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2023-02RESOLUTION NO 2023-02 A RESOLUTION OF THE PLANNING COMMISSION/SITE AND ARCHITECTURAL REVIEW BOARD OF THE CITY OF GRAND TERRACE, CALIFORNIA, ADOPTING AND FINDING AN ENVIRONMENTAL EXEMPTION FOR THE PROPOSED PROJECT PURSUANT TO SECTION 15332 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES (ENVIRONMENTAL 22-01), AND APPROVING SITE AND ARCHITECTURAL REVIEW 22-01 AND MINOR DEVIATION 22-01 TO CONSTRUCT A MULTI -TENANT SHOPPING CENTER LOCATED AT 22881 BARTON ROAD (APN 0276-202-25-0000) WHEREAS, Lan's International Real Estate Investments, LLC ("Applicant") represented by Jonathan L Zane of Jonathan L Zane Architecture, has filed Site and Architectural Review 22-01 (SA 22-01), Minor Deviation 22-01 (MD 22-01), and Environmental 22-01 (E 22-01), (collectively referred to herein as the "Project"), proposing to construct a 4,706 square -foot Multi -Tenant mixed use Shopping Center on 0 51-acres, located at 22881 Barton Road, within the City of Grand Terrace, APN 0276- 202-25-0000 ("Site") The Site improvements for this proposal include, landscaping, parking, trash enclosure, loading area, access, lighting, street dedication, and street improvements, and WHEREAS, the Applicant has applied for a Site and Architectural Review (SA 22- 01) for the construction of the Project, and WHEREAS, the Applicant has applied for a Minor Deviation (MD 22-01) for a minor encroachment (14%) for the trash enclosure and two parking spaces into the front landscaping setback, and WHEREAS, the Project requires a Sign Program that has been included as a condition of approval to be reviewed and approved by the Planning Commission prior to the issuance of the first certificate of occupancy, and WHEREAS, the Project Site is zoned Barton Road Specific Plan (BRSP), Administrative Professional, and WHEREAS, the Project qualifies for a categorical exemption, pursuant to Section 15332 of the California Environmental Quality Act (CEQA) Guidelines, which exempts inflll projects that (a) are consistent with the general plan designation and zoning designation and regulations, (b) the development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses, (c) the site has no value as habitat for endangered, rare or threatened species, (d) approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water PC RESO NO 2023-02 Page 1 of 21 MARCH 2, 2023 quality, and (e) the site can be adequately served by all required utilities and public services, and, WHEREAS, on March 2, 2023, the Planning Commission conducted a duly noticed public hearing at a regular meeting on the Project at the Grand Terrace City Council Chambers located at 22795 Barton Road, Grand Terrace, California 92313 and concluded the hearing on said date, and WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF GRAND TERRACE DOES HEREBY RESOLVE AS FOLLOWS The recitals set forth above are true and correct and incorporated herein by this reference 2 Based upon the forgoing and having considered all oral and written communications from members of the Applicant, the public, and City staff (including, but not limited to, all oral and written staff reports and attachments) presented at the March 2, 2023, public hearing, the Planning Commission/Site and Architectural Review Board hereby finds that the Project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA regulation 15332, and adopts Environmental 22-01 Notice of Exemption The Notice of Exemption prepared in connection with the Project has been reviewed and considered and reflects the independent judgment of the Planning Commission/Site and Architectural Review Board and is hereby adopted 3 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 March 2, 2023, public hearing, the Planning Commission/Site and Architectural Review Board finds as follows with respect to Site and Architectural Review 22-01 a The Project is consistent with the intent of the Grand Terrace Municipal Code and General Plan The BRSP provides that Site and Architectural review shall be consistent with the City's design standards, including title 18 of the City's Municipal Code Zoning Map The project is zoned Barton Road Specific Plan -Administrative Professional ("BRSP-AP"), this zoning designation is intended to accommodate office/commercial uses and multi -family development The Project meets development standards of the BRSP-AP, Master Plan Area 5 relating to commercial buildings, architecture, color, and scale The Project also meets PC RESO NO 2023-02 Page 2 of 21 MARCH 2, 2023 structural, building height, building coverage, and parking requirements The landscaping setbacks follow the Minor Deviation stipulations on the north landscaping area General Plan Land Use Map The property is designated Office Commercial ("OC") on the General Plan Land Use Map The proposed development is consistent with the General Office Commercial Land Use Element which supports growth of undeveloped properties within the City, promotes new commercial development, and increases administrative, commercial and retail opportunities designed to meet the needs of the City's residents, businesses, and visitors Properties designated Office Commercial are primarily located along the east of Barton Road and create a buffer between residential and general commercial areas The Project is consistent with the Circulation Element Barton Road is a Major Highway with a 100-foot right-of-way, which provides direct service to major commercial areas and provides a well -maintained roadway system The proposed Project will provide the ultimate street improvements at Barton Road and Preston Street as determined by the Public Works Department The Project is proposing 25 parking spaces, which meets the parking requirements of the City's Municipal Code The project is also consistent with the City's Vehicle Miles Traveled (VMT) Resolution and Traffic Impact Analysis Guidelines established in July 2020 The proposed on -site circulation and parking demand can support the Project and no traffic study is required During the Planning Commission meeting the Commissioners raised concerns regarding the right -turn only access located on the eastern side of the project Commissioner Alaniz recommended the construction of a "raised 'pork chop' pedestrian refuge island/right-turn-only" in addition to the "right -turn -only signage" Commissioner Burian recommended the possibility to analyze and support a U-turn at the intersection at Barton Road and Preston Street The Commission's direction was to address the