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07-16-2020 CITY OF GRAND TERRACE PLANNING COMMISSION/SITE AND ARCHITECTURAL REVIEW BOARD AGENDA Council ChambersRegular Meeting6:30 PM Grand Terrace Civic Center PUBLIC ADVISORY: THE COUNCIL CHAMBER IS NOW OPEN TO THE PUBLIC!! On June 12, 2020 the County of San Bernardino has decided to move forward with reopening its Board of Supervisors meetings to the public. The City is following the the Planning Commission meeting of July 16, 2020 is now open to the public. Please pursuant to State guidelines, face masks are recommended, social distancing will be practiced, and occupancy limits will be enforced. Please note that Pursuant to Section3 of Executive Order N-29-20, issued by Governor Newsom on March 17, 2020, the regular meeting of the Planning Commission/Site and Architectural Review Board for July 16, 2020 will also be conducted telephonically through Zoom and broadcast live on the Cibsite. If you would like to participate telephonically and speak on an agenda item, you can access the meeting by dialing the following telephone number and you will be placed in the waiting room, muted until it is your turn to speak: *67 1-669-900-9128 Enter Meeting ID: 835 4169 6360 Password: 016264 NOTE: Your phone number will appear on the screen unless you first dial *67 before dialing the numbers as shown above. The City wants you to know that you can also submit your comments by email to ccpubliccomment@grandterrace-ca.gov. To give the City Clerk adequate time to print out your comments for consideration at the meeting, please submit your written comments prior t Office at (909) 824-6621 by 5:00 p.m. If you wish to have your comments read to the Planning Commissioners during the appropriate Public Comment period, please indicate in the Subje and list the item number you wish to comment on. Comments that you want read to the Planning Commission will be subject to the three minute time limitation (approximately 350 words). Pursuant to the Executive Order, and in compliance with the Americans with Disabilities Act, if you need special assistance to participate in the Planning Commission/Site and - 6621 within 48 hours of the meeting. City of Grand TerracePage 1 Agenda Grand Terrace Planning Commission/Site and Architectural Review Board July 16, 2020 The City of Grand Terrace thanks you in advance for taking all precautions toprevent spreading the COVID-19 virus. CALL TO ORDER Convene the Meeting of the Planning Commission and Site and Architectural Review Board. PLEDGE OF ALLEGIANCE ROLL CALL Attendee Name Present Absent Late Arrived Chairman Edward A. Giroux Vice-Chairman Jeremy Briggs Commissioner Jeffrey McConnell Vacant Vacant APPROVAL OF AGENDA PUBLIC ADDRESS Public address to the Commission shall be limited to three minutes unless extended by the Chairman. Should you desire to make a longer presentation, please make written request to be agendized to the Director of Planning and Development Services. This is the opportunity for members of the public to comment on any items not appearing on the regular agenda. Because of restrictions contained in California Law, the Planning Commission may not discuss or act on any item not on the agenda but may briefly respond to statements made or ask a question for clarification. The Chairman may also request a brief response from staff to questions raised during public comment or may request a matter be agendized for a future meeting. City of Grand Terrace Page 2 Agenda Grand Terrace Planning Commission/Site and Architectural Review Board July 16, 2020 A.CONSENT CALENDAR 1. Approval of Minutes Regular Meeting 05/21/2020 DEPARTMENT: CITY CLERK 2. Approval of Minutes Regular Meeting 06/18/2020 DEPARTMENT: CITY CLERK B.ACTION ITEMS None. C.PUBLIC HEARINGS 1. Conditional Use Permit 19-01, Site and Architectural Review 19-03 and Environmental 19-05; a Proposal to Establish a Trailer/Container