 10.1% two or more races.
Between 2017-2021 it was reported that 63.1% of housing in Grand Terrace is owner-occupied with a Median value of $378,100.
The Colton School Unified District serves the students of Grand Terrace with Grand Terrace Elementary School, Terrace View Elementary School, Terrace Hills Middle School, and Grand Terrace High School located within the city boundaries.
In spite of city growth, Grand Terrace remains a bedroom community and in 2007, Grand Terrace was named as one of the “Top 100 cities to live in” by Money magazine.
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Contributing Factors to Fair Housing Issues
Fair Housing Issues, Contributing Factors, and Meaningful Action The City has adopted goals and actions that specifically address the contributing factors identified in the AFFH analysis. While the City views all contributing factors as important, higher priority was given to factors that limits fair housing choice and/or negatively impact fair housing per Government Code section 65583(c)(10)(A)(iv).
The table below displays the identified fair housing issue, contributing factor, actions taken to address the contributing factor, and priority level for each issue. Relevant programs are referenced in the action column for each contributing factor.
Table 8.48 Contributing Factors
Identified Fair Housing Issue Contributing Factor Action Priority Outreach and Enforcement
• Staff Capacity
• Source of
income
disparity
• Lack of widely
publicized
housing
information
• Program 5 Section 8 Rental Assistance
• Program 20 Fair Housing Outreach and Resources
• Program 18 Home Improvement Technical Assistance
• Program 19 Place-Based Improvements
Low
Integration and Segregation
• Source of
income
disparity
• Lack of Variety
of Housing types
• Lack of
opportunity for
high density
housing
• Program 1 Rezone 97.3 total acres to allow housing at a density of 20 to 40 du/ac, creating a total capacity of 616 percent of the RHNA, approximately 3,883 units
• Program 3 Facilitate Development of Affordable and
Special Needs Housing
• Program 5 Section 8 Rental Assistance
• Program 9 Incentivize ADUs
• Program 21 Homeless Assistance and Coordination
Moderate
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Identified Fair Housing Issue Contributing Factor Action Priority • Availability of
affordable
housing options
Disparities in Access to Opportunities
• Lack of Variety
of Housing types
• Lack of
opportunity for
high density
housing
• Presence of a
R/ECAP
• Program 1 Rezone 97.3 total acres to allow housing at a density of 20 to 40 du/ac, creating a total capacity of 616 percent of the RHNA, approximately 3,883 units
• Program 3 Facilitate Development of Affordable and
Special Needs Housing
• Program 9 Incentivize ADUs
• Program 7 Multifamily Housing Bonds
High
Disproportionate Housing Needs
• Lack of Variety
of Housing types
• Lack of
opportunity for
high density
housing
• Availability of
affordable
housing options
• Substandard
Housing in the
northwestern
neighborhoods
• Program 1 Rezone 97.3 total acres to allow housing at a density of 20 to 40 du/ac, creating a total capacity of 616 percent of the RHNA, approximately 3,883 units
• Program 3 Facilitate Development of Affordable and
Special Needs Housing
• Program 18 Home Improvement Technical Assistance
• Program 6 First-Time Homebuyers Assistance
• Program 7 Multifamily Housing Bonds
• Program 19 Place-Based Improvements
• Program 17 Code Enforcement
High
The table below provides a detailed overview of actions included in Housing Element Programs that are aimed at affirmatively furthering fair housing. The table separates the actions by their identified fair housing issue and priority level. It summarizes the specific commitment, timeline, geographic targeting, and metric for each program.
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Table 8.49 AFFH Action Matrix
Program Specific Commitment Timeline Geographic
Targeting
2023 – 2031
Metric
Fair Housing Outreach and Enforcement
Program 5
Section 8
Rental
Assistance
The City will facilitate access to Section 8 Rental Assistance for lower-income households through the San Bernardino County Housing Authority by assisting the County with publicity whenever the waiting list is opened, by posting the phone number and website of the Housing Authority on the City’s website.
Additionally, whenever the waiting list is open, the City will provide technical assistance and support to residents to add their information to the waiting list.
Ongoing as
notified by the
San
Bernardino
County
Housing
Authority
Citywide Support
housing
availability.
Provide
information to
25 households
annually,
when waiting
list is open.
Provide
technical
assistance to
15 households
when waiting
list is open.
Program 20
Fair
Housing
Outreach
and
Resources
The City will advertise the services of and collaborate with the County’s contracted fair housing provider, currently the Inland Fair Housing and Mediation Board website. Advertise the information quarterly in the Blue Mountain Outlook. The City will provide information on fair housing on the City’s website.
To assist in the enforcement of fair housing laws, the City will make educational and training resources available to tenants, landowners, homeowners, and any other residents who may be affected by fair housing policy. These materials will include information on fair housing testing, arbitration, reporting health risks and discrimination, best rental practices, and more. The services will include fair housing presentations, mass media communications, and multilingual literature distribution. This will include a workshop at least twice in the planning period. The programs will use alternative formats for fair housing education workshops such as pre-taped videos and/ or recordings. Staff will distribute fair housing pamphlets provided by fair housing organizations at the public information counter at City Hall, at the Senior Center, on the City’s website, and at in person community events as appropriate.
Staff will continue to refer all fair housing complaints to the fair housing service provider.
The City will also participate in the Regional Analysis of Impediments to Fair Housing Choice, which is updated every five years. The City will work with the County to publicize the outreach program for the update.
Throughout
the Planning
Period
Citywide Provide
workshops or
information
fairs with the
County fair
housing
provider or
another
qualified fair
housing
provider at
least twice in
the planning
period.
Provide fair
housing
resources or
referrals to 50
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Program Specific Commitment Timeline Geographic
Targeting
2023 – 2031
Metric
households
annually.
Program 18
Home
Improveme
nt Technical
Assistance
Neighborhood Housing Services of the Inland Empire (NHSIE) is a non-profit organization that operates a low-cost Homes N’ Hammer program designed to educate residents on minor home improvements and repairs. The four-hour workshop includes: functioning of the home’s major plumbing and electric systems, repair methods, replacing and maintaining drywall, replacing window screens, fixing garbage disposals, toilet mechanisms, health and safety issues and tips for hiring a professional contractor for home repairs, etc.
Neighborhood Partnership Housing Services, Inc. (NPHS) is a non-profit organization that operates a Healthy Homes Grant program. This program provides home safety repair grants to low-income senior homeowners and homeowners with permanent mobility disabilities.
Information on these programs will be provided on the City’s website, including web links to the NHSIE and NPHS websites, and posted biennially in the local newspaper. The City will reach out to NHSIE and NPHS during the planning period to explore partnership options for expanding programs in Grand Terrace and opportunities for the City to provide technical assistance to homeowners participating in these programs.
Schedule one
workshop per
year
throughout the
planning
period; post
information
about these
organizations
biennially in
the local
newspaper.
Coordination
with NHSIE
and NPHS
annually.
15% of
assistance to
households
in the
northwest
area.
Maintenance
and
conservation
of at least 20
homes
Program 19
Place-Based
Improveme
nts
The City has multiple projects in its Capital Improvements Plan identified to improve mobility, and active transportation opportunities, and park quality in the northwestern part of the City. The City will continue to prioritize the Capital Improvement Program and implement broader planning efforts, including seeking additional funding. This will serve to continue to improve communities through neighborhood improvements such as enhanced streetscapes, multi-modal and active transportation, pedestrian safety improvements, safe routes to schools, community facilities, park improvements, and other community amenities.
Specific efforts include:
• Street improvement and sidewalk repair ($1.3 million in pavement rehabilitation and $160,000 in neighborhood street lighting, sidewalk repair projects along Barton Road) • Upzoning to allow increased housing choice and opportunities private investment. • Geographic targeting of assistance programs in northwestern areas of the City.
As planned in
CIP schedule
Northwester
n area of the
City
Improve lower
resource areas
of the City
through CIP
projects, with
20% of
funding and
improvements
in the
northwest
portion of the
City.
Implement at
least two CIP
projects
during the
planning
period.
New Opportunities in High Resource Areas
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Program Specific Commitment Timeline Geographic
Targeting
2023 – 2031
Metric
Program 1
Adequate
Sites to
Accommoda
te Regional
Housing
Needs
To accommodate for a shortfall of sites and provide for adequate sites, the City is rezoning 97.3 total acres to allow for housing at a density of 20 – 40 du/acre. By upzoning for considerable capacity beyond the RHNA, the City is encouraging housing mobility, creating housing opportunity, and ensuring there is adequate capacity to meet the RHNA.
The City has identified 20 parcels (24.2 acres) from this rezone to meet the RHNA. Rezoned sites will comply with the requirements of Government Code Sec. 65583.2(h) which states that cities must have a program to facilitate by-right approval for projects that include at least 20 percent of the units for lower-income housing on rezoned low-income sites. Rezoned sites needed to meet the RHNA shall comply with the following:
• Permit owner-occupied and rental multifamily uses by-right for developments in which 20 percent or more of the units are affordable to lower-income households; • Accommodate a minimum of 16 units per site;
• Require a minimum density of 20 units per acre;
• Or, at least 50 percent of the lower-income need must be accommodated on sites designated for residential use only or on sites zoned for mixed uses that accommodate all of the very low and low-income housing need, if those sites allow 100 percent residential use, and require residential use occupy 50 percent of the total floor area of a mixed-use project.
Additionally, the six RHNA sites with existing, single-family residential uses will be subject to a replacement housing policy. The replacement housing policy will comply with all provisions of Government Code section 65915, subdivision (c) (3).
Pursuant to the statutory requirements of Government Code Sections 65583.2(c), amend the Zoning Ordinance to require by-right approval of any “reuse” 4th and 5th Cycle sites being used to meet the 6th Cycle RHNA, if 20 percent of the units in the development are affordable to lower-income households. There are four sites in the housing element that are subject to this provision, APNs 116720103, 027521109, 027641102, and 027641127.
Amendments
by October
2024; Ongoing
implementatio
n through the
planning
period.
Rezones as
soon as
possible
following
adoption.
In the rezone
areas
Rezone the
identified 20
parcels (24.2
acres) with
sufficient area
and
development
standards to
accommodate
the City’s
RHNA
allocation
throughout
the planning
period. Update
Zoning and
Land Use
maps
accordingly.
Monitor
progress
through
Annual
Progress
Reports.
Program 3
Facilitate
Developme
nt of
Affordable
and Special
Needs
Housing
The City will provide a set of incentives for and technical assistance to developers for housing projects that are affordable or for special needs households. Special needs households covers all types of special needs households including persons with disabilities, persons experiencing homelessness, female-headed households, senior housing, transitional youth housing, or any other identified special need housing type not listed.
Specifically, the City will:
• Allow and assist encourage developers in using to use Planned Residential Development standards, which allows for density bonuses when energy efficient construction is incorporated into projects. • Provide density bonus and other incentives consistent with state law Ongoing
through
planning
period; annual
outreach event
for developers,
seek funding
opportunities
annually with
at least one
mobile home
funding
Citywide Support
affordable and
special needs
housing
production
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Program Specific Commitment Timeline Geographic
Targeting
2023 – 2031
Metric
• Provide expedited processing for projects that provide housing for lower-income and/or special needs households, including senior, extremely-low income households, housing for those with disabilities, or any other identified special needs household
• Assistance in preparing applications for lower-income households and households with special needs, including seniors, those with disabilities, or any other identified special needs household • As funding allows, reduce development fees for extremely-low income housing projects. Seek funding sources to assist with extremely-low income housing development. • Seek funding to support the health and quality of the mobile homes in the northwestern area of the City through funding opportunities including but not limited to the Mobilehome Park Rehabilitation and Resident Ownership Program (MPRROP) and Manufactured Housing Opportunity and Revitalization Program (MORE).
Additionally, the City will annually contact developers of all special needs and lower income housing to assist in development where feasible by:
o Assisting and supporting new applications.
o Providing priority processing,
o Evaluate fee deferrals or subsidies and design modifications. o Facilitating site acquisition.
o Hosting an annual workshop, or comparable outreach, to developers to provide information on the City’s regulations regarding housing development, opportunities and sites available for development, and the City’s development incentives.
application by
Q3 2026,
establish
internal
expedited
permit process
by Q1 2026.
Program 7
Multifamily
Housing
Bonds
The San Bernardino County CDH Department operates a Multifamily Residential Rental Housing Revenue Bond program. This Program can be used for new construction, acquisition, and/or rehabilitation of multifamily housing developments. A specified number of units are required to remain affordable to eligible, low-income households for a specified number of years after the initial financing is provided.
Information on this Program will be provided on the City’s website, including links to the respective Programs and posted biennially in the local newspaper. The City will provide technical assistance to applicants who are looking to participate in this program in Grand Terrace.
Continuously
throughout the
planning
period
Citywide Produce,
acquire,
and/or
rehabilitate at
least 10 units
of affordable
multi-family
housing
throughout
the planning
period.
Technical
assistance to
two projects in
the planning
period.
Housing Element
VIII-196
Grand Terrace General Plan Draft | May 2024
Program Specific Commitment Timeline Geographic
Targeting
2023 – 2031
Metric
Program 9
Incentivize
Accessory
Dwelling
Units
The City will process a Code amendment in 2024 to update ADU regulations to be consistent with current law.
The City will create a dedicated webpage on the City website for ADU information. The page will include necessary information for the construction of ADUs and will include a set of FAQs, a flow chart of the development process, and links to resources for the development of affordable ADUs, and other ADU resources.
The City will also make a variety of pre-approved ADU plan sets available to facilitate reduced applicant cost and expedited review for ADUs by 2025. The City will ensure that example plans provide choices and diversity in size to accommodate a variety of household sizes and types. The program may be modeled after successful programs implemented in other cities and utilize SBCTA and/or other regional plans.
The City will monitor ADU production and affordability levels. Should ADU production not meet projected targets (an average of 1.5 ADUs annually) the City will pursue additional actions to encourage ADU production within six months of an identified shortfall. Additional actions include but are not limited to outreach and educational opportunities, grants and loans, or participation in regional ADU facilitation efforts.
Annual review,
ADU code
amendment in
2024. Create
ADU webpage
by Q4 2025.
Additional
actions within
six months of
any identified
shortfall.
Citywide,
target higher
resource,
higher
income areas
Mitigate
governmental
constraints;
Increase ADU
trends from
1.5 to 3 ADUS
per year.
Housing Mobility
Program 5
Section 8
Rental
Assistance
The City will facilitate access to Section 8 Rental Assistance for lower-income households through the San Bernardino County Housing Authority by assisting the County with publicity whenever the waiting list is opened, by posting the phone number and website of the Housing Authority on the City’s website.
Additionally, whenever the waiting list is open, the City will provide technical assistance and support to residents to add their information to the waiting list.
Ongoing as
notified by the
San
Bernardino
County
Housing
Authority
Citywide Support
housing
availability.
Provide
information to
25 households
annually,
when waiting
list is open.
Provide
technical
assistance to
15 households
when waiting
list is open.
Program 19
Place-Based
Improveme
nts
The City has multiple projects in its Capital Improvements Plan identified to improve mobility, and active transportation opportunities, and park quality in the northwestern part of the City. The City will continue to prioritize the Capital Improvement Program and implement broader planning efforts, including seeking additional funding. This will serve to continue to improve communities through neighborhood improvements such as enhanced streetscapes, multi-modal and active transportation, pedestrian safety As planned in
CIP schedule
Northwester
n area of the
City
Improve lower
resource areas
of the City
through CIP
projects, with
Housing Element
VIII-197
Grand Terrace General Plan Draft | May 2024
Program Specific Commitment Timeline Geographic
Targeting
2023 – 2031
Metric
improvements, safe routes to schools, community facilities, park improvements, and other community amenities.
Specific efforts include:
• Street improvement and sidewalk repair ($1.3 million in pavement rehabilitation and $160,000 in neighborhood street lighting, sidewalk repair projects along Barton Road) • Upzoning to allow increased housing choice and opportunities private investment. • Geographic targeting of assistance programs in northwestern areas of the City. 20% of
funding and
improvements
in the
northwest
portion of the
City.
Implement at
least two CIP
projects
during the
planning
period.
Program 1
Adequate
Sites to
Accommoda
te Regional
Housing
Needs
To accommodate for a shortfall of sites and provide for adequate sites, the City is rezoning 97.3 total acres to allow for housing at a density of 20 – 40 du/acre. By upzoning for considerable capacity beyond the RHNA, the City is encouraging housing mobility, creating housing opportunity, and ensuring there is adequate capacity to meet the RHNA.
The City has identified 20 parcels (24.2 acres) from this rezone to meet the RHNA. Rezoned sites will comply with the requirements of Government Code Sec. 65583.2(h) which states that cities must have a program to facilitate by-right approval for projects that include at least 20 percent of the units for lower-income housing on rezoned low-income sites. Rezoned sites needed to meet the RHNA shall comply with the following:
• Permit owner-occupied and rental multifamily uses by-right for developments in which 20 percent or more of the units are affordable to lower-income households; • Accommodate a minimum of 16 units per site;
• Require a minimum density of 20 units per acre;
• Or, at least 50 percent of the lower-income need must be accommodated on sites designated for residential use only or on sites zoned for mixed uses that accommodate all of the very low and low-income housing need, if those sites allow 100 percent residential use, and require residential use occupy 50 percent of the total floor area of a mixed-use project.
Additionally, the six RHNA sites with existing, single-family residential uses will be subject to a replacement housing policy. The replacement housing policy will comply with all provisions of Government Code section 65915, subdivision (c) (3).
Pursuant to the statutory requirements of Government Code Sections 65583.2(c), amend the Zoning Ordinance to require by-right approval of any “reuse” 4th and 5th Cycle sites being used to meet the 6th Cycle RHNA, if 20 percent of the units in the development are affordable to lower-income households. There Amendments
by October
2024; Ongoing
implementatio
n through the
planning
period. .
Rezones as
soon as
possible
following
adoption.
In the rezone
areas
Rezone the
identified 20
parcels (24.2
acres) with
sufficient area
and
development
standards to
accommodate
the City’s
RHNA
allocation
throughout
the planning
period. Update
Zoning and
Land Use
maps
accordingly.
Monitor
progress
through
Annual
Progress
Reports
Housing Element
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Grand Terrace General Plan Draft | May 2024
Program Specific Commitment Timeline Geographic
Targeting
2023 – 2031
Metric
are four sites in the housing element that are subject to this provision, APNs 116720103, 027521109, 027641102, and 027641127.
Program 3
Facilitate
Developme
nt of
Affordable
and Special
Needs
Housing
The City will provide a set of incentives for and technical assistance to developers for housing projects that are affordable or for special needs households. Special needs households covers all types of special needs households including persons with disabilities, persons experiencing homelessness, female-headed households, senior housing, transitional youth housing, or any other identified special need housing type not listed.
Specifically, the City will:
• Allow and assist developers in using Planned Residential Development standards, which allows for density bonuses when energy efficient construction is incorporated into projects. • Provide density bonus and other incentives consistent with state law • Provide expedited processing for projects that provide housing for lower-income and/or special needs households, including senior, extremely-low income households, housing for those with disabilities, or any other identified special needs household • Assistance in preparing applications for lower-income households and households with special needs, including seniors, those with disabilities, or any other identified special needs household • As funding allows, reduce development fees for extremely-low income housing projects. Seek funding sources to assist with extremely-low income housing development. • Seek funding to support the health and quality of the mobile homes in the northwestern area of the City through funding opportunities including but not limited to the Mobilehome Park Rehabilitation and Resident Ownership Program (MPRROP) and Manufactured Housing Opportunity and Revitalization Program (MORE).
Additionally, the City will annually contact developers of all special needs and lower income housing to assist in development where feasible by:
o Assisting and supporting new applications.
o Providing priority processing,
o Evaluate fee deferrals or subsidies and design modifications. o Facilitating site acquisition.
o Hosting an annual workshop, or comparable outreach, to developers to provide information on the City’s regulations regarding housing development, opportunities and sites available for development, and the City’s development incentives.
Ongoing
through
planning
period; annual
outreach event
for developers,
seek funding
opportunities
annually with
at least one
mobile home
funding
application by
Q3 2026,
establish
internal
expedited
permit process
by Q1 2026.
Citywide Support
affordable and
special needs
housing
production
Housing Element
VIII-199
Grand Terrace General Plan Draft | May 2024
Program Specific Commitment Timeline Geographic
Targeting
2023 – 2031
Metric
Program 7
Multifamily
Housing
Bonds
The San Bernardino County CDH Department operates a Multifamily Residential Rental Housing Revenue Bond program. This Program can be used for new construction, acquisition, and/or rehabilitation of multifamily housing developments. A specified number of units are required to remain affordable to eligible, low-income households for a specified number of years after the initial financing is provided.
Information on this Program will be provided on the City’s website, including links to the respective Programs and posted biennially in the local newspaper. The City will provide technical assistance to applicants who are looking to participate in this program in Grand Terrace.
Continuously
throughout the
planning
period
Citywide Produce,
acquire,
and/or
rehabilitate at
least 10 units
of affordable
multi-family
housing
throughout
the planning
period
Technical
assistance to
two projects in
the planning
period.
Place-based Improvements
Program 19
Place-Based
Improveme
nts
The City has multiple projects in its Capital Improvements Plan identified to improve mobility, and active transportation opportunities, and park quality in the northwestern part of the City. The City will continue to prioritize the Capital Improvement Program and implement broader planning efforts, including seeking additional funding. This will serve to continue to improve communities through neighborhood improvements such as enhanced streetscapes, multi-modal and active transportation, pedestrian safety improvements, safe routes to schools, community facilities, park improvements, and other community amenities.
Specific efforts include:
Street improvement and sidewalk repair ($1.3 million in pavement rehabilitation and $160,000 in neighborhood street lighting, sidewalk repair projects along Barton Road) Upzoning to allow increased housing choice and opportunities private investment.
Geographic targeting of assistance programs in northwestern areas of the City.
As planned in
CIP schedule
Northwester
n area of the
City
Improve lower
resource areas
of the City,
with 20% of
funding and
improvements
in the
northwest
portion of the
City.
Implement at
least two CIP
projects
during the
planning
period.
Program 18
Home
Neighborhood Housing Services of the Inland Empire (NHSIE) is a non-profit organization that operates a low-cost Homes N’ Hammer program designed to educate residents on minor home improvements and repairs. The four-hour workshop includes: functioning of the home’s major plumbing and electric systems, Schedule one
workshop per
year
15% of
assistance to
households
Maintenance
and
conservation
Housing Element
VIII-200
Grand Terrace General Plan Draft | May 2024
Program Specific Commitment Timeline Geographic
Targeting
2023 – 2031
Metric
Improveme
nt
repair methods, replacing and maintaining drywall, replacing window screens, fixing garbage disposals, toilet mechanisms, health and safety issues and tips for hiring a professional contractor for home repairs, etc.
Neighborhood Partnership Housing Services, Inc. (NPHS) is a non-profit organization that operates a Healthy Homes Grant program. This program provides home safety repair grants to low-income senior homeowners and homeowners with permanent mobility disabilities.
Information on these programs will be provided on the City’s website, including web links to the NHSIE and NPHS websites, and posted biennially in the local newspaper. The City will reach out to NHSIE and NPHS during the planning period to explore partnership options for expanding programs in Grand Terrace and opportunities for the City to provide technical assistance to homeowners participating in these programs. throughout the
planning
period; post
information
about these
organizations
biennially in
the local
newspaper.
Coordination
with NHSIE
and NPHS
annually.
in the
northwest
area
of at least 20
homes
Program 21
Homeless
Assistance
and
Coordinatio
n
The City will continue to participate in and provide staff support for the various homeless programs operated by the San Bernardino County Homeless Partnership, including participation in the Point-in-Time Homeless Survey.
Ongoing
throughout the
planning
period
Citywide Support
efforts to
reduce
homelessness
Displacement Prevention
Program 18
Home
Improveme
nt Technical
Assistance
Neighborhood Housing Services of the Inland Empire (NHSIE) is a non-profit organization that operates a low-cost Homes N’ Hammer program designed to educate residents on minor home improvements and repairs. The four-hour workshop includes: functioning of the home’s major plumbing and electric systems, repair methods, replacing and maintaining drywall, replacing window screens, fixing garbage disposals, toilet mechanisms, health and safety issues and tips for hiring a professional contractor for home repairs, etc.
Neighborhood Partnership Housing Services, Inc. (NPHS) is a non-profit organization that operates a Healthy Homes Grant program. This program provides home safety repair grants to low-income senior homeowners and homeowners with permanent mobility disabilities.
Information on these programs will be provided on the City’s website, including web links to the NHSIE and NPHS websites, and posted biennially in the local newspaper. The City will reach out to NHSIE and NPHS during the planning period to explore partnership options for expanding programs in Grand Terrace and opportunities for the City to provide technical assistance to homeowners participating in these programs.
Schedule one
workshop per
year
throughout the
planning
period; post
information
about these
organizations
biennially in
the local
newspaper.
Coordination
with NHSIE
and NPHS
annually.
15% of
assistance to
households
in the
northwest
area.
Maintenance
and
conservation
of at least 20
homes
Housing Element
VIII-201
Grand Terrace General Plan Draft | May 2024
Program Specific Commitment Timeline Geographic
Targeting
2023 – 2031
Metric
Program 19
Place-Based
Improveme
nts
The City has multiple projects in its Capital Improvements Plan identified to improve mobility, and active transportation opportunities, and park quality in the northwestern part of the City. The City will continue to prioritize the Capital Improvement Program and implement broader planning efforts, including seeking additional funding. This will serve to continue to improve communities through neighborhood improvements such as enhanced streetscapes, multi-modal and active transportation, pedestrian safety improvements, safe routes to schools, community facilities, park improvements, and other community amenities.
Specific efforts include:
Street improvement and sidewalk repair ($1.3 million in pavement rehabilitation and $160,000 in neighborhood street lighting, sidewalk repair projects along Barton Road) Upzoning to allow increased housing choice and opportunities private investment.
Geographic targeting of assistance programs in northwestern areas of the City.
As planned in
CIP schedule
Northwester
n area of the
City
Improve lower
resource areas
of the City,,
with 20% of
funding and
improvements
in the
northwest
portion of the
City.
Implement at
least two CIP
projects
during the
planning
period.
Program 17
Code
Enforcemen
t
The City will continue code enforcement efforts to maintain the value and safety of structures. The program addresses substandard structures, accumulation of trash and debris, inoperable vehicles, graffiti, and land use violations. Programs include, but are not limited to non-owner occupied inspection program, and exploring new methods for eliminating deteriorated or unsightly property conditions in residential areas.
