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F.6 APPEAL CUP 19-01, SA 19-03_Vivienda Ave_8.21.2020Appeal Hearing Conditional Use Permit 19-01 Site and Architectural Review 19-03 Environmental 19-05 August 25, 2020 2030 VISION STATEMENT Goal #3 to promote economic development by establishing a use that is consistent with the Industrial Zoning District Designation Background On July 16, 2020, the Planning Commission conducted a public hearing on this item and voted 2-1, with two (2) commissioners recused, to adopt Resolution 2020- 03 adopting a Mitigated Negative Declaration for the Project for compliance with the California Environmental Quality Act (CEQA) and approving the proposed “Project.” Proposal The applicant, Grand T-1, Inc is proposing to develop a trailer/container storage facility on approximately 22-acre lot. 650 maximum spaces The improvements include: Installation of a perimeter fencing (6-foot tall chain link with minimum 15-gallon vines) A paved gated entrance and turn-around area 60-foot wide asphalt concrete central access road Perimeter 26-foot wide slag or comparable material access road, Security cameras Landscaping, community garden and fruit tree grove, Santa Ana River Trail improvements, and Fitness Park amenity Street improvements Up to 12 employees Access is from Barton Road through Terrace Avenue PROJECT SITE/AERIAL VIEW SITE PLAN TERRACE AVENUE EXTENSION PRIVATE ROAD-EASTERLY VIEW TO S/E ACROSS SITE S/B LA CADENA CORRIDOR UTILITY CORRIDOR VIEW EAST PROPERTY CHARACTERISTICS Over 50% of site impacted by a high voltage SCE Utility Corridor SCE places restrictions on uses within major utility corridors Entire site within 100-year Flood Plain Site adjacent to two(2) railroad ROW’s (1 active) and major Floodway (Santa Ana River) Site surrounded on 3-sides by the City of Colton PROJECT BENEFITS/CONTRIBUTIONS Discourages illegal dumping and homeless encampments Discourages truck access into adjacent neighborhoods Dedicates Safety Improvements to North Terrace Avenue Increases security presence Eliminates access via underpass to and from South La Cadena Drive Increases tax base Contributes financially to City’s General Fund for 10 years Adds community enhancements Operations Inbound units average approximately 2.1 units per hour during a 10-hour workday. In bound frequencies may occur every 10 minutes (average), however the duration would not be throughout the day only during peak instances. A yard @ 0 percent capacity would take approximately 30 days (minimum) to fill to capacity (600 units). Storage at the facility typically has ‘peak’ (being at close to 100% capacity) for 3 to 6 months of the year. The drivers (25 trucks) are local contractors associated with a major retailer, e.g. COSTCO, AMAZON, etc.…..and managed by the ‘Operator’ to ensure compliance with all operational requirements. These are not ‘independent or out of town drivers. Operations Plan to be developed and reviewed by the City. Plan to include: Hours of operation Truck Route Notification to All Drivers / Driver Orientation Training Daily Log Counts Security Plan / Measures Self-Policing Report(s) Community Hot Line Quarterly and Annual Review Process Appeal The Commission’s action on July 16, 2020 was subject to a 10-day appeal period. The Zoning Code states that an appeal may be made by a member of the public or by a member of the City Council. The Planning Commission and Site and Architectural Review Board’s decision for a trailer/container storage facility was appealed on July 24, 2020. Appeal  Process The City Council shall hear the appeal and make its own determination regarding the application and its consistency with the Zoning Ordinance and the General Plan. Upon such determination, the City Council shall uphold, modify or reverse the Planning Commission's/Site and Architectural Review Board’s decision. (GTMC Sections 18.63.070(D), 18.83.060(D).) Action The Planning Commission, in approving the Project, determined that the project’s Conditional Use Permit and Site and Architectural review findings of fact are supported. The Planning Commission also adopted a Mitigated Negative Declaration pursuant to the California Environmental Quality Act. Based on the Initial Study and supporting information, a Mitigated Negative Declaration (Environmental 19-05) was prepared. The Project will not have a significant effect on the