Storage Facility, Located 520 Feet from Vivienda Avenue and South of the Santa Ana River Tail (APN's: 0275-191-06 and 0275-191-30) (Continued from 5-21-2020 and 6-18-2020) RECOMMENDATION: 1) Conduct a public hearing; and 2) Consider Adoption of A RESOLUTION OF THE PLANNING COMMISSION/SITE AND ARCHITECTURAL REVIEW BOARD OF THE CITY OF GRAND TERRACE, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION (ENVIRONMENTAL 19-05) PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND APPROVING CONDITIONAL USE PERMIT 19-01 AND SITE AND ARCHITECTURAL REVIEW 19-03 TO DEVELOP A TRAILER/CONTAINER STORAGE FACILITY FOR A MAXIMUM OF 650 PARKING SPACES FOR EMPTY SEMI-TRAILERS, SHIPPING AND STORAGE CONTAINERS, AND CHASSIS USE ON A 21.92- -191-06 AND 0275-191-30 IS CURRENTLY UNDEVELOPED AND IS LOCATED APPROXIMATELY 520 FEET NORTH OF VIVIENDA AVENUE AND SOUTH OF THE SANTA ANA RIVER TRAIL IN THE NORTHWESTERN PORTION OF THE CITY DEPARTMENT: PLANNING & DEVELOPMENT SERVICES City of Grand Terrace Page 3 Agenda Grand Terrace Planning Commission/Site and Architectural Review Board July 16, 2020 D.PRESENTATIONS 1. Presentation Regarding Nonconforming Use & Building Regulations in the Grand Terrace Municipal Code, and Nonconforming Uses & Buildings in Grand Terrace RECOMMENDATION: Receive and file. DEPARTMENT: PLANNING COMMISSION/SITE AND ARCHITECTURAL REVIEW BOARD E. INFORMATION TO COMMISSIONERS F. INFORMATION FROM COMMISSIONERS ADJOURN Adjourn to the next scheduled meeting of the Site and Architectural Review Board/Planning Commission to be held on August 6, 2020 at 6:30 p.m. City of Grand Terrace Page 4 A.1 CITY OF GRAND TERRACE PLANNING COMMISSION/SITE AND ARCHITECTURAL REVIEW BOARD MINUTES Council ChambersRegular Meeting6:30 PM CALL TO ORDER Vice-Chair Edward Giroux convened the Regular Meeting of the Planning and Commission/Site and Architectural Review Board for Thursday, May 21, 2020. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Commissioner Jeffrey McConnell. Attendee NameTitleStatusArrived Edward A. GirouxVice-ChairPresent Tara CesenaCommissionerPresent Jeffrey McConnellCommissionerPresent Jeremy BriggsCommissionerPresent David AlanizCommissionerPresent Steven WeissPlanning & Development Services DirectorPresent Robert KhuuAssistant City AttorneyPresent Haide AguirreAssistant PlannerPresent Debra ThomasCity ClerkPresent INSTALLATION OF COMMISSIONER David Alaniz, newly appointed Planning Commissioner was administered the Oath of Office by Debra Thomas, City Clerk. SELECTION OF NEW OFFICERS 1.Motion:Nomination for Chairperson Commissioner Briggs moved, with a second by Jeffrey McConnell, to nominate Vice- Chair Edward Giroux to serve as the Planning Commission Chairman. City of Grand TerracePage 1 Packet Pg. 5 A.1 Minutes Grand Terrace Planning Commission/Site and Architectural Review Board May 21, 2020 RESULT: ADOPTED \[UNANIMOUS\] MOVER: Jeremy Briggs, Commissioner SECONDER: Jeffrey McConnell, Commissioner AYES: Giroux, Cesena, McConnell, Briggs, Alaniz 2. Motion: Nomination for Vice-Chair Commissioner McConnell moved to nominate Commissioner Jeremy Briggs to serve as Vice-Chair. Commissioner Cesena made a substitute motion to nominate herself to serve as Vice- Chair. Robert Khuu, Assistant City Attorney explained to the Planning Commission how the process works when a substitute motion is made before a second is received on the original motion first. dies due to lack of a second. Commissioner McConnell moved, with a second from Commissioner Jeremy Briggs, to nominate Commissioner Jeremy Briggs to serve as Vice-Chair. RESULT: ADOPTED \[3 TO 2\] MOVER: Jeffrey McConnell, Commissioner SECONDER: Jeremy Briggs, Commissioner AYES: Edward A. Giroux, Jeffrey McConnell, Jeremy Briggs NAYS: Tara Cesena, David Alaniz RECESS FOR REORGANIZATION Chairman Giroux recessed the regular meeting of the Planning Commission/Site and Architectural Review Board at 6:38 p.m. Chairman Giroux