The City’s Code Enforcement Department operates on a reactive basis and investigates approximately 700 code cases annually. Based on code enforcement trends, the City estimates that approximately 20 cases annually will be inspected for a variety of safety issues. Code enforcement will investigate and provide information on housing assistance programs in such cases.
Additionally, the City’s Code Enforcement operates the City’s Non-Owner Occupied/Rental Property Program, which consists of an annual exterior inspection to ensure the property is maintained and to check if violations exist and are a habitual condition of the property. If violations are discovered during the exterior inspection, the property owner is notified and given ample time to make corrections. The inspections help to ensure the quality of the rental housing stock in the City. The City will continue to operate this program and will provide property owners with violations information on housing assistance and funding opportunities to improve their units (see Program 18 below).
To evaluate the current housing conditions provide a better understanding of the amount of substandard housing, the City will conduct a ground survey of a sample of units geographically spread throughout the City. At least 30 units across the City will be included, and the survey will be conducted by Q2 2026.
Ongoing
throughout the
planning
period
Northwester
n area of the
City
Maintenance
and
conservation;
provide
information
on housing
assistance to
30 households
annually.
Housing Element
VIII-202
Grand Terrace General Plan Draft | May 2024
APPENDIX A: RHNA SITES INVENTORY MAP
Housing Element
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Grand Terrace General Plan Draft | May 2024
Housing Element
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Grand Terrace General Plan Draft | May 2024
APPENDIX B: RHNA SITES INVENTORY
APN Address Zip Code Existing Use Acreage Zoning
(Current)
Zoning
(Proposed) General Plan Min. Density
Max.
Density
Existing
Units
Very
Low Low Moderate Above Moderate
Total
Units Infrastructure Publicly Owned
4th
Cycle
5th
Cycle
116728101 12667 MICHIGAN ST 92313 Small church 4.54 R1-7.2 R4 Low Density Residential 20 40 0 0 0 0 100 100 YES NO NO NO
116720103 Northeast of Pico St
and Sandburg Way 92324 Vacant 2.61 R1-7.2 R4 Low Density Residential 20 40 0 44 30 0 0 74 YES NO YES YES 116727102 Van Buren Street, east
of 12513 92324 Vacant 0.48 R1-7.2 R4 Low Density Residential 20 40 0 0 0 14 0 14 YES NO NO NO 116716115 Rene Lane west of
22023 92313 Vacant 0.32 R1-7.2 R4 Low Density Residential 20 40 0 0 0 10 0 10 YES NO NO NO 116716112 Rene Lane east of
22011 92313 Vacant 0.32 R1-7.2 R4 Low Density Residential 20 40 0 0 0 10 0 10 YES NO NO NO 116716131 22000 DE BERRY ST 92313 Single Family
Residential 0.64 R1-7.2 R4 Low Density Residential 20 40 1 10 7 17 YES NO YES YES 116724101 12201 MICHIGAN ST 92313 Single Family
Residential 1.08 R1-7.2 R4 Low Density Residential 20 40 1 0 0 30 0 30 YES NO NO NO 116717102 De Berry Street east of
22009 92324 Vacant 0.53 R1-7.2 R4 Low Density Residential 20 40 0 9 6 0 0 15 YES NO NO NO 027523171 0 LA CROSSE AVE 92324 Vacant 1.08 R2 R4 Medium Density Residential 20 40 0 19 12 0 0 31 YES NO NO NO
027641128 North of Barton Road
and Victoria Street
92324 Vacant 0.65 R1-10 R4 Low Density
Residential 20 40 0 11 8 0 0 19 YES NO NO NO
027641102 North of Barton Road
and Victoria Street
92324 Vacant 3.10 R1-10 R4 Low Density
Residential 20 40 0 37 25 0 0 62 YES NO YES YES
027641127 North of Barton Road
and Victoria Street
92324 Vacant 1.68 R1-10 R4 Low Density
Residential 20 40 0 20 14 0 0 34 YES NO YES YES
027620261 Palm Avenue, directly
east of 22756
92324 Vacant 0.52 BRSP-AP R4 Office Commercial 20 40 0 9 6 0 0 15 YES NO NO NO 027620247 Palm Avenue, directly
west of 22822 92324 Vacant 0.47 BRSP-AP R4 Office Commercial 20 40 0 0 0 14 0 14 YES NO NO NO 116718110 22040 VAN BUREN ST 92324 Single Family
Residential 0.23 CM R4 General Commercial 20 40 1 0 0 6 0 6 YES NO NO NO 116718111 12490 MICHIGAN AVE 92324 Commercial and
Services 0.36 CM R4 General Commercial 20 40 0 0 0 11 0 11 YES NO NO NO 116718108 12458 MICHIGAN ST 92324 Single Family
Residential 0.69 CM R4 General Commercial 20 40 1 11 8 0 0 19 YES NO NO NO 116718109 12466 MICHIGAN ST 92324 Single Family
Residential 0.76 CM R4 General Commercial 20 40 1 13 8 0 0 21 YES NO NO NO 027521136
Corner of Newport Ave
and Grand Terrace
Road
92324 Vacant 0.20 R2 R4 Medium Density
Residential 20 40 0 0 0 6 0 6 YES NO NO NO
027521109 22051 GRAND
TERRACE AVE 92392 Single Family Residential 3.93 R2 R4 Medium Density Residential 20 40 1 58 0 44 9 111 YES NO NO YES
Housing Element
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Grand Terrace General Plan Draft | May 2024
Housing Element
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Grand Terrace General Plan Draft | May 2024
APPENDIX C: PUBLIC PARTICIPATION
SUMMARY
California law requires that local governments include public participation as part of the housing element. Specifically, Government Code section 65583(c)(7) states “that the local government shall make a diligent effort to achieve public participation of all economic segments of the community in the development of the housing element, and the program shall describe this effort.” Early in the Housing Element update process the City created a webpage where meeting notices, draft documents and other housing references were posted.
https://www.grandterrace-ca.gov/departments/planning_development_services In addition, a Housing Element Frequently Asked Questions was prepared and posted on the City website.
The Planning Commission conducted a public workshop on June 17, 2021 to provide the Commission and interested stakeholders an overview of the purpose and statutory requirements governing Housing Elements. Notices of the workshop were posted at City Hall, on the City website, in the Blue Mountain Outlook, which is delivered to all property owners in the City, and was also sent to the organizations listed below that represent the housing interests of lower-income households and persons with special needs.
After posting a draft Housing Element on October 15, 2021, public meetings were conducted by the Planning Commission on October 21 and the City Council on October 26, 2021. Notice of these meeting were also sent to organizations listed on the following page that have an interest in housing within the City.
Following review by the Planning Commission, City Council and interested stakeholders, the draft Housing Element was submitted to the California Department of Housing and Community Development (HCD) for review pursuant to State law.
HCD comments were received and a revised draft Housing Element was prepared addressing HCD comments. Duly noticed public hearings were held before the Planning Commission on October 21, 2021 and City Council on November 9, 2021 to consider HCD comments and the revised draft Housing Element. Notice of all meetings was sent to the list of interested parties shown below.
Housing Element
VIII-207
Grand Terrace General Plan Draft | May 2024
Housing Element Stakeholder List
Corporation for Better Housing
15303 Ventura Boulevard, Suite 1100
Sherman Oaks, CA 91403
HDSI Management
3460 S. Broadway
Los Angeles, CA 90007
Jamboree Housing Corporation
17701 Cowan Ave. Suite 200
Irvine, CA 92614
Affirmed Housing Group
13520 Evening Creek Dr. North, Ste. 160
San Diego, CA 92128
The Olson Company
30200 Old Ranch Pkwy, #250
Seal Beach, CA 90740
So. Calif. Housing Development Corp.
8265 Aspen Street, Suite 100
Rancho Cucamonga, CA 91730
RC Hobbs Company
1110 E. Chapman Ave., Suite 206
Orange, CA 92866
LINC Housing Corporation
110 Pine Avenue, Suite 500
Long Beach, CA 90802
Palm Desert Development Company
P.O. Box 3958
Palm Desert, CA 92261
Riverside Housing Development Corp.
4250 Brockton Ave.
Riverside, CA 92501
Inland Fair Housing and Mediation Board
10681 Foothill Blvd, Suite 101,
Rancho Cucamonga, CA 91730
National CORE
9421 Haven Avenue
Rancho Cucamonga, CA 91730
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
County of San Bernardino
Land Use Services
385 N. Arrowhead Ave. First Floor
San Bernardino, CA 92415-0182
City of Rialto
150 S. Palm Ave.
Rialto, CA 92376
City of Riverside
Public Utilities Department
Water Engineering Division
3750 University Ave. 3rd FL
Riverside, CA 92501
City of San Bernardino
290 N. D Street
San Bernardino, CA 92401
City of Loma Linda
25541 Barton Rd.
Loma Linda, CA 92354
City of Colton
Development Services
659 N La Cadena Drive
Colton, CA 92324
Time for Change Foundation
PO Box 25040
San Bernardino, CA 92406
Riverside Highland Water
Don Hough, General Manager
12374 Michigan Street
Grand Terrace, CA 92313
San Bernardino County LAFCO
1170 W 3rd St #150
San Bernardino, CA 92415
San Bernardino County Housing Authority
715 E. Brier Drive
San Bernardino, CA 92408
Colton Water/Wastewater Division
106 S 10th Street
Colton, CA 92324
San Bernardino County Community
Development & Housing Dept
385 N. Arrowhead Ave., 3rd Floor
San Bernardino, CA 92415
Lighthouse Social Service Centers
Karyn Young-Lowe, MSW President
1003 E. Cooley Drive, Suite # 205
Colton, CA 92324
Aegis Builders
Darryl Moore
2331 W. Lincoln Avenue
Anaheim, CA 92801
Greens INV 15, LLC
Atman Kadakia, Managing Principal
8815 Research Drive
Irvine, CA 92618
Lewis Management Corp.
Adam Collier
1156 N. Mountain Avenue
Upland, CA 91786
Housing Element
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Housing Element
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Grand Terrace General Plan Draft | May 2024
Housing Element
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Housing Element
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Housing Element
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Housing Element
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Housing Element
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Housing Element
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Housing Element
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APPENDIX D: SAMPLE HOUSING
CONDITION SURVEY
9755 Clairemont Mesa Blvd., Suite 100 | San Diego, CA 92124 MBAKERINTL.COM Office: 619-614-5000 | mbakerintl.com
Public Comments Exhibit
Date: February 27, 2025
Subject: 2021–2029 Housing Element – Responses to Public Comments Responses to Public Comments
The following questions and comments were sent to the City regarding the housing element. The responses to these comments are included below and do not require further housing element revisions.
1. Gateway is approved and not proposed or under review.
The status of projects have likely changed since the original housing element draft was written in 2021. The housing element represents the status at the time of drafting or at the start of the planning period, and does not need to be continually updated as projects progress. The current status of projects will be updated in the Annual Progress Report (APR).
2. Page VIII-58: It’s suggested in the paragraph before the last paragraph that the Gateway SP is further discussed in the Sites and Resources chapter. I did not locate this referenced chapter in the document.
The Sites and Resources chapters are Sections 8.5 and 8.8 as noted in the Table of Contents.
3. Page VIII-103 Table 8.40 shows 695 max unit for Gateway, but Page VIII-112 states that the Gateway SP consists of 748 units, which is incorrect. 695 is the correct maximum number.
The housing element includes projections for upcoming projects, and the actual number of units built will be updated in the APR. Since Gateway was not included towards meeting the Regional Housing Needs Allocation (RHNA), the number of units projected in the housing element has no effect on the RHNA Sites and does not need to be revised.
4. Pages VIII-113 through VIII-115 contain a statement that says “[t]he use is similar to the single family homes in the Gateway Specific Plan redevelopment.” This is an incorrect reference to our project as it’s not a redevelopment and the SP includes an array of housing types such as multifamily, small-lots, motorcourts, and not particularly single family homes.
This statement refers to the use prior to redevelopment of the Site. The purpose of this section is to show that prior uses of recently or soon-to-be redeveloped sites are similar to the existing uses of RHNA sites on which potential redevelopment is being projected. The site contained single-family homes prior to the Gateway Specific Plan, so that is the use being referenced.
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
651 Bannon Street, Suite 400
Sacramento, CA 95811
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
November 13, 2024
Konrad Bolowich, City Manager
City of Grand Terrace
22795 Barton Road
Grand Terrace, CA 92313
Dear Konrad Bolowich:
RE: City of Grand Terrace’s 6th Cycle (2021-2029) Revised Draft Housing Element Thank you for submitting the City of Grand Terrace’s (City) revised draft housing element received for review on October 24, 2024. Pursuant to Government Code section 65585, subdivision (b), the California Department of Housing and Community Development (HCD) is reporting the results of its review.
The revised draft housing element meets the statutory requirements described in HCD’s July 29, 2024 review. The housing element will substantially comply with State Housing Element Law (Gov. Code, § 65580 et seq) when it is adopted, submitted to, and approved by HCD, in accordance with Government Code section 65585, subdivision (g) and all rezones are completed per Government Code section 65588, subdivision (e)(4.
Pursuant to Assembly Bill 1398 (Chapter 358, Statutes of 2021), a jurisdiction that does not adopt a compliant housing element within one year from the statutory deadline cannot be found in compliance until rezones to accommodate a shortfall of sites pursuant to Government Code section 65583, subdivision (c), paragraph (1), subparagraph (A) and Government Code section 65583.2, subdivision (c) are completed. As this year has passed and Program 1 (Adequate Sites) has not been completed, the housing element is out of compliance and will remain out of compliance until the rezoning have been completed.
Public participation in the development, adoption and implementation of the housing element is essential to effective housing planning. Throughout the housing element process, the City must continue to engage the community, including organizations that represent lower-income and special needs households, by making information regularly available while considering and incorporating comments where appropriate. Please be aware, any revisions to the element must be posted on the local government’s website and to email a link to all individuals and organizations that have previously requested
Konrad Bolowich, City Manager
notices relating to the local government’s housing element at least seven days before submitting to HCD.
For your information, pursuant to Government Code section 65583.3, subdivision (b), the City must utilize standards, forms, and definitions adopted by HCD when preparing the sites inventory and submit an electronic version of the sites inventory. While the City has submitted an electronic version of the sites inventory, if changes occur, any future re-adopted versions of the element must also submit the electronic version of the sites inventory.
Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant, the Affordable Housing and Sustainable Communities programs, and HCD’s Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the City will meet housing element requirements for these and other funding sources.
For your information, some general plan element updates are triggered by housing element adoption. HCD reminds the City to consider timing provisions and welcomes the opportunity to provide assistance. For information, please see the Technical Advisories issued by the Governor’s Office of Planning and Research at:
https://www.opr.ca.gov/planning/general-plan/guidelines.html.
HCD appreciates the hard work and dedication of the housing element update team and looks forward to receiving the City’s adopted housing element. If you have any questions or need additional technical assistance, please contact Emily Hovda, of our staff, at [email protected].
Sincerely,
Melinda Coy
Proactive Housing Accountability Chief
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AGENDA REPORT
MEETING DATE: March 25, 2025
TO: CITY COUNCIL
FROM: Scott Hutter, Planning & Development Services Director AGENDA TITLE: ZONING CODE AMENDMENT (ZCA) 24-04: INTRODUCTION
AND FIRST READING OF AN ORDINACE OF THE CITY
COUNCIL OF GRAND TERRACE, CALIFORNIA, APPROVING
ZONING CODE AMENDMENT (ZCA) 24-04, TO CLEAN-UP THE
MUNICIPAL CODE BY REMOVING CONFLICTING
REGULATIONS TO BETTER ADMINISTER THE MUNICIPAL
CODE IN A CONSISTENT MANNER BY AMENDING THE GRAND
TERRACE MUNICIPAL CODE CHAPTER 5.06 (HOME
OCCUPATION PERMITS) TO REDUCE PROCESSING TIME
FOR HOME OCCUPACTION PERMITS; CHAPTER 5.40
(GARAGE SALES) TO ADJUST THE TIME GARAGE SALES CAN
OCCUR; CHAPTER 5.42 (INTEGRATED WASTE
MANAGEMENT) TO ADJUST THE TIME TRASH COLLECTION
OCCURS IN DIFFERENT LAND USES; CHAPTER 5.48
(MASSAGE PARLORS AND MASSAGE TECHNICIANS) TO
ADJUST THE TIME MASSAGE PARLORS CAN OPERATE;
CHAPTER 8.108 (NOISE) TO ADOPT SOUND CRITERIA AND
SOUND MEASUREMENT STANDARDS; CHAPTER 8.112
(FIREWORKS) TO ADJUST THE TIME FIREWORKS CAN
OCCUR; CHAPTER 9.05 (VENDING ON CITY SIDEWALKS) TO
ADJUST THE TIME SIDEWALK VENDING CAN OCCUR AND TO
ADD A SECURITY CAMERA REQUIREMENT FOR SIDEWALK
VENDING; CHAPTER 10.16 (STORAGE OF VEHICLES –
INTERSECTION OBSTRUCTION) TO REMOVE RECREATIONAL
VEHICLES FROM THE CHART AS THEY ARE ALREADY
REGULATED IN ANOTHER ZONING SECTION; CHAPTER 12.32
(CONDUCT ON PUBLIC PROPERTY – PARKS) TO ADJUST THE
TIME THAT CITY PARKS ARE OPEN; CHAPTER 12.56
(WIRELESS TELECOMMUNICATIONS FACILITIES IN THE
PUBLIC RIGHT-OF-WAY) TO ADJUST THE TIME THAT BACKUP
GENERATORS CAN RUN IN THE PUBLIC RIGHT-OF-WAY;
CHAPTER 15.56 (WATER EFFICIENT LANDSCAPE) TO ADD A
DEFINITION FOR OVERHEAD IRRIGATION; CHAPTER 18.10
(RESIDENTIAL DISTRICTS) TO ADJUST THE MAXIMUM
NUMBER OF MULTIPLE-FAMILY BEDROOMS ALLOWED IN A
MULTIPLE-FAMILY UNIT AND THE MINIMUM SQUARE
FOOTAGES OF THE UNIT PER BEDROOM COUNT; CHAPTER
18.53 (AG AGRICULTURAL OVERLAY DISTRICT) TO REQUIRE
A CONDTIONAL USE PERMIT APPROVAL FOR IRRIGATION;
CHAPTER 18.56 (AG-2 AGRICULTURAL 2 OVERLAY DISTRICT)
TO REQUIRE A CONDTIONAL USE PERMIT FOR IRRIGATION;
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CHAPTER 18.64 (OBJECTIVE DESIGN STANDARDS) TO
ADJUST MINIMUM LEED REQUIREMENT FOR AN OBJECTIVE
DESIGN STANDARDS PROJECT FROM PLATINUM TO
DEVELOPER’S CHOICE OF CERTIFIED, SILVER, GOLD, OR
PLATIMUM; CHAPTER 18.80 (SIGNS) TO ADJUST THE TIMES
THAT TEMPOROARY SIGNAGE CAN BE DISPLAYED AND
WHEN COMMERICAL SIGNS CAN BE ILLUMINATED
ADJACENT TO RESIDENTIAL LAND USES; AND CHAPTER
18.82 (STANDARDS FOR SPECIFIED LAND USES AND
ACTIVITIES) TO ADJUST THE TIME THAT RESIDENTIAL CARE
FACILITIES CAN HAVE OUTDOOR ACTIVITIES.
CEQA: The Adoption Of The Proposed Ordinance Is Not A “Project” That Is Subject To CEQA Review Because It Will Not Result In Direct Physical Change In The Environment, Or A Reasonably Foreseeable Indirect Physical Change In The Environment. (See, §15061(b)(3) – Common Sense Exemption.)
RECOMMENDATION:
It is recommended that the City Council take the following actions:
1) Conduct a public hearing; and
2) INTRODUCE AN ORDINANCE APPROVING ZONING CODE AMENDMENT (ZCA) 24- 04 TO AMEND THE GRAND TERRACE MUNICIPAL CODE CHAPTER 5.06 (HOME
OCCUPATION PERMITS) TO REDUCE PROCESSING TIME FOR HOME
OCCUPACTION PERMITS; CHAPTER 5.40 (GARAGE SALES) TO ADJUST THE TIME GARAGE SALES CAN OCCUR; CHAPTER 5.42 (INTEGRATED WASTE
MANAGEMENT) TO ADJUST THE TIME TRASH COLLECTION OCCURS IN DIFFERENT LAND USES; CHAPTER 5.48 (MASSAGE PARLORS AND MASSAGE TECHNICIANS) TO ADJUST THE TIME MASSAGE PARLORS CAN OPERATE; CHAPTER 8.108 (NOISE) TO ADOPT SOUND CRITERIA AND SOUND MEASUREMENT STANDARDS; CHAPTER 8.112 (FIREWORKS) TO ADJUST THE TIME FIREWORKS CAN OCCUR; CHAPTER 9.05 (VENDING ON CITY SIDEWALKS)
TO ADJUST THE TIME SIDEWALK VENDING CAN OCCUR AND TO ADD A SECURITY CAMERA REQUIREMENT FOR SIDEWALK VENDING; CHAPTER 10.16 (STORAGE OF VEHICLES – INTERSECTION OBSTRUCTION) TO REMOVE
RECREATIONAL VEHICLES FROM THE CHART AS THEY ARE ALREADY REGULATED IN ANOTHER ZONING SECTION; CHAPTER 12.32 (CONDUCT ON PUBLIC PROPERTY – PARKS) TO ADJUST THE TIME THAT CITY PARKS ARE OPEN; CHAPTER 12.56 (WIRELESS TELECOMMUNICATIONS FACILITIES IN THE
PUBLIC RIGHT-OF-WAY) TO ADJUST THE TIME THAT BACKUP GENERATORS CAN RUN IN THE PUBLIC RIGHT-OF-WAY; CHAPTER 15.56 (WATER EFFICIENT LANDSCAPE) TO ADD A DEFINITION FOR OVERHEAD IRRIGATION; CHAPTER
18.10 (RESIDENTIAL DISTRICTS) TO ADJUST THE MAXIMUM NUMBER OF
MULTIPLE-FAMILY BEDROOMS ALLOWED IN A MULTIPLE-FAMILY UNIT AND THE MINIMUM SQUARE FOOTAGES OF THE UNIT PER BEDROOM COUNT; CHAPTER
18.53 (AG AGRICULTURAL OVERLAY DISTRICT) TO REQUIRE A CONDTIONAL USE PERMIT APPROVAL FOR IRRIGATION; CHAPTER 18.56 (AG-2 AGRICULTURAL 2 OVERLAY DISTRICT) TO REQUIRE A CONDTIONAL USE
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PERMIT FOR IRRIGATION; CHAPTER 18.64 (OBJECTIVE DESIGN STANDARDS) TO
ADJUST MINIMUM LEED REQUIREMENT FOR AN OBJECTIVE DESIGN STANDARDS PROJECT FROM PLATINUM TO DEVELOPER’S CHOICE OF CERTIFIED, SILVER, GOLD, OR PLATIMUM; CHAPTER 18.80 (SIGNS) TO ADJUST
THE TIMES THAT TEMPOROARY SIGNAGE CAN BE DISPLAYED AND WHEN
COMMERICAL SIGNS CAN BE ILLUMINATED ADJACENT TO RESIDENTIAL LAND USES; AND CHAPTER 18.82 (STANDARDS FOR SPECIFIED LAND USES AND
ACTIVITIES) TO ADJUST THE TIME THAT RESIDENTIAL CARE FACILITIES CAN HAVE OUTDOOR ACTIVITIES; AND FIND ZCA 24-04 ENVIRONMENTALLY EXEMPT PURSUANT TO SECTION 15061(B)(3) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES.
2030 VISION STATEMENT:
This project supports Goal 3 to promote economic development by preparing for future development by updating the zoning and municipal codes to ensure land use and operation standards are current per the Land Use Element Implementation Plan Goals 2.1 and 2.3 and Policies 2.1.4 and 2.3.5.
SUMMARY:
The City of Grand Terrace proposes an Ordinance to approve Zoning Code Amendment (ZCA) 24-04 (Attachment 1) to bring specific updates to various chapters in the Municipal Code to the Planning Commission and City Council to streamline the Municipal Code and ensure internal consistency. Updates to the code include streamlining Home Occupation Permit Process, updating hours of various activities from garage sales to fireworks, and most notably incorporating noise standards applicable to residential and nonresidential land uses.
BACKGROUND:
At the July 23, 2024, City Council Meeting the City Council directed City staff to review the Municipal Code to ensure that business hours are internally consistent with the hours allotted for noise in the Municipal Code. At the time it was clear that the exercise would encompass a wide range of Municipal Code Chapters and Sections. City staff reviewed the Municipal Code to identify sections pertaining to noise that are to be amended along with identifying other outdated or unnecessary provisions.
On November 21, 2024, and February 27, 2025, the Planning Commission / Site Architectural Review Board conducted a Public Hearing on ZCA24-04 at the Grand Terrace City Council Chambers located at 22795 Barton Road, Grand Terrace, California 92313. The Planning Commission concluded the hearing on February 27, 2025, with adoption of Planning Commission Resolution subject inclusion of Planning Commission / Site Architectural Review Board recommendations.
Planning Commission Recommendations from the November 21, 2024, Public Hearing date are:
• Revise Chapter 5.40 GARAGE SALES to start at 7:00a.m. and to end at sunset and to use “sunset” uniformly throughout ZCA 24-04 in place of dusk. • (Chapter 5.40 was revised accordingly to fix the language).
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• Revise Chapter 5.42 INTEGRATED WASTE MANAGEMENT to use “or their designee” uniformly throughout ZCA 24-04.
• (Chapter 5.42 was revised accordingly to fix the language). • Revise Chapter 8.108 NOISE to incorporate standards that address commercial and residential areas and ensure automotive repair ends at sunset. • (Chapter 8.108 was revised accordingly with inspiration drawn from neighboring City Loma Linda’s noise standards).
• Revise Chapter 9.05 VENDING ON CITY SIDEWALKS to require “sidewalk vending security camera” for all sidewalk vendors.
• (Chapter 9.05 was revised accordingly to include camera requirement). • Revise Chapter 15.56 WATER EFFICIENT LANDSCAPE to address residential versus agricultural overhead irrigation and to check with the water purveyor. • (Chapter 5.40 was revised accordingly to address agricultural overhead watering with a Conditional Use Permit).
Planning Commission Recommendations from the February 27, 2025, Public Hearing date are:
• Revise Chapter 8.108 NOISE to add a new section under 8.108.030 EXEMPTIONS to address railroad and locomotive noise. The new section will exempt sounds and noise generated by railroad operations, including train whistles, horns, and warning signals, in compliance with applicable federal, state, or local regulations. • Revise Chapter 8.108 NOISE to add the phrase "approved by the City" to Section
8.108.030 F for clarity.
• Revise Chapter 8.108 NOISE to eliminate Section 8.108.040 (C) and create a new section under 8.108.050 titled "Construction Activities.”
