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1996-06 RESOLUTION NO. 96-06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA APPROVING CUP-96-02 AND E-96-05, CONDITIONAL USE PERMIT AND NEGATIVE DECLARATION AS A REQUIREMENT FOR A TYPE 21 DISTILLED LIQUOR LICENSE AT 22087 BARTON ROAD KNOWN AS ARCO GAS STATION IN THE GC ZONE DISTRICT OF THE BARTON ROAD SPECIFIC PLAN. WHEREAS, the applicants, Ali Yasin (owner/operator), applied for a Conditional Use Permit, and Environmental Evaluation to sell distilled liquor at 22087 Barton Road in the GC Zone District of the Barton Road Specific Plan zoning area; and WHEREAS, the City of Grand Terrace presently enjoys the lowest crime rate in the County of San Bernardino; and WHEREAS, the City of Grand Terrace does not have an over concentration of off-sale alcohol licenses;.and WHEREAS, the sale of distilled liquor at this location will provide a convenience to the general public; and WHEREAS, Conditions of Approval mitigate any potential negative impacts of alcohol beverages in close distance to an elementary school, by requiring School District acceptance; and WHEREAS, the City of Grand Terrace provides local business support when ever possible to help provide services to the Community; and WHEREAS, this project requires a Negative Declaration under the California Environmental Quality Act and is attached as Exhibit 1; and WHEREAS, a properly noticed negative declaration has been prepared for this project; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Grand Terrace that the following findings have been made for the approval of CUP-96-02 and E-96- 05: 1. The proposed use will not be detrimental to the general health, safety, morals comfort or general welfare of the persons residing or working in the neighborhood of the proposed use or within the City. As conditioned the project will not have any significant negative impact on the environment, nor on the health, welfare, and safety of the surrounding residential and commercial area, and local elementary school, or within the City. 2. The proposed use will not be injurious to any physical property or improvement in the neighborhood or within the City. As conditioned below the project should not have a detrimental or injurious effect on any physical property or improvements in the surrounding neighborhood or within the City. It does not involve hazardous materials nor will it create or expose people to potential health hazards. The project is conditioned to meet the requirements of the Department of Alcohol and Beverage Control. 3. The proposed use is consistent with the latest adopted General Plan. The current General Plan designates the land use as General Commercial and General Commercial in the Barton Road Specific Plan. BE IT FURTHER RESOLVED, that the proposed project is subject to the following conditions of approval: 1. The adjacent school is an elementary curriculum with students who are obviously under the age of 21. Applicant must strictly adhere to state law regarding alcohol sales and prohibiting sale of alcoholic beverages to minors. 2. Applicant must comply and support municipal ordinances prohibiting loitering in public places. Loitering shall be prohibited on the subject property. The outlet shall also prominently post a permanent sign stating, "No trespassing, loitering, consumption or open alcoholic beverage containers are allowed inside the premises, in the parking area or in the public sidewalks adjacent to the premises". 3. The commercial entity shall supply security measures to ensure the safety of customers, employees,vendors and neighbors. These will include security lighting which shall illuminate the parking areas of the facility and shall be in operation for all hours of darkness that the facility is open for business. Security measures shall also include at least one of the following: electronic burglar alarm system, video cameras, door monitors or security guards. 4. The outlet shall not maintain or operate video or arcade machines, electronic games of any type and/or coin operated amusement devices in order to discourage children from lingering at the site. 5. Any plans for food sales, or for establishing a food establishment, shall be reviewed by _ the Department of Environmental Health Services of San Bernardino County(Please \ refer to Attachment B for reviewing agency comments). 6. Upon approval of CUP and all subject conditions, applicant must apply,receive and maintain current licensure from the ABC for the purpose of selling alcoholic beverages. 7. In the event crossing guard funding agreement is canceled,the applicant shall maintain a crossing guard to the satisfaction of the District. 8. Applicant shall comply with School District conditions to mitigate potential adverse impacts of alcoholic beverage sales in proximity of elementary school. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, HEREBY APPROVES CUP-96-02 and E-96-05, BASED ON THE ABOVE FINDINGS. PASSED, APPROVED AND ADOPTED by the City Council of the City of Grand Terrace California at a regular meeting held on the 23rd day of May, 1996. ATTEST: City Clerk of the City.of Grand Terrace May,#rof the City of Gran Terrace and of,the'City Council thereof. an of the City Council thereof. I, BRENDA STANFILL, City Clerk of the City of Grand Terrace, do hereby certify that the foregoing Resolution was introduced and adopted at a regular meeting of the City Council of the City of Grand Terrace held on the 23rd day of May, 1996, by the following vote: Councilmembers Hilkey, Singley, and: Buchanan; Mayor Pro Tem. AYES: Carlstrom; Mayor Matteson NOES: None ABSENT: None ABSTAIN: None City Clerk Approved as to form: City Attorney pp c:\office\wpwin\wpdocs\planning\cc\cup9602.per NEGATIVE DECLARATION Pursuant to the California Environmental Quality Act, a Negative Declaration is hereby filed on the below referenced project, on the basis that said project will not have a significant effect on the environment. DESCRIPTION OF THE PROJECT: CUP96-02,E96-05, an application for a Condutional Use Permit and Environmental Review of permit to obtain a license to sell alcoholic beverages (License Type 21, Off-Sale General). APPLICANT: Arco Gas Station,Ali Yasin Owner and Operator FINDING OF NO SIGNIFICANT EFFECTS: Based on the attached Initial Study,there is no substantial evidence that the project will have a significant impact on the environment. Pa ' 'a Materassi Date Community Development Director City of Grand Terrace PM:hc c:\...\planning\e9605.nd Exh.iblt I a.�P9b-oa !99b CITY OF GRAND TERRACE PLANNING DEPARTMENT INITIAL ENVIRONMENTAL STUDY I. Background 1. Name of Proponent: City of Grand Terrace 2. Address and Phone Number of Proponent: CjV of Grand Terrace 22795 Barton Road. Grand Terrace. CA 92313 Attention: Patrizia Materassi. Community Development Director. 909-824-6621 3. Date of Environmental Assessment: ,Qf�3 ,, 4. Agency Requiring Assessment: City of Grand Terrace 5. Name of Proposal, if applicable: 6. Location of Proposal: 2.2.087 moors R0 Arand TejYarv, ek II. Environmental Impacts (Explanations of all "yes' and 'maybe' answers are provided on attached sheets.) Yes Ma3ft N2 1. Earth. Will proposal result is a. Unstable earth conditions or in changes in geologic substructures? V/ b. Disruptions, displacements, compaction or overcovering _ / of this soil? y C. Substantial change in topography / or ground surface relief features? V 1 YA Mak NQ d. The destruction, covering Of / modification of any unique / geologic or physical features? v e. Any substantial increase in wind or water erosion of soils, either on or off site? f. Changes in deposition or erosion of beach sands, or changes in situation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? g. Exposure of people or property to geologic hazards such as earthquakes, landslides, mudslides, ground failure, or similar hazards? 2. Air. Will the proposal result in: a. Substantial air emissions or deterioration of ambient air quality? b. The creation of objectionable odors? y C. Alteration of air movement, moisture or temperature, or any change in climate, whether locally or regionally? 3. Water. Will the proposal result in: a. Substantial changes in currents, or the course or direction of / water movements, in either marine or fresh waters? y 2 - YA `Aft b. Substantial changes in absorption rates, drainage patterns, or the rate and amount of surface / runoff? C. Alterations to the course or / flow of flood waters? V / d. Change in the amount of surface water in any water body? e. Discharge into surface waters, or in any alteration of surface water quality, including, but not limited to, temperature, dissolved oxygen or turbidity? V f. Alteration of the direction or / rate of flow of ground waters? V g. Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer cuts or excavations? _XZ h. Substantial reduction in the amount of water otherwise available for public water supplies? i. Exposure of people or property to water related hazards such as flooding or tidal waves? 4. Plant Life. Will the proposal result in: a. Change in the diversity of species, or number of any native species of plants (including trees, shrubs, grass, crops and aquatic plants)? V 3 ya Maybe N2 b. Reduction of the numbers of any unique, rare or endangered species of plants? / r C. Introduction of new species of / plants into an area of native vegetation, or in a barrier to the normal replenishment of existing V species? d. Substantial reduction in acreage , / of any agricultural crop? �/ 5. Animal Life. Will the proposal result in: a. Change in the diversity of species, or numbers of any species of animals (birds, land animals including reptiles, fish and shellfish, benthic organisms or / insects)? b. Reduction of the numbers of any unique, rare or endangered species of animals? v C. Deterioration to existing fish / or wildlife habitat? VVV 6. Noise. Will the proposal result in: / a. Increases in existing noise / levels? b. Exposure of people to severe noise levels? 7. Light and Glare. Will the proposal / produce substantial new light or glare? V 8. Land Use. Will the proposal result in a substantial alteration of the present or planned land use of an area? 4 YM Maybe 9. Natural Resources. Will the proposal result in: a. Substantial increase in the rate of use of any natural resources? b. Substantial depletion of any nonrenewable natural resource? 10. Risk of Upset. Will the proposal involve: a. A risk of an explosion or the release of hazardous substances (including, but not limited to, oil pesticides, chemicals or radiation) in the event of an accident or f upset conditions? b. Possible interference with an emergency response plan or an emergency evacuation plan? 11. Population. Will the proposal alter the location, distribution, density or growth rate of the human population of an area? 12. Housing. Will the proposal affect existing housing or create a demand for additional housing? 