right -turn only by providing at least three different mitigation measures as directed by the City Engineer The mitigation measures recommended by the Commissioners included, the construction of a raised pork chop right turn island and double stripping on Barton Road Commissioner Burian raised concerns regarding the headlight screening for the parking located at the north side of the project and asked if the artwork wall could be extended or if there would be screening shrubs A determination was made to use shrubs a minimum of three feet high to screen and mitigate the parking lot headlights fronting the northern parking lot area PC RESO NO 2023-02 Page 3 of 21 MARCH 2, 2023 The following conditions and recommendations were made by the Planning Commission, subject to approval by the City Engineer 1 The easterly egress and ingress access shall have a minimum of three methods of enforcing right -turn only, including but not limited to a "right - turn only" pole sign, a "right -turn only arrow" lane -use pavement marking, and double yellow lines with yellow diagonal stripes as a painted median to identify to drivers that left turns into the easterly access is not permitted 2 The northerly facing parking shall high along the parking perimeter headlights from glaring into the Barton Road include shrubs a minimum of 3-feet landscape area to prevent vehicle existing residential property across 3 The westerly and easterly ingress and egress access slopes shall include "concrete safety grooves," and the slope grade at the ingress and egress access needs to be verified and adjusted, as necessary, to avoid cars "bottoming out," subject to approval by the City Engineer The Project is consistent with the Noise Element The Project site is adjacent to residential uses The zoning to the west and south is designated BRSP-AP and the zoning to the north and east is designated R1-7 2-Single Family Residential The proposed multi -tenant building has been oriented so that the main entrance to the building and the vehicular ingress and egress access takes place exclusively off of Barton Road The east and south side of the building will not have any direct access to the residential area at Preston Street, however, the architecture and landscape areas will complement the surrounding development The orientation of the building will serve as a noise buffer between the multi -tenant building and the existing residential, therefore, the Project will not cause noise impacts to adjacent properties In addition, the Project will incorporate noise barriers such as decorative perimeter block walls with a combination or landscape and evergreen trees The City's Noise Element residential and general commercial uses have the maximum exterior noise standard of 65dB The proposed use is no different from other existing retail/office uses located in the surrounding area, consequently, there will be no anticipated noise impacts In addition, the Project is not proposing extended after-hours operation activities for tenants, therefore, the Project has been conditioned for compliance with the Noise Ordinance for hours of operation, business activities, and deliveries The Municipal Code requires after-hours of operation activities to be reviewed and approved with a CUP review process In compliance with the Open Space and Conservation Element, the Applicant has prepared a Water Quality Management Pan and a Preliminary Soils Engineering Investigation Report The structure will be built in compliance with the Building Code and San Bernardino County Fire Department Regulations PC RESO NO 2023-02 Page 4 of 21 MARCH 2, 2023 b The location and configuration of all structures associated with this Project are visually harmonious with this site and surrounding sites and structures, that they do not interfere with the neighbors' privacy, that they do not unnecessarily block scenic views from other structures and/or public areas and are in scale with the townscape and natural landscape of the area The four-sided architecture of the building will be visually harmonious on an otherwise vacant lot The structure has been oriented towards the eastern side of the property allowing for the main entrances to be located to the north and west sides of the building, thereby, restricting vehicular and pedestrian access exclusively to Barton Road The rear side of the building located at Preston Street will not include customer access, this location will include an enhanced perimeter landscape providing privacy for adjacent residents and creating a good transition between uses The Project's perimeter to the south and west will include decorative retaining walls and landscaping perimeter -areas that will create a separation between adjacent uses Overall, the Project will not interfere with the neighbors' privacy and there are no scenic views in the area that can be blocked by the proposed development c The architectural design of structures, their materials, and colors are visually harmonious with the surrounding development, natural landforms, are functional for the Project and are consistent with the Grand Terrace Municipal Code The proposed building structure will comply with the general architectural guidelines for all development established by the BRSP The four-sided architecture of the building will include significant massing, vertical wall articulation, significant arch details, stone veneer to accent all the columns, and decorative trim The earthy color palette includes browns/neutral shades consistent with the natural landforms of the city The proposed building height is consistent with the zoning, and it ranges from 10'-8" to the highest architectural parapet element at 23'-8" The Project's architecture will complement surrounding development Overall, the Project is consistent with the BRSP goals and objectives to create a "dynamic" commercial center, promote economic development, and enhance the downtown character d The plan for landscaping and open spaces provides a functional and visually pleasing setting for the structures on this site and is harmonious with the natural landscape of the area and nearby developments The Project requires a total of 20% landscape area (15% landscape site area, plus 5% parking landscape) The Project is proposing a 25% landscape area, including a fifteen - foot landscaping setback to the north (Barton Road), a ten -foot landscape setback to the east (Preston Street), and a five-foot perimeter landscape setback to the south and west The proposed perimeter landscaped areas will include