• Revise Chapter 8.108 NOISE to specify the end of maintenance of real property at sunset and to consistently use the term "sunset" throughout ZCA 24-04, replacing "dusk." • Revise Chapter 8.108.050 PROHIBITED NOISE to specify that the horn noise restriction shall not apply to railroads and trains.
• Revise Chapter 8.108 NOISE to clarify the conditions under which noise becomes a nuisance by amending Section 8.108.070, Mixed-use development, to include the following language: “, when the noise exceeds the standards established by the performance standards."
• Revise Chapter 8.108 NOISE to clarify the conditions under which noise becomes a nuisance by amending Section 8.108.080, Infill single-family residential development, to include the following language: “, when the noise exceeds the standards established by the performance standards."
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• Revise Chapter 8.108 NOISE to remove the quotation under Section 8.108.110. • Revise Chapter 9.05 VENDING ON CITY SIDEWALKS to add the term "persons" to the locations where a surveillance camera can be installed in Section 9.05.010, Definitions. • Revise Chapter 9.05 VENDING ON CITY SIDEWALKS to replace “if applicable” with “if selling of food” to Section 9.05.020 Selling food or merchandise—Operational requirements.
• Revise Chapter 9.05 VENDING ON CITY SIDEWALKS to include the requirement that "the vendor must be able to provide video upon request by City Officials and must have at least one week's worth of video storage."
• Revise Chapter 15.56 WATER EFFICIENT LANDSCAPE to add the word "regularly" to "shall be scheduled" in Section 15.56.130 Irrigation Scheduling.
This ZCA 24-04 represents Planning Staffs proposed edits and the Planning Commission/Site and Architectural Review Boards recommendations.
ANALYSIS:
The Zoning Code Amendment (ZCA) 24-04 amends the City’s Municipal Code and a summary of the text edits to the Municipal Code in ZCA 24-04 are listed below in chronological order:
1. Amend Section 5.06.050 (Evaluation and Notice) of Chapter 5.06 (Home Occupation Permits) relating to notice being given to all owners of contiguous property only if the “home occupation” fails to comply with one or more of the required criteria. If the applicant is compliant then it would not have to go through the lengthy double notification process with notification of the application to the adjacent neighbors and the approval notification to the adjacent neighbors. Feedback is the current process is lengthy and cumbersome for home-based businesses. This should correct that to a large extent.
2. Amend Section 5.06.060 (Decision to Approve of Deny) of Chapter 5.06 (Home Occupation Permits) relating to establishing a timeline for City staff to approve a home occupation. Establishes ten (10) day review for compliant application and fourteen (14) day review period for non-compliant application. The fourteen (14) day period includes a notice to adjacent property owners whereas the ten (10) day period does not as it did not make sense to have a compliant application be held up by noticing. It seemed to be important to notice if some aspect was not compliant and that was retained.
3. Amend Section 5.40.050 (Length – Frequency - Hours) of Chapter 5.40 (Garage Sales) relating to hours when the sale can occur. The garage sale start time is being changed from 8:00 a.m. to 7:00 a.m. which is an hour earlier. The garage sale end time is being changed from 8:00 p.m. to sunset which varies by season throughout the year. This change was made to the start time to be consistent with the standard hours of operation start time of 7:00 a.m. for non-residential land uses found under Section 18.27.020.
4. Amend Section 5.42.160 (Frequency of Removal) of Chapter 5.42 (Integrated Waste Management) relating to when the hours when waste collection can occur and whom at
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the City may modify said hours. Trash removal start times are being updated to reflect current contractual agreement with Burrtec which are as follows: 6:00 a.m. to 5:00 p.m.
Monday through Saturday for multiple family residential and commercial properties; and, 6:30 a.m. to 5:00 p.m. Monday through Saturday for single family residential properties; and, with any alternative hours up to the discretion of the City Manager.
5. Amend Section 5.48.110 (Hours of Operation – Food or Beverages) of Chapter 5.48 (Massage Parlors and Massage Technicians) relating to when the hours when a massage establishment can occur. The massage establishment end time is being changed from 10:00 p.m. to 11:00 p.m. which is an hour later. This change was made to be consistent with the standard hours of operation end time of 11:00 p.m. for nonresidential land uses found under Section 18.27.020.
6. Amended Section 8.108.010 (Intent) of Chapter 8.108 (Noise) relating to the intent of the noise ordinance. The incorporation of a community noise standards and ways to measure and minimize impacts are incorporated via reference now.
7. Add new Section 8.108.020.020 (Definitions) of Chapter 8.108 (Noise) relating to key terms defined that will aid in the application of the community standards in the noise ordinance. New defined terms are “A-weighted sound level (dB(A))”, “Community noise equivalent level (CNEL)”, “Cumulative time period”, “Day-night average level (Ldn)”, “Hearing board”, “Motor-driven vehicle”, “Noise”, “Noise level”, “Person”, “Residential property”, and “Simple tone noise”.
8. Amend Section 8.108.030 (Loud, annoying, excessive and unnecessary noises prohibited) of Chapter 8.108 (Noise) to clearly state any willfully made loud, unnecessary, unusual, excessive or unreasonable noise that disturbs a neighborhood is unlawful, notwithstanding any specified noise level.
9. Amend Section 8.108.040 (Exemptions) to expand to include city approved school and church events, government events, utility company projects and sirens and horns for emergencies. Exemption also covers traditional residential yard maintenance activities and automotive repair activities between 7:00 a.m. and 8:00 p.m. Pool equipment and air conditioning condensers that are permitted and installed per building and planning setbacks are also exempted.
10. Amend Section 8.108.050 (Special Activities) of Chapter 8.108 (Noise) relating to when the hours when a noise associated with construction, agricultural work, and maintenance of property can occur between 7:00 a.m. and sunset on weekdays and 9:00 a.m. and sunset on weekends.
11. Add Section 8.108.060 (Construction Activities) of Chapter 8.108 (Noise) relating to when construction can occur which is 7:00 a.m. and sunset on weekdays and 9:00 am and sunset on weekends.
12. Amend Section 8.108.070 (Prohibited Noise) of Chapter 8.108 (Noise) identifies prohibited noises that are to be declared nuisances should they occur between the hours of 10:00 p.m. and 7:00 a.m. It also identified that non-residential maintenance activities and nonresidential automotive repair works shall not occur from 8:00 p.m. to 8:00 a.m. unless otherwise states in a conditional use permit or architectural review permit.
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13. Add new Section 8.108.080 (Noise Performance Standards) of Chapter 8.108 (Noise) that incorporates acceptable, conditionally acceptable, normally acceptable, and clearly unacceptable maximum noise levels throughout residential and non-residential land uses.
This is summarized in Table 8.108.070 (Performance Standards).
14. Add new Section 8.108.090 (Mixed use development) of Chapter 8.108 (Noise) to include an acceptable standard for mixed use residential component of plus five (5) decibels.
15. Add new Section 8.108.100 (Infill single-family residential development) of Chapter 8.108 (Noise) to include an acceptable standard for infill single-family residential developments of plus five (5) decibels.
16. Add new Section 8.108.110 (Noise level measurement criteria) of Chapter 8.108 (Noise) to include details on how noise readings are obtained.
17. Added new Section 8.108.120 (Penalty for violation) of Chapter 8.108 (Noise) to establish that any violation of the noise ordinance may be enforced per Chapter 1.16 (General Penalties).
18. Added new Section 8.108.130 (Penalty for public nuisance) of Chapter 8.108 (Noise) to establish that any violation of the noise ordinance may be abated per Chapter 8.04 (Nuisance Abatement).
19. Amend Section 8.112.010 (Dates and Hours of Sale and Discharge) of Chapter 8.112 (Fireworks) relating to when the hours when safe and sane fireworks can be discharged on the 4th of July. The discharge of fireworks end time is being changed from 11:00 p.m. to 10:00 p.m. which is an hour earlier. This change was made to minimize the impact of fireworks on the community.
Note: Planning Commission asked that City Council work with City Attorney and City Staff at what it would take to prohibit fireworks in the City.
20. Amend Section 9.05.010 (Definitions) of Chapter 9.05 (Vending on City Sidewalks) to add a new definition “Sidewalk vendor security camera.”
21. Amend Section 9.05.020 (Selling Food or Merchandise – Operational Requirements) of Chapter 9.05 (Vending on City Sidewalks) relating to when the hours when vending can occur on a sidewalk. The current sidewalk vending allowed hours of 8:00 a.m. to 9:00 p.m. is changed to 9:00 a.m. and 6:00 p.m. or sunset whichever is earlier. This change is viewed as important to ensure safety as vending after dark increases exposure to bad elements. To increase safety the Planning Commission incorporated a required for sidewalk vendors to have a security camera(s).
22. Amend Section 10.16.021 (Restriction of Commercial Vehicles in Front Yards, Paved Driveways and Side Yards of Residential Areas) of Chapter 10.16 (Storage of Vehicles – Intersection Obstruction) relating to removal of recreational vehicles form the prohibited vehicles graphic as they are already regulated by a more recent Ordinance found in Section 18.60.030 (Parking Regulations of Chapter 18.60 (Off-Street Parking).
23. Amend Section 12.32.140 (Park Hours) of Chapter 12.32 (Conduct on Public Property - Parks) relating to when the hours when a City Park can be open and whom at the City
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may modify said hours. The current hours are 7:00 a.m. open with a 10:00 p.m. close.
This is being changed to 7:00 a.m. and the park closes at sunset. The City Manager can extend the limit on the hours of any park.
24. Amend Section 12.56.070 (Design and Development Standards) of Chapter 12.56 (Wireless Telecommunications Facilities in the Public Right-Of-Way) relating to when the hours when noise associated with a backup generator can occur. Currently backup generators are allowed to be tested during weekdays from 7:00 a.m. to 7:00 p.m. The new hours are from 8:00 a.m. to sunset on weekdays. There is no testing allowed on weekends or holidays.
25. Amend Section 15.56.130 (Irrigation Scheduling) of Chapter 15.56 (Water Efficient Landscape) relating to when the hours when overhead irrigation can occur. This section was clarified to stipulate that residential and commercial land from agricultural land.
Irrigation on agricultural land is now required to obtain a Conditional Use Permit (CUP) from the Planning Commission. Residential and commercial land is not required to get a CUP to irrigate.
26. Amend Section 18.10.040 (Site Development Standards) of Chapter 18.10 (Residential Districts) relating to minimum square feet and number of bedrooms for a multiple-family7 residential unit. This section currently caps a multiple-family unit at two (2) rooms. The changes now permit for one, two, three, and four plus bedroom duplex, triplex, and multiple family construction with minimum square footages for each respectively.
27. Amend Section 18.53.020 (Agricultural overlay standards) of Chapter 18.53 (AG Agricultural Overlay District) to require a CUP for overhead irrigation schedule for orchards, groves, nurseries, field crops, tree crops, berry crops, bush crops, truck gardening and commercial flower growing.
28. Amend Section 18.56.030 (Conditional permitted uses) of Chapter 18.56 (AG-2 Agricultural 2 Overlay District) to require a CUP for overhead irrigation schedule for orchards, groves, nurseries, field crops, tree crops, berry crops, bush crops, truck gardening and commercial flower growing.
29. Amend Section 18.64.040 (Sustainable Design) of Chapter 18.64 (Objective Design Standards) relating to minimum Leadership in Energy and Environmental Design (LEED) certification requirement for an Objective Design Standards (ODS) development application within the city. Objective Design Standard project is currently required to achieve the highest “Platinum” level of LEED Certification, and the change will require that an Objective Design Standard project just meet any one of the of the different LEED Certification levels.
30. Amend Section 18.80.050 (Signs on Public Property) of Chapter 18.80 (Signs) relating to hours when temporary signs displayed in the public right-of-way can occur. Currently the hours are 8:00 a.m. to 5:00 p.m. and they have been changed to 7:00 a.m. to 11:00 p.m. to be consistent with the standard hours of operation for non-residential land uses found under Section 18.27.020.
31. Amend Section 18.80.130 (General Provisions) of Chapter 18.80 (Signs) relating to prohibition of illuminated of signs that face a residential use. The change now clarifies that any nonresidential building within one hundred (100) feet of a residential use shall
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not have an illuminated sign “facing” the residential use.
32. Amend Section 18.82.010 (Residential Care Facilities) of Chapter 18.82 (Standards for Specified Land Uses and Activities) relating to when the hours when noise associated with outdoor activities at a residential care facility can occur. The current restriction of outdoor activities are 7:00 a.m. to 9:00 p.m. and the changes will be to replace 9:00 p.m. with sunset.
Note: Planning Commission asked that City Council consider having the City Attorney and City Staff review the Municipal Code to ensure its approach to Residential Care Facilities is current with State statutes and protects the City to the maximum extenct practicable.
A full accounting of the proposed modifications to the Municipal Code in tracked changes red lined format is provided in Attachment 2 to this agenda staff report.
Upon receiving the recommendation from the Planning Commission/Site Architectural Review Board regarding the proposed ZCA 24-04, the City Council shall hold a Public Hearing on the proposed ZCA 24-04. Said Public Hearing shall be duly noticed. 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 40 days, or such longer period as the City Council may designate, shall be deemed an approval of the proposed modification by the Planning Commission.
ENVIRONMENTAL REVIEW:
ZCA 24-04 is exempt from California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) – Common Sense Exemption. The text amendments cleaning up the Municipal Code, so it is consistent and streamlines, is an activity is covered by the common sense exemption.
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 ZCA 24-04 activity will have a significant effect on the environment, the ZCA 24-04 activity is not subject to CEQA. The project will not have a significant effect on the environment because the text amendments to the Municipal Code are regulatory in nature. A Notice of Exemption (NOE) is provided as Attachment 3 to this agenda report and will be filed with the County and State should the City Council approve this Ordinance for ZCA 24-04.
NOTIFICATION:
The Public Hearing Notice for the Project was published in compliance with the City's Municipal Code and the City’s “Expanded Public Noticing and Outreach Policy for Public Hearings and Public Workshops.” The Public Hearing Notice was published in March 13, 2025, edition of the Grand Terrace City News, posted in three public places, including Grand Terrace News Paper, City Hall Lobby and Kiosk. To date, staff has not received any comments.
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FINDINGS:
Municipal Code Section §18.90.040 - Planning Commission Public Hearing and Recommendation, lists the findings of fact that must be made by the Planning Commission and City Council when amending Title 18 “Zoning”. The Planning Commission made all necessary findings, and they are detailed in the Ordinance approving ZCA 24-04 which is provided within the body of the Ordinance (Attachment 1).
CONCLUSION:
This Ordinance approving ZCA 24-04 is consistent with the spirit and intent of the Implementation Plan Goals 2.1 and 2.3 in that is the City conducting a periodical review of the Zoning Code and Municipal Code standards to assure effective regulation of land uses and noise. ZCA 24-04 will streamline and clarify existing regulations and establish new noise standards. There is no foreseeable detriment to the people working or living within the City resulting from the proposed ZCA 24-04.
Planning Commission / Site and Architectural Review Board recommended that City Council approve ZCA 24-04 and that it is exempt from CEQA pursuant to Section 15061(b)(3) – Common Sense Exemption. The Planning Commission’s recommendations from its meetings on November 21, 2024, and February 27, 2025, have been incorporated into the text edits of the Ordinance approving ZCA 24-04.
Staff is in support of Planning Commission’s recommendation that City Council approve the Ordinance for ZCA 24-04 with the inclusion of the Planning Commission recommendations.
ATTACHMENTS:
1) Ordinance Approving ZCA 24-04
2) Tracked Text Edits ZCA 24-04
3) Notice of Exemption ZCA 24-04
Ordinance No. ___
ORDINANCE NO. ___
AN ORDINACE OF THE CITY COUNCIL OF GRAND TERRACE, CALIFORNIA, APPROVING ZONING CODE AMENDMENT (ZCA) 24-04, TO CLEAN-UP THE
MUNICIPAL CODE BY REMOVING CONFLICTING REGULATIONS TO
BETTER ADMINISTER THE MUNICIPAL CODE IN A CONSISTENT MANNER BY AMENDING THE GRAND TERRACE MUNICIPAL CODE CHAPTER 5.06 (HOME OCCUPATION PERMITS) TO REDUCE PROCESSING TIME FOR HOME OCCUPACTION PERMITS; CHAPTER 5.40 (GARAGE SALES) TO ADJUST THE TIME GARAGE SALES CAN OCCUR; CHAPTER 5.42
(INTEGRATED WASTE MANAGEMENT) TO ADJUST THE TIME TRASH
COLLECTION OCCURS IN DIFFERENT LAND USES; CHAPTER 5.48
(MASSAGE PARLORS AND MASSAGE TECHNICIANS) TO ADJUST THE TIME MASSAGE PARLORS CAN OPERATE; CHAPTER 8.108 (NOISE) TO ADOPT SOUND CRITERIA AND SOUND MEASUREMENT STANDARDS;
CHAPTER 8.112 (FIREWORKS) TO ADJUST THE TIME FIREWORKS CAN OCCUR; CHAPTER 9.05 (VENDING ON CITY SIDEWALKS) TO ADJUST THE
TIME SIDEWALK VENDING CAN OCCUR AND TO ADD A SECURITY
CAMERA REQUIREMENT FOR SIDEWALK VENDING; CHAPTER 10.16
(STORAGE OF VEHICLES – INTERSECTION OBSTRUCTION) TO REMOVE
RECREATIONAL VEHICLES FROM THE CHART AS THEY ARE ALREADY REGULATED IN ANOTHER ZONING SECTION; CHAPTER 12.32 (CONDUCT ON PUBLIC PROPERTY – PARKS) TO ADJUST THE TIME THAT CITY PARKS ARE OPEN; CHAPTER 12.56 (WIRELESS TELECOMMUNICATIONS
FACILITIES IN THE PUBLIC RIGHT-OF-WAY) TO ADJUST THE TIME THAT BACKUP GENERATORS CAN RUN IN THE PUBLIC RIGHT-OF-WAY;
CHAPTER 15.56 (WATER EFFICIENT LANDSCAPE) TO ADD A DEFINITION FOR OVERHEAD IRRIGATION; CHAPTER 18.10 (RESIDENTIAL DISTRICTS)
TO ADJUST THE MAXIMUM NUMBER OF MULTIPLE-FAMILY BEDROOMS
ALLOWED IN A MULTIPLE-FAMILY UNIT AND THE MINIMUM SQUARE FOOTAGES OF THE UNIT PER BEDROOM COUNT; CHAPTER 18.53 (AG
AGRICULTURAL OVERLAY DISTRICT) TO REQUIRE A CONDTIONAL USE PERMIT APPROVAL FOR IRRIGATION; CHAPTER 18.56 (AG-2
AGRICULTURAL 2 OVERLAY DISTRICT) TO REQUIRE A CONDTIONAL USE PERMIT FOR IRRIGATION; CHAPTER 18.64 (OBJECTIVE DESIGN
STANDARDS) TO ADJUST MINIMUM LEED REQUIREMENT FOR AN
OBJECTIVE DESIGN STANDARDS PROJECT FROM PLATINUM TO
DEVELOPER’S CHOICE OF CERTIFIED, SILVER, GOLD, OR PLATIMUM; CHAPTER 18.80 (SIGNS) TO ADJUST THE TIMES THAT TEMPOROARY
SIGNAGE CAN BE DISPLAYED AND WHEN COMMERICAL SIGNS CAN BE ILLUMINATED ADJACENT TO RESIDENTIAL LAND USES; AND CHAPTER
18.82 (STANDARDS FOR SPECIFIED LAND USES AND ACTIVITIES) TO
ADJUST THE TIME THAT RESIDENTIAL CARE FACILITIES CAN HAVE OUTDOOR ACTIVITIES.