environment due to the incorporation of standard conditions and mitigation measure(s) related to: Biological, Cultural, and Tribal Cultural Resources, Geology/Soils, and Hydrology/Water Quality. Environmental Documentation Pursuant to the California Environmental Quality Act (CEQA), an Initial Study has been prepared for the above-described Project. Based on the Initial Study and supporting information, a Mitigated Negative Declaration (Environmental 19-05) has been prepared. The Project will not have a significant effect on the environment due to the incorporation of standard conditions and mitigation measure(s) related to: Biological, Cultural, and Tribal Cultural Resources, and Geology/Soils .Conditions necessary to secure the purposes of the Grand Terrace Municipal Code and General Plan have been applied to the Project. The Final Mitigated Negative Declaration satisfies the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15073. The Notice of Determination prepared in connection with the Project (19-05) has been reviewed and considered and reflects the independent judgment of the City Council. Findings of Fact Conditional Use Permit The proposed use 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 Project or within the city. The proposed truck trailer storage facility is consistent with the M2-Industrial zoning, the Agricultural-2 Overlay, and the Floodplain Overlay District Requirements. The proposed development plan meets applicable development standards of the Agricultural-2 Overlay District, including the setbacks required for a truck storage facility are complementary to surrounding uses. The Applicant is required to comply with San Bernardino County standards related to the California Restricted Materials Requirements by the State of California Department for Ground Water Protection Area to ensure ground water is not impacted. The proposed trailer storage facility will be consistent with the Land Use Element because it promotes economic development and reduces trailers from parking in unauthorized neighborhoods. the Applicant has voluntarily agreed to carry out and pay for certain community benefits outside the scope of a standard development plan with amenities such as a Community Garden with a grove of fruit trees; a trail connection to the Santa Ana River Trail with an ornate sign, access road improvements and a teaching amphitheater at Fitness Park. The Applicant has also voluntarily committed to making a monetary donation for future City street maintenance. The use is consistent with the Industrial zoning designation and compatible with other surrounding uses. Findings of Fact Conditional Use Permit Conditions necessary to secure the purposes of the Grand Terrace Municipal Code and General Plan have been applied to the Project. Conditions of Approval have been established regulating activities and use will not be injurious to the property or the neighborhood. The proposed use will be consistent with the latest adopted General Plan. The proposed use will not be injurious to property or improvements in the neighborhood or within the city. The proposed use will be compliant with applicable Grand Terrace Municipal Codes and standards established by the underlying zoning and overlay districts. The proposed site is zoned M2-industrial with and AG-2 Agricultural-2 Overlay District and FP-Flooding Overlay District. The proposed truck storage facility is consistent with the latest adopted General Plan and Zoning Code, which conditionally allows a trailer storage facility. Conditions of approval for this project necessary to secure the purposes of the Grand Terrace Municipal Code and General Plan are made a part of this approval as set forth in the accompanying Resolution of Approval. Findings of Fact Site and Architectural Review The Project is consistent with the intent of the Grand Terrace Municipal Code and General Plan. The proposed truck trailer storage facility is consistent with the General Plan Floodplain Industrial designation which supports storage and distribution facilities. Regulations allow uses to operate free of overly excessive noise, dust, odor or other nuisances. The Project is consistent with the Circulation Element which provides for the current and long-term efficient movement of people and goods within and through the City, including a well-maintained roadway system within the ultimate