reconvened the regular meeting of the Planning Commission/Site and Architectural Review Board at 6:56 p.m. Minutes Acceptance: Minutes of May 21, 2020 6:30 PM (CONSENT CALENDAR) APPROVAL OF AGENDA Motion: Motion: May 21, 2020 Approval of Agenda City of Grand Terrace Page 2 Packet Pg. 6 A.1 Minutes Grand Terrace Planning Commission/Site and Architectural Review Board May 21, 2020 RESULT: ADOPTED \[4 TO 0\] AYES: Edward A. Giroux, Tara Cesena, Jeffrey McConnell, Jeremy Briggs ABSTAIN: David Alaniz PRESENTATIONS None. PUBLIC ADDRESS None. A.CONSENT CALENDAR 1. Approval of Minutes Special Meeting 10/24/2019 RESULT: ACCEPTED \[4 TO 0\] MOVER: Jeremy Briggs, Commissioner SECONDER: Tara Cesena, Commissioner AYES: Edward A. Giroux, Tara Cesena, Jeffrey McConnell, Jeremy Briggs ABSTAIN: David Alaniz 2. Approval of Minutes Special Meeting 12/12/2019 RESULT: ACCEPTED \[4 TO 0\] MOVER: Jeremy Briggs, Commissioner SECONDER: Tara Cesena, Commissioner AYES: Edward A. Giroux, Tara Cesena, Jeffrey McConnell, Jeremy Briggs ABSTAIN: David Alaniz 3. Approval of Minutes Regular Meeting 02/20/2020 RESULT: ACCEPTED \[4 TO 0\] MOVER: Jeremy Briggs, Commissioner Minutes Acceptance: Minutes of May 21, 2020 6:30 PM (CONSENT CALENDAR) SECONDER: Tara Cesena, Commissioner AYES: Edward A. Giroux, Tara Cesena, Jeffrey McConnell, Jeremy Briggs ABSTAIN: David Alaniz B.ACTION ITEMS - NONE None. City of Grand Terrace Page 3 Packet Pg. 7 A.1 Minutes Grand Terrace Planning Commission/Site and Architectural Review Board May 21, 2020 C.PUBLIC HEARINGS 1. Zoning Code Amendment 20-01 and Specific Plan 20-01 to Amend Title 18 of the Grand Terrace Municipal Code and Barton Road Specific Plan to Regulate Uses Proposing Hours of Operation Any Time Between 11:00 P.M. and 6:00 A.M., and a Related Environmental Determination Pursuant to CEQA Regulation Section 15061(B)(3) Haide Aguirre, Assistant Planner gave the PowerPoint presentation for this item. Commissioner Cesena directed Staff to make sure that applicant is provided with the appeal process spelled out when filing an application for an Administrative CUP/CUP. and process. Chairman Giroux opened the public hearing at 7:19 p.m. Chairman Giroux closed the public hearing at 7:20 p.m. Staff would like to recommend a modification to the proposed Municipal Code and the Barton Road Specific Plan Amendments to include the following: effective date of the ordinance with operational hours between 11:00 p.m. and 6:00 a.m. are Commissioner Cesena moves to approve the resolution recommending adoption of the ordinance to the City Council with the requirement that the above stated language be included with the ordinance to the extent for both the specific plan amendment and code amendment and giving staff direction to make sure the language fits within the larger scheme of the proposed changes. 1) CONDUCT A PUBLIC HEARING, AND 2) ADOPT A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GRAND TERRACE RECOMMENDING THAT THE CITY COUNCIL MAKE A DETERMINATION THAT ZONING CODE Minutes Acceptance: Minutes of May 21, 2020 6:30 PM (CONSENT CALENDAR) AMENDMENT 20-01 AND SPECIFIC PLAN AMENDMENT 20-01 ARE EXEMPT, PURSUANT TO SECTION 15061(B)(3) OF TITLE 14 OF THE CALIFORNIA CODE OF REGULATIONS, FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; AND RECOMMENDING THAT THE CITY COUNCIL ADOPT ZONE CODE AMENDMENT 20-01, WHICH AMENDS CHAPTER 18.06 (DEFINITIONS), CHAPTER 18.33 (C2 GENERAL BUSINESS DISTRICT) SECTION 18.33.020 (PERMITTED USES) AND SECTION 18.33.030 (CONDITIONAL PERMITTED USES) OF TITLE 18 OF THE GRAND TERRACE MUNICIPAL CODE, AND City of Grand Terrace Page 4 Packet Pg. 8 A.1 Minutes Grand Terrace Planning Commission/Site and Architectural Review Board May 21, 2020 RECOMMENDING THAT THE CITY COUNCIL ADOPT SPECIFIC PLAN AMENDMENT 20-01, WHICH AMENDS THE BARTON ROAD SPECIFIC PLAN (TABLE I, LAND USE MATRIX) TO ESTABLISH REQUIREMENTS FOR BUSINESSES PROPOSING TO OPERATE AT ANY TIME