WHEREAS, the City of Grand Terrace (“City”) adopted a Zoning Code as set forth in Title 18 of the Grand Terrace Municipal Code, which has been amended from time to time; and WHEREAS, the City wishes to protect and preserve the quality of life throughout the City through effective land use and planning; and
Attachment 1
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WHEREAS, the Municipal Code and its Zoning are local law that regulates various aspects of how land can be used and what is acceptable and unacceptable with respect to noise; and
WHEREAS, Chapter 5.06 (Home Occupation Permits) establishes a process and criteria to regulate “commercial uses” associated with a residence where the business will clearly not alter the character of the residential environment, and WHEREAS, Zoning Code Amendment 24-04 proposes to amend Section 5.06.050 (Evaluation and Notice) of Chapter 5.06 (Home Occupation Permits) establishing timelines and a notification process for all owners of contiguous property to be used if the “home occupation” permit application is not compliant one or more of the required criteria; and WHEREAS, Chapter 5.40 (Garage Sales) establishes a process and criteria to regulate “garage sales” associated with a residentially zoned or occupied property, and WHEREAS, Zoning Code Amendment 24-04 proposes to amend Section 5.40.050 (Length – Frequency - Hours) of Chapter 5.40 (Garage Sales) specifying the hours when the garage sale can occur; and
WHEREAS, Chapter 5.42 (Integrated Waste Management) establishes a process and criteria to regulate “waste management services” within the City, and WHEREAS, Zoning Code Amendment 24-04 proposes to amend Section 5.42.160 (Frequency of Removal) of Chapter 5.42 (Integrated Waste Management) relating to when the hours when waste collection can occur and whom at the City may modify said hours; and WHEREAS, Chapter 5.48 (Massage Parlors and Massage Technicians) establishes a process and criteria to regulate “massage” within the City, and WHEREAS, Zoning Code Amendment 24-04 proposes to amend Section 5.48.110 (Hours of Operation – Food or Beverages) of Chapter 5.48 (Massage Parlors and Massage Technicians) relating to when the hours when a massage establishment can occur; and WHEREAS, Chapter 8.108 (Noise) establishes a process and criteria to regulate “noise” within the City, and
WHEREAS, Zoning Code Amendment 24-04 proposes to amend Section 8.108.010 (Intent), add Section 8.108.020 (Definitions), amend Section 8.108.030 (Loud, Annoying, Excessive and Unnecessary Noises Prohibits), amend Section 8.108.040 (Exemptions), amend Section 8.108.050 (Special Activities), add Section 8.108.060 (Construction Activities), amend Section 8.108.070 (Prohibited Noise), add Section 8.108.080 (Noise Performance Standards), add Section 8.108.090 (Mixed Use Development), add Section 8.108.100 (Infill Single-Family Residential Development), add Section 8.108.110 (Noise Level Measurement Criteria), amend Section 8.108.120 (Penalty For Violation), and add Section 8.108.130 (Penalty for Public Nuisance) to establish noise level limits and measurement criteria as a part of a comprehensive update to the noise standards; and
WHEREAS, Chapter 8.112 (Fireworks) establishes a process and criteria to regulate “safe and sane fireworks” within the City, and
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WHEREAS, Zoning Code Amendment 24-04 proposes to amend Section 8.112.010 (Dates and Hours of Sale and Discharge) of Chapter 8.112 (Fireworks) relating to when the hours when safe and sane fireworks can be discharged on the 4th of July; and WHEREAS, Chapter 9.05 (Vending on City Sidewalks) establishes a process and criteria to regulate “sidewalk vendors” within the City, and
WHEREAS, Zoning Code Amendment 24-04 proposes to amend Section 9.05.010 (Definitions), and amend Section 9.05.020 (Selling Food or Merchandise – Operational Requirements) of Chapter 9.05 (Vending on City Sidewalks) relating to when the hours when vending can occur and incorporating a security camera requirement; and WHEREAS, Chapter 10.16 (Storage of Vehicles – Intersection Obstruction) establishes a process and criteria to regulate “commercial vehicles” within residentially zoned properties, and WHEREAS, Zoning Code Amendment 24-04 proposes to amend Section 10.16.021 (Restriction of Commercial Vehicles in Front Yards, Paved Driveways and Side Yards of Residential Areas) of Chapter 10.16 (Storage of Vehicles – Intersection Obstruction) relating to removal of recreational vehicles form the prohibited vehicles graphic as they are already regulated by a more recent Ordinance found in Section 18.60.030 (Parking Regulations of Chapter 18.60 (Off-Street Parking); and
WHEREAS, Chapter 12.32 (Conduct on Public Property - Parks) establishes a process and criteria to regulate “Public Property” within the City, and WHEREAS, Zoning Code Amendment 24-04 proposes to amend Section 12.32.140 (Park Hours) of Chapter 12.32 (Conduct on Public Property - Parks) relating to when the hours when a City park can be open and whom at the City may modify said hours; and WHEREAS, Chapter 12.56 (Wireless Telecommunications Facilities in the Public RightOf-Way) establishes a process and criteria to regulate permitting, development, siting, installation, design, operation and maintenance of “wireless telecommunications facilities” in the City's public right-of-way, and
WHEREAS, Zoning Code Amendment 24-04 proposes to amend Section 12.56.070 (Design and Development Standards) of Chapter 12.56 (Wireless Telecommunications Facilities in the Public Right-Of-Way) relating to when the hours when noise associated with a backup generator can occur; and
WHEREAS, Chapter 15.56 (Water Efficient Landscape) establishes a process and criteria to regulate “landscape irrigation” for water conservation purposes pursuant to State law within the City, and
WHEREAS, Zoning Code Amendment 24-04 proposes to amend Section 15.56.130 (Irrigation Scheduling) of Chapter 15.56 (Water Efficient Landscape) to define overhead irrigation of residential and commercial landscape, so it is not confused with agricultural irrigation; and WHEREAS, Chapter 18.10 (Residential Districts) establishes a process and criteria to regulate “residential zones” within the City, and
WHEREAS, Zoning Code Amendment 24-04 proposes to amend Section 18.10.040 (Site
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Development Standards) of Chapter 18.10 (Residential Districts) relating to the number or multiple family bedrooms and the minimum square feet for one, two, three, and four plus bedroom duplex, triplex, and multiple family construction; and
WHEREAS, Chapter 18.53 (AG Agricultural Overlay District) establishes the standards for the AG Overlay within the City, and
WHEREAS, Zoning Code Amendment 24-04 proposes to amend Section 18.53.020 (Agricultural Overlay Standards) of Chapter 18.53 (AG Agricultural Overlay District) relating to the addition of a Conditional Use Permit (CUP) requirement for the “overhead irrigation” of orchards, groves, and other crops, and
WHEREAS, Chapter 18.56 (AG-2 Agricultural 2 Overlay District) establishes the standards for the AG-2 Overlay within the City, and
WHEREAS, Zoning Code Amendment 24-04 proposes to amend Section 18.56.030 (Conditionally Permitted Uses) of Chapter 18.56 (AG-2 Agricultural 2 Overlay District) relating to the addition of a Conditional Use Permit (CUP) requirement for the “overhead irrigation” of orchards, groves, and other crops; and
WHEREAS, Chapter 18.64 (Objective Design Standards) establishes a process and design standards that are “objective” for multifamily residential development and mixed-use development with a residential component to ensure that such development is attractively designed, maintains positive aesthetic characteristics, and to provide property owners and developers with predictable design approval standards for such development and establishes conditions and procedures for processing streamlined housing projects consistent with Government Code Section 65913.4 within the City, and
WHEREAS, Zoning Code Amendment 24-04 proposes to amend Section 18.64.040 (Sustainable Design) of Chapter 18.64 (Objective Design Standards) relating to minimum Leadership in Energy and Environmental Design (LEED) certification requirement for an Objective Design Standards (ODS) development application within the City; and WHEREAS, Chapter 18.80 (Signs) establishes a process and criteria to regulate “signage” within the City, and
WHEREAS, Zoning Code Amendment 24-04 proposes to amend Section 18.80.050 (Signs on Public Property) and Section 18.80.130 (General Provisions) of Chapter 18.80 (Signs) relating to hours when temporary signs displayed in the public right-of-way can occur and the prohibition of illuminated signs that face a residential use; and WHEREAS, Chapter 18.82 (Standards for Specified Land Uses and Activities) contains standards for unique land uses within the City, and
WHEREAS, Zoning Code Amendment 24-04 proposes to amend Section 18.82.010 (Residential Care Facilities) of Chapter 18.82 (Standards for Specified Land Uses and Activities) relating to when the hours when noise associated with outdoor activities at a residential care facility can occur; and
WHEREAS, state law requires that the City’s Zoning Code (Title 18 of the Grand Terrace Municipal Code) conform with the General Plan’s goals and policies, and
Ordinance No. ___
WHEREAS, pursuant to Sections 65800 and 65850 of the California Government Code, the City may adopt ordinances to establish requirements for the regulation of land uses, in compliance with the California Government Code, and
WHEREAS, notice of the City Council Public Hearing concerning this Ordinance was duly published in a local newspaper at least ten (10) days prior to the Public Hearing and posted by the City Clerk in compliance with the City’s Zoning Code and City Council Resolution No. 2019- 24, Expanded Public Noticing and Outreach Policy for Public Hearings and Public Workshops; and
WHEREAS, Ordinance No. ___ approving Zoning Code Amendment (ZCA) 24-04 is exempt from California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) – Common Sense Exemption 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 and the Zoning Code update to establish noise standards, streamline Home Occupation Permits, and correct miscellaneous inconsistencies within the Municipal Code will not have a significant effect on the environment; and
WHEREAS, on November 21, 2024, the Planning Commission/Site and Architectural Review Board of the City of Grand Terrace conducted a duly noticed Public Hearing on Zoning Code Amendment (ZCA) 24-04 and considered testimony and evidence presented by the public, city staff, and other interested parties, at the Public Hearing held within respect thereto asking staff incorporate the following changes:
1) Revise Chapter 5.40 GARAGE SALES to start at 7:00a.m. and to end at sunset and to use “sunset” uniformly throughout ZCA 24-04 in place of dusk; 2) Revise Chapter 5.42 INTEGRATED WASTE MANAGEMENT to use “or their designee” uniformly throughout ZCA 24-04;
3) Revise Chapter 8.108 NOISE to incorporate standards that address commercial and residential areas and ensure automotive repair ends at sunset; 4) Revise Chapter 9.05 VENDING ON CITY SIDEWALKS to require “sidewalk vending security camera” for all sidewalk vendors;
5) Revise Chapter 15.56 WATER EFFICIENT LANDSCAPE to address residential versus agricultural overhead irrigation and to check with the water purveyor; and WHEREAS, on January 16, 2025, the Planning Commission/Site and Architectural Review Board of the City of Grand Terrace reopened the duly noticed Public Hearing on Zoning Code Amendment (ZCA) 24-04 and at staffs request continued the public hearing to February 27, 2025, due to delays in agenda preparation arising from citywide storm power outages; and WHEREAS, on February 27, 2025, the Planning Commission/Site and Architectural Review Board of the City of Grand Terrace reopened the duly noticed Public Hearing on Zoning Code Amendment (ZCA) 24-04 and considered testimony and evidence presented by the public, city staff, and other interested parties, at the Public Hearing held within respect thereto; and WHEREAS, on February 27, 2025, the Planning Commission/Site and Architectural Review Board of the City of Grand Terrace concluded the Public Hearing with adoption of
Ordinance No. ___
Planning Commission / Site and Architectural Review board Resolution 2025-__ recommending City Council approval of Zoning Code Amendment (ZCA) 24-04 along with the Commissions asking staff to incorporate the additional changes:
1) Revise Chapter 8.108 NOISE to add a new section under 8.108.030 EXEMPTIONS to address railroad and locomotive noise. The new section will exempt sounds and noise generated by railroad operations, including train whistles, horns, and warning signals, in compliance with applicable federal, state, or local regulations; 2) Revise Chapter 8.108 NOISE to add the phrase "approved by the City" to Section
8.108.030 F for clarity;
3) Revise Chapter 8.108 NOISE to eliminate Section 8.108.040 C and create a new section under 8.108.050 titled "Construction Activities"; 4) Revise Chapter 8.108 NOISE to specify the end of maintenance of real property at sunset and to consistently use the term "sunset" throughout ZCA 24-04, replacing "dusk";
5) Revise Chapter 8.108.050 PROHIBITED NOISE E. Jaime Needs to give us guidance on the language about legal recommendations about regulating locomotives; 6) Revise Chapter 8.108 NOISE to clarify the conditions under which noise becomes a nuisance by amending Section 8.108.070, Mixed-use development, to include the following language: “, when the noise exceeds the standards established by the performance standards";
7) Revise Chapter 8.108 NOISE to clarify the conditions under which noise becomes a nuisance by amending Section 8.108.080, Infill single-family residential development, to include the following language: “, when the noise exceeds the standards established by the performance standards";
8) Revise Chapter 8.108 NOISE to remove the quotation under Section 8.108.110; 9) Revise Chapter 9.05 VENDING ON CITY SIDEWALKS to add the term "persons" to the locations where a surveillance camera can be installed in Section 9.05.010, Definitions;
10) Revise Chapter 9.05 VENDING ON CITY SIDEWALKS to replace “if applicable” with “if selling of food” to Section 9.05.020 Selling food or merchandise—Operational requirements;
11) Revise Chapter 9.05 VENDING ON CITY SIDEWALKS to include the requirement that "the vendor must be able to provide video upon request by City Officials and must have at least one week's worth of video storage";
12) Revise Chapter 15.56 WATER EFFICIENT LANDSCAPE to add the word "regularly" to "shall be scheduled" in Section 15.56.130 Irrigation Scheduling; and WHEREAS, on March 25, 2025, the City Council of the City of Grand Terrace introduced and conducted a first reading of this Ordinance, held a duly noticed Public Hearing with respect
Ordinance No. ___
thereto, and considered testimony and evidence at the Public Hearing on the Zoning Code Amendment (ZCA) 24-04; and
WHEREAS, on _____ ___, 2025, the City Council of the City of Grand Terrace conducted a second reading and adoption of the Ordinance; and
WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred; and,
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF 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 incorporated herein by this reference and made a part hereof.
SECTION 2. Based upon the forgoing and all oral and written testimony by members of the public and City staff (including, but not limited to, staff reports and attachments) made at the Public Hearing, the City Council hereby finds that the Project “Zoning Code Amendment (ZCA) 24-04” is not subject to environmental review pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines as follows:
Finding: A project is exempt from CEQA if the activity is covered by the commonsense exemption 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.
Facts in Support of Finding: The City of Grand Terrace has reviewed the proposed project pursuant to: 1) CEQA Guidelines Section 15002(k) – General Concepts, the threestep process for deciding which document to prepare for a project subject to CEQA; and 2) CEQA Guidelines Section 15061 – Review for Exemption, procedures for determining if the Zoning Code Amendment project is exempt from CEQA. Since it can be seen with certainty that the Zoning Code Amendment (ZCA) 24-04 solely a text edit exercise for internal consistency and streamlining purposes, it has no foreseeable potential to have a significant adverse effect on the environment. The City of Grand Terrace has determined that the proposed Zoning Code Amendment (ZCA) 24-04 is considered to be exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3) - Common Sense Exemption.
The project is exempt under the “common sense” exemption because it does not involve any grading, demolition, or construction activities that will have a significant effect on the environment. The project is strictly a text update to the City’s Municipal Code. It can be said with certainty that the project will not have a significant effect on the environment. As such, the proposed project is exempt from CEQA, or not subject to CEQA, pursuant to CEQA Guidelines Section 15061(b)(3) – Common Sense Exemption.
A Notice of Exemption (NOE) has been prepared for the project 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 update land use regulations in the Zoning Code.
SECTION 3. Based upon the forgoing and all oral and written testimony by members of the public and City staff (including, but not limited to, staff reports and attachments) made at the
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Public Hearing, the City Council determines the findings for Zoning Code Amendment (ZCA) 24- 04 pursuant to Grand Terrace Municipal Code Section §18.90.040 can be made supporting the project application as follows:
1) Finding: The proposed amendment 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.
Facts in Support of Finding: The Zoning Code Amendment (ZCA) 24-04 amends the City’s Municipal Code to consolidate address primarily the hours identified for noise associated with activities to occur. IN addition this ZCA will also address miscellaneous inconsistencies within the Municipal Code as a “clean-up” exercise. There is no foreseeable detriment to the persons working or living within the City resulting from the proposed ZCA 24-04 as the edits to Municipal Code will streamline the processes contained within and ensure internal consistency between Chapters and Sections. 2) Finding: The proposed amendment will not be: Injurious to property or improvements in the neighborhood or within the City.
Facts in Support of Finding: The Zoning Code Amendment (ZCA) 24-04 to amend the City’s Municipal Code will not be injurious to property improvements within neighborhoods in the City because ZCA 24-04 is clarifying the municipal code for all who reference it so no confusion exists with respect to hours when activities and noise can occur. In addition, there are various sections of the Municipal Code requiring additional “clean-up” for internal consistency and streaming purposes that the City has identified and included as a park of this ZCA.
3) Finding: The proposed amendment will be consistent with the latest adopted general plan.
Facts in Support of Finding: This ZCA 24-04 is consistent with the spirit and intent of the Implementation Plan Goal 2.1 and Policy 2.1.4 in that is the City conducting a periodical review of the Zoning Code land use standards to bring specific additions and deletions for residential and non-residential land uses to the Planning Commission and City Council for inclusion in the Municipal Code.
SECTION 4. Sections 5.06.050 “Evaluation and Notice” and Section 5.06.060 “Decision to Approve or Deny” of Chapter 5.06 – HOME OCCUPATION PERMITS of the Grand Terrace Municipal Code are hereby amended to read in their entirety as follows:
“5.06.050 Evaluation and Notice.
The community development director or their designee shall review a Home Occupation Permit. If it meets the criteria set forth in this chapter, the Home Occupation Permit shall be approved. If it does not meet the criteria set forth in this Chapter, the Home Occupation Permit request shall be denied, or they can provide notice to all owners of contiguous property, seeking their support or opposition to the Home Occupation Permit. The notice shall make contiguous property owners aware of the character and scope of the proposed Home Occupation Permit and request their support or opposition to the Home Occupation Permit:
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A. "Contiguous property," for the purposes of this Chapter, is defined as those properties which touch property lines of any parcel that is the subject of a request for a home occupation permit, including those properties which touch the property lines of the subject parcel when projected across public or private rights-of-way or easements.
B. Notice shall be given by first class mail or delivery to all contiguous property owners for home occupation permits.
C. Notice may be given in such other manner as is deemed necessary or desirable by the community development director in order to achieve sufficient notice.
D. Notice shall include all necessary information to give those receiving the notice a reasonable opportunity to evaluate the implications of the proposal and to participate in the decision-making process.”
“Section 5.06.060 “Decision to Approve or Deny.
Within ten (10) days after receiving a compliant application, the community development director or their designee shall review the initial findings and notify the applicant if they are compliant and approved. Within fourteen (14) days after giving notice to contiguous property owners of an application that does not meet one or more of the criteria listed in this Chapter, the community development director or their designee shall review the initial findings and notify the applicant and contiguous property owners of their decision to approve or deny the Home Occupation Permit.”
SECTION 5. Section 5.40.050 “Length-Frequency-Hours” of Chapter 5.40 – GARAGE SALES of the Grand Terrace Municipal Code is hereby amended to read in its entirety as follows:
“5.40.050 Length—Frequency—Hours.
Not more than two garage sales may be conducted by any person or upon a lot or parcel of land during any period of 12 consecutive months. Such garage sale shall not be conducted for longer than three consecutive days. The sale shall not be conducted between the hours of sunset of any one day and 7:00 a.m. of the following day.”
SECTION 6. Section 5.42.160 “Frequency of Removal” Of Chapter 5.42 – INTEGRATED WASTE MANAGEMENT of the Grand Terrace Municipal Code is hereby amended to read in its entirety as follows:
“5.42.160 Frequency of Removal.
A. Persons in charge of the day-to-day operation of properties other than commercial food preparation establishments, shall make arrangements to have removed, not less frequently than once a week, from the property upon which the residence or residences are located, all refuse on the premises.
B. Every person in charge of commercial food preparation establishments shall cause all refuse to be removed from the property not less frequently than twice a week.
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C. The City Manager or their designee may specify the frequency of collection of refuse created, produced or brought upon the premises of commercial or multifamily residential premises, and the size and number of bins required.
D. Collection shall be made only between the following hours:
1. For multiple family residential and commercial properties between 6:00 a.m. and 5:00 p.m.
Monday through Saturday.
2. For single family residential properties between the hours of 6:30 a.m. and 5:00 p.m., Monday through Saturday.
Alternative pickup hours may be authorized only upon prior written approval of the City Manager or their designee, which shall include requirements for the contractor to notify the affected customers prior to implementing the change.
E. In order to prevent problems of traffic, noise, wear and tear on the highway, or other problems having the potential to adversely affect health, safety or the environment, which may develop in any specific area as a result of solid waste collection, the City Manager or their designee may regulate the routes, intervals, delivery points, and times for collection by all contractors operating within the City.”
SECTION 7. Section 5.48.110 “Hours of Operation – Food or Beverages” Of Chapter 5.48 – MASSAGE PARLORS AND MASSAGE TECHNICIANS of the Grand Terrace Municipal Code is hereby amended to read in its entirety as follows:
“5.48.110 Hours of Operation — Food or Beverages.
No massage parlor shall be open between the hours of 11:00 p.m. and seven a.m. Massage parlors shall not serve food or beverages on the premises of the massage parlor.” SECTION 8. Sections 8.108.010 “Intent,” 8.108.020 “Definitions,” 8.108.030 “Loud, Annoying, Excessive and Unnecessary Noises Prohibited,” 8.108.040 “Exemptions,” 8.108.050 “Special Activities,” 8.108.060 “Construction Activities,” 8.108.070 “Prohibited Noise,” 8.108.080 “Noise Performance Standards,” 8.108.090 “Mixed Use Development,” 8.108.100 “Infill SingleFamily Residential Development,” 8.108.110 “Noise Level Measurement Criteria,” 8.108.120 “Penalty for Violation,” and 8.108.130 “Penalty for Public Nuisance” of Chapter 8.108 – NOISE in the Grand Terrace Municipal Code are hereby amended to read in their entirety as follows:
“8.108.010 Intent.
It is the intent of this Chapter to protect properties within the City and the health and safety of persons from environmental nuisances and hazards and provide a pleasing environment throughout the City by providing an acceptable noise environment for existing and future residents within the city. The city seeks to accomplish this by establishing the following:
A. A community noise standard that specifies acceptable noise limits for various land uses and activities; and
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B. Measures to minimize noise impacts from transportation-related noise sources; and C. Measures to minimize noise impacts from non-transportation related noise sources.” “8.108.020 Definitions
"A-weighted sound level (dB(A))" means an A-weighted sound level is the sound pressure level in decibels as measured on a sound level meter using the A-weighted filter network. The Aweighting filter de-emphasizes the very low and very high frequency components of the sound in a manner similar to the response of the human hearing system and provides good correlation with subjective reactions to noise.
"Community noise equivalent level (CNEL)" means the average equivalent A-weighted sound level during a twenty-four-hour day, obtained after the addition of five decibels to sound levels occurring during the evening from seven p.m. to ten p.m. and addition of ten decibels to sound levels occurring during the night from ten p.m. to seven a.m. The five and ten decibel penalties are applied to account for increased noise sensitivity during the evening and nighttime hours. The CNEL is not measured, but is computed.
"Cumulative time period" means an additive period of time composed of individual time segments which may be continuous or interrupted.
"Day-night average level (Ldn)" means the average equivalent A-weighted sound level during a twenty-four-hour day obtained after the addition of ten decibels to sound levels occurring during the nighttime from ten p.m. to seven a.m. The ten-decibel penalty is applied to account for increased noise sensitivity during the nighttime hours. The Ldn represents the daily energy noise exposure averaged on an annual basis.
"Hearing board" means the board appointed by city council as arbitrators of the Grand Terrace Municipal Code to review and determine violations, nuisances, abatement procedures, and penalties of this chapter.
"Motor-driven vehicle" shall include but is not limited to, any automobile, truck, van, bus, motorcycle, minibike, go-cart or other self-propelled vehicle, on or off road. "Noise" means any sound that exceeds the limitations set herein. "Noise level" means the A-weighted sound pressure level in decibels audible to humans obtained by using a sound level meter. The unit of noise level measurement shall be designated as dB(A). "Person" means a person, firm, association, co-partnership, joint venture, corporation, or any entity, public or private in nature.
"Residential property" means a parcel of real property which is developed and used either in part or in whole for residential purposes, other than transient uses such as hotels and motels. "Simple tone noise" means a noise characterized by a predominant frequency, or frequencies so that other frequencies cannot be readily distinguished.”
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“8.108.030 Loud, annoying, excessive and unnecessary noises prohibited.
A. Notwithstanding any specified noise level, it shall be unlawful for any person to willfully make or continue, or cause to be made or continued, any loud, unnecessary, unusual, excessive or unreasonable noise that disturbs the peace or quiet of any neighborhood within the City or which causes discomfort or annoyance to any reasonable person of normal sensitivities in ownership, or control of any premises to knowingly permit a violation of this section upon said premises.
B. Any law enforcement officer, code enforcement officer, or other employee or official designated by the City Manager who hears excessive noise or sound as defined in this Chapter that is plainly audible, in violation of this Chapter, may enforce this Chapter and shall assess the noise or sound according to the following standards:
1. The primary means of detection shall be by means of the official's normal hearing faculties, not artificially enhanced.
2. The official shall first attempt to have a direct line of sight and hearing to the vehicle or real property from which the sound or noise emanates so that the official can readily identify the offending source of the sound or noise and the distance involved. If the official is unable to have a direct line of sight and hearing to the vehicle or real property from which the sound or noise emanates, then the official shall confirm the source of the sound or noise by approaching the suspected vehicle or real property until the official is able to obtain a direct line of sight and hearing, and confirm the source of the sound or noise that was heard at the place of the original assessment of the sound or noise.
3. The official need not be required to identify words, song titles, artists, or lyrics in order to establish a violation.”
“8.108.040 Exemptions.
A. There is exempted from the provisions of this Chapter the use of horns, sirens or other signaling or warning devises by persons vested with legal authority to use the same and in pursuit of their lawful duties, such as on ambulances, fire, police and other governmental or official vehicles.
B. Emergency type land uses, emergency response vehicles, and emergency notification measures shall be considered as Normally Acceptable measures and exempt from violations and or penalties.
C. Government events, sponsored events, and public works projects.
D. Utility Company projects, repairs and work.
E. Special events and community events approved by the City.
F. Religious institutions and religious related activities and events approved by the City.
G. Public Schools and school related activities and events.
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H. Railroad operations and locomotives, including train whistles, horns, and warning signals, in compliance with applicable federal, state, or local regulations.
I. Collection of refuse by City contracted waste hauler.
J. Traditional residential yard landscaping maintenance activities (i.e., mechanical sweeping, mechanical grass cutting, mechanical blowing and similar activities) that occur between 7:00 a.m. and 8:00 p.m.
K. Traditional residential automotive repair activities (i.e., oil changes, brake jobs, minor automotive body or fender or other work on metal objects and metal parts) that occur between 7:00 a.m. and 8:00 p.m.
L. Testing and operation during a power outage of backup generators on residential and commercial properties that adhere to applicable zoning and building setbacks.
M. Air conditioning units and pool equipment on residential properties that adhere to applicable zoning and building setbacks.”
“8.108.050 Special activities.
In addition to the exemptions provided for in Section 8.108.030, the following activities shall be exempted from the provisions of this Chapter:
A. City or school approved activities conducted on public parks, public playgrounds and public or private school grounds including but not limited to athletic and school entertainment events between the hours of 7:00 a.m. and 11:00 p.m.
B. Noises produced by mechanical devices, apparatus or equipment used, related to, or connected with emergency machinery, vehicles, work or warning alarm or bell, provided the sounding of any bell or alarm on any building or motor vehicle shall terminate its operation within 30 minutes in any hour of its being activated.
C. All devices, apparatus or equipment associated with agricultural operations provided as follows:
1. Operations shall not take place between 5:00 p.m. and 7:00 a.m.
2. Such operations and equipment are utilized for protection or salvage of agricultural crops during periods of potential or actual frost damage or other adverse weather conditions.
3. Such operations and equipment associated with agricultural pest control through pesticide application provided the application is made in accordance with permits issued or regulations enforced by the California Department of Agriculture.
D. Noise associated with the maintenance of real property shall not take place between the hours of sunset and 7:00 a.m. on weekdays, and between the hours of sunset and 9:00 a.m. on weekends.”
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“8.108.060 Construction Activities.
Construction activities shall only occur between 7:00 a.m. and 5:00 p.m. on weekdays and between 9:00 a.m. and 5:00 p.m. on weekends. No construction is permitted on New Year’s Day, Thanksgiving Day, and Christmas Day.”
“8.108.070 Prohibited Noise.
1. The following noises are prohibited and declared to be nuisances between the hours of 10:00 p.m. and 7:00 a.m. shall include but not be limited to the following, unless otherwise states in a conditional use permit or site and architectural review permit:
A. Peddlers Use of Loud Noise to Advertise Goods. No peddler or mobile vendor or any person on their behalf shall shout, cry out or use any device or instrument to make sounds for the purpose of advertising in such a manner as to create a noise disturbance.
B. Animal Noises. No person owning or having the charge, care, custody or control of any dog or other animal or fowl shall allow the same to howl, bark, yelp or make other noises in such a manner as to create a noise disturbance.
C. Loud and Boisterous Yelling, Shouting, Whistling or Singing. No person shall yell, shout, whistle or sing in a loud and boisterous manner on the public streets so as to disturb the quiet, comfort, or repose of persons in any office, dwelling, hotel or other type of residence or neighborhood.
D. Radios, Television Sets, Musical Instruments, Phonographs and Similar Devices. No person shall use, operate or permit to be played, used or operated any radio receiving set, television set, musical instrument, phonograph or other machine or device for producing or reproducing sound in such a manner as to disturb the peace, quiet or comfort of neighboring persons, or at any time with louder volume than is necessary for the convenient hearing of the person or persons who are in the room, vehicle or other enclosure in which such machine or device is operated, and who are voluntary listeners thereto.
E. Sounding of Whistles, Horns, Bells, or Other Such Devices. No person shall make or cause to be made the loud, sudden and unnecessary blowing of whistles, sounding of horns, ringing of bells or use of signaling devices by operators of railroad locomotives, motor trucks and other transportation equipment.
F. Loading or Unloading of Trucks. No person shall create or cause to be created loud and excessive noise in connection with the loading or unloading of motor trucks and other vehicles, so as to disturb the peace and quiet of adjacent residential neighborhoods.
G. Operation of Equipment. The operation or use of any pile driver, steam shovel, pneumatic hammers, derrick, steam or electric hoist, power driven saw, forklifts, milling equipment, other tools or apparatus the use of which is attended by loud and excessive noise, or the movement of tractors, tractor trucks, or large trucks on property adjacent to residences is prohibited.
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2. The following noises are prohibited and declared to be nuisances between the hours of 8:00 p.m. and 8:00 a.m. shall include but not be limited to the following, unless otherwise states in a conditional use permit or site and architectural review permit:
A. Nonresidential Maintenance Activities. Nonresidential maintenance activities in landscape and parking areas (i.e., mechanical sweeping, mechanical grass cutting, mechanical blowing) in a manner that would cause a noise disturbance to a residential zoning district.
B. Nonresidential Automotive Repair Works. No person shall do automotive repair, automotive body or fender or other work on metal objects and metal parts.” “8.108.080 Noise Performance Standards
A. Normally Acceptable. Specified land use activities that are satisfactory, based upon the assumption that any land use or building involved are of ordinary performance standards.
B. Conditionally Acceptable. Activities or Actions shall be undertaken only after a detailed analysis of the noise reduction (muffling) requirements is made and noise reduction insulation features are included as a preventive measure.
C. Normally Unacceptable. Noise levels exceeding the following ranges shall generally be discouraged. If new activities or actions proceed, a detailed analysis of the noise reduction requirements must be made and necessary noise insulation features included in the design.
D. Clearly Unacceptable. Activities shall not be undertaken or permitted.
Table 8.108.080 Performance Standards
Land Use Category and
Similar Activities
Maximum Community
Noise Exposure Levels
Ldn or CNEL, dBa
Normally Acceptable <65
Conditionally Acceptable 66 - 75
Normally Unacceptable 76 - 90
Residential
Clearly Unacceptable 91 or more
Normally Acceptable <60
Conditionally Acceptable 61 - 65
Normally Unacceptable 66 - 75
Residential (Evening)*
11:00p.m. – 7:00 a.m.
Clearly Unacceptable 76 or more
Normally Acceptable <75
Conditionally Acceptable 76 - 80
Normally Unacceptable 81- 90
Retail, Office Buildings,
Business Commercial and
Professional, Hotel
Clearly Unacceptable 91 or more
Normally Acceptable <85
Conditionally Acceptable 86 - 90
Normally Unacceptable 91 or more
Industrial, Manufacturing
Utilities, Agriculture
Clearly Unacceptable 100 or more
Playgrounds, Neighborhood Normally Acceptable <70
Parks Conditionally Acceptable 76 - 80
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Normally Unacceptable 81- 85
Clearly Unacceptable 86 or more
“
“8.108.090 Mixed Use Development.