evergreen trees, such as Little Gem Magnolias, Bottlebrush, and Evergreen Pear trees The Projects planting material includes Orchid Rock Rose, Pink Rock Rose, Rosemary, Pink Lady, Lantanas, African Lily, Coyote Brush, and Hacienda Creeper Vine The proposed trash enclosure will be PC RESO NO 2023-02 Page 5 of 21 MARCH 2, 2023 conditioned to include planting vines and bushes around the perimeter to enhance and disguised the structure The streetscape will include Magnolia trees, groundcover, and Rosa Iceberg (Floribunda Rose) will be conditioned to be included The Applicant will be required to enhance all the landscaping areas, therefore, the Landscape and Irrigation Plan will be conditioned to include a variety of multiple -colored drought tolerant and pollinating species, to be reviewed and approved by the Planning Division during the plan checking stage Overall, the Project is proposing a landscape area greater than the minimum requirement that will be harmonious with the natural landscape of the area and surrounding uses The landscape will be conditioned for compliance with the Municipal Code and with the most recent Model Water Efficient Landscape Ordinance by the State of California e 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 Necessary Grading is proposed to accommodate the project The perimeter retaining walls will include landscape areas to soften the look There will be no destruction of trees or natural vegetation f The design and location of all signs associated with this Project are consistent with the scale and character of the building to which they are attached or otherwise associated with and are consistent with the Grand Terrace Municipal Code A Sign Program is required for all new multi -tenant developments The Sign Program will establish specific sign regulations and design characteristics to achieve architectural consistency The reviewing and approving authority is the Planning Commission Site and Architectural Review Board The Project will be condition to submit a Sign Program Application and receive Planning Commission Approval prior to the issuance of a Certificate of Occupancy The anticipated Sign Program will include a monument sign and wall sign areas for each of the tenant suites The proposed signs will be required to be consistent with the scale and character of the building and meet the Municipal Code sign requirements g 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 5 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 March 2, 2023, public hearing, the Planning Commission/Site and Architectural Review Board hereby finds as follows with respect to Minor Deviation 22-01 a A special circumstance regarding the size, shape, topography, location, or surroundings of the subject property exists The site is restricted by its size and irregular quadrilateral shape, the Property's width in the east side is PC RESO NO 2023-02 Page 6 of 21 MARCH 2, 2023 approximately 49-feet larger than the west side In addition, the topography slopes from the southeast corner towards the northwest corner by 10-feet Due to these special circumstances, a Minor Deviation has been applied for a small encroachment The north corner of the proposed trash enclosure and the north corner of the two parking spaces located on the northwest side encroach into the fifteen -foot landscaping setback requirement A Minor Deviation can be supported for a modification to the setback requirements as long as the modification does not exceed 20% This small landscape reduction will be compensated by enhancing all proposed landscaping areas, especially the areas fronting Barton Road and Preston Street b Because of the special circumstance, the strict application of the zoning ordinance deprives the subject property of privileges enjoyed by other property in the vicinity and under identical zoning classification The project is proposing a minimal encroachment into the fifteen -foot landscaping setback located on the north side of the property In accordance with Section 18 89 050 of the Zoning Code a Minor Deviation may be granted for a modification that is 20% or less from the requirement The minor encroachment of the trash enclosure and the minor encroachment of the two parking spaces into the landscaping setback are within the Minor Deviation stipulation, therefore, the proposal is in accordance with the General Plan and Zoning Ordinance c The granting of the Minor Deviation will not constitute the grant of special privileges inconsistent with the limitations upon other properties in the vicinity and district in which the property is situated The Minor Deviation represents approximately 14% of the required 15-feet landscape area, well within the 20% reduction allowance, therefore, the granting of this Minor Deviation will not constitute the granting of special privileges d The granting of the Minor Deviation will not authorize a use or activity which is not otherwise expressly authorized by the BSRP governing the parcel of property The minor reduction of fifteen -foot landscape front setback to accommodate a portion of the two parking spaces and a portion of the trash enclosure will not authorize a use or activity not permitted in the underlying zone district The proposed multi -tenant commercial development is a permissible use in the BRSP-AP zoning designation The Minor Deviation is permissible within the Municipal Code and a Variance is not being considered e The granting of the Minor Deviation will not result in a situation inconsistent with the latest adopted General Plan The project is consistent with the General Plan Land Use designation as it promotes growth of undeveloped properties, promotes new commercial development and increases administrative, commercial and retail opportunities in the community f Conditions necessary to secure the above findings are made a part of the approval of the Minor Deviation PC RESO NO 2023-02 Page 7 of 21 MARCH 2, 2023 BE IT FURTHER RESOLVED that, 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 March 2, 2023, public hearing, Site and Architectural Review 22-01 and Minor Deviation 22-01 are hereby approved subject to the following conditions Project Description Site and Architectural Review (SA 22-01), Minor Deviation (MD 22-01), and Environmental (E 22-01) are approved to construct a 4,706 square foot multi - tenant commercial building on a site measuring 0 51 acres, located at 22881 Barton Road APN 0276-202-25-0000), zoned Barton Road Specific Plan, Administrative Professional (BRSP-AP) The Project includes