BETWEEN 11:00 P.M AND 6:00 A.M. RESULT: APPROVED \[UNANIMOUS\] MOVER: Tara Cesena, Commissioner SECONDER: Jeremy Briggs, Commissioner AYES: Giroux, Cesena, McConnell, Briggs, Alaniz 2. Conditional Use Permit 19-01, Site and Architectural Review 19-03 and Environmental 19-05; a Proposal to Establish a Trailer/Container Storage Facility, Located 520 Feet from Vivienda Avenue and South of the Santa Ana River Tail (APN's: 0275-191-06 and 0275-191-30) Chairman Giroux and Commissioner McConnell recused themselves from Agenda Item No. C.1 Conditional Use Permit 19-01, Site and Architectural Review 19-03 and Environmental 19-05. Steve Weiss, Planning & Services Development Director gave the PowerPoint presentation for this item. Vice-Chairman Briggs opened the public hearing at 8:52 p.m. David Mlynarski, Transtech, provided a PowerPoint presentation on behalf of the Applicant and Property Owner, Grand Terrace I. PUBLIC COMMENT The following members of the public telephoned through Zoom to express their opposition to the project: Mayor Pro Tem Isaac Suchil Rita Schwartz Isaac Steinline Bobbie Forbes William Mahany Minutes Acceptance: Minutes of May 21, 2020 6:30 PM (CONSENT CALENDAR) Debra Thomas, City Clerk, stated for the record that a copy of each email received has been placed at the dais in front of each Planning Commissioner. The City received thirteen (13) emails from members of the public in opposition to the project as follows: Bobbie Forbes Rob Macias William Mahaney Catherine Guthrie City of Grand Terrace Page 5 Packet Pg. 9 A.1 Minutes Grand Terrace Planning Commission/Site and Architectural Review Board May 21, 2020 Don Smith Jennifer Katuls Martha Macias Juanita Odenbaugh Javier Montano Sr. Virginia Fernandez Janese Makshanoff John Odenbaugh Jane Valencia Bobbie Forbes William Mahaney Debra Thomas, City Clerk, stated for the record that a copy of each email received has been placed at the dais in front of each Planning Commissioner. The City received one (1) email from a member of the public in opposition to the project as follows: Khanh Tran Jeffrey McConnell, Grand Terrace expressed his opposition to the project. Vice-Chairman Briggs closed the public hearing at 10:45 p.m. Vice-Chairman Briggs moved, with a second from Commissioner Alaniz to continue the public hearing to June 18, 2020. 1) CONDUCT A PUBLIC HEARING; AND 2) CONSIDER ADOPTION OF A RESOLUTION OF THE PLANNING COMMISSION/SITE AND ARCHITECTURAL REVIEW BOARD OF THE CITY OF GRAND TERRACE, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION (ENVIRONMENTAL 19-05) PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND APPROVING CONDITIONAL USE PERMIT 19-01 AND SITE AND ARCHITECTURAL REVIEW 19-03 TO DEVELOP A TRAILER/CONTAINER STORAGE FACILITY FOR A MAXIMUM OF 650 PARKING SPACES FOR EMPTY SEMI-TRAILERS, SHIPPING AND STORAGE CONTAINERS, AND CHASSIS USE ON A 21.92- Minutes Acceptance: Minutes of May 21, 2020 6:30 PM (CONSENT CALENDAR) -191-06 AND 0275-191-30 IS CURRENTLY UNDEVELOPED AND IS LOCATED APPROXIMATELY 520 FEET NORTH OF VIVIENDA AVENUE AND SOUTH OF THE SANTA ANA RIVER TRAIL IN THE NORTHWESTERN PORTION OF THE CITY RESULT: CONTINUED Next: 6/18/2020 6:30 PM City of Grand Terrace Page 6 Packet Pg. 10 A.1 Minutes Grand Terrace Planning Commission/Site and Architectural Review Board May 21, 2020 D.INFORMATION TO COMMISSIONERS None. E. INFORMATION FROM COMMISSIONERS Vice-Chairman Briggs requested that the following return to the Planning Commission for discussion: Non-conforming grandfather clause and changes to the Municipal Code Vice-Chairman asked Alan French, Senior Civil Engineer if the parking lot striping at Richard Rollins park will be completed before organized sports activities. Engineer French stated it will not happen before July 1, 2020 and will depend on when funding becomes available. Commissioner McConnell requested that the following return to the Planning Commission for discussion: Educate the applicant and their options when they apply for a CUP, identify the process Information on the process for the Planning Commission to bring forward agenda items to the City Council. Chairman Giroux requested more training for the Planning Commission as a whole and asked the Planning Commission if they would agree. He also requested that each Planning Commissioner return to the next meeting with a list of items each Commissioner would like to see staff coordinate training on for the Planning Commission. He also suggested that the Planning Commission participate in regional training that is held close to the area. Chairman Giroux asked if the Commissioners would like a copy of Planning Commission duties. ADJOURN Minutes Acceptance: Minutes of May 21, 2020 6:30 PM (CONSENT CALENDAR) Adjourn to the next scheduled meeting of the Site and Architectural Review Board/Planning Commission to be held on August 15, 2019 at 6:30 p.m. City of Grand Terrace Page 7 Packet Pg. 11 A.2 CITY OF GRAND TERRACE PLANNING COMMISSION/SITE AND ARCHITECTURAL REVIEW BOARD MINUTES Council ChambersRegular Meeting6:30 PM CALL TO ORDER Debra Thomas, City Clerk convened the Regular Meeting of the Planning Commission/Site and Architectural Review Board for Thursday, June 18, 2020 at 6:30 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Commissioner Tara Ceseña. Attendee NameTitleStatusArrived Edward A. GirouxChairmanAbsent Jeremy BriggsVice-ChairmanAbsent Tara CeseñaCommissionerPresent Jeffrey McConnellCommissionerPresent David AlanizCommissionerPresent Steven WeissPlanning & Development Services DirectorPresent Robert KhuuAssistant City AttorneyPresent Haide AguirreAssistant PlannerPresent Debra ThomasCity ClerkPresent Robert Khuu, Assistant City Attorney explained to the Planning Commission that dueto the absence of ChairmanEd Giroux and Vice-ChairmanJeremy Briggs, it will need to select a temporary Acting Chair for the June 18, 2020 Planning Commission meeting. Commissioner Jeffrey McConnell moved, with a second from Commissioner David Alaniz, to select Commissioner Tara Ceseña as Acting Chair. RESULT:ADOPTED \[UNANIMOUS\] MOVER:Jeffrey McConnell, Commissioner SECONDER:David Alaniz, Commissioner AYES:TaraCeseña, Jeffrey McConnell, David Alaniz ABSENT:Edward A. Giroux, Jeremy Briggs City of Grand TerracePage 1 Packet Pg. 12 A.2 Minutes Grand Terrace Planning Commission/Site and Architectural Review Board June 18, 2020 APPROVAL OF AGENDA 1. Motion: Motion: June 18, 2020 Approval of Agenda RESULT: ADOPTED \[UNANIMOUS\] MOVER: Jeffrey McConnell, Commissioner SECONDER: David Alaniz, Commissioner AYES: Tara Ceseña, Jeffrey McConnell, David Alaniz ABSENT: Edward A. Giroux, Jeremy Briggs PUBLIC ADDRESS David Mlynarski, asked what options are available to an applicant who has followed all of the rules, filed applications, has been working with staff in a very cooperative manner, agreeing to expansion of notification radiuses and other public hearing type requests, in order to make hearings as broad ranging and as fair as possible. What does an applicant do when all they are seeking is an expeditious processing of its application? It appears the body is having difficulty in bringing an item forward. Mr. Mlynarski asked the City to get back to him and let him know if the body is unable to hold an expeditious hearing, and what options does an applicant have in order to do so. Bobbie Forbes, Grand Terrace asked everyone in the Council Chamber to use whatever power they have to help with the illegal fireworks in town. She asked the community to phone calls to the non-emergency number email to the City Clerk if an address is obtained. It is out of control this year and is only going to get worse in the next three weeks. rk on behalf of the community to bring in new business. She also thanked it for notifying the community and making all of its letters appropriate during this very difficult time. She