right-of- way along the street frontage. Terrace Avenue will provide main access to the Project site and a no truck access sign will be placed at Vivienda Avenue and Walnut Avenue to keep traffic away from the residential neighborhoods. The Project will not cause significant noise impacts to adjacent neighborhoods. The Project complies with the Open Space and Conservation Elements of the General Plan Findings of Fact Site and Architectural Review The location and configuration of the development plan associated with this Project is visually harmonious with surrounding sites and structures, The plan for landscaping and open spaces provides a functional and visually pleasing setting and is harmonious with the natural landscape of the area and nearby developments. The Applicant is proposing landscape on the west side of the property, along Vivienda Avenue and perimeter fencing covered with vines. There is no indiscriminate clearing of property, destruction of trees or natural vegetation or the excessive and unsightly grading of hillsides, thus the natural beauty of the City, its setting and natural landforms are preserved. Conditions of approval for this Project necessary to secure the purposes of the Grand Terrace Municipal Code and General Plan have been applied to the Project. City Council Options 1) Uphold the Commission’s approval, consistent with Staff recommendation and deny the appeal; or 2) Uphold the appeal and deny Conditional Use Permit and Site and Architectural Review approval; or 3) Modify the project within the scope of project analysis; or 4) Remand the Project back to the Planning Commission based upon substantive new information. Recommendation Staff Recommends the City Council Uphold the Planning Commission’s approval of the Project and approve the Projectbyadoptingaresolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRANDTERRACEUPHOLDINGTHEPLANNINGCOMMISSION’S APPROVALOFCONDITIONALUSEPERMIT19-01 AND SITE ANDARCHITECTURALREVIEW19-03,AND A RELATED MITIGATEDNEGATIVEDECLARATION(ENVIRONMENTAL 19-05);ANDAPPROVINGANDADOPTINGTHEMITIGATEDNEGATIVEDECLARATION(ENVIRONMENTAL 19-05)PURSUANT TO THECALIFORNIAENVIRONMENTALQUALITYACT(CEQA),CONDITIONAL USE PERMIT 19-01,AND SITE AND ARCHITECTURALREVIEW19-03 TO DEVELOP A TRAILER/CONTAINER STORAGEFACILITYWITHAMAXIMUMOF650PARKINGSPACESFOREMPTYSEMI-TRAILERS,SHIPPING AND STORAGE CONTAINERS,ANDCHASSISUSEONANAPPROXIMATELY21.92-ACRE SITE(ASSESSOR’S PARCEL NOS.0275-191-06 AND 0275-191-30)WHICH IS CURRENTLY UNDEVELOPED AND LOCATEDAPPROXIMATELY520FEETNORTHOFVIVIENDAAVENUEANDSOUTHOFTHESANTAANARIVERTRAILINTHENORTHWESTERNPORTIONOFTHECITY Thank you! Appeal Hearing Conditional Use Permit 19-01 Site and Architectural Review 19-03 Environmental 19-05 August 25, 2020 COMMUNITY BENEFIT ENHANCEMENTS INITIAL STUDY/ MITIGATED NEGATIVE DECLARATION Based on the initial study, the City intends to adopt a Mitigated Negative Declaration. The project will not have a significant effect to the environment. Mitigation measures have been included for: Biological Resources Cultural Resources Geology Soils/Paleontology Tribal Cultural Resources Hydrology and Water Quality BACKGROUND On May 28, 2019, a community meeting was held attended by approximately 15 residents. Concerns included impacts to:Air quality, traffic, noise, trucks driving through neighborhoods, and aesthetics. During the public hearing held on May 21, 2020, the Planning Commission and the Residents raised questions about the Project. Responses and clarifications to the questions have been included in the attached table entitled “Responses to the Comments/Questions Raised at the May 21, 2020 Planning Commission Hearing.” Comments/Questions The main concerns from the commission and the residents were related to traffic, noise, improvements, conditions being enforced, community improvements, street improvements, and landscape: Trucks potentially getting lost in the neighborhood Staking of trailers, street signs, clarification regarding the type of vehicles, guardrail at Terrace road, number of vehicles travel Forklift noise, project lighting, and security Community Benefit Agreement, maintenance of the community garden, number of people allowed in the community garden. Monitor and Manage Operations 25. The Applicant or assignee shall provide a Project delivery staging and operating schedule to the City for the purpose of avoiding stacking of trucks and trailers at major City intersections. The schedule shall be submitted for review and approval by the Planning and Development Services Department on a quarterly basis for the first three calendar years of operation commencing on the date that the Project use begins operating. 