three tenant spaces measuring 1,412 square -feet, 4,479 square -feet, and 1,812 square -feet The site improvements for this proposal include, landscaping, parking, trash enclosure, loading area, access, lighting, street dedication, and street improvements A Minor Deviation has been submitted for a minor encroachment of the trash enclosure and two parking spaces within the front landscaping setback The Sign Program has not been submitted but it has been conditioned to the project Pursuant to Ordinance No 343 a Public Art piece has been included as a condition to the project This approval is based on the application and materials submitted by Lan's International Real Estate Investments, LLC, represented by Jonathan Zane of "Jonathan Zane Architecture", on January 4, 2022, including color material board, Preliminary Soils Investigation Report, Water Quality Management Plan and revised project plans dated September 8, 2022, and January 30, 2023 These plans are approved as submitted and conditioned herein and shall not be further altered except as modified by these conditions of approval, and unless reviewed and approved by the affected city departments General Conditions 2 If not appealed, this approval shall become effective on the eleventh (11th) day after the date of the Planning Commission's approval, or the next city business day following such eleventh (11 t") day when the eleventh (11 t") day is not a city business day This approval shall expire twelve (12) months from the date of adoption of this resolution unless building permits have been issued and a substantial investment in reliance of those permits has occurred, all conditions of approval have been met, or a time extension has been granted by the City, in accordance with Chapter 18 63-Site and Architectural Review and Chapter 18 89- Minor Deviation of the Zoning Code Time extensions shall be filed at least sixty (60) days prior to the expiration date 3 Within 24 hours of this approval of the subject Project, the Applicant shall deliver a payment of $50 00 and (check should be made out to the Clerk of the Board of Supervisors) to enable the City to file the Notice of Exemption If within such 48 hour period the payment has not been delivered to the Community Development PC RESO NO 2023-02 Page 8 of 21 MARCH 2, 2023 Department the above -noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened 4 Construction shall be in substantial conformance with the plan(s) approved by the Planning Commission/Site and Architectural Review Board Minor modification to the plan(s) shall be subject to approval by the Planning and Development Services Director upon submittal of the required application(s) and fee(s) Any modification that exceeds 10% of the following allowable measurable design/site considerations shall require the refiling of the original application and a subsequent hearing by the appropriate hearing review authority if applicable a On -site circulation and landscaping, b Placement and/or height of walls, fences and structures, c Reconfiguration of architectural features, including colors and modification of finished materials that do not alter or compromise the previously approved theme, and d A reduction in density or intensity of a development project 5 Minor modifications to this approval which are determined by the Planning and Development Services Director to be in substantial conformance with the approved site plan, and which do not intensify or change the use or require any deviations from adopted standards, may be approved by the Planning and Development Services Director upon submittal of the required application(s) and fee(s) 6 The Applicant shall indemnify, protect, defend, and hold harmless the City, and any agency or instrumentality thereof, and officers, officials, employees, or agents thereof, from any and all claims, actions, suits, proceedings, or judgments against the City, or any agency or instrumentality thereof, and any officers, officials, employees, or agents thereof to attack, set aside, void, or annul, an approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board, or legislative body, including actions approved by the voters of the City, concerning the Project and the approvals granted herein Furthermore, the Applicant shall indemnify, protect, defend, and hold harmless the City, or any agency or instrumentality thereof, against any and all claims, actions, suits, proceedings, or judgments against another governmental entity in which the Applicant's Project is subject to that other governmental entity's approval and a condition of such approval is that the City indemnify and defend such governmental entity 7 In the event that this approval is legally challenged, the City will promptly notify the Applicant of any claim or action and will cooperate fully in the defense of the matter Once notified, the Applicant agrees to defend, indemnify, and hold harmless the city, their affiliate's officers, agents and employees from any claim, action or proceeding against the City of Grand Terrace The Applicant further PC RESO NO 2023-02 Page 9 of 21 MARCH 2, 2023 agrees to reimburse the City of any costs and attorneys' fees, which the City may be required by a court to pay as a result of such action, but such participation shall not relieve Applicant of his or her obligation under this condition 8 This permit or approval is subject to all the applicable provisions of the Grand Terrace Municipal Code in effect at the time of approval, and includes development standards and requirements relating to dust and dirt control during construction and grading activities, emission control of fumes, vapors, gases and other forms of air pollution, glare control, exterior lighting design and control, noise control, odor control, screening, signs, off-street parking and off-street loading, and, vibration control Screening and sign regulations compliance are important considerations to the developer because they will delay the issuance of a Certificate of Occupancy until compliance is met Any exterior structural equipment, or utility transformers, boxes, ducts, or meter cabinets shall be architecturally screened by wall or structural element, blending with the building design and include landscaping when on the ground 9 In the event that exhibits, and written conditions are inconsistent, the written conditions shall prevail 10 Upon approval of these conditions and prior to becoming final and binding, the Applicant must sign and return an "Acceptance of Conditions" form The form and content shall