13. Tmnsportation/Circulation. Will the proposal result in: a. Generation of substantial additional vehicular movement? y b. Effects on existing parking facilities, or demand for new parking? C. Substantial impact upon existing transportation systems? 5 � Mayes Lv4 d. Alterations to present patterns of circulation or movement of people and/or goods? C. Alterations to waterborne, rail or air traffic? f. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? 14. Public Services. Will the proposal have substantial effect upon, or result in a need for new or altered governmental services in any of the following areas: a. Fie protection? V protection? Z b. Police p C. Schools? , / d. Parks or other recreational facilities? e. Maintenance of public facilities, including roads? g / f. Other governmental services? v 15. Energy. Will the proposal result in: a. Use of substantial amounts 0 of fuel or energy? b. Substantial increase in demand upon existing sources of energy, / or require the development of new sources of energy? y 16. Utilities. Will the proposal result in a need for new systems, or substantial alterations to the following utilities: 6 X9 Maybe a. Power or natural gas? V b. Communications stems? v C. Water? V/ d. Sewer or septic tanks? v C. Storm water drainage? f. Solid waste and disposal? 17. Human Health. Will the proposal result in: a. Creation of any health hazard or potential health hazard (excluding mental health)? b. Exposure of people to potential / hazards? V 18. Aesthetics. Will the proposal result in the obstruction of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to public view? 19. Recreation. Will the proposal result in an impact upon the quality or quantity / of existing recreational opportunities? V 20. Cultural Resources. a. Will the proposal result in the alteration of or the destruction of a prehistoric or historic archaeological site? 7 yes Maybe L14 b. will the proposal result in adverse physical or aesthetic effects to a prehistoric or historic building, structure _ / or object? �/ C. DOes the proposal have the potential to cause a physical change which would affect unique V ethnic cultural values? d. Will the proposal restrict existing religious or sacred uses V within the potential impact area? 21. Mandatory Findings of Significance. a. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal or eliminate important examples of the major periods of California V history or prehistory? b. Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? (A short term impact on the environment is one which occurs in a relatively brief, definitive period of time while long-term impacts will endure well into the future.) C. Does the project have impacts which are individually limited, but cumulatively considerable? (A project's impact on two or 8 iA Mayh more separate resources may be relatively small, but where the effect of the total of those impacts on the environment is significant.) d. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Environmental Determination On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that, although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on attached sheets have been added to the project. A NEGATIVE DECLARATION WILL BE PREPARED. I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. Patrizia Materassi Community Development Director J t Date Signature For City of Grand Terrace 9 DISCUSSION OF ENVIRONMENTAL EVALUATION 1. Name of Proponent: Arco Station Ali Yasin,Owner/Operator 2. Address/Phone Number of Proponent: 22807 Barton Road Grand Terrace,CA 92313 (909)424-0275 3. Date Study Completed for Posting: March 13,19,% 4. Agency Requiring Initial Study: City of Grand Terrace S. Name of Proposal: CUP 96-02IE9645- Permit to Sell Alcohol 6. Location of Proposal: 22807 Barton Road. 0000000000000000000000000000000000000000 ENYMONMENTAL IMPACTS 1. Earth. Will the proposal result in: a-g. Unstable Earth Conditions, changes in geological substructures, disruptions, displacements, substantial changes in topography,destruction,covering of any unique geologic or physical features, substantially increase in wind or water erosion of soils,erosion of beach sands or increase exposure of people or property to seismic hazards? No. This proposed use will not negatively impact geological substructures/features or, topography. This proposal will not alter air flow or people's exposure to seismic hazards as this proposal consists of a permit to sell alcohol at this location. This conditional use will have no negative impact on earth conditions or soil 2. Air. Will the proposal result in: a-c. Substantial air emissions or deterioration of ambient air quality, creation of objectionable odors, alteration of air movement? No. The proposed use will not significantly affect ambient air quality; nor will it create objectionable odors or alter air flow/movement due to the nature of the proposal This proposal will not result In any physical alterations. 3. Water.Will the proposal result in: a-I. Substantial changes of currents,course,water movements,drainage patterns,flood waters,surface waters,ground waters,public water supplies,or exposure of people or property to flood hazards? No. The use will not cause any significant changes in water supply or water flow. This proposal will not increase exposure of people or property to flood hazards because it does not entail a DISCUSSION OF EMROMMENTAL EVALUATION CUP9"2&E9"5 significantly more Intense an and will take place at a previously developed site. This proposed use will not Involve any physical alterations. 