appreciates the Planning Commission not rushing its decisions, taking its time, and Minutes Acceptance: Minutes of Jun 18, 2020 6:30 PM (CONSENT CALENDAR) making sure new business is right for the City. City of Grand Terrace Page 2 Packet Pg. 13 A.2 Minutes Grand Terrace Planning Commission/Site and Architectural Review Board June 18, 2020 A.CONSENT CALENDAR 2. Approval of Minutes Regular Meeting 05/21/2020 Robert Khuu, Assistant City Attorney conveyed that staff would like the Consent Calendar continued to a meeting when there is a full Commission available to have input. Commissioner McConnell moved, with a second from Commissioner Alaniz to continue the Consent Calendar to the next scheduled Planning Commission meeting. RESULT: ADOPTED \[UNANIMOUS\] MOVER: Jeffrey McConnell, Commissioner SECONDER: David Alaniz, Commissioner AYES: Tara Ceseña, Jeffrey McConnell, David Alaniz ABSENT: Edward A. Giroux, Jeremy Briggs B.ACTION ITEMS None. C.PUBLIC HEARINGS 1. Conditional Use Permit 19-01, Site and Architectural Review 19-03 and Environmental 19-05; a Proposal to Establish a Trailer/Container Storage Facility, Located 520 Feet from Vivienda Avenue and South of the Santa Ana River Tail (APN's: 0275-191-06 and 0275-191-30) (Continued from 5-21-2020) Due to lack of a quorum, this public hearing did not move forward. RESULT: NO ACTION TAKEN Minutes Acceptance: Minutes of Jun 18, 2020 6:30 PM (CONSENT CALENDAR) D.PRESENTATIONS Non-Conforming Uses and Buildings Update Presented by Haide Aguirre, Assistant Planner Steve Weiss, Planning & Development Services Director explained that this item was requested by the entirety of the Planning Commission. As two (2) members are absent, staff requested that the item be continued. City of Grand Terrace Page 3 Packet Pg. 14 A.2 Minutes Grand Terrace Planning Commission/Site and Architectural Review Board June 18, 2020 Commissioner Alaniz moved, with a second from Commissioner McConnell to move the presentation to the next scheduled Planning Commission meeting. RESULT: ADOPTED \[UNANIMOUS\] MOVER: Jeffrey McConnell, Commissioner SECONDER: David Alaniz, Commissioner AYES: Tara Ceseña, Jeffrey McConnell, David Alaniz ABSENT: Edward A. Giroux, Jeremy Briggs E. INFORMATION TO COMMISSIONERS None. F. INFORMATION FROM COMMISSIONERS Commissioner McConne Commissioner Alaniz thanked the residents who came out and apologized that they were not able to hear Agenda Item C.1. Acting Chair Ceseña also thanked the residents who came out to hear Agenda Item C.1. Assistant City Attorney Khuu explained to the residents that due to the lack of a quorum because Commissioner McConnell has a conflict of interest on Agenda Item C.1, there would only be two (2) commissioners that could act on the item tonight. ADJOURN Adjourn to the next scheduled meeting of the Planning Commission/Site and Minutes Acceptance: Minutes of Jun 18, 2020 6:30 PM (CONSENT CALENDAR) Architectural Review Board to be held on July 9, 2020 at 6:30 p.m. _________________________________ _________________________________ Tara Ceseña, Acting Chair Debra L. Thomas, City Clerk City of Grand Terrace Page 4 Packet Pg. 15 C.1 AGENDA REPORT MEETING DATE:July 16, 2020 TITLE:Conditional Use Permit 19-01, Site and Architectural Review 19-03 and Environmental 19-05; a Proposal to Establish a Trailer/Container Storage Facility, Located 520 Feet from Vivienda Avenue and Southof the Santa Ana River Tail (APN's: 0275-191-06 and 0275-191-30) (Continued from 5- 21-2020 and 6-18-2020) PRESENTED BY:Steven Weiss, Planning & Development Services Director RECOMMENDATION:Conduct a public hearing; and 2)Consider Adoption of A RESOLUTION OF THE PLANNING COMMISSION/SITE AND ARCHITECTURAL REVIEW BOARD OF THE CITY OF GRAND TERRACE, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION (ENVIRONMENTAL 19-05) PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND APPROVING CONDITIONAL USE PERMIT 19-01 AND SITE AND