be prepared by the Planning and Development Services Department 11 During construction of the site, the Project shall comply with Grand Terrace Municipal Code Section 8 108 040 (Special Activities) which prohibits construction - related activities between the hours of 8 00 p m to 7 00 a m Monday through Saturday, and no construction activity shall take place at any time on Sunday or national holidays 12 Under no condition shall there be stockpiling of material prior to the issuance of the first grading permit and related condition of approval for the grading permit have been obtained 13 Prior to the construction of perimeter decorative block walls on shared property lines, the Applicant shall submit a FenceM/all agreement signed by the adjacent property owners In the absence of a FenceMall agreement, the construction plans shall demonstrate the perimeter decorative block walls to be constructed entirely inside the property 14 The Applicant shall comply with the National Pollutant Discharge Elimination System (NPDES) 15 Comply with all applicable SCAQMD rules and regulations including Rules 402 nuisance which require the implementation of Best Available Control Measures (BACM) for each fugitive dust source, and the AQMP, which identifies Best Available Control Technologies (BACT) for area sources and point sources, respectively PC RESO NO 2023-02 Page 10 of 21 MARCH 2, 2023 16 The Applicant shall implement SCAQMD Rule 403 and standard construction practices during all operations capable of generating fugitive dust, which will include but not be limited to the use of best available control measures and reasonably available control measures such as a Water active grading areas and staging areas at least twice daily as needed, b Ensure that all disturbed areas are treated to prevent erosion until the site is constructed upon c Ensure that landscaped areas are installed as soon as possible to reduce the potential for wind erosion d Suspend grading activities when wind gusts exceed 25 mph, e Sweep public paved roads if visible soil material is carried off -site, f Enforce on -site speed limits on unpaved surface to 15 mph, and g Discontinue construction activities during Stage 1 smog episodes 17 To reduce emissions, all equipment used in grading and construction must be tuned and maintained to the manufacturer's specification to maximize efficient burning of vehicle fuel 18 The Applicant shall ensure that existing power sources are utilized where feasible via temporary power poles to avoid on -site power generation during construction 19 The Applicant shall maintain and effectively utilize and schedule on -site equipment in order to minimize exhaust emissions from truck idling 20 All equipment used in earthwork must be tuned and maintained to the manufacturer's specification to maximize efficient burning of vehicle fuel 21 Construction personnel shall be informed of ride sharing and transit opportunities 22 Comply with all existing and future CARB and SCAQMD regulations related to diesel -fueled trucks, which may include among others (1) meeting more stringent emission standards, (2) retrofitting existing engines with particulate traps, (3) use of low sulfur fuel, and (4) use of alternative fuels or equipment 23 If it is determined that hazardous wastes are or will be generated by the proposed operation of the facility, the wastes shall be managed in accordance with the California Hazardous Waste Control Law and the Hazardous Waste Control Regulations 24 The Applicant shall work with the City's franchised solid waste hauler to follow a debris management plan to divert the material from landfills by the use of separate recycling bins (e g , wood, concrete, steel, aggregate, glass) during demolition and construction to minimize waste and promote recycle and reuse of the materials 25 All Development Impact fees shall be paid to the City of Grand Terrace prior to the issuance of any building and/or construction permits The Applicant shall pay all PC RESO NO 2023-02 Page 11 of 21 MARCH 2, 2023 required development impact fees to cover 100 percent of the pro rata share of the estimated cost of public infrastructure, facilities, and services 26 Prior to issuance of any Building and/or Construction Permits, the Applicant shall submit to the Community Development Services Department proof of payment or waiver from Riverside Highland Water, City of Colton for sewer capacity fees, and Colton Unified School District for school impact fees 27 Separate submittals and permits are required for all accessory structures such as, but not limited to, street improvements, trash enclosures, patios, block walls, and storage buildings 28 Construction activities and business operational activities associated with the Project shall comply with the regulations of the City's Noise Ordinance, Chapter 8 108 of the Grand Terrace Municipal Code 29 All contractors shall acquire a valid City business license and be in compliance with all City Codes 30 The applicant shall incorporate into the project design all proposed and existing easements within the project boundaries or obtain abandonment of said easement from the affected easement holder(s) If this requirement cannot be accomplished, the project shall be redesigned 31 Four (4) copies of the construction plans, including grading and site plans shall be submitted to the Building and Safety Division for review and approval, which shall include approval by the Planning and Engineering Divisions 32 The location and method of screening for all roof -mounted shall be located inside the roof structure All ground mounted equipment shall be screened from public view and designed to be an integral component of the building design All roof - mounted equipment shall be screened from view by parapet walls or other architectural means The Applicant shall demonstrate to the satisfaction of the Planning and Development Services Director that no roof -mounted equipment will be visible from the public right-of-way 33 All ground mounted equipment, including utility boxes and backflow devices shall comply with all utility and Fire Department requirements and be screened in a manner that does not impede traffic visibility 34 Proposed lighting shall conform to the Municipal Code requirements and shall not exceed eighteen feet in height measured from the finished grade of the surface No lighting shall create illumination on an adjacent property which exceeds five footcandles measure at the ground level and lighting shall be designed to reflect away from