Where a new development proposal includes a mix of residential and nonresidential uses within the same project, the normally acceptable noise standard for the residential component of the project may be increased by five decibels when the noise exceeds the standards established by the performance standards.”
“8.108.100 Infill Single-Family Residential Development.
Where a new development proposal includes an infill single-family residential use, the normally acceptable noise standard for the proposal may be increased by five decibels when the noise exceeds the standards established by the performance standards.” “8.108.110 Noise Level Measurement Criteria.
A. Any noise level measurement, made pursuant to the provisions of this chapter, shall be determined by using a sound level meter that meets the minimum requirements of the American National Standard Institute for sound level meters, or by using an equivalent instrument with associated recording and analyzing equipment that provides equivalent data.
B. Noise readings shall be taken at the receptor's/generator's property line and the receptor's building setbacks to verify noise levels as categorized in Section 8.108.060 of this chapter.
C. Irrespective of whether the noise originates within the City or outside the City, the standard that may be considered in determining whether excessive noise exists in violation of the provision of Section 8.108.020 may include, but not be limited to, the following:
1. Whether the noise can be heard over 100 feet from the property line where the source of the noise is located;
2. The level of the noise;
3. Whether the nature of the noise is usual or unusual;
4. Whether the origin of the noise of natural or unnatural;
5. The level and intensity of the background noise, if any;
6. The proximity of the noise to residential sleeping facilities;
7. The nature and zoning of the area within which the noise emanates;
8. The density of the inhabitation of the area within which the noise emanates or is heard in;
9. The time of the day and night the noise occurs;
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10. The duration of the noise, including whether it is of a temporary or short-term nature;
11. Whether the noise is recurrent, intermittent, or constant;
12. Whether the noise is produced by a commercial or noncommercial activity;
13. Whether the noise produces vibrations that are felt or heard; and
14. Whether the noise level exceeds any noise level as specified in Section 8.108.060.
D. These factors shall be considered in addition to the noise levels set forth in Section 8.108.060 in determining a violation. Noises do not necessarily need to exceed those noise level limits to be considered unnecessary, or unusual so as to cause hearing loss, speech interference, sleep interference, physiological responses, or annoyance to persons in the area. This shall be determined by the city manager, or their designee on a case by case basis.” “8.108.120 Penalty for Violation.
Violations of this Chapter shall be enforced and be punishable as set forth in Chapter 1.16 (General penalties) of the Grand Terrace Municipal Code.” “8.108.130 Penalty for Public Nuisance
Any violation of this chapter is a public nuisance and may be abated in accordance with law pursuant to Chapter 8.04 of this code.”
SECTION 9. Section 8.112.010 “Dates and Hours of Sale and Discharge” Of Chapter
8.112 – FIREWORKS of the Grand Terrace Municipal Code is hereby amended to read in its entirety as follows:
“8.112.010 Dates and Hours of Sale and Discharge.
Safe and sane fireworks as defined by Section 12529 of the California Health and Safety Code may be sold within the City during the period of June 28th through July 4th, 12:00 noon to 9:00 p.m. by persons possessing an appropriate permit pursuant to Section 8.112.020. The selling of fireworks without a permit is prohibited. Safe and sane fireworks may be discharged solely on July 4th, between the hours of 12:00 noon to 10:00 p.m.” SECTION 10. Sections 9.05.010 “Definitions” and 9.05.020 “Selling Food or Merchandise – Operational Requirements in Chapter 9.05 – VENDING ON CITY SIDEWALKS of the Grand Terrace Municipal Code are hereby amended to read in their entirety as follows:
“9.05.010 Definitions.
As used in this Chapter:
A. "Sidewalk vendor" means a person who sells food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one's person, upon a public sidewalk or other pedestrian path.
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B. "Roaming sidewalk vendor" means a sidewalk vendor who moves from place to place and stops only to complete a transaction.
C. "Stationary sidewalk vendor" means a sidewalk vendor who vends from a fixed location.
D. “Sidewalk vendor security camera” means a surveillance camera installed on a sidewalk vendor's cart, table, persons, or other equipment, used to monitor their selling area and potentially deter crime or provide evidence in case of theft or harassment while they are working.”
“9.05.020 Selling food or merchandise—Operational requirements.
A. No sidewalk vendor shall operate without a permit pursuant to Chapter 5.64, a valid business license pursuant to Chapter 5.04 of this Code, and if selling food, a valid health permit issued by the County of San Bernardino.
B. All permits shall be displayed in a visible and conspicuous location at all times during the operation of the vending business.
C. It shall be prohibited for any sidewalk vendor to operate under any of the following conditions:
1. Vend in a residential zone between the hours of 6:00 p.m. or sunset, whichever is earlier, and 9:00 a.m. of the following day, Monday through Saturday, inclusive, and all day on Sundays and federal holidays, for the purpose of solicitation, unless such person has been requested or invited to do so by the owner or occupant of said premises;
2. Leave any stand unattended;
3. Store, park, or leave any stand overnight on any public street, sidewalk, or park;
4. Sell food or beverages for immediate consumption unless there is a litter receptacle available for patrons' use;
5. Leave any location without first disposing all trash or refuse remaining from sales conducted. Trash and refuse generated by the vending cart operations shall not be disposed of in public trash receptacles;
6. Allow any items relating to the operation of the vending business to be placed anywhere other than in, on, or under the stand;
7. Set up, maintain, or permit the use of any additional table, crate, carton, rack, or any other device to increase the selling or display capacity of his/her stand where such terms have not been described by his or her application;
8. Solicit or conduct business with persons in motor vehicles;
9. Sell anything other than that which he or she is licensed to vend;
10. Sound or permit the sounding of any device that produces a loud and raucous noise, or use or operate any loud speaker, public address system, radio, sound amplifier, or similar device to attract the attention of the public;
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11. Operate within 50 feet of a fire hydrant or 25 feet of a transit stop;
12. Operate within 15 feet of the outer edge of a driveway or vehicular entrance to public or private property in residential zones;
13. Operate in a manner that does not maintain four feet of clear space on a public sidewalk;
14. Operate on any street that does not have a public sidewalk;
15. Operate a stationary vending cart in exclusively residential zones;
16. Operate a stationary sidewalk vending cart in any City park if the City or operator of the City park has signed an agreement for concessions that exclusively permits the sale of food or merchandise by a concessionaire;
17. Operate within 50 feet of an abutting residential zone within a City park;
18. Operate a sidewalk vending cart within a parking lot within a City park;
19. Operate a sidewalk vending cart within 1,000 feet from any public or private school property, during school hours or one hour before or after school hours;
20. Operate a sidewalk vending cart within 500 feet of a certified farmers' market, or swap meet during the operating hours of that certified farmers' market or swap meet. A "certified farmers' market" means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the California Food and Agricultural Code and any regulations adopted pursuant to that Chapter. A "swap meet" means a location operated in accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the California Business and Professions Code, and any regulations adopted pursuant to that article;
21. Operate within the 500 feet of an area designated for a temporary special permit issued by the City, provided that any notice, business interruption mitigation, or other rights provided to affected businesses or property owners under the temporary special permit are also provided to sidewalk vendors. For purposes of this paragraph, a "temporary special permit" is a permit issued by the City for the temporary use of, or encroachment on, the sidewalk or other public area, including, but not limited to, an encroachment permit, special event permit, or temporary event permit, for purposes including, but not limited to, filming, parades, or outdoor concerts. A prohibition of sidewalk vendors pursuant to this paragraph shall only be effective for the limited duration of the temporary special permit;
22. Operate in violation of any other generally applicable law; and
23. Operate without a sidewalk vendor security camera installed on a sidewalk vendor's cart, table, persons, or other equipment. The vendor must be able to provide security camera video upon request by City Officials. The vendor shall maintain storage of at minimum one week of the most current security camera video.
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D. No advertising shall be permitted, except to identify the name of the food or merchandise sold or the name of the vendor and the posting of prices. Any such sign shall be a maximum of four square feet and not exceeding a height of five feet.” SECTION 11. Section 10.16.021 “Restriction of Commercial Vehicles in Front Yards, Paved Driveways and Side Yards of Residential Areas” of Chapter 10.16 – STORAGE OF VEHICLES – INTERSECTION OBSTRUCTION of the Grand Terrace Municipal Code is hereby amended to read in its entirety as follows:
“The parking and/or storage of the following commercial vehicles in the front yards, front yard paved area, driveway, or side yards when these are visible from the street shall be prohibited in all residentially zoned areas (refer to graphic display):
EXAMPLES
* These trailers (nonmotorized vehicles) are already prohibited from being stored on residential front yards per Zoning Code Section 18.73.200.
A. Large commercial trucks above seven feet in height, above twenty-two feet in length.
Refer to graphic illustration from State Vehicle Code;
B. Three or more axle trucks;
C. Tow trucks;
D. Concrete mixer trucks;
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E. Flatbed trucks;
F. Tractor/cabs only;
G. Tank vehicles (i.e., water, oil, liquids);
H. Big rigs and their trailers;
I. Farm-related vehicles;
J. Delivery trucks/vans (i.e., ice cream, materials, goods and services); [3] K. White (or colored) panel or box trucks (i.e., goods, produce, bread etc.).* Footnotes:
--- (3) ---
These two types are not considered commercial vehicles per the State Vehicle Code unless carrying hazardous materials. However, when used for commercial purposes, State DMV requires a commercial driver's license.”
SECTION 13. Section 12.32.140 “Park Hours” of Chapter 12.32 – CONDUCT ON PUBLIC PROPERTY PARKS of the Grand Terrace Municipal Code is hereby amended to read in its entirety as follows:
“12.32.140 Park hours.
As a general rule, parks shall be open to the public every day of the year between the hours of 7:00 a.m. and sunset. However, the City Manager may, in their reasonable discretion, extend or limit such hours for any park or portion of any park. No person shall enter, be or remain in any park during the time when such park is closed unless they have obtained a permit therefor from the City Manager or their designee. Park closing hours shall be posted at park entrances.” SECTION 14. Section 12.56.070 “Design and Development Standards” of Chapter 12.56 – WIRELESS TELECOMMUNICATIONS FACILITIES IN THE PUBLIC RIGHT-OF-WAY of the Grand Terrace Municipal Code is hereby amended to read in its entirety as follows:
“12.56.070 Design and development standards.
A. SWF design and development standards. SWFs are subject to those design and development standards and conditions of approval set forth in the SWF Regulations. The City's grant of a WTFP for a SWF does not waive, and shall not be construed to waive, any standing by the City to challenge any FCC orders or rules related to small cell facilities, or any modification to those FCC orders or rules.
B. Eligible facilities request design and development standards. Approved eligible facilities requests for which the findings set forth in Section 12.56.060 have been made are subject to the following conditions, unless modified by the approving authority:
1. WTFP subject to conditions of underlying permit. Any WTFP granted in response to an application qualifying as an eligible facilities request shall be subject to the terms and
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conditions of the underlying permit and all such conditions that were applicable to the facility prior to approval of the subject eligible facility request.
2. No permit term extension. The City's grant or grant by operation of law of an eligible facilities request permit constitutes a federally-mandated modification to the underlying permit or approval for the subject tower or base station. Notwithstanding any permit duration established in another permit condition, the City's grant or grant by operation of law of a eligible facilities request permit will not extend the permit term for the underlying permit or any other underlying regulatory approval, and its term shall have the same term as the underlying permit or other regulatory approval for the subject tower or base station.
3. No waiver of standing. The City's grant or grant by operation of law of an eligible facilities request does not waive, and shall not be construed to waive, any standing by the City to challenge Section 6409(a) of the Spectrum Act, any FCC rules that interpret Section 6409(a) of the Spectrum Act, or any modification to Section 6409(a) of the Spectrum Act.
C. Major WTFP design and development standards. All wireless telecommunications facilities subject to a Major WTFP that are located within the PROW shall be designed and maintained as to minimize visual, noise and other impacts on the surrounding community and shall be planned, designed, located, and erected in accordance with the following standards:
1. General guidelines.
a. The applicant shall employ screening, undergrounding and camouflage design techniques in the design and placement of wireless telecommunications facilities in order to ensure that the facility is as visually screened as possible, to prevent the facility from dominating the surrounding area and to minimize significant view impacts from surrounding properties and public views, all in a manner that achieves compatibility with the community and in compliance with this Code. b. Screening shall be designed to be architecturally compatible with surrounding structures using appropriate techniques to camouflage, disguise, and/or blend into the environment, including landscaping, color, and other techniques to minimize the facility's visual impact as well as be compatible with the architectural character of the surrounding buildings or structures in terms of color, size, proportion, style, and quality. c. Wireless telecommunications facilities shall be located consistent with Section
12.56.080 (Location restrictions) unless an exception is granted.
2. Traffic safety. All facilities shall be designed and located in such a manner as to avoid adverse impacts on traffic safety.
3. Blending methods. All facilities shall have subdued colors and non-reflective materials that blend with the materials and colors of the surrounding area, infrastructure and structures.
4. Equipment. The applicant shall use the least visible equipment for the provision of wireless telecommunications services that is technically feasible. Antenna elements shall be flush mounted, to the extent feasible, with all cables and wires out of public view and, to the extent feasible, concealed inside the structure, pole, etc. All antenna mounts shall be designed so as not to preclude possible future collocation by the same or other operators
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or carriers. Unless otherwise provided in this Section, antennas shall be situated as close to the ground as technically feasible.
5. Support structures.
a. Pole-mounted only. Only pole-mounted antennas (excepting wooden poles per Subparagraph 5.b. below) shall be permitted in the public right-of-way. Mountings to all other forms of support structure in the public right-of-way are prohibited unless an exception pursuant to Section 12.56.080 is granted.
b. Utility poles. Wireless telecommunications facilities shall not be located on wooden poles unless an exception pursuant to Section 12.56.080 is granted. The maximum height of any antenna shall not exceed 48 inches above the height of any existing utility pole within 100 feet of the proposed facility an existing utility pole, nor shall any portion of the antenna or equipment mounted on a pole be less than 24 feet above any drivable road surface. All installations on utility poles shall fully comply with the California Public Utilities Commission general orders, including, but not limited to, General Order 95, as may be revised or superseded.
c. Light poles. The maximum height of any antenna shall not exceed four feet above the existing height of a light pole located within 100 feet of the proposed facility. Any portion of the antenna or equipment mounted on a pole shall be no less than 16½ feet above any drivable road surface.
d. Replacement poles. If an applicant proposes to replace a pole that is an eligible support structure to accommodate the proposed facility, the replacement pole shall be designed to resemble the appearance and dimensions of existing poles near the proposed location, including size, height, color, materials and style to the maximum extent feasible.
e. Equipment mounted on a support structure shall not exceed four cubic feet in dimension.
f. No new guy wires shall be allowed unless required by other laws or regulations. g. An exception pursuant to Section 12.56.080 shall be required to erect any new support structure (non-eligible support structure) that is not the replacement of an existing eligible support structure.
h. As applicable to all new support structures (non-eligible support structures), regardless of location, the following requirements shall apply:
(i) Such new support structure shall be designed to resemble existing support structures of the same type in the right-of-way near that location, including size, height, color, materials and style, with the exception of any existing structural designs that are scheduled to be removed and not replaced. (ii) Such new support structures that are not replacement structures shall be located at least 90 feet from any eligible support structure to the extent feasible. (iii) Such new support structures shall not adversely impact scenic
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views from other structures and/or public areas and shall be located to the extent feasible in an area where there is existing natural or other feature that obscures the view of the new support structure. The applicant shall further employ concealment techniques to blend the new support structure with said features including but not limited to the addition of vegetation if feasible. (iv) A justification analysis shall be submitted for all new support structures that are not replacements to demonstrate why an eligible support facility cannot be utilized and demonstrating the new structure is the least intrusive means possible, including a demonstration that the new structure is designed to be the minimum functional height and width required to support the proposed wireless telecommunications facility.
i. All cables, including, but not limited to, electrical and utility cables, shall be run within the interior of the support structure and shall be camouflaged or hidden to the fullest extent feasible. For all support structures wherein interior installation is infeasible, conduit and cables attached to the exterior shall be mounted flush thereto and painted to match the structure.
6. Space. Each facility shall be designed to occupy the least amount of space in the right-ofway that is technically feasible.
7. Wind loads. Each facility shall be properly engineered to withstand wind loads as required by this Code or any duly adopted or incorporated code. An evaluation of high wind load capacity shall include the impact of modification of an existing facility.
8. Obstructions. Each component part of a facility shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, incommode the public's use of the right-of-way, or cause safety hazards to pedestrians and motorists.
9. Public facilities. A facility shall not be located within any portion of the public right-of-way interfering with access to a fire hydrant, fire station, fire escape, water valve, underground vault, valve housing structure, or any other public health or safety facility.
10. Screening. All ground-mounted facility, pole-mounted equipment, or walls, fences, landscaping or other screening methods shall be installed at least 18 inches from the curb and gutter flow line.
11. Accessory equipment. Not including the electric meter, all accessory equipment shall be located underground, except as provided below:
a. Unless City staff determines that there is no room in the public right-of-way for undergrounding, or that undergrounding is not feasible, an exception pursuant to Section 12.56.080 shall be required in order to place accessory equipment aboveground and concealed with natural or manmade features to the maximum extent possible.
b. When above-ground is the only feasible location for a particular type of accessory equipment and will be ground-mounted, such accessory equipment shall be enclosed within a structure, and shall not exceed a height of five feet and a total footprint of ten square feet, and shall be fully screened and/or camouflaged, including the use of
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landscaping, architectural treatment, or acceptable alternate screening. Required electrical meter cabinets shall be located within the structure. Also, while polemounted equipment is generally the least favored installation, should pole-mounted equipment be sought, it shall be installed as required in this Chapter. c. Structures shall maintain clear sight triangles at all intersections. d. In locations where homes are only along one side of a street, above-ground accessory equipment shall not be installed directly in front of a residence. Such above-ground accessory equipment shall be installed along the side of the street with no homes.
12. Landscaping. Where appropriate, each facility shall be installed so as to maintain and enhance existing landscaping on the site, including trees, foliage and shrubs. Additional landscaping shall be planted, irrigated and maintained by applicant where such landscaping is deemed necessary by the City to provide screening or to conceal the facility.
13. Signage. No facility shall bear any signs or advertising devices other than certification, warning or other signage required by law or permitted by the City.
14. Lighting.
a. No facility may be illuminated unless specifically required by the Federal Aviation Administration or other government agency. Beacon lights are not permitted unless required by the Federal Aviation Administration or other government agency. b. Legally required lightning arresters and beacons shall be included when calculating the height of facilities such as towers and monopoles. c. Any required lighting shall be shielded to eliminate, to the maximum extent possible, impacts on the surrounding neighborhoods.
d. Unless otherwise required under FAA or FCC regulations, applicants may install only timed or motion-sensitive light controllers and lights and must install such lights so as to avoid illumination impacts to adjacent properties to the maximum extent feasible. The City may, in its discretion, exempt an applicant from the foregoing requirement when the applicant demonstrates a substantial public safety need.
e. The applicant shall submit a lighting study which shall be prepared by a qualified lighting professional to evaluate potential impacts to adjacent properties. Should no lighting be proposed, no lighting study shall be required.
15. Noise.
a. Backup generators shall only be operated during periods of power outages, and shall not be tested on weekends or holidays, or between the hours of 8:00 a.m. and sunset.
b. At no time shall equipment noise from any facility exceed the noise levels permitted by Chapter 8.28 of this Code.
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16. Security. Each facility shall be designed to be resistant to, and minimize opportunities for, unauthorized access, climbing, vandalism, graffiti and other conditions that would result in hazardous situations, visual blight or attractive nuisances. The Public Works Director or the approving City body, as applicable, may require the provision of warning signs, fencing, anti-climbing devices, or other techniques to prevent unauthorized access and vandalism when, because of their location and/or accessibility, a facility has the potential to become an attractive nuisance. Additionally, no lethal devices or elements shall be installed as a security device.
17. Modification. Consistent with current State and Federal laws and if permissible under the same, at the time of modification of a wireless telecommunications facility, existing equipment shall, to the extent feasible, be replaced with equipment that reduces visual, noise and other impacts, including, but not limited to, undergrounding the equipment and replacing larger, more visually intrusive facilities with smaller, less visually intrusive facilities.
18. The installation and construction approved by a wireless telecommunications facility permit shall begin within one year after its approval or it will expire without further action by the City.
19. Conditions of approval. All Major WTFPs shall be subject to such conditions of approval as reasonably imposed by the Public Works Director or the approving City body, as applicable, as well as any modification of the conditions of approval deemed necessary by the Public Works Director or the approving City body.” SECTION 15. Section 15.56.130 “Irrigation Scheduling” of Chapter 15.56 – WATER EFFICIENT LANDSCAPE of the Grand Terrace Municipal Code is hereby amended to read in its entirety as follows:
“15.56.130 Irrigation Scheduling.
A. For the efficient use of water, all irrigation schedules shall be developed, managed, and evaluated to utilize the minimum amount of water required to maintain plant health.
Irrigation schedules shall meet the following criteria:
1. Irrigation scheduling shall be regulated by automatic irrigation controllers.
2. Overhead irrigation for residential and commercial land shall be regularly scheduled between 8:00 p.m. and 10:00 a.m. unless weather conditions prevent it. If allowable hours of irrigation differ from the local water purveyor, the stricter of the two shall apply. Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance. Overhead irrigation of agricultural property in an Agricultural Overlay requires a Conditional Use Permit to establish scheduled hours. An overhead irrigation system means irrigation systems that deliver water through the air by applying irrigation water which is comparable to rainfall. Water is spread through a system of pipes generally by pumping, or pressurized municipal water supplies. It is then sprinkled into the air and covering an entire soil surface through spray heads so that it breaks up into small water drops which fall to the ground.
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3. For implementation of the irrigation schedule, particular attention must be paid to irrigation run times, emission device, flow rate, and current reference evapotranspiration, so that applied water meets the estimated total water use.
Total annual applied water shall be less than or equal to maximum applied water allowance (MAWA). Actual irrigation schedules shall be regulated by automatic irrigation controllers using current reference evapotranspiration data (e.g., CIMIS) or soil moisture sensor data.
4. Parameters used to set the automatic controller shall be developed and submitted for each of the following:
a. The plant establishment period;
b. The established landscape; and
c. Temporarily irrigated areas.
B. Each irrigation schedule shall consider for each station all of the following that apply:
1. Irrigation interval (days between irrigation);
2. Irrigation run times (hours or minutes per irrigation event to avoid runoff);
3. Number of cycle starts required for each irrigation event to avoid runoff;
4. Amount of applied water scheduled to be applied on a monthly basis;
5. Application rate setting;
6. Root depth setting;
7. Plant type setting;
8. Soil type;
9. Slope factor setting;
10. Shade factor setting; and
11. Irrigation uniformity or efficiency setting.”
SECTION 16. Section 18.10.040 “Site Development Standards” of Chapter 18.10 – RESIDENTIAL DISTRICTS of the Grand Terrace Municipal Code is hereby amended to read in its entirety as follows:
“18.10.040 Site Development Standards.
The site development standards established for each residential district are as shown in Table 18.10.040.
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TABLE 18.10.040
SITE DEVELOPMENT STANDARDS
Development Issue RH R1-20 R1-10 R1-
7.2 R2 R3 R3-S R3-20 R3-24
Area (Minimum square feet) _
a 20,000 10,000 7,200 10,000 12,000 g 12,000 12,000
Width (Minimum linear feet)
* Interior Lot _a 100 60 60 60 60 g 60 60
* Corner Lot _a 100 70 70 70 70 70 70
Lot Depth (Minimum linear feet) _
a 150 100 100 100 100 g 100 100
Street Frontage (Minimum linear
feet)
_
a 50 40 40 40 40 g 40 40
Setbacks (Minimum linear feet)
•Front Yard _
a 25b 25b 25b 25b 25b 25b 25b
•Rear Yard _
a 35b 35b 20b 20b 20b 20b 20b
•Side Yard
- Interior Lot g
With Garage _
a 10b 10b 10b 10b 10b 10b 10b
Without Garage _
a 5b 5b 5b 5b 10b 10b 10b
- Corner Lot
Street side _
a 15b 15b 15b 15b 15b 15b 15b
No Street side _
a 5 5 5 5 10 10 10
Density (Allowable dwelling units per
acre)
_
a 1-2 1-4 1-5 1-9 1-12c Max.
20 13-20c 20-24c
Living Area (Minimum square feet)
* Single Family _a 1,350d 1,350d 1,350d 1,350d 1,350d
* Duplex, Triplex, Four-plex and
Multiple Family
- One (1) Bedroom - - - - 675d 675d
- Two (2) Bedroom - - - -
850d 850d
Three (3) Bedroom 1,025d 1,025d
For each additional bedroom 175d 175d
Height (Maximum linear feet) _
a 35e 35e 35e 35e 35e g 35e 35e
Lot Coverage (Maximum percent) _
a 40 50 50 60f 60 g 60 60
Distance Between Buildings
(Minimum linear feet)
_
a 5 5 5 20 20 g 20 20
Footnotes:
a. 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 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. b. The following exceptions apply to front, rear and side yard requirements as noted:
1. The minimum side and rear yard setback for a patio cover shall be five feet.
2. The minimum rear yard setback for an accessory structure shall be ten feet.
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3. Slopes exceeding five percent shall be permitted no closer to a residential structure than a distance equal to the required side and rear yard setbacks. In the R1-10 district and the R1-20 district, the thirty-five foot rear yard setback may include ten feet of slope that is greater than five percent.
4. In the case of a parcel or tract map, the twenty-five foot front yard setback requirement may range from twenty-two feet to twenty-eight feet, with an average of twenty-five feet for all proposed lots.