4. Plant Life. Will the proposal result in:' a-d. Change in the diversity of species or number of native species or reduction of endangered species of plants or introduction of new species? No. The site is already fully developed and paved,and therefore,the proposed use will not Impact the diversity or number of endangered or native plant species. This proposed project will not include the introduction of new species as it does not involve any physical changes. S. Animal Life. Will the proposal result in: a-c. Change in the diversity of species,numbers of wildlife or fish habitat? No. This proposal will not result in changes In the diversity of numbers of either wildlife or fish as it does not entail the physical alteration of the property.This project will not alter the habitat of fish or wildlife due to the fact it will take place on a previously developed and paved site. 6. Noise. Will the proposal result in: a-b. Increases in existing noise levels or exposure of people to severe noise levels? Maybe. This proposal has the potential to draw more consumers to the area,thereby causing the number of people in the parking area to increase. This larger number of people has the potential to increase noise levels. This project will be conditioned to restrict parking area gathering. 7. Light and Glare. Will the proposal produce substantial new light or glare? a. No. This proposed use will not produce additional amounts of light/glare. S. Land Use. Will the proposal result in a substantial alteration of the present or planned land use of an area? Maybe. The proposed use,off sale of alcoholic beverages,Is only permitted with CUP when the subject site is located within 500' of a school. The proposed use of liquor store Is,however, permitted by current zoning ordinance. Further, the primary use as an general commerciallauto service station will remain the same. The intent of conditioning the proposed use to Is to prevent potential conflicts of land uses and to safeguard the well-being of children who attend an adjacent school. Any such potential conflicts will be eliminated by strict adherence to state law regarding alcohol sales,as well as municipal ordinances applicable to loitering on public property. Loitering will also be prohibited on the subject property. The outlet shall prominently post a permanent sign stating,"No trespassing,loitering,consumption or open alcoholic beverage containers are allowed inside the premises,In the parking area or in the public sidewalks adjacent to the premises". The adjacent school is an elementary curriculum with students who are obviously under the age of 21. Applicant must strictly adhere to state law regarding alcohol sales and prohibiting sale of alcoholic beverages to minors.The adjacent school does provide an adult crossing guard for school children at the intersection of Barton Road and Michigan Avenue(the location of the business applicant)which supplies adult supervision in this area.There is no undue concentration of liquor licenses In the area. In fact, there are five off-sale liquor licenses(both general and beer and wine)in city boundaries.It Is DISCUSSION OF ENVIRONMENTAL EVALUATION CUP96-02 do EY"5 therefore felt that the issuance of an of-sale general liquor license(License type 21)would serve the public convenience. Note that this type of license authorizes the sale of beer, wine and distilled spirits.The site Is an adequate distance from other licensed Alcoholic Beverage Outlet facilities that possess liquor licenses. The site Is more than 700'from another such facility. This exceeds the distance offered by other cities which have adopted ordinances regarding this distance.Neither the city or this particular census tract Is a high-crime area,and In fact,has a lower crime rate than that of San Bernardino County. The commercial entity will supply security measures to ensure the safety of customers,employees,vendors and neighbors. These will include security lighting which shall illuminate the.parking areas of the facility and shall be in operation for all hours of darkness that the facility is open for business. Security measures shall also Include at least one of the following:electronic burglar alarm system,video cameras, door monitors or security guards. The outlet shall not maintain or operate video or arcade machines,electronic games of any type and/or coin operated amusement devices in order to discourage children from lingering at the site. 9. Natural Resources. Will the proposal result in: a-b. Substantial increase in the rate of use of any natural resources or depletion of any nonrenewable natural resource: No. This use will not substantially increase the rate of use of any natural resources. This proposal will not contribute to the depletion of any nonrenewable natural resource as it has no physical components to IL 10. Risk of Upset. Will the proposal result in: a-b. Risk of an explosion,release of hazardous substances or interference with an emergency response plan. No. This proposed use does not involve the release of hazardous substances;nor does it increase the risk of explosion at the subject site since beverages are sealed and sold at the retail level. No large scale storage of alcohol products Is being proposed at this time. In addition,health and fire conditions will be strictly Imposed. This project will not have any effect on an emergency response