residential district and public roadways PC RESO NO 2023-02 Page 12 of 21 MARCH 2, 2023 35 The Applicant shall contact the Planning Division for a final inspection a minimum two weeks prior to the inspection date requested Landscaping 36 Prior to the issuance of building permits, the Applicant shall submit three (3) copies of the landscape and irrigation plan prepared by a state licensed landscape architect, to be reviewed and approved by the Planning and Development Services Department The landscape and irrigation plans shall be prepared in accordance with the City's Water Efficient Landscape Ordinance (Chapter 15 56) Landscaping Standards contained in Chapter 18 60 of the Zoning Code and in compliance with the most recent version of the State Model Ordinance The plans shall demonstrate the following a Include the total square footage of the proposed landscape area including grass areas, planter areas and ground cover area b Include an image of the proposed plant material b Ensure that proposed plant material, at maturity, will maintain clear line visibility at all intersections as determined by the City's Traffic Engineer c Plant material adheres to spacing recommendations based on plant and shrub species d Note the material that will placed in planter areas, i e mulch, decorative rock, etc e Incorporate drip irrigation system to all planting areas, except turf f All trees shall be a minimum size of 24-inch box, having a minimum height of 10-feet at the time of planting g Shrubs shall be a minimum of 5-gallon size at the time of planting h Plants shall be a minimum of 5-gallon size at the time of planting i Ground cover shall be healthy, dense foliage, and well routed cuttings, or one -gallon container plants j The spacing of trees and shrubs shall be appropriate for the species used k Twenty percent of planting material shall be pollinating plants I Approval must be obtained for removal of all trees having a trunk diameter of 10 inches or more measured 48 inches above existing grade m Show location and number of existing trees to be removed on the legend PC RESO NO 2023-02 Page 13 of 21 MARCH 2, 2023 n Monument signs shall be included on the sign program to be reviewed and approved separately by the Planning Commission and shall include four square feet of landscape area for each square foot of sign area (measured by one side only) o Projects shall comply with the site landscape requirements of the underlying zoning designation and shall comply with the parking landscaping requirements per Municipal Code, Chapter 18 60 p Submit an initial deposit of $2,000 deposit for landscape plan check review q The Applicant shall contact the Planning and Development Services Department for a final inspection a minimum one week prior to the inspection date requested 37 Final landscape and irrigation plans shall be in substantial conformance with the approved conceptual landscape plan and these Conditions of Approval 38 The landscaping plan shall be consistent with the site plan and any and all wall and fencing shall be illustrated on the final landscape plan 39 Landscape plans shall depict the utility laterals, concrete improvements, and tree locations Any modifications to the landscape plans shall be reviewed and approved by the Public Works and Planning Division prior to issuance of permits 40 The Applicant and/or future property owner shall maintain the property and landscaping in a clean and orderly manner and all dead and dying plants shall be replaced with similar or equivalent type and size of vegetation within 60 days 41 The Applicant shall maintain the landscaping at a three feet height maximum within the landscape setback areas , 42 Tree removal or replacement shall be in accordance with the Tree Removal Municipal Code requirements 43 Applicant shall be responsible of the parkway maintenance, including irrigation and landscaping Signs 44 Signs are not approved as a part of this permit The Applicant shall process a Sign Program Application to be reviewed and approved by the Planning Commission prior to the issuance of the first Certificate of Occupancy The sign program shall meet the Municipal Code requirements pursuant to Chapter 18 80-Signs, shall receive approval by the Planning Commission, and shall obtain a construction permit from the Building Division Protect Specific Conditions 45 The Applicant "Lan's International Real Estate Investments, LLU shall obtain a City's Business License from the Finance Division and shall be renewed annually, PC RESO NO 2023-02 Page 14 of 21 MARCH 2, 2023 at the beginning of each calendar year, during the month of January, for as long as the leasing business remains in operation 46 Site and Architectural review 22-01 approved hours of operation shall be between 600am and 1100pm 47 Future uses proposing to operate at anytime between 11 00 p m and 6 00 a m shall be listed on the BRSP-AP, Table I, Land Use Matrix and shall comply with the submittal requirements identified on the BRSP, pursuant to Ordinance No 332 The application shall include an operations plan addressing impacts to the quality of life of adjacent properties, detailed information for the proposed overnight security, security cameras, lighting plan, noise analysis, trash, loitering, and site and building maintenance plan 48 All assembly uses are prohibited at this site, including but not limited to Athletic and Health Gyms, Music Dance and Exercise Studios, Schools Business and Professional 49 Uses supported at this site shall be identified on the BRSP-AP zoning and shall not exceed the site's parking requirement as approved on the plans of one parking space per 200 square feet of gross area Uses supporting one parking space per 200 square feet of gross area shall be identified per Municipal Code, Chapter 18 60-Off Street Parking 50 Delivery activities shall be in compliance with the Municipal Code, Noise Chapter 8 108 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 of1000pm and 700am 51 The Applicant shall ensure that all individual business tenants contact the Planning Division to verify potential uses are supported in the zoning prior to finalizing a lease agreement The Applicant shall ensure tenants obtain a business license from the Finance Division The Business License shall be renewed annually, at the beginning of each calendar year, during the month of January, for as long as each tenant business remains in operation 52 Future tenants shall obtain Land Use approval by the Planning Division, shall obtain all required clearances by the Building