5. In the case where an existing legal nonconforming structure is located within a required setback area, the legal nonconforming structure may be enlarged within the required setback area subject to the following conditions:
a. The proposed addition does not further reduce the depth of the existing setback area; and
b. The proposed addition is located no closer than five feet from any property line. c. A density bonus shall be permitted in accordance with the California Government Code and this Title.
d. For the purposes of this chapter, the following term shall be defined as follows:
"Living area" means the enclosed area of a residential dwelling unit, excluding porches, patios, carports, garages, storage areas or auxiliary rooms. e. Accessory structures shall not exceed twenty feet in height, with exceptions as listed in Section 18.73.090 of this title.
f. Not more than the permitted percent of the total parcel may be devoted to main and accessory structures, parking areas, driveways and covered patios. The remaining percent of the total parcel shall be devoted to open areas such as landscaping, lawn, outdoor recreational facilities, incidental to residential development, including swimming pools, tennis courts, putting greens, uncovered patios and walkways. Said open areas shall consist of not less than two hundred square feet of open space per dwelling unit. g. Senior citizen housing's development standards will be established through the specific plan process. All senior citizens housing projects in the R3-S zone will require specific plan process; however, in no circumstance shall the density exceed twenty unit/acre.” SECTION 17. Section 18.53.020 “Table 15.53.020 Agricultural Overlay Standards” of Chapter 18.53 – AG AGRICULTURAL OVERLAY DISTRICT of the Grand Terrace Municipal Code is hereby amended to read in its entirety as follows:
“Table 18.53.020: Agricultural Overlay Standards
“TABLE 18.53.020
Agricultural Overlay Standards
Type of
Animal or
Use
Minimum Site
Area per
Animal or Use
(square feet)
Maximum
Number of
Animals
Permitted Use (P) or
Conditionally Permitted
Use (C)
Each horse, mule,
donkey or ponya
10,000 6 P
Each large animal other
than a horse, mule,
donkey or ponya
20,000 3 C
Each small
animal;sup\sup;
4,000 12c P
Each 5 birds or rodents 4,000 25 P
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Exotic or wild animals 20,000 3 C
Horticultural crops or
tree farming
20,000 NA P
Overhead irrigation
schedule for orchards,
groves, nurseries, field
crops, tree crops, berry
crops, bush crops, truck
gardening and
commercial flower
growing.
NA NA C
Footnotes:
a. A pony, defined as any horse measuring 14 hands and two inches or less in height at the withers, may be kept in addition to the keeping of two horses on a 20,000 square foot parcel.
b. A "small animal" shall be defined as an animal weighing less than 250 pounds. c. No more than one male goat shall be permitted.”
SECTION 18. Section 18.56.030 “Conditionally Permitted Uses” of Chapter 18.56 – AG-2 AGRICULTURAL 2 OVERLAY DISTRICT of the Grand Terrace Municipal Code is hereby amended to read in its entirety as follows:
“18.56.030 Conditionally Permitted Uses.
Uses permitted in the AG-2 overlay district with a conditional use permit are as follows:
A. Animal keeping and boarding. All animals, excepting household pets, shall be kept at a minimum distance of 70 feet from any structure or area used for human habitation or public assembly (e.g. parks, churches, etc.) on adjoining property. The area of human habitation shall not include cabanas, patios, attached or detached private garages or storage buildings. The combined total number of animals kept on any one site shall not exceed the maximum number and combination of animals allowable as identified in Table
18.56.030.
B. Apiaries, provided that no hives or boxes housing bees are kept closer than 200 feet from any dwelling other than that occupied by the property owner.
C. Orchards, groves, nurseries, field crops, tree crops, berry crops, bush crops, truck gardening and commercial flower growing, including the drying, packing, canning, freezing, or other acceptable methods of processing of fruits, nuts, vegetables and other horticultural products where such processing is primarily in conjunction with a farming operation and the structures used for such processing are located at least 20 feet from the property line.
D. Sale of fruit, vegetables, produce and flowers and other similar products grown on the property; provided, however, that roadside stands used for such sales shall not exceed 250 square feet.
E. Riding stables and academies; provided that the minimum lot size for such uses shall be not less than five acres, and that all buildings for the housing, feeding, or rental of such
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animals shall be at least 100 feet from any property line, and 500 feet from any residential zone, church, school, park or hospital.
F. Sheep grazing only for the purpose of clearing unharvested crops or stubble, with no limit on the number of animals, for a period not exceeding 30 days in any six-month period.
Special application for such temporary grazing shall be made in writing, and approved by the Planning Director prior to commencement.
G. Single-family residences, provided that such use is ancillary to a commercial agricultural use, and that residential uses and structures, including accessory residential uses and structures, do not occupy more than 25 percent of the site area.
H. Accessory structures and uses. Private garages used by persons residing on the premises, cabanas, laundry rooms, workshops, stables, barns, tack rooms, pens, corrals, and similar animal keeping/agricultural structures, provided these structures shall not be used as a habitable dwelling or space, as defined by the adopted Uniform Building Code.
Approval shall be through a minor conditional use permit review.
I. Other uses which are determined by the City Council to be similar in nature to a use listed in this Section.
J. Overhead irrigation schedule for orchards, groves, nurseries, field crops, tree crops, berry crops, bush crops, truck gardening and commercial flower growing.” SECTION 19. Section 18.64.040 “Sustainable Design” of Chapter 18.64 – OBJECTIVE DESIGN STANDARDS of the Grand Terrace Municipal Code is hereby amended to read in its entirety as follows:
“18.64.040 Sustainable Design.
A. LEED Certification Requirement. For the purposes of this Chapter, all multifamily residential buildings and sites and mixed-use buildings and sites with a residential use shall demonstrate that the application qualifies for the most current version of LEED Certification," as one of the four different levels of LEED certification – Platinum, Gold, Silver, and Certified, or an equivalent standard as defined by the Leadership in Energy and Environmental Design (LEED) of the United States Green Building Council (GBCI).
Plans and/or supplemental specifications shall be provided at the time an application is submitted for preliminary or formal review as required by City application forms/checklists as established by the Director.
B. Water Efficient Landscape Requirement. For the purposes of this Chapter, all multifamily residential development and mixed-use development with a residential use shall demonstrate that the application is in compliance with all applicable requirements by the Riverside Highland Water Company and compliance with the City's Water Efficient Landscape regulations in Chapter 15.56. The landscaping application shall demonstrate conformance with the latest Model Water Efficient Landscape Ordinance (MWELO) guidelines by the California Department of Water Resources. Plans and/or supplemental specifications shall be provided at the time an application is submitted for preliminary or formal review as required by City application forms/ checklists established by the Director.”
Ordinance No. ___
SECTION 20. Sections 18.80.050 “Signs on Public Property” and 18.80.130 “General Provisions” of Chapter 18.80 – SIGNS of the Grand Terrace Municipal Code are hereby amended to read in their entirety as follows:
“18.80.050 Signs on public property.
A. General Prohibition. Except as provided for in this Section, no signs may be displayed on City property by private parties. Any sign posted on City property in violation of this Section may be summarily removed by the City.
B. The following signs are exempt from the provisions of this sign code:
1. Traffic control and traffic directional signs erected by the City or another governmental unit.
2. Official notices required or authorized by law.
3. Signs placed by any governmental agency, utility or special district, in furtherance of these entities' official functions.
C. Human Advertisements. All human advertisement is prohibited on public property in the City.
D. Exception: Temporary Off-Site Commercial Signs.
1. The following temporary signs may be placed in the public right-of-way, subject to a sign permit: Signs for any business that provides goods or services that meet one or more of the following criteria: (1) the business is of a transitory or temporary nature; (2) the business does not have a fixed place of business or the goods or services themselves cannot practically be viewed and/or sold out of one business location or any business location.
2. Before a business may place its signs in the public right-of-way pursuant to this Section, the director must make a finding, in accordance with the procedures in Subsection 18.8.050.E, that a particular type of business satisfies the criteria in Subsection 18.80.050.D.
3. Without a prior finding by the Director, temporary signs for the following goods and services are deemed to satisfy the criteria for the exception in Subsection D.1, above:
a. Real estate directional signs, directing to properties that are for sale or for rent within the City limits.
b. Yard sale directional signs, including garage sales and estate sales, directing where such sales are to occur.
4. Temporary signs in the public right-of-way are subject to all of the following limitations:
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a. Signs shall be temporary signs, and will not be permanently affixed to or in the public right-of-way, but may be anchored or weighed down to or in the public right-of-way to prevent them from falling or being blown into the street or sidewalk.
b. Temporary signs displayed under this Section shall only be placed in landscaped parkways, and shall not be placed on the sidewalk or in the center street median.
c. No signs shall be placed on utility poles, light or traffic light poles, traffic signs or traffic sign poles, street trees or fences.
d. No more than 25 signs per licensed entity may be temporarily placed in the public right-of-way at any one time.
e. The sign area shall be no larger four square feet.
f. All signs shall not exceed three feet in height, measured from the highest street grade in contact with the sign to the top of the sign. g. No signs shall be placed so as to obstruct pedestrians' and motorists' view of signs erected by a local, State, or Federal governmental agency, including but not limited to traffic signs, public directional signs, parking signs, and street address signs.
h. No signs shall be placed so as to obstruct or hinder sidewalk or street access by pedestrians and vehicles.
i. No signs shall be placed so as to obstruct ingress and egress to any public or private property.
j. Temporary signs displayed under this Section shall only be placed on the public right-of-way Thursday through Sunday during the hours of 7:00 a.m. to 11:00 p.m.
k. Temporary signs in the public right-of-way shall not be illuminated, either internally or externally, shall not have flashing lights, shall not have any moving parts or be caused to be moved, and shall not generate any source sounds (including radio waves), and shall not release steam or smoke. l. Any other reasonable restrictions, or modifications to the above restrictions, which the Director finds are necessary to further the purposes of this Code, consistent with the type of sign or business.
E. Exception and Appeal.
1. The Director must make the determination of whether a business falls within the exception in Subsection 18.80.050.D within five business days of receipt of a written request by the sign's owner for such determination. The Director shall notify the applicant of his or her decision forthwith by U.S. Mail.
Ordinance No. ___
2. In the event that the Director denies the request, or fails to make a determination within the time prescribed, the applicant may appeal the Director's decision in writing to the City Manager, who shall review all relevant evidence relating to the appeal. The City Manager shall make a determination within five business days of receipt of the appeal. The City Manager shall notify the applicant of the determination forthwith by U.S. Mail.
3. In the event that the City Manager denies the request, or fails to make a determination within the time prescribed, the applicant may appeal the City Manager's decision in accordance with Section 18.80.090, Appeals.” “18.80.130 General Provisions.
This Section describes the provisions applicable to all signs regulated by this Chapter.
Certain types of signs may also be subject to additional provisions.
A. Sign Area Measurement Procedures. Sign area shall be computed by including the entire area within a single, continuous, rectilinear perimeter of not more than eight straight lines, or a circle or an ellipse, enclosing the extreme limits of the writing, representation, emblem, or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed, but not including any supporting framework or bracing that is clearly incidental to the display itself. Backing plates shall count as part of the sign area unless they are transparent. In the case of two-sided, multi-sided, or three-dimensional signs, the area shall be computed as including the maximum single display surface which is visible from any ground position at one time.
B. Sign Height Measurement. Sign height shall be measured as the greatest vertical distance measured from the grade at the point the sign supports intersect the ground and any accompanying architectural features of the sign. However, if the sign is constructed upon an artificial berm, the height of the signs, as measured from the toe of slope or berm, shall not exceed 125 percent of the maximum height allowed by this Chapter.
Ordinance No. ___
C. Calculation.
1. For wall signs, the permitted area for any sign shall be calculated based only on the frontage or side of a building on which the sign is located.
2. When more than one business is located in a building, the allowable sign area for each business shall be based upon the length of the lineal building frontage occupied by that business.
E. Construction Requirements. Every sign and all parts, portions, and materials thereof shall be manufactured, assembled, and erected in compliance with all applicable State, Federal, and City laws and regulations, including the locally adopted building code. All signs shall comply with the following criteria:
1. All transformers, equipment, programmers, and other related items shall be screened and/or painted to match the building or shall be concealed within the sign.
2. All permanent signs shall be constructed of quality, low-maintenance materials such as metal, concrete, natural stone, glass, and acrylics. Techniques shall be incorporated during construction to reduce fading and damage caused by exposure to sunlight or degradation due to other elements. The application of graffiti resistant coating is recommended.
3. All freestanding signs that incorporate lighting shall have underground utility service.
4. All temporary signs and banners shall be made of a material designed to maintain an attractive appearance for as long as the sign is displayed.
E. Clearance from Public Utility Facilities. The person erecting a sign, and the owner of the premises, shall maintain any legally required clearance from communications and electric facilities. A sign may not be constructed, erected, installed, maintained, or repaired in any manner that conflicts with any rule, regulation, or order of the California Public Utilities Commission pertaining to the construction, operation, and maintenance of public utilities facilities.
F. Interference with Motorist Field of Vision.
1. No sign shall be located in a manner which may obstruct or interfere with the view of a traffic signal or other traffic regulatory signs.
Ordinance No. ___
2. No sign shall, as determined by the City Engineer, be located so as to create a hazard to the life or property of any person using the public right-of-way.
3. Any required landscaping may be trimmed as needed to provide maximum visibility of the sign or signs.
4. Signs shall not be located within the clear sight triangle.
G. Obstruction of Passage.
1. No sign shall be constructed so as to obstruct any required exit, including windows, doors, fire escapes or other emergency exit of any building.
2. No sign shall be constructed or located so as to obstruct any sidewalk.
H. Sign Siting.
1. Location of Signs Attached to Buildings. Building signs may be located along any frontage of a building that faces directly onto a public right-of-way or an internal parking area of the site. Where the building is within 100 feet of a residential use, any signage facing that residential use shall not be illuminated.
2. Setback and Spacing of Freestanding Signs.
a. Where a setback exists, the minimum setback distance for freestanding signs shall be measured from the back of the public right-of-way or side of a driveway.
b. The minimum spacing distance between permanent freestanding signs, excluding on-site directory signs, shall be 50 feet. The director will review a proposed sign location on a case-by-case basis to ensure the sign is located outside the required clear sight triangle and does not otherwise inhibit motorist safety.
I. Maintenance Requirements. Every sign, and all parts, portions, and materials thereof shall be maintained and kept in proper repair. The display surface of all signs shall be kept clean, neatly painted, and free from rust and corrosion. Any cracked, broken surfaces, malfunctioning lights, missing sign copy, or other poorly maintained or damaged portions of a sign shall be repaired or replaced within 30 days following notification by the City.
J. Sign Removal or Replacement. When a sign is removed or replaced, all brackets, poles, and other structural elements that support the sign shall also be removed. Affected building surfaces shall be restored to match the adjacent portion of the structure. This requirement does not apply to routine maintenance.
K. Electronic Signs. The City finds and declares that a proliferation of electronic display signs throughout the City, and especially located on arterial streets pose a danger to the motoring public because of potential distraction from their change of message, scale, format, and other physical qualities that differentiate them from other sign types.
Therefore, the City through this sign code limits electronic signs to be displayed only in specified areas of freeway corridors, where the impacts on driver safety are minimized. All
Ordinance No. ___
electronic display signs existing in the City as of the effective date of this Chapter, unless specifically permitted by this Code, are declared legal nonconforming signs and may continue to operate in accordance with Section 18.80.220 (Nonconforming and abandoned signs).
1. The limitation established by this Section shall not apply to manually changeable copy signs or freeway signs.
2. Signs providing information on fuel price and grade and fueling stations, as well as signs displaying time and temperature information shall be exempt from this limitation on electronic display signs. Illumination levels shall conform to Subsection 18.80.140.A.3 of this Chapter.”
SECTION 21. Section 18.82.010 “Residential Care Facilities” of Chapter 18.82.010 – STANDARDS FOR SPECIFIED LAND USES of the Grand Terrace Municipal Code is hereby amended to read in its entirety as follows:
“18.82.010 - Residential Care Facilities.
A. Purpose. This Section provides standards for the establishment and operation of residential care facilities.
B. Applicability. The standards in this Chapter apply to residential, group or community care facilities where allowed in compliance with Chapter 18.10 (Residential Zones).
C. Development and Operational Standards.
1. Residential Care Facilities Serving Six or Fewer Persons. Each residential care facility shall conform to the property development standards for the land use zoning district in which it is located.
2. Residential Care Facilities Serving Seven or More Persons. a. Applicable Land Use Zoning District Development Standards. Each residential care facility shall conform to the property development standards for the land use zoning district in which it is located. b. Additional Application Filing Requirements. The following information shall accompany the conditional use permit application for a residential care facility:
i. Client profile (the subgroup of the population of the facility is intended to serve such as single men, families, elderly, minor children, developmentally disabled, etc.);
ii. Maximum number of occupants and hours of facility operation; iii. Term of client stay;
iv. Support services to be provided on-site and projected staffing levels; and
Ordinance No. ___
v. Rules of conduct and/or management plan.
c. Separation. Residential care facilities shall not be located within 300 feet of another similar facility, except that the separation requirement shall be increased to 1,000 feet, as measured from the nearest outside building walls where the other use is a parolee/probationer or sober living home. d. Walls. Residential care facilities shall provide a six-foot high solid decorative block wall along all property lines, except in the front yard. Walls shall provide for safety with controlled points of entry and shall incorporate decorative materials and features.
e. Landscaping. On-site landscaping shall be regularly maintained, including providing irrigation.
f. Outdoor Lighting. Outdoor lighting shall comply with Chapter 18.60 (OffStreet Parking). g. Parking. All garage and driveway spaces associated the facility shall, at all times, be available for the parking of vehicles. The precise number of parking spaces required will be determined by the operating characteristics of the specific proposal.
h. Signs. No commercial identification signs shall be allowed within a residential land use zoning district.
i. Sleeping Areas. No room commonly used for other purposes shall be used as a sleeping room for any resident, visitor, or staff person. This includes any hall, stairway, unfinished attic, garage, storage area, shed or similar detached building.
j. Fire Department Requirements. Each residential care facility shall provide fire extinguishers and smoke detector devices and shall meet all standards established by the Fire Chief.
k. Noise. Outdoor activities shall be conducted only between the hours of 7:00 a.m. and sunset.
l. Applicable Health and Safety Regulations. Residential care facilities shall be operated in compliance with applicable State and local health and safety regulations.
m. Required Permits and Licenses. Residential care facilities shall be in conformance with the California Building Code. A certificate of occupancy shall be obtained from the Building and Safety Division before occupancy of residential care facilities.”
SECTION 22. Based upon the forgoing and all oral and written communications from members of the public and City staff (including, but not limited to, all oral and written staff reports and attachments) presented at the November 21, 2024, and February 27, 2025, Planning
Ordinance No. ___
Commission Public Hearings; and, the March 25, 2025, and ______ ____, 2025, City Council Public Hearings, the City Council hereby adopts Ordinance No. ___ approving Zoning Code Amendment (ZCA) 24-04, and adopts and finds an environmental exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines.
SECTION 23. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase contained approved by this Ordinance, or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity of effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council of Grand Terrace hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases are declared unconstitutional, invalid, or ineffective.
SECTION 24. First read at a regular meeting of the City Council held on the 25th day of March 2025, and adopted the Ordinance after the second reading at a regular meeting held on the __day of _____ 2025.
SECTION 25. City staff is hereby authorized and directed to file a Notice of Exemption (NOE) with respect to the adoption of this Ordinance.
SECTION 26. The Mayor shall sign, and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published and posted pursuant to the provisions of law in that regard and this Ordinance shall take effect thirty (30) days after its final passage.
Ordinance No. ___
Signatures on the following page.
APPROVED AND ADOPTED by the City Council of the City of Grand Terrace, California, at a regular meeting held on the ___ day of April 2025. __________________________
Mayor Bill Hussey
ATTEST:
Daysi Alcocer
City Clerk
APPROVED AS TO FORM:
Adrian R. Guerra
City Attorney
Ordinance No. ___
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) SS.
CITY OF GRAND TERRACE )
I Daysi Alcocer, City Clerk of the CITY OF GRAND TERRACE, CALIFORNIA, DO HEREBY CERTIFY that the foregoing Ordinance was duly passed, approved and adopted by the City Council at a regular meeting of said City Council held on the ___ day of April 2025, and that and that it was adopted by the called vote as follows:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSE:
Executed this ___ day of April 2025, at Grand Terrace, California. ___________________________
Daysi Alcocer
City Clerk
Attachment 2
ZCA 24-04 Redlined Additions and Strikethrough Deletions to the Municipal Code Chapter 5.06 HOME OCCUPATION PERMITS
Sections:
“5.06.050 Evaluation and notice.
If tThe community development director or his/her their designee finds that the proposed use shall review a Home Occupation Permit. If it meets the criteria set forth in this chapter, the Home Occupation Permit shall be approved. If it does not meet the criteria set forth in this Chapter, the Home Occupation pPermit request shall be denied. If the proposed use does meet the aforementioned criteria, or they can provide notice shall be given to all owners of contiguous property, seeking their support or opposition to the Home Occupation Permit. The notice shall makeing them contiguous property owners aware of the character and scope of the proposed use Home Occupation Permit and requesting their comments support or opposition to the Home Occupation Permit:
A. "Contiguous property," for the purposes of this Chapter, is defined as those properties which touch property lines of any parcel that is the subject of a request for a home occupation permit, including those properties which touch the property lines of the subject parcel when projected across public or private rights-of-way or easements.
B. Notice shall be given by first class mail or delivery to all contiguous property owners for home occupation permits.
C. Notice may be given in such other manner as is deemed necessary or desirable by the community development director in order to achieve sufficient notice.
D. Notice shall include all necessary information to give those receiving the notice a reasonable opportunity to evaluate the implications of the proposal and to participate in the decision-making process.”
“5.06.060 Decision to approve or deny.
Within ten (10) days after receiving a compliant application, the community development director or their designee shall review the initial findings and notify the applicant if they are compliant and approved. Within Ffourteen (14) days after giving notice to contiguous property owners of an application that does not meet one or more of the criteria listed in this Chapter, the community development director or his/her their designee shall review the initial findings and notify the applicant and contiguous property owners of his/her their decision to approve or deny the Home Occupation Permit.”
Chapter 5.40 GARAGE SALES
Sections:
“5.40.050 Length—Frequency—Hours.
Not more than two garage sales may be conducted by any person or upon a lot or parcel of land during any period of 12 consecutive months. Such garage sale shall not be conducted for
longer than three consecutive days. The sale shall not be conducted between the hours of 8:00 p.m. sunset of any one day and 87:00 a.m. of the following day.” Chapter 5.42 INTEGRATED WASTE MANAGEMENT
Sections:
“5.42.160 Frequency of removal.
A. Persons in charge of the day-to-day operation of properties other than commercial food preparation establishments, shall make arrangements to have removed, not less frequently than once a week, from the property upon which the residence or residences are located, all refuse on the premises.
B. Every person in charge of commercial food preparation establishments, shall cause all refuse to be removed from the property not less frequently than twice a week.
C. The City Manager or their designee may specify the frequency of collection of refuse created, produced or brought upon the premises of commercial or multifamily residential premises, and the size and number of bins required.
D. Collection shall be made only between the following hours:
1. For multiple family residential and commercial properties between of 6:00 a.m. and 5:00 p.m. of any day, Monday through Saturday.
2. For single family residential properties between the hours of 6:30 a.m. and 5:00 p.m., Monday through Saturday. Commercial pickup may begin at 5:00 a.m.
Earlier Alternative pickup time hours may be authorized only upon prior written approval of the City Manager or their designee, which shall include requirements for the contractor to notify the affected customers prior to implementing the change.
E. In order to prevent problems of traffic, noise, wear and tear on the highway, or other problems having the potential to adversely affect health, safety or the environment, which may develop in any specific area as a result of solid waste collection, the City Manager or their designee may regulate the routes, intervals, delivery points, and times for collection by all contractors operating within the City.”
Chapter 5.48 MASSAGE PARLORS AND MASSAGE TECHNICIANS
Sections:
“5.48.110 Hours of operation—Food or beverages.
No massage parlor shall be open between the hours of ten 11:00 p.m. and seven a.m.
Massage parlors shall not serve food or beverages on the premises of the massage parlor.”
“Chapter 8.108 NOISE
Sections:
“8.108.010 Intent.
It is the intent of this Chapter to protect properties within the City and the health and safety of persons from environmental nuisances and hazards and provide a pleasing environment throughout the City by providing an acceptable noise environment for existing and future residents within the city. The city seeks to accomplish this by establishing the following:
A. A community noise standard that specifies acceptable noise limits for various land uses and activities; and
B. Measures to minimize noise impacts from transportation-related noise sources; and C. Measures to minimize noise impacts from non-transportation related noise sources.” “8.108.020 Definitions
"A-weighted sound level (dB(A))" means an A-weighted sound level is the sound pressure level in decibels as measured on a sound level meter using the A-weighted filter network. The Aweighting filter de-emphasizes the very low and very high frequency components of the sound in a manner similar to the response of the human hearing system and provides good correlation with subjective reactions to noise.
"Community noise equivalent level (CNEL)" means the average equivalent A-weighted sound level during a twenty-four-hour day, obtained after the addition of five decibels to sound levels occurring during the evening from seven p.m. to ten p.m. and addition of ten decibels to sound levels occurring during the night from ten p.m. to seven a.m. The five and ten decibel penalties are applied to account for increased noise sensitivity during the evening and nighttime hours. The CNEL is not measured, but is computed.
"Cumulative time period" means an additive period of time composed of individual time segments which may be continuous or interrupted.
"Day-night average level (Ldn)" means the average equivalent A-weighted sound level during a twenty-four-hour day obtained after the addition of ten decibels to sound levels occurring during the nighttime from ten p.m. to seven a.m. The ten-decibel penalty is applied to account for increased noise sensitivity during the nighttime hours. The Ldn represents the daily energy noise exposure averaged on an annual basis.
"Hearing board" means the board appointed by city council as arbitrators of the Grand Terrace Municipal Code to review and determine violations, nuisances, abatement procedures, and penalties of this chapter.
"Motor-driven vehicle" shall include but is not limited to, any automobile, truck, van, bus, motorcycle, minibike, go-cart or other self-propelled vehicle, on or off road. "Noise" means any sound that exceeds the limitations set herein.
"Noise level" means the A-weighted sound pressure level in decibels audible to humans obtained by using a sound level meter. The unit of noise level measurement shall be designated as dB(A). "Person" means a person, firm, association, co-partnership, joint venture, corporation, or any entity, public or private in nature.
"Residential property" means a parcel of real property which is developed and used either in part or in whole for residential purposes, other than transient uses such as hotels and motels. "Simple tone noise" means a noise characterized by a predominant frequency, or frequencies so that other frequencies cannot be readily distinguished.” “8.108.020030 Loud, annoying, excessive and unnecessary noises prohibited.
A. Notwithstanding any specified noise level, it shall be unlawful for any person to willfully make or continue, or cause to be made or continued, any loud, unnecessary, unusual, excessive or unreasonable noise that disturbs the peace or quiet of any property neighborhood within the City or which causes discomfort or annoyance to any reasonable person of normal sensitivities residing in the area. in ownership, or control of any premises to knowingly permit a violation of this section upon said premises.