plan. .11. Population. Will the proposal after the location,distribution,density or growth rate of the human population of an area? No. The proposal will not alter the growth rate,distribution or density of the human population as the subject site is relatively small and there is the city itself is nearly at buildouL 12. Housing. Will the proposal affect existing housing or create a demand for additional housing? No.The proposal does not create or increase the demand for housing in the area,and therefore, it is not expected to have any effect on existing housing supply or demand. This proposed use will not involve physical alteration to the property and will take place on a previously developed site. 13. Transportation/Circulation. Will the proposal result in: a-f. Generation of substantial additional vehicular movement,effect on existing parking facilities,impact on existing systems,alterations to present patterns of circulation or movement of peopleland or goods and services? DISCUSSION OF ENVIRONMENTAL EVALUATION CUP9"2&E9"S No. The proposed use itself Is not expected to generate significant amounts of traffic,affect existing parking facilities/systems,or alter the present patterns of circulation. 14. Public Services. Will the proposal have substantial effect upon, or result in a need for new or altered governmental services in the following areas: a-L Maybe. The sale of alcoholic beverages has the potential to create a demand for additional police protection(San Bernardino County Sheriff's Department)at the subject location as the project will be conditional to follow the Alcoholic Beverage Control regulations and municipal ordinances. Therefore,loitering will not be permitted as per municipal code and the property owner must prominently post a sign disallowing loitering activity on the premises,including parking areas. 15. Energy. Will the proposal result a-b. Use of substantial amounts of fuel or energy or increase the demand? No. The use is not expected to use substantial amounts of fuel supplies or significantly Increase the demand for fuel or energy as the proposed use does not entail the physical alteration of the property or structure. 16. Utilities. Will the proposal result in a need for new systems,or substantial alterations to the following utilities: a-f. No.This proposed use will not result In a need for substantial increases for additional utilities as it does not Involve physical changes in the structure or property. Any additional security lights Installed on the premises will not significantly alter the need for utility services. 17. Human Health. Will the proposal result in: a-b. Creation of any health hazard or exposure of people to potential hazards? Maybe.The proposed use has the potential for affecting human health due to the fact that the subject site is located within 500'of a school. However,the business is subject to all state and municipal ordinances,as well as regulations established by the Bureau of Alcoholic Beverage Control Alcoholic beverages will not be sold to minors. Loitering will not be permitted at the site. The subject site will not be permitted to have electronic games or coin operated entertainment machines In order to discourage minors from lingering at the site when making purchases. is. Aesthetics. Will the proposal result in the obstruction of any scenic vista or view open to the public or will the proposal result in the creation of offensive site? Maybe. The proposed use will take place on a previously developed site and does not involve the obstruction and/or creation of a scenic vista. As conditioned,this project will not result in the creation of offensive site as It does not include physical alteration of the site and loitering, and subsequent Uttering, will not be permitted. The business owner has the responsibility of maintaining the cleanliness of the subject site. 19. Recreation. Will the proposal result in an impact upon the quality or quantity of existing recreational opportunities? INVUL ENVIRONAMWAL EVALUATION CUP96-02,E9645 No. As conditioned,the proposed use will not have a negative Impact on existing recreational opportunities as the proposed sale of alcohol will take place on an existing retail site. 20. Cultural Resources. a. Will the proposal result in the alteration of , or the destruction of, a prehistoric or historic archaeological site? No. The sale of alcohol will occur on an existing commercial site and does not Involve any physical improvements or alterations of any cultural resources;nor does it involve any physical alteration of the site existing site ItselL 21. Mandatory Findings of Significance. a. Does the project have the potential to degrade the quality of the environmental,substantially reduce the habitat of fish or wildlife species,cause fish or wildlife population to drop below self sustaining levels,threaten to eliminate a plant or animal community,reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California History or prehistory? b. Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? C. Does the project have impacts which are individually limited,but cumulatively considerable? No.As conditioned,the project does not have the potential to degrade the environment or have long-term cumulative impacts. The proposed use will not affect endangered species,nor their habitat and will not Impact any cultural elements of California history or prehistory. HC planning\environ\e9605.is RMUL ENVIRONAENTAL EVALUATION CUP9"2.E9"5