and Safety Division, including but not limited to tenant improvements and Certificate of Occupancy In addition, future tenants shall obtain all required clearances by pertaining agencies as determined by the City 53 Future tenants shall obtain a Business License from the Finance Division to be renewed annually as long as businesses remain in operation PC RESO NO 2023-02 Page 15 of 21 MARCH 2, 2023 54 Future uses shall submit the appropriate application to the Planning and Development Services Division as identified on the BRSP-AP zoning designation a Uses shall be reviewed and approved by the Planning Division prior to the issuance of a Certificate of Occupancy by the Building Division b Tenant improvements shall be prepared by a licensed architect and/or engineer and shall be reviewed and approved by the Building and Safety Division prior to the issuance of a Certificate of Occupancy c A Business License application shall be obtained prior to initiating business operations The business license shall be renewed annually during the month of January for as long as the business remains in operation 55 Prior to the issuance of a building permit, the applicant shall provide a draft of the proposed street dedication, which shall be recorded at the Office of the County of San Bernardino Recorder's Office The street dedication document shall be reviewed and approved by the City Engineer and City Attorney prior to recordation, and all cost for said review shall be borne by the Applicant a Barton Road dedication shall be of 10-feet b Preston Street dedication shall be of 3-feet c Parkway maintenance shall be the responsibility of the property owner at Barton Road and Preston Street, and shall be consistent with this approval d Access rights shall be granted to the City to allowing access over the drainage, lighting, and sewer easements and for public utility easements, if applicable e A $2,000 00 deposit shall be submitted for the review 56 The ultimate street improvements shall be provided at the Project's Street frontage at Barton Road, including but not limited to providing a 10-feet dedication to meet the "Major Highway" 100-feet right-of-way, grinding and repaving to half street, curb, gutter, sidewalk, street landscape, fire hydrant, and any additional requirements as requested by the City Engineer 57 The ultimate street improvements shall be provided at the Project's Street frontage at Preston Street, including but not limited to providing a 3-feet dedication to meet the "Collector' 66-feet right-of-way, grinding and repaving to half street, curb, gutter, sidewalk, street landscape, fire hydrant, and any additional requirements as requested by the City Engineer 58 The Construction Plans PC RESO NO 2023-02 Page 16 of 21 MARCH 2, 2023 a shall identify the proposed dedications at Barton Road (10-feet) and Preston Street (3-feet), and a description of the dedication shall be included on the project notes b shall include complete identification of the street frontages (Barton Road and Preston Street), including street name, centerline, curb line, right-of- way, street widths, and utility's location c shall include a note identifying there are no easements on the Project site d shall include a legend listing the perimeter retaining block walls, location, height, and decorative material 59 The Project shall construct a decorative retaining wall to the south side of the property The retaining wall shall be a minimum of six feet in height, measured from the highest grade 60 The Projects existing retaining wall located to the west side of the property shall be reconstructed and shall be engineered to support the proposed surcharge a The retaining wall shall be constructed with decorative material and shall be a minimum of six feet in height, measured from the highest grade b The portion of the retaining wall located within the fifteen feet landscape setback shall have an initial height of three feet and shall gradually increase up to six feet 61 The Project shall include a bike rack with a minimum of two spaces The design of the bike rack shall be creative/artistic and shall be reviewed and approved by the Planning and Development Services Director 62 The vehicular ingress and egress vehicular access located to the east side of the property shall be designated "right side only " A "right side only" sign location shall be determined by the Public Works Engineer prior to installation 63 The easterly egress and ingress access shall have a minimum of three methods of enforcing right -turn only as determined by the City Engineer, including but not limited to the construction of a raised pork chop, placing a `right -turn only" pole sign, adding `right -turn only arrow" lane -use pavement marking, and adding double yellow lines with diagonal stripes as a painted median to identify to drivers that a left turn into the easternly access is not permitted 64 The northerly facing parking shall include 3-feet high shrubs (at the time of planting) along the northern parking perimeter landscape area to prevent vehicle headlights from glaring into the existing residential properties across Barton Road 65 The westerly and easterly ingress and egress access slopes shall include "concrete safety grooves " PC RESO NO 2023-02 Page 17 of 21 MARCH 2, 2023 66 As directed and approved by the City Engineer, the slope grades at the ingress and egress access shall be verified and adjusted, as necessary, to avoid cars from bottoming out 67 The Projects open walk areas leading to the suite's spaces shall be hardscaped with patterned colored concrete (stamped concrete or pavers) The color and design shall be identified on the construction plans and shall be reviewed and approved by the Planning and Development Services Department 68 The Construction Plans, elevation sheet a shall include a legend identifying the material and color for the faux window located on the east side of the building The material shall be reviewed and approved by the Planning and Development Services Division b shall include a detail of the proposed wall lighting fixtures, to be reviewed and approved by the Planning and Development Services Division 69 The two proposed ingress and egress access located at Barton Road shall include a fifteen -feet width of decorative pavers in a chevron pattern and match the "terracotta" color used along the Barton Road corridor The fifteen -feet width shall be measured from the property line No decorative pavers shall be constructed on the city's right-of-way The pattern and the color shall