26. The Applicant shall avoid truck or trailer movement during Grand Terrace traffic peak hours between 6:30 a.m. to 8:30 a.m. and 4:30 p.m. and 6:30 p.m. Truck stacking from Terrace Avenue to Barton Road shall be prohibited. Monitor and Manage Operations 27. Project truck traffic shall continue exclusively on Terrace Avenue and shall not enter residential streets at Vivienda Avenue and Walnut Avenue. 28. The Planning and Development Services Director shall periodically evaluate the Project use to ensure it is operated in a manner consistent with the conditions of approval, including the mitigation measures included in the initial study dated March 2020. If adverse traffic impacts are identified, the Conditional Use Permit shall be reviewed, pursuant to Section 18.83.032 (Revisions or modifications). Conditions of Approval Modified or Included The responses in the Table identified the following conditions of approval that are recommended to be modified or included: Condition of Approval No. 3 has been modified to revise the hours of operation: “the proposed business hours will be Monday thru Friday from 6:00 a.m. to 10:00 p.m. and a total of twelve employees. No business activities shall be conducted after 10:00 p.m. except for emergency purposes only.” Condition of Approval No. 10 has been included: “The applicant or authorized agent shall apply to the United States Occupational Safety and Health Administration (OSHA) to permit an alternative to back up alarms on “yard goats” and forklifts for the purpose of lessening the noise and frequency of standard back up apparatus. Said apparatus shall be reviewed and approved by OSHA and the Director of Planning and Development Services prior to the issuance of the first certificate of use and occupancy.” Conditions of Approval Modified or Included Condition of Approval 16: will be deleted and addressed in the Community Benefits Agreement. Condition of Approval No. 20 has been revised: “The Applicant shall comply with all requirements of the San Bernardino County Fire Department, Office of the Fire Marshal Community Safety Division, including the conditions of approval contained in their Permit Number FPLN-2019-00163. The applicant shall resubmit plans to SBCF as indicated on the Fire Comments dated October 07, 2019, attached hereto as Exhibit 3.” Conditions of Approval No. 26 has been revised. “The Santa Ana River Trailhead entry structure and monument sign size, style, and location shall be reviewed and approved as identified in the Community Benefit Agreement..” Conditions of Approval Modified or Included Condition of Approval No. 27 has been included. “Project traffic shall continue on Terrace Avenue and Shall not enter residential streets at Vivienda Avenue and Walnut Avenue.” Condition of Approval No. 29 has been included “The applicant or assignee shall submit a security camera plan that demonstrates onsite and offsite monitoring. Plan shall be reviewed and approved by the Planning and Development Services Director prior to the issuance of a certificate of use and occupancy.” The Conditions of Approval from Building and Safety have been revised since the construction of the structures will be submitted separately with an administrative conditional use permit. Conditions of Approval Modified or Included 40.(Modified)Any future or abandoned water well shall be reviewed and approved by City Departments and agencies, including obtaining applications and clearances by San Bernardino County Environmental Health Services Department.A copy of such certificates shall be provided to the Planning and Development Services Division and the Building and Safety Division. TERRACE AVENUE IMPROVEMENTS FEMA DESIGNATION AE ZONE ACCESS TO BE CLOSED EXAMPLES EXAMPLE CROSS SECTION Proposal •perimeter fencing •security cameras, landscaping Driveway from Terrace paved entrance and tum around area Improvements to Terrace Avenue •parking surface for the interior areas for storage of trailers,shipping containers,chassis and related equipment •Floodplain •Agricultural-2 Overlay District Conditions of Approval Modified or Included