B. Irrespective of whether the noise originates within the City or outside the City, the standard that may be considered in determining whether excessive noise exists may include, but not be limited to, the following:
1. Whether the noise can be heard over 100 feet from the property line where the source of the noise is located;
2. The level of the noise;
3. Whether the nature of the noise is usual or unusual;
4. Whether the origin of the noise of natural or unnatural;
5. The level and intensity of the background noise, if any;
6. The proximity of the noise to residential sleeping facilities;
7. The nature and zoning of the area within which the noise emanates;
8. The density of the inhabitation of the area within which the noise emanates or is heard in;
9. The time of the day and night the noise occurs;
10. The duration of the noise, including whether it is of a temporary or short-term nature;
11. Whether the noise is recurrent, intermittent, or constant;
12. Whether the noise is produced by a commercial or noncommercial activity; and
13. Whether the noise produces vibrations that are felt or heard.
CB. Any law enforcement officer, code enforcement officer, or other employee or official designated by the City Manager who hears excessive noise or sound as defined in this Chapter that is plainly audible, in violation of this Chapter, may enforce this Chapter and shall assess the noise or sound according to the following standards:
1. The primary means of detection shall be by means of the official's normal hearing faculties, not artificially enhanced.
2. The official shall first attempt to have a direct line of sight and hearing to the vehicle or real property from which the sound or noise emanates so that the official can readily identify the offending source of the sound or noise and the distance involved. If the official is unable to have a direct line of sight and hearing to the vehicle or real property from which the sound or noise emanates, then the official shall confirm the source of the sound or noise by approaching the suspected vehicle or real property until the official is able to obtain a direct line of sight and hearing, and confirm the source of the sound or noise that was heard at the place of the original assessment of the sound or noise.
3. The official need not be required to identify words, song titles, artists, or lyrics in order to establish a violation.”
“8.108.030040 Exemptions.
A. There is exempted from the provisions of this Chapter the use of horns, sirens or other signaling or warning devises by persons vested with legal authority to use the same and in pursuit of their lawful duties, such as on ambulances, fire, police and other governmental or official vehicles.
B. Emergency type land uses, emergency response vehicles, and emergency notification measures shall be considered as Normally Acceptable measures and exempt from violations and or penalties.
C. Government events, sponsored events, and public works projects.
D. Utility Company projects, repairs and work.
E. Special events and community events approved by the City.
F. Religious institutions and religious related activities and events approved by the City.
G. Public Schools and school related activities and events.
H. Railroad operations and locomotives, including train whistles, horns, and warning signals, in compliance with applicable federal, state, or local regulations.
I. Collection of refuse by City contracted waste hauler.
J. Traditional residential yard landscaping maintenance activities (i.e., mechanical sweeping, mechanical grass cutting, mechanical blowing and similar activities) that occur between 7:00 a.m. and 8:00 p.m.
K. Traditional residential automotive repair activities (i.e., oil changes, brake jobs, minor automotive body or fender or other work on metal objects and metal parts) that occur between 7:00 a.m. and 8:00 p.m.
L. Testing and operation during a power outage of backup generators on residential and commercial properties that adhere to applicable zoning and building setbacks.
M. Air conditioning units and pool equipment on residential properties that adhere to applicable zoning and building setbacks.”
“8.108.040050 Special activities.
In addition to the exemptions provided for in Section 8.108.030, the following activities shall be exempted from the provisions of this Chapter:
A. City or school approved activities conducted on public parks, public playgrounds and public or private school grounds including but not limited to athletic and school entertainment events between the hours of 7:00 a.m. and 11:00 p.m.
B. Noises produced by mechanical devices, apparatus or equipment used, related to, or connected with emergency machinery, vehicles, work or warning alarm or bell, provided the sounding of any bell or alarm on any building or motor vehicle shall terminate its operation within 30 minutes in any hour of its being activated.
C. All devices, apparatus or equipment associated with agricultural operations provided as follows:
1. Operations do shall not take place between 85:00 p.m. and 7:00 a.m.
2. Such operations and equipment are utilized for protection or salvage of agricultural crops during periods of potential or actual frost damage or other adverse weather conditions.
3. Such operations and equipment associated with agricultural pest control through pesticide application provided the application is made in accordance with permits issued or regulations enforced by the California Department of Agriculture.
D. Noise sources associated with the maintenance of real property provided the activities shall not take place between the hours of 8:00 a.m. and 8:00 p.m. sunset and 7:00 a.m. on any day weekdays, and except Sunday or between the hours of 9:00 a.m. and 8:00 p.m. sunset and 9:00 a.m. on weekends Sunday.”
“8.108.060 Construction Activities.
Construction activities shall only occur between 7:00 a.m. and 5:00 p.m. on weekdays and between 9:00 a.m. and 5:00 p.m. on weekends. No construction is permitted on New Year’s Day, Thanksgiving Day, and Christmas Day. Noises sources associated with or vibration created by construction, repair, or remodeling or grading of any real property or during authorized seismic surveys, provided said activities do not take place between the hours of 8:00 p.m., and 7:00 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday.”
“8.108.050070 Prohibited Noise.
1. The following noises are prohibited and declared to be nuisances between the hours of 10:00 p.m. and 7:00 a.m. shall include but not be limited to the following, unless otherwise states in a conditional use permit or site and architectural review permit:
A. Peddlers Use of Loud Noise to Advertise Goods. No peddler or mobile vendor or any person on their behalf shall shout, cry out or use any device or instrument to make sounds for the purpose of advertising in such a manner as to create a noise disturbance.
B. Animal Noises. No person owning or having the charge, care, custody or control of any dog or other animal or fowl shall allow the same to howl, bark, yelp or make other noises in such a manner as to create a noise disturbance.
C. Loud and Boisterous Yelling, Shouting, Whistling or Singing. No person shall yell, shout, whistle or sing in a loud and boisterous manner on the public streets so as to disturb the quiet, comfort, or repose of persons in any office, dwelling, hotel or other type of residence or neighborhood.
D. Radios, Television Sets, Musical Instruments, Phonographs and Similar Devices. No person shall use, operate or permit to be played, used or operated any radio receiving set, television set, musical instrument, phonograph or other machine or device for producing or reproducing sound in such a manner as to disturb the peace, quiet or comfort of neighboring persons, or at any time with louder volume than is necessary for the convenient hearing of the person or persons who are in the room, vehicle or other enclosure in which such machine or device is operated, and who are voluntary listeners thereto. The operation of any such set, instrument or device between the hours of 10:00 p.m. and 7:00 a.m. in such a manner as to be loud or excessive at a distance of 50 feet from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this Section.
E. Sounding of Whistles, Horns, Bells, or Other Such Devices. No person shall make or cause to be made the loud, sudden and unnecessary blowing of whistles, sounding of horns, ringing of bells or use of signaling devices by operators of railroad locomotives, motor trucks and other transportation equipment. The doing of such acts between the hours of 10:00 p.m. and 7:00 a.m. in such a manner as to be loud or excessive at a distance of 50 feet from locomotives, motor trucks or other transportation equipment being operated shall be prima facie evidence of a violation of this Section.
F. Loading or Unloading of Trucks. No person shall create or cause to be created loud and excessive noise in connection with the loading or unloading of motor trucks and other vehicles, so as to disturb the peace and quiet of adjacent residential neighborhoods., between the hours of 10:00 p.m. and 7:00 a.m. The loading or unloading in such a manner as to be loud or excessive at a distance of 50 feet from the trucks or vehicles being unloaded shall be prima facie evidence of a violation of this Section.
G. Operation of Equipment. The operation or use between the hours of 10:00 p.m. and 7:00 a.m. of any pile driver, steam shovel, pneumatic hammers, derrick, steam or electric hoist, power driven saw, fork lifts, milling equipment, other tools or apparatus the use of which is attended by loud and excessive noise, or the movement of tractors, tractor trucks, or large trucks on property adjacent to residences is prohibited. The
operation of such equipment between the hours of 10:00 p.m. and 7:00 a.m. in such a manner as to be loud or excessive at a distance of 50 feet from the equipment being operated shall be prima facie evidence of a violation of this Section. However, it is not the intent of this Section to prohibit the direct movement of trucks on or off property, at any time; provided, however, that such movement directly on or off the property shall not be within 50 feet of an occupied residence.
H. Automotive Repair Works. No person shall do automotive repair, automotive body or fender or other work on metal objects and metal parts. between the hours of 10:00 p.m. and 7:00 a.m., in or adjacent to any residential district, so as to cause loud and excessive noise which disturbs the peace and quiet of the residential neighborhood.
The doing of such activities as are prohibited in this Subsection in such a manner as to be loud or excessive at a distance of 50 feet from where such prohibited activity is being done shall be prima facie evidence of a violation of this Section.
2. The following noises are prohibited and declared to be nuisances between the hours of 8:00 p.m. and 8:00 a.m. shall include but not be limited to the following, unless otherwise states in a conditional use permit or site and architectural review permit:
A. Nonresidential Maintenance Activities. Nonresidential maintenance activities in landscape and parking areas (i.e., mechanical sweeping, mechanical grass cutting, mechanical blowing) in a manner that would cause a noise disturbance to a residential zoning district.
B. Nonresidential Automotive Repair Works. No person shall do automotive repair, automotive body or fender or other work on metal objects and metal parts.” “8.108.080 Noise Performance Standards
A. Normally Acceptable. Specified land use activities that are satisfactory, based upon the assumption that any land use or building involved are of ordinary performance standards.
B. Conditionally Acceptable. Activities or Actions shall be undertaken only after a detailed analysis of the noise reduction (muffling) requirements is made and noise reduction insulation features are included as a preventive measure.
C. Normally Unacceptable. Noise levels exceeding the following ranges shall generally be discouraged. If new activities or actions proceed, a detailed analysis of the noise reduction requirements must be made and necessary noise insulation features included in the design.
D. Clearly Unacceptable. Activities shall not be undertaken or permitted.
Table 8.108.080 Performance Standards
Land Use Category and
Similar Activities
Maximum Community
Noise Exposure Levels
Ldn or CNEL, dBa
Normally Acceptable <65
Conditionally Acceptable 66 - 75
Normally Unacceptable 76 - 90
Residential
Clearly Unacceptable 91 or more
Normally Acceptable <60
Conditionally Acceptable 61 - 65
Normally Unacceptable 66 - 75
Residential (Evening)*
11:00p.m. – 7:00 a.m.
Clearly Unacceptable 76 or more
Normally Acceptable <75
Conditionally Acceptable 76 - 80
Normally Unacceptable 81- 90
Retail, Office Buildings,
Business Commercial and
Professional, Hotel
Clearly Unacceptable 91 or more
Normally Acceptable <85
Conditionally Acceptable 86 - 90
Normally Unacceptable 91 or more
Industrial, Manufacturing
Utilities, Agriculture
Clearly Unacceptable 100 or more
Normally Acceptable <70
Conditionally Acceptable 76 - 80
Normally Unacceptable 81- 85
Playgrounds, Neighborhood
Parks
Clearly Unacceptable 86 or more
“
“8.108.090 Mixed use development.
Where a new development proposal includes a mix of residential and nonresidential uses within the same project, the normally acceptable noise standard for the residential component of the project may be increased by five decibels when the noise exceeds the standards established by the performance standards.”
“8.108.100 Infill single-family residential development.
Where a new development proposal includes an infill single-family residential use, the normally acceptable noise standard for the proposal may be increased by five decibels when the noise exceeds the standards established by the performance standards.” “8.108.110 Noise level measurement criteria.
A. Any noise level measurement, made pursuant to the provisions of this chapter, shall be determined by using a sound level meter that meets the minimum requirements of the American National Standard Institute for sound level meters, or by using an equivalent instrument with associated recording and analyzing equipment that provides equivalent data.
B. Noise readings shall be taken at the receptor's/generator's property line and the receptor's building setbacks to verify noise levels as categorized in Section 8.108.060 of this chapter.
C. Irrespective of whether the noise originates within the City or outside the City, the standard that may be considered in determining whether excessive noise exists in violation of the provision of Section 8.108.020 may include, but not be limited to, the following:
1. Whether the noise can be heard over 100 feet from the property line where the source of the noise is located;
2. The level of the noise;
3. Whether the nature of the noise is usual or unusual;
4. Whether the origin of the noise of natural or unnatural;
5. The level and intensity of the background noise, if any;
6. The proximity of the noise to residential sleeping facilities;
7. The nature and zoning of the area within which the noise emanates;
8. The density of the inhabitation of the area within which the noise emanates or is heard in;
9. The time of the day and night the noise occurs;
10. The duration of the noise, including whether it is of a temporary or short-term nature;
11. Whether the noise is recurrent, intermittent, or constant;
12. Whether the noise is produced by a commercial or noncommercial activity;
13. Whether the noise produces vibrations that are felt or heard; and
14. Whether the noise level exceeds any noise level as specified in Section 8.108.060.
D. These factors shall be considered in addition to the noise levels set forth in Section 8.108.060 in determining a violation. Noises do not necessarily need to exceed those noise level limits to be considered unnecessary, or unusual so as to cause hearing loss, speech interference, sleep interference, physiological responses, or annoyance to persons in the area. This shall be determined by the city manager, or their designee on a case by case basis.” “8.108.060120 Penalty for violation.
Violations of this Chapter shall be enforced and be punishable as set forth in Chapter 1.16 (General penalties) of the Grand Terrace Municipal Code.
8.108.130 Penalty for public nuisance
Any violation of this chapter is a public nuisance and may be abated in accordance with law pursuant to Chapter 8.04 of this code.”
Chapter 8.112 FIREWORKS
Sections:
“8.112.010 Dates and hours of sale and discharge.
Safe and sane fireworks as defined by Section 12529 of the California Health and Safety Code may be sold within the City during the period of June 28th through July 4th, 12:00 noon to 9:00 p.m. by persons possessing an appropriate permit pursuant to Section 8.112.020. The selling of fireworks without a permit is prohibited. Safe and sane fireworks may be discharged solely on July 4th, between the hours of 12:00 noon to 1110:00 p.m.” Chapter 9.05 VENDING ON CITY SIDEWALKS
Sections:
“9.05.010 Definitions.
As used in this Chapter:
A. "Sidewalk vendor" means a person who sells food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one's person, upon a public sidewalk or other pedestrian path.
B. "Roaming sidewalk vendor" means a sidewalk vendor who moves from place to place and stops only to complete a transaction.
C. "Stationary sidewalk vendor" means a sidewalk vendor who vends from a fixed location.
D. “Sidewalk vendor security camera” means a surveillance camera installed on a sidewalk vendor's cart, table, persons, or other equipment, used to monitor their selling area and potentially deter crime or provide evidence in case of theft or harassment while they are working.”
“9.05.020 Selling food or merchandise—Operational requirements.
A. No sidewalk vendor shall operate without a permit pursuant to Chapter 5.64, a valid business license pursuant to Chapter 5.04 of this Code, and if selling food, a valid health permit issued by the County of San Bernardino.
B. All permits shall be displayed in a visible and conspicuous location at all times during the operation of the vending business.
C. It shall be prohibited for any sidewalk vendor to operate under any of the following conditions:
1. Vend in a residential zone after 9:00 p.m. or earlier than 8:00 a.m. between the hours of 6:00 p.m. or sunset, whichever is earlier, and 9:00 a.m. of the following day, Monday through Saturday, inclusive, and all day on Sundays and federal holidays, for the purpose of solicitation, unless such person has been requested or invited to do so by the owner or occupant of said premises;
2. Leave any stand unattended;
3. Store, park, or leave any stand overnight on any public street, sidewalk, or park;
4. Sell food or beverages for immediate consumption unless there is a litter receptacle available for patrons' use;
5. Leave any location without first disposing all trash or refuse remaining from sales conducted. Trash and refuse generated by the vending cart operations shall not be disposed of in public trash receptacles;
6. Allow any items relating to the operation of the vending business to be placed anywhere other than in, on, or under the stand;
7. Set up, maintain, or permit the use of any additional table, crate, carton, rack, or any other device to increase the selling or display capacity of his/her stand where such terms have not been described by his or her application;
8. Solicit or conduct business with persons in motor vehicles;
9. Sell anything other than that which he or she is licensed to vend;
10. Sound or permit the sounding of any device that produces a loud and raucous noise, or use or operate any loud speaker, public address system, radio, sound amplifier, or similar device to attract the attention of the public;
11. Operate within 50 feet of a fire hydrant or 25 feet of a transit stop;
12. Operate within 15 feet of the outer edge of a driveway or vehicular entrance to public or private property in residential zones;
13. Operate in a manner that does not maintain four feet of clear space on a public sidewalk;
14. Operate on any street that does not have a public sidewalk;
15. Operate a stationary vending cart in exclusively residential zones;
16. Operate a stationary sidewalk vending cart in any City park if the City or operator of the City park has signed an agreement for concessions that exclusively permits the sale of food or merchandise by a concessionaire;
17. Operate within 50 feet of an abutting residential zone within a City park;
18. Operate a sidewalk vending cart within a parking lot within a City park;
19. Operate a sidewalk vending cart within 1,000 feet from any public or private school property, during school hours or one hour before or after school hours;
20. Operate a sidewalk vending cart within 500 feet of a certified farmers' market, or swap meet during the operating hours of that certified farmers' market or swap meet. A "certified farmers' market" means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the California Food and Agricultural
Code and any regulations adopted pursuant to that Chapter. A "swap meet" means a location operated in accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the California Business and Professions Code, and any regulations adopted pursuant to that article;
21. Operate within the 500 feet of an area designated for a temporary special permit issued by the City, provided that any notice, business interruption mitigation, or other rights provided to affected businesses or property owners under the temporary special permit are also provided to sidewalk vendors. For purposes of this paragraph, a "temporary special permit" is a permit issued by the City for the temporary use of, or encroachment on, the sidewalk or other public area, including, but not limited to, an encroachment permit, special event permit, or temporary event permit, for purposes including, but not limited to, filming, parades, or outdoor concerts. A prohibition of sidewalk vendors pursuant to this paragraph shall only be effective for the limited duration of the temporary special permit;
22. Operate in violation of any other generally applicable law; and
23. Operate without a sidewalk vendor security camera installed on a sidewalk vendor's cart, table, persons, or other equipment. The vendor must be able to provide security camera video upon request by City Officials. The vendor shall maintain storage of at minimum one week of the most current security camera video.
D. No advertising shall be permitted, except to identify the name of the food or merchandise sold or the name of the vendor and the posting of prices. Any such sign shall be a maximum of four square feet and not exceeding a height of five feet.” Chapter 10.16 - STORAGE OF VEHICLES—INTERSECTION OBSTRUCTION Sections:
“10.16.021 - Restriction of commercial vehicles in front yards, paved driveways and side yards of residential areas.
The parking and/or storage of the following commercial vehicles in the front yards, front yard paved area, driveway, or side yards when these are visible from the street shall be prohibited in all residentially zoned areas (refer to graphic display):
EXAMPLES
* These trailers (nonmotorized vehicles) are already prohibited from being stored on residential front yards per Zoning Code Section 18.73.200.
A. Large commercial trucks above seven feet in height, above twenty-two feet in length.
Refer to graphic illustration from State Vehicle Code;
B. Three or more axle trucks;
C. Tow trucks;
D. Concrete mixer trucks;
E. Flatbed trucks;
F. Tractor/cabs only;
G. Tank vehicles (i.e., water, oil, liquids);
H. Big rigs and their trailers;
I. Farm-related vehicles;
J. Delivery trucks/vans (i.e., ice cream, materials, goods and services); [3] K. White (or colored) panel or box trucks (i.e., goods, produce, bread etc.).*
Footnotes:
--- (3) ---
These two types are not considered commercial vehicles per the State Vehicle Code unless carrying hazardous materials. However, when used for commercial purposes, State DMV requires a commercial driver's license.”
Chapter 12.32 CONDUCT ON PUBLIC PROPERTY—PARKS
Sections:
“12.32.140 Park hours.
As a general rule, parks shall be open to the public every day of the year between the hours of 67:00 a.m. and sunset10:00 p.m. However, the City Manager Community Services Director may, in his their reasonable discretion, extend or limit such hours for any park or portion of any park. No person shall enter, be or remain in any park during the time when such park is closed unless he has they have obtained a permit therefor from the City Manager or their designeeCommunity Services Director. Park closing hours shall be posted at park entrances.” Chapter 12.56 WIRELESS TELECOMMUNICATIONS FACILITIES IN THE PUBLIC RIGHT-OFWAY Sections:
“12.56.070 Design and development standards.
A. SWF design and development standards. SWFs are subject to those design and development standards and conditions of approval set forth in the SWF Regulations. The City's grant of a WTFP for a SWF does not waive, and shall not be construed to waive, any standing by the City to challenge any FCC orders or rules related to small cell facilities, or any modification to those FCC orders or rules.
B. Eligible facilities request design and development standards. Approved eligible facilities requests for which the findings set forth in Section 12.56.060 have been made are subject to the following conditions, unless modified by the approving authority:
1. WTFP subject to conditions of underlying permit. Any WTFP granted in response to an application qualifying as an eligible facilities request shall be subject to the terms and conditions of the underlying permit and all such conditions that were applicable to the facility prior to approval of the subject eligible facility request.
2. No permit term extension. The City's grant or grant by operation of law of an eligible facilities request permit constitutes a federally-mandated modification to the underlying permit or approval for the subject tower or base station. Notwithstanding any permit duration established in another permit condition, the City's grant or grant by operation of law of a eligible facilities request permit will not extend the permit term for the underlying permit or any other underlying regulatory approval, and its term shall have the same term as the underlying permit or other regulatory approval for the subject tower or base station.
3. No waiver of standing. The City's grant or grant by operation of law of an eligible facilities request does not waive, and shall not be construed to waive, any standing by the City to
challenge Section 6409(a) of the Spectrum Act, any FCC rules that interpret Section 6409(a) of the Spectrum Act, or any modification to Section 6409(a) of the Spectrum Act.
C. Major WTFP design and development standards. All wireless telecommunications facilities subject to a Major WTFP that are located within the PROW shall be designed and maintained as to minimize visual, noise and other impacts on the surrounding community and shall be planned, designed, located, and erected in accordance with the following standards:
1. General guidelines.
a. The applicant shall employ screening, undergrounding and camouflage design techniques in the design and placement of wireless telecommunications facilities in order to ensure that the facility is as visually screened as possible, to prevent the facility from dominating the surrounding area and to minimize significant view impacts from surrounding properties and public views, all in a manner that achieves compatibility with the community and in compliance with this Code. b. Screening shall be designed to be architecturally compatible with surrounding structures using appropriate techniques to camouflage, disguise, and/or blend into the environment, including landscaping, color, and other techniques to minimize the facility's visual impact as well as be compatible with the architectural character of the surrounding buildings or structures in terms of color, size, proportion, style, and quality. c. Wireless telecommunications facilities shall be located consistent with Section
12.56.080 (Location restrictions) unless an exception is granted.
2. Traffic safety. All facilities shall be designed and located in such a manner as to avoid adverse impacts on traffic safety.
3. Blending methods. All facilities shall have subdued colors and non-reflective materials that blend with the materials and colors of the surrounding area, infrastructure and structures.
4. Equipment. The applicant shall use the least visible equipment for the provision of wireless telecommunications services that is technically feasible. Antenna elements shall be flush mounted, to the extent feasible, with all cables and wires out of public view and, to the extent feasible, concealed inside the structure, pole, etc. All antenna mounts shall be designed so as not to preclude possible future collocation by the same or other operators or carriers. Unless otherwise provided in this Section, antennas shall be situated as close to the ground as technically feasible.
5. Support structures.
a. Pole-mounted only. Only pole-mounted antennas (excepting wooden poles per Subparagraph 5.b. below) shall be permitted in the public right-of-way. Mountings to all other forms of support structure in the public right-of-way are prohibited unless an exception pursuant to Section 12.56.080 is granted.
b. Utility poles. Wireless telecommunications facilities shall not be located on wooden poles unless an exception pursuant to Section 12.56.080 is granted. The maximum height of any antenna shall not exceed 48 inches above the height of any existing utility pole within 100 feet of the proposed facility an existing utility pole, nor shall any
portion of the antenna or equipment mounted on a pole be less than 24 feet above any drivable road surface. All installations on utility poles shall fully comply with the California Public Utilities Commission general orders, including, but not limited to, General Order 95, as may be revised or superseded.
c. Light poles. The maximum height of any antenna shall not exceed four feet above the existing height of a light pole located within 100 feet of the proposed facility. Any portion of the antenna or equipment mounted on a pole shall be no less than 16½ feet above any drivable road surface.
d. Replacement poles. If an applicant proposes to replace a pole that is an eligible support structure to accommodate the proposed facility, the replacement pole shall be designed to resemble the appearance and dimensions of existing poles near the proposed location, including size, height, color, materials and style to the maximum extent feasible.
e. Equipment mounted on a support structure shall not exceed four cubic feet in dimension.
f. No new guy wires shall be allowed unless required by other laws or regulations. g. An exception pursuant to Section 12.56.080 shall be required to erect any new support structure (non-eligible support structure) that is not the replacement of an existing eligible support structure.
h. As applicable to all new support structures (non-eligible support structures), regardless of location, the following requirements shall apply:
(i) Such new support structure shall be designed to resemble existing support structures of the same type in the right-of-way near that location, including size, height, color, materials and style, with the exception of any existing structural designs that are scheduled to be removed and not replaced. (ii) Such new support structures that are not replacement structures shall be located at least 90 feet from any eligible support structure to the extent feasible. (iii) Such new support structures shall not adversely impact scenic views from other structures and/or public areas and shall be located to the extent feasible in an area where there is existing natural or other feature that obscures the view of the new support structure. The applicant shall further employ concealment techniques to blend the new support structure with said features including but not limited to the addition of vegetation if feasible. (iv) A justification analysis shall be submitted for all new support structures that are not replacements to demonstrate why an eligible support facility cannot be utilized and demonstrating the new structure is the least intrusive means possible, including a demonstration that the new structure is designed to be the minimum functional height and width required to support the proposed wireless telecommunications facility.
i. All cables, including, but not limited to, electrical and utility cables, shall be run within the interior of the support structure and shall be camouflaged or hidden to the fullest extent feasible. For all support structures wherein interior installation is infeasible, conduit and cables attached to the exterior shall be mounted flush thereto and painted to match the structure.
6. Space. Each facility shall be designed to occupy the least amount of space in the right-ofway that is technically feasible.
7. Wind loads. Each facility shall be properly engineered to withstand wind loads as required by this Code or any duly adopted or incorporated code. An evaluation of high wind load capacity shall include the impact of modification of an existing facility.
8. Obstructions. Each component part of a facility shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, incommode the public's use of the right-of-way, or cause safety hazards to pedestrians and motorists.