be included in the included on all pertaining sheets of the construction plans and shall be reviewed and approved by the Planning and Development Services Division 70 The sidewalk improvements and proposed landscape at Preston Street shall be revised on the Landscaping Plan to match the proposed site plan 71 The Irrigation and Landscaping Plans shall include a variety of planting material, including Rosa Iceberg (Floribunda Rose) to Barton Road and Preston Street, and pollinating plants to be reviewed and approved by the Planning Division 72 The Applicant shall comply with all requirements of the City of Grand Terrace Building and Safety Division, including the Conditions of Approval contained in the Building and Safety Memorandum dated October 5, 2022, attached hereto as Exhibit 1 v 73 The Applicant shall comply with all requirements of the City of Grand Terrace Public Works Division, including the Conditions of Approval contained in the Public Works Memorandum dated October 10, 2022, attached hereto as Exhibit 2 74 Prior to the issuance of building permits, the Applicant shall comply with the Conditions of Approval contained in the San Bernardino County Fire Department, permit number FPLN-2023-00027, attached hereto as Exhibit 3 PC RESO NO 2023-02 Page 18 of 21 MARCH 2, 2023 75 Prior to the issuance of building permits, the Applicant shall comply with Burrtec's requirements, including but not limited to meeting the service truck radius Under no condition shall the Applicant, tenant or assignee contract for construction, solid waste, recycling, or green waste services with any independent disposal service 76 Future uses shall obtain all clearances by the San Bernardino County Division of Environmental Health Services (DEHS) for food service tenants 77 Prior to the issuance of building permits, the Applicant shall obtain all requisite permits and clearances from Riverside Highland Water Company (RHWCO) 78 Prior to the issuance of building permits, the Applicant shall comply with all the requirements of the City of Colton Water and Wastewater Department, relating to sewer service requirements 79 Loading and unloading delivery activities of motor trucks and other vehicles shall be prohibited from 10 00 p m to 7 00 a m 80 The proposed lighting shall not glare onto adjoining properties and may need to be shielded per the approved photometric plan Lighting shall not exceed eighteen feet in height from the finished grade and shall be designed to reflect away from residential uses and public roadways 81 Prior to issuance of building permits for the perimeter decorative block walls on shared property lines, the Applicant shall submit a Fence/Wall Agreement signed by the adjacent property owners authorizing construction of the wall on the shared property line In the absence of a Fence/Wall agreement, the construction plans shall demonstrate the perimeter decorative block walls to be constructed entirely inside the property 82 The trash enclosure shall comply with Burrtec requirements and shall be constructed of decorative block walls, with solid metal gates attached to posts, embedded in concrete, and roofed The space between the wall and the roof shall be gated with decorative wrought iron fencing to prevent illegal dumping 83 The perimeter planting areas around the trash enclosure shall include planning vines and a perimeter of bushes to disguise the trash enclosure within the landscaping areas 84 The Public Art shall be located on the landscape area fronting Barton Road, the final artwork shall be reviewed and approved by the Planning Division and shall comply with the Art in Public Places Ordinance No 343 85 The location and method of screening for all roof -mounted and building -mounted equipment shall be demonstrated on the elevations All equipment shall be screened from public view and designed to be an integral component of the PC RESO NO 2023-02 Page 19 of 21 MARCH 2, 2023 building design All roof -mounted equipment shall be screened from view by parapet walls or other architectural means The Applicant shall demonstrate to the satisfaction of the Planning and Development Services Director that no roof - mounted equipment will be visible from the public right-of-way 86 All ground mounted equipment, including backflow devices, shall be screened in a manner that does not impede traffic visibility The proposed screening shall be included on the construction plans The screening may include wrapping (landscaping graphic) and landscaping bushes to be reviewed and approved by the Planning Division 87 The Applicant shall be responsible for regular and ongoing upkeep and maintenance of the site, including parking lot paving condition and striping, clearing of trash, weeds and debris, lighting, and other site improvements All parking facilities shall be maintained in good condition The maintenance thereof may include but shall not be limited to the repaving, sealing, and striping of a parking area and the repair, restoration and/or replacement of any parking area design features when deemed necessary by the City to insure the health, safety, and welfare of the general public 88 The Applicant shall contact the Planning Division for a final inspection a minimum two weeks prior to the inspection date requested 89 Upon approval of these conditions and prior to becoming final and binding, the Applicant must sign and return an "Acceptance of Conditions" form The form and content shall be prepared by the Planning and Development Services Department PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Grand Terrace, California, at a public hearing/special meeting held on the 2nd day of March 2023 a,2tI=j/j f Edward A Giroux Chairman PC RESO NO 2023-02 Page 20 of 21 MARCH 2, 2023 STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) CITY OF GRAND TERRACE ) I Lanita Perez, Planning Secretary of the CITY OF GRAND TERRACE, CALIFORNIA, DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No 2023-02 was duly passed, approved and adopted by the Planning Commission, approved and signed by the Chairman, and attested by the City Clerk, at the regular meeting of said Planning Commission held on the 2nd day of March 2023, and that the same was passed and adopted by the following vote AYES Chairman Giroux, Commissioner Alaniz, Commissioner Burian, and Commissioner Mathis NOES None ABSENT Vice -Chairman Cesena ABSTAIN None RECUSE None Executed this 2nd day of March 2023, at Grand Terrace, Califorrya- anita Perez Department Secretary PC RESO NO 2023-02 Page 21 of 21 MARCH 2, 2023