9. Public facilities. A facility shall not be located within any portion of the public right-of-way interfering with access to a fire hydrant, fire station, fire escape, water valve, underground vault, valve housing structure, or any other public health or safety facility.
10. Screening. All ground-mounted facility, pole-mounted equipment, or walls, fences, landscaping or other screening methods shall be installed at least 18 inches from the curb and gutter flow line.
11. Accessory equipment. Not including the electric meter, all accessory equipment shall be located underground, except as provided below:
a. Unless City staff determines that there is no room in the public right-of-way for undergrounding, or that undergrounding is not feasible, an exception pursuant to Section 12.56.080 shall be required in order to place accessory equipment aboveground and concealed with natural or manmade features to the maximum extent possible.
b. When above-ground is the only feasible location for a particular type of accessory equipment and will be ground-mounted, such accessory equipment shall be enclosed within a structure, and shall not exceed a height of five feet and a total footprint of ten square feet, and shall be fully screened and/or camouflaged, including the use of landscaping, architectural treatment, or acceptable alternate screening. Required electrical meter cabinets shall be located within the structure. Also, while polemounted equipment is generally the least favored installation, should pole-mounted equipment be sought, it shall be installed as required in this Chapter. c. Structures shall maintain clear sight triangles at all intersections. d. In locations where homes are only along one side of a street, above-ground accessory equipment shall not be installed directly in front of a residence. Such above-ground accessory equipment shall be installed along the side of the street with no homes.
12. Landscaping. Where appropriate, each facility shall be installed so as to maintain and enhance existing landscaping on the site, including trees, foliage and shrubs. Additional
landscaping shall be planted, irrigated and maintained by applicant where such landscaping is deemed necessary by the City to provide screening or to conceal the facility.
13. Signage. No facility shall bear any signs or advertising devices other than certification, warning or other signage required by law or permitted by the City.
14. Lighting.
a. No facility may be illuminated unless specifically required by the Federal Aviation Administration or other government agency. Beacon lights are not permitted unless required by the Federal Aviation Administration or other government agency. b. Legally required lightning arresters and beacons shall be included when calculating the height of facilities such as towers and monopoles. c. Any required lighting shall be shielded to eliminate, to the maximum extent possible, impacts on the surrounding neighborhoods.
d. Unless otherwise required under FAA or FCC regulations, applicants may install only timed or motion-sensitive light controllers and lights and must install such lights so as to avoid illumination impacts to adjacent properties to the maximum extent feasible. The City may, in its discretion, exempt an applicant from the foregoing requirement when the applicant demonstrates a substantial public safety need.
e. The applicant shall submit a lighting study which shall be prepared by a qualified lighting professional to evaluate potential impacts to adjacent properties. Should no lighting be proposed, no lighting study shall be required.
15. Noise.
a. Backup generators shall only be operated during periods of power outages, and shall not be tested on weekends or holidays, or between the hours of 7:00 p.m. and 7:00 a.m. 8:00 a.m. and sunset.
b. At no time shall equipment noise from any facility exceed the noise levels permitted by Chapter 8.28 of this Code.
16. Security. Each facility shall be designed to be resistant to, and minimize opportunities for, unauthorized access, climbing, vandalism, graffiti and other conditions that would result in hazardous situations, visual blight or attractive nuisances. The Public Works Director or the approving City body, as applicable, may require the provision of warning signs, fencing, anti-climbing devices, or other techniques to prevent unauthorized access and vandalism when, because of their location and/or accessibility, a facility has the potential to become an attractive nuisance. Additionally, no lethal devices or elements shall be installed as a security device.
17. Modification. Consistent with current State and Federal laws and if permissible under the same, at the time of modification of a wireless telecommunications
facility, existing equipment shall, to the extent feasible, be replaced with equipment that reduces visual, noise and other impacts, including, but not limited to, undergrounding the equipment and replacing larger, more visually intrusive facilities with smaller, less visually intrusive facilities.
18. The installation and construction approved by a wireless telecommunications facility permit shall begin within one year after its approval or it will expire without further action by the City.
19. Conditions of approval. All Major WTFPs shall be subject to such conditions of approval as reasonably imposed by the Public Works Director or the approving City body, as applicable, as well as any modification of the conditions of approval deemed necessary by the Public Works Director or the approving City body.” Chapter 15.56 WATER EFFICIENT LANDSCAPE
Sections:
“15.56.130 Irrigation Scheduling.
A. For the efficient use of water, all irrigation schedules shall be developed, managed, and evaluated to utilize the minimum amount of water required to maintain plant health.
Irrigation schedules shall meet the following criteria:
1. Irrigation scheduling shall be regulated by automatic irrigation controllers.
2. Overhead irrigation for residential and commercial land shall be regularly scheduled between 8:00 p.m. and 10:00 a.m. unless weather conditions prevent it. If allowable hours of irrigation differ from the local water purveyor, the stricter of the two shall apply. Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance. Overhead irrigation of agricultural property in an Agricultural Overlay requires a Conditional Use Permit to establish scheduled hours. An overhead irrigation system means irrigation systems that deliver water through the air by applying irrigation water which is comparable to rainfall. Water is spread through a system of pipes generally by pumping, or pressurized municipal water supplies. It is then sprinkled into the air and covering an entire soil surface through spray heads so that it breaks up into small water drops which fall to the ground.
3. For implementation of the irrigation schedule, particular attention must be paid to irrigation run times, emission device, flow rate, and current reference evapotranspiration, so that applied water meets the estimated total water use.
Total annual applied water shall be less than or equal to maximum applied water allowance (MAWA). Actual irrigation schedules shall be regulated by automatic irrigation controllers using current reference evapotranspiration data (e.g., CIMIS) or soil moisture sensor data.
4. Parameters used to set the automatic controller shall be developed and submitted for each of the following:
a. The plant establishment period;
b. The established landscape; and
c. Temporarily irrigated areas.
B. Each irrigation schedule shall consider for each station all of the following that apply:
1. Irrigation interval (days between irrigation);
2. Irrigation run times (hours or minutes per irrigation event to avoid runoff);
3. Number of cycle starts required for each irrigation event to avoid runoff;
4. Amount of applied water scheduled to be applied on a monthly basis;
5. Application rate setting;
6. Root depth setting;
7. Plant type setting;
8. Soil type;
9. Slope factor setting;
10. Shade factor setting; and
11. Irrigation uniformity or efficiency setting.”
Chapter 18.10 - RESIDENTIAL DISTRICTS[1]
Sections:
“18.10.040 Site development standards.
The site development standards established for each residential district are as shown in Table 18.10.040.
TABLE 18.10.040
SITE DEVELOPMENT STANDARDS
Development Issue RH R1-20 R1-10 R1-
7.2 R2 R3 R3-S R3-20 R3-24
Area (Minimum square feet) _
a 20,000 10,000 7,200 10,000 12,000 g 12,000 12,000
Width (Minimum linear feet)
* Interior Lot _a 100 60 60 60 60 g 60 60
* Corner Lot _a 100 70 70 70 70 70 70
Lot Depth (Minimum linear feet) _
a 150 100 100 100 100 g 100 100
Street Frontage (Minimum linear
feet)
_
a 50 40 40 40 40 g 40 40
Setbacks (Minimum linear feet)
•Front Yard _
a 25b 25b 25b 25b 25b 25b 25b
•Rear Yard _
a 35b 35b 20b 20b 20b 20b 20b
•Side Yard
- Interior Lot g
With Garage _
a 10b 10b 10b 10b 10b 10b 10b
Without Garage _
a 5b 5b 5b 5b 10b 10b 10b
- Corner Lot
Street side _
a 15b 15b 15b 15b 15b 15b 15b
No Street side _
a 5 5 5 5 10 10 10
Density (Allowable dwelling units per
acre)
_
a 1-2 1-4 1-5 1-9 1-12c Max.
20 13-20c 20-24c
Living Area (Minimum square feet)
* Single Family _a 1,350d 1,350d 1,350d 1,350d 1,350d
* Duplex, Triplex, Four-plex and
Multiple Family
- One (1) Bedroom - - - - 800
675d
800
675d
- Two (2) Bedroom - - - - 1,000
850d
1,000
850d
Three (3) Bedroom 1,025d 1,025d
For each additional bedroom 175d 175d
Height (Maximum linear feet) _
a 35e 35e 35e 35e 35e g 35e 35e
Lot Coverage (Maximum percent) _
a 40 50 50 60f 60 g 60 60
Distance Between Buildings
(Minimum linear feet)
_
a 5 5 5 20 20 g 20 20
Footnotes:
a. 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 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. b. The following exceptions apply to front, rear and side yard requirements as noted:
1. The minimum side and rear yard setback for a patio cover shall be five feet.
2. The minimum rear yard setback for an accessory structure shall be ten feet.
3. Slopes exceeding five percent shall be permitted no closer to a residential structure than a distance equal to the required side and rear yard setbacks. In the R1-10 district and the R1-20 district, the thirty-five foot rear yard setback may include ten feet of slope that is greater than five percent.
4. In the case of a parcel or tract map, the twenty-five foot front yard setback requirement may range from twenty-two feet to twenty-eight feet, with an average of twenty-five feet for all proposed lots.
5. In the case where an existing legal nonconforming structure is located within a required setback area, the legal nonconforming structure may be enlarged within the required setback area subject to the following conditions:
a. The proposed addition does not further reduce the depth of the existing setback area; and
b. The proposed addition is located no closer than five feet from any property line.
c. A density bonus shall be permitted in accordance with the California Government Code and this Title.
d. For the purposes of this chapter, the following terms shall be defined as follows:
"Living area" means the enclosed area of a residential dwelling unit, excluding porches, patios, carports, garages, storage areas or auxiliary rooms. "Multiple-family" means one- or two-bedroom units only. e. Accessory structures shall not exceed twenty feet in height, with exceptions as listed in Section 18.73.090 of this title.
f. Not more than the permitted percent of the total parcel may be devoted to main and accessory structures, parking areas, driveways and covered patios. The remaining percent of the total parcel shall be devoted to open areas such as landscaping, lawn, outdoor recreational facilities, incidental to residential development, including swimming pools, tennis courts, putting greens, uncovered patios and walkways. Said open areas shall consist of not less than two hundred square feet of open space per dwelling unit. g. Senior citizen housing's development standards will be established through the specific plan process. All senior citizens housing projects in the R3-S zone will require specific plan process; however, in no circumstance shall the density exceed twenty unit/acre.” Chapter 18.53 – AG AGRICULTURAL OVERLAY DISTRICT
“Table 18.53.020: Agricultural Overlay Standards
“TABLE 18.53.020
Agricultural Overlay Standards
Type of
Animal or
Use
Minimum Site
Area per
Animal or Use
(square feet)
Maximum
Number of
Animals
Permitted Use (P) or
Conditionally Permitted
Use (C)
Each horse, mule,
donkey or ponya
10,000 6 P
Each large animal other
than a horse, mule,
donkey or ponya
20,000 3 C
Each small
animal;sup\sup;
4,000 12c P
Each 5 birds or rodents 4,000 25 P
Exotic or wild animals 20,000 3 C
Horticultural crops or
tree farming
20,000 NA P
Overhead irrigation
schedule for orchards,
groves, nurseries, field
crops, tree crops, berry
crops, bush crops, truck
gardening and
commercial flower
growing.
NA NA C
Footnotes:
a. A pony, defined as any horse measuring 14 hands and two inches or less in height at the withers, may be kept in addition to the keeping of two horses on a 20,000 square foot parcel.
b. A "small animal" shall be defined as an animal weighing less than 250 pounds. c. No more than one male goat shall be permitted.”
Chapter 18.56 – AG-2 AGRICULTURAL 2 OVERLAY DISTRICT
Section:
“18.56.030 Conditionally permitted uses.
Uses permitted in the AG-2 overlay district with a conditional use permit are as follows:
A. Animal keeping and boarding. All animals, excepting household pets, shall be kept at a minimum distance of 70 feet from any structure or area used for human habitation or public assembly (e.g. parks, churches, etc.) on adjoining property. The area of human habitation shall not include cabanas, patios, attached or detached private garages or storage buildings. The combined total number of animals kept on any one site shall not exceed the maximum number and combination of animals allowable as identified in Table
18.56.030.
B. Apiaries, provided that no hives or boxes housing bees are kept closer than 200 feet from any dwelling other than that occupied by the property owner.
C. Orchards, groves, nurseries, field crops, tree crops, berry crops, bush crops, truck gardening and commercial flower growing, including the drying, packing, canning, freezing, or other acceptable methods of processing of fruits, nuts, vegetables and other horticultural products where such processing is primarily in conjunction with a farming operation and the structures used for such processing are located at least 20 feet from the property line.
D. Sale of fruit, vegetables, produce and flowers and other similar products grown on the property; provided, however, that roadside stands used for such sales shall not exceed 250 square feet.
E. Riding stables and academies; provided that the minimum lot size for such uses shall be not less than five acres, and that all buildings for the housing, feeding, or rental of such animals shall be at least 100 feet from any property line, and 500 feet from any residential zone, church, school, park or hospital.
F. Sheep grazing only for the purpose of clearing unharvested crops or stubble, with no limit on the number of animals, for a period not exceeding 30 days in any six-month period.
Special application for such temporary grazing shall be made in writing, and approved by the Planning Director prior to commencement.
G. Single-family residences, provided that such use is ancillary to a commercial agricultural use, and that residential uses and structures, including accessory residential uses and structures, do not occupy more than 25 percent of the site area.
H. Accessory structures and uses. Private garages used by persons residing on the premises, cabanas, laundry rooms, workshops, stables, barns, tack rooms, pens, corrals, and similar animal keeping/agricultural structures, provided these structures shall not be used as a habitable dwelling or space, as defined by the adopted Uniform Building Code.
Approval shall be through a minor conditional use permit review.
I. Other uses which are determined by the City Council to be similar in nature to a use listed in this Section.
J. Overhead irrigation schedule for orchards, groves, nurseries, field crops, tree crops, berry crops, bush crops, truck gardening and commercial flower growing.” Chapter 18.64 - OBJECTIVE DESIGN STANDARDS
Sections:
“18.64.040 Sustainable Design.
A. LEED Platinum Certification Requirement. For the purposes of this Chapter, all multifamily residential buildings and sites and mixed-use buildings and sites with a residential use shall demonstrate that the application qualifies for the most current version of "Platinum Level LEED Certification," as one of the four different levels of LEED certification – Platinum, Gold, Silver, and Certified, or an equivalent standard as defined by the Leadership in Energy and Environmental Design (LEED) of the United States Green Building Council (GBCI). Plans and/or supplemental specifications shall be provided at the time an application is submitted for preliminary or formal review as required by City application forms/checklists as established by the Director.
B. Water Efficient Landscape Requirement. For the purposes of this Chapter, all multifamily residential development and mixed-use development with a residential use shall demonstrate that the application is in compliance with all applicable requirements by the Riverside Highland Water Company and compliance with the City's Water Efficient Landscape regulations in Chapter 15.56. The landscaping application shall demonstrate conformance with the latest Model Water Efficient Landscape Ordinance (MWELO) guidelines by the California Department of Water Resources. Plans and/or supplemental specifications shall be provided at the time an application is submitted for preliminary or formal review as required by City application forms/ checklists established by the Director.” Chapter 18.80 SIGNS
Sections:
“18.80.050 Signs on public property.
A. General Prohibition. Except as provided for in this Section, no signs may be displayed on City property by private parties. Any sign posted on City property in violation of this Section may be summarily removed by the City.
B. The following signs are exempt from the provisions of this sign code:
1. Traffic control and traffic directional signs erected by the City or another governmental unit.
2. Official notices required or authorized by law.
3. Signs placed by any governmental agency, utility or special district, in furtherance of these entities' official functions.
C. Human Advertisements. All human advertisement is prohibited on public property in the City.
D. Exception: Temporary Off-Site Commercial Signs.
1. The following temporary signs may be placed in the public right-of-way, subject to a sign permit: Signs for any business that provides goods or services that meet one or more of the following criteria: (1) the business is of a transitory or temporary nature; (2) the business does not have a fixed place of business or the goods or services themselves cannot practically be viewed and/or sold out of one business location or any business location.
2. Before a business may place its signs in the public right-of-way pursuant to this Section, the director must make a finding, in accordance with the procedures in Subsection 18.8.050.E, that a particular type of business satisfies the criteria in Subsection 18.80.050.D.
3. Without a prior finding by the Director, temporary signs for the following goods and services are deemed to satisfy the criteria for the exception in Subsection D.1, above:
a. Real estate directional signs, directing to properties that are for sale or for rent within the City limits.
b. Yard sale directional signs, including garage sales and estate sales, directing where such sales are to occur.
4. Temporary signs in the public right-of-way are subject to all of the following limitations:
a. Signs shall be temporary signs, and will not be permanently affixed to or in the public right-of-way, but may be anchored or weighed down to or in the public right-of-way to prevent them from falling or being blown into the street or sidewalk.
b. Temporary signs displayed under this Section shall only be placed in landscaped parkways, and shall not be placed on the sidewalk or in the center street median.
c. No signs shall be placed on utility poles, light or traffic light poles, traffic signs or traffic sign poles, street trees or fences.
d. No more than 25 signs per licensed entity may be temporarily placed in the public right-of-way at any one time.
e. The sign area shall be no larger four square feet.
f. All signs shall not exceed three feet in height, measured from the highest street grade in contact with the sign to the top of the sign. g. No signs shall be placed so as to obstruct pedestrians' and motorists' view of signs erected by a local, State, or Federal governmental agency, including but not limited to traffic signs, public directional signs, parking signs, and street address signs.
h. No signs shall be placed so as to obstruct or hinder sidewalk or street access by pedestrians and vehicles.
i. No signs shall be placed so as to obstruct ingress and egress to any public or private property.
j. Temporary signs displayed under this Section shall only be placed on the public right-of-way Thursday through Sunday during the hours of 87:00 a.m. to 511:00 p.m.
k. Temporary signs in the public right-of-way shall not be illuminated, either internally or externally, shall not have flashing lights, shall not have any moving parts or be caused to be moved, and shall not generate any source sounds (including radio waves), and shall not release steam or smoke. l. Any other reasonable restrictions, or modifications to the above restrictions, which the Director finds are necessary to further the purposes of this Code, consistent with the type of sign or business.
E. Exception and Appeal.
1. The Director must make the determination of whether a business falls within the exception in Subsection 18.80.050.D within five business days of receipt of a written request by the sign's owner for such determination. The Director shall notify the applicant of his or her decision forthwith by U.S. Mail.
2. In the event that the Director denies the request, or fails to make a determination within the time prescribed, the applicant may appeal the Director's decision in writing to the City Manager, who shall review all relevant evidence relating to the appeal. The City Manager shall make a determination within five business days of receipt of the appeal. The City Manager shall notify the applicant of the determination forthwith by U.S. Mail.
3. In the event that the City Manager denies the request, or fails to make a determination within the time prescribed, the applicant may appeal the City Manager's decision in accordance with Section 18.80.090, Appeals.”
“18.80.130 General Provisions.
This Section describes the provisions applicable to all signs regulated by this Chapter.
Certain types of signs may also be subject to additional provisions.
A. Sign Area Measurement Procedures. Sign area shall be computed by including the entire area within a single, continuous, rectilinear perimeter of not more than eight straight lines, or a circle or an ellipse, enclosing the extreme limits of the writing, representation, emblem, or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed, but not including any supporting framework or bracing that is clearly incidental to the display itself. Backing plates shall count as part of the sign area unless they are transparent. In the case of two-sided, multi-sided, or three-dimensional signs, the area shall be computed as including the maximum single display surface which is visible from any ground position at one time.
B. Sign Height Measurement. Sign height shall be measured as the greatest vertical distance measured from the grade at the point the sign supports intersect the ground and any accompanying architectural features of the sign. However, if the sign is constructed upon an artificial berm, the height of the signs, as measured from the toe of slope or berm, shall not exceed 125 percent of the maximum height allowed by this Chapter.
C. Calculation.
1. For wall signs, the permitted area for any sign shall be calculated based only on the frontage or side of a building on which the sign is located.
2. When more than one business is located in a building, the allowable sign area for each business shall be based upon the length of the lineal building frontage occupied by that business.
E. Construction Requirements. Every sign and all parts, portions, and materials thereof shall be manufactured, assembled, and erected in compliance with all applicable State, Federal, and City laws and regulations, including the locally adopted building code. All signs shall comply with the following criteria:
1. All transformers, equipment, programmers, and other related items shall be screened and/or painted to match the building or shall be concealed within the sign.
2. All permanent signs shall be constructed of quality, low-maintenance materials such as metal, concrete, natural stone, glass, and acrylics. Techniques shall be incorporated during construction to reduce fading and damage caused by exposure to sunlight or degradation due to other elements. The application of graffiti resistant coating is recommended.
3. All freestanding signs that incorporate lighting shall have underground utility service.
4. All temporary signs and banners shall be made of a material designed to maintain an attractive appearance for as long as the sign is displayed.
E. Clearance from Public Utility Facilities. The person erecting a sign, and the owner of the premises, shall maintain any legally required clearance from communications and electric facilities. A sign may not be constructed, erected, installed, maintained, or repaired in any manner that conflicts with any rule, regulation, or order of the California Public Utilities Commission pertaining to the construction, operation, and maintenance of public utilities facilities.
F. Interference with Motorist Field of Vision.
1. No sign shall be located in a manner which may obstruct or interfere with the view of a traffic signal or other traffic regulatory signs.
2. No sign shall, as determined by the City Engineer, be located so as to create a hazard to the life or property of any person using the public right-of-way.
3. Any required landscaping may be trimmed as needed to provide maximum visibility of the sign or signs.
4. Signs shall not be located within the clear sight triangle.
G. Obstruction of Passage.
1. No sign shall be constructed so as to obstruct any required exit, including windows, doors, fire escapes or other emergency exit of any building.
2. No sign shall be constructed or located so as to obstruct any sidewalk.
H. Sign Siting.
1. Location of Signs Attached to Buildings. Building signs may be located along any frontage of a building that faces directly onto a public right-of-way or an internal parking area of the site. Where the building is within 100 feet of a residential use, any signages facing that residential use shall not be illuminated.
2. Setback and Spacing of Freestanding Signs.
a. Where a setback exists, the minimum setback distance for freestanding signs shall be measured from the back of the public right-of-way or side of a driveway.
b. The minimum spacing distance between permanent freestanding signs, excluding on-site directory signs, shall be 50 feet. The director will review a proposed sign location on a case-by-case basis to ensure the sign is located outside the required clear sight triangle and does not otherwise inhibit motorist safety.
I. Maintenance Requirements. Every sign, and all parts, portions, and materials thereof shall be maintained and kept in proper repair. The display surface of all signs shall be kept clean, neatly painted, and free from rust and corrosion. Any cracked, broken surfaces, malfunctioning lights, missing sign copy, or other poorly maintained or damaged portions of a sign shall be repaired or replaced within 30 days following notification by the City.
J. Sign Removal or Replacement. When a sign is removed or replaced, all brackets, poles, and other structural elements that support the sign shall also be removed. Affected building surfaces shall be restored to match the adjacent portion of the structure. This requirement does not apply to routine maintenance.
K. Electronic Signs. The City finds and declares that a proliferation of electronic display signs throughout the City, and especially located on arterial streets pose a danger to the motoring public because of potential distraction from their change of message, scale, format, and other physical qualities that differentiate them from other sign types.
Therefore, the City through this sign code limits electronic signs to be displayed only in specified areas of freeway corridors, where the impacts on driver safety are minimized. All electronic display signs existing in the City as of the effective date of this Chapter, unless specifically permitted by this Code, are declared legal nonconforming signs and may continue to operate in accordance with Section 18.80.220 (Nonconforming and abandoned signs).
1. The limitation established by this Section shall not apply to manually changeable copy signs or freeway signs.
2. Signs providing information on fuel price and grade and fueling stations, as well as signs displaying time and temperature information shall be exempt from this limitation on electronic display signs. Illumination levels shall conform to Subsection 18.80.140.A.3 of this Chapter.”
Chapter 18.82 - STANDARDS FOR SPECIFIED LAND USES AND ACTIVITIES Sections:
“18.82.010 - Residential care facilities.
A. Purpose. This Section provides standards for the establishment and operation of residential care facilities.
B. Applicability. The standards in this Chapter apply to residential, group or community care facilities where allowed in compliance with Chapter 18.10 (Residential Zones).
C. Development and Operational Standards.
1. Residential Care Facilities Serving Six or Fewer Persons. Each residential care facility shall conform to the property development standards for the land use zoning district in which it is located.
2. Residential Care Facilities Serving Seven or More Persons. a. Applicable Land Use Zoning District Development Standards. Each residential care facility shall conform to the property development standards for the land use zoning district in which it is located. b. Additional Application Filing Requirements. The following information shall accompany the conditional use permit application for a residential care facility:
i. Client profile (the subgroup of the population of the facility is intended to serve such as single men, families, elderly, minor children, developmentally disabled, etc.);
ii. Maximum number of occupants and hours of facility operation; iii. Term of client stay;
iv. Support services to be provided on-site and projected staffing levels; and
v. Rules of conduct and/or management plan.
c. Separation. Residential care facilities shall not be located within 300 feet of another similar facility, except that the separation requirement shall be increased to 1,000 feet, as measured from the nearest outside building walls where the other use is a parolee/probationer or sober living home. d. Walls. Residential care facilities shall provide a six-foot high solid decorative block wall along all property lines, except in the front yard. Walls shall provide for safety with controlled points of entry and shall incorporate decorative materials and features.
e. Landscaping. On-site landscaping shall be regularly maintained, including providing irrigation.
f. Outdoor Lighting. Outdoor lighting shall comply with Chapter 18.60 (OffStreet Parking). g. Parking. All garage and driveway spaces associated the facility shall, at all times, be available for the parking of vehicles. The precise number of parking spaces required will be determined by the operating characteristics of the specific proposal.
h. Signs. No commercial identification signs shall be allowed within a residential land use zoning district.
i. Sleeping Areas. No room commonly used for other purposes shall be used as a sleeping room for any resident, visitor, or staff person. This includes any hall, stairway, unfinished attic, garage, storage area, shed or similar detached building.
j. Fire Department Requirements. Each residential care facility shall provide fire extinguishers and smoke detector devices and shall meet all standards established by the Fire Chief.
k. Noise. Outdoor activities shall be conducted only between the hours of 7:00 a.m. and 9:00 p.m sunset.
l. Applicable Health and Safety Regulations. Residential care facilities shall be operated in compliance with applicable State and local health and safety regulations.
m. Required Permits and Licenses. Residential care facilities shall be in conformance with the California Building Code. A certificate of occupancy shall be obtained from the Building and Safety Division before occupancy of residential care facilities.”
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