ARCHITECTURAL REVIEW 19-03 TO DEVELOP A TRAILER/CONTAINER STORAGE FACILITY FOR A MAXIMUM OF 650 PARKING SPACES FOR EMPTY SEMI-TRAILERS, SHIPPING AND STORAGE CONTAINERS, AND CHASSIS USE ON A 21.92-ACRE EL NUMBERS \[APNs\] 0275- 191-06 AND 0275-191-30 IS CURRENTLY UNDEVELOPED AND IS LOCATED APPROXIMATELY 520 FEET NORTH OF VIVIENDA AVENUE AND SOUTH OF THE SANTA ANA RIVER TRAIL IN THE NORTHWESTERN PORTION OF THE CITY 2030 VISION STATEMENT: This item supports Goal 3 to Promote Economic Development by establishing a use that is consistent with the Industrial Zoning District designation. BACKGROUND: On Thursday, May 21, 2020, the Planning Commission held a public hearing on Conditional Use Permit (CUP 19-01), Site and Architectural Review (SA 19-03, filed by -1, Inc. (Applicant), and a Draft Mitigated Negative Declaration proposing to develop a trailer/container storage facility located approximately 520 feet north of Vivienda Avenue and south of the Santa Ana River Trail in the northwestern Packet Pg. 16 C.1 portion of the City, zoned M2-Industrial with an AG-2-Overlay District and FP-Floodplain Overlay District (Project). The May 21, 2020 Planning Commission Staff Report is attached for reference. The project will provide a maximum of 650 parking spaces on 21.92 acres for semi- trailers, shipping and storage containers, and chassis. The Project description includes the future construction of a trailer/office and a light maintenance building, both will be subject to an administrative conditional use permit review application. All traffic to/from the site will be routed from Barton Road (from either La Cadena Drive or the I- 215/Barton Road Interchange) onto North Terrace Avenue to the project site. During the Public Hearing held on May 21, 2020, the Planning Commission, and the public raised questions about the Project. The Planning Commission then continued the project to its meeting of June 18, 2020, but the meeting was cancelled due to lack of quorum. Responses and clarifications to the questions have been included in the ANALYSIS: The Planning Commission has the authority to approve the proposed entitlement, as submitted for its consideration at the May 21, 2020, meeting, proposing to develop a trailer/container storage, subject to future administrative review and approval by the City for the office and light maintenance building. The report, and attachments (as amended and clarified below) from May 21, 2020, meeting are attached to this report. Further, during the May 21, 2020, meeting there were questions and comments relating to this Project. The Responses to those questions and comments are included in Table attached to this report. Further, the following conditions of approval have been modified: from 6:00 a.m. to 10:00 p.m. and a total of twelve employees. No business activities United States Occupational safety and Health Administration (OSHA) to permit an 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 Condition of Approval No. 16 will be deleted and addressed in the Community Benefits Agreement. Packet Pg. 17 C.1 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. Condition 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. 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. ENVIRONMENTAL REVIEW: 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, the City intends to adopt a Mitigated Negative Declaration. 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. PUBLIC NOTICE: The public hearing notice was published in the Grand Terrace City News, posted in three public places, and mailed to property owners within a 1,500-foot radius of the site. Fourteen comments were received at the public hearing held on May 21, 2020. As a courtesy, even though there is no requirement to publish, post and mail a public hearing notice for a continued item to a date certain. there was concern raised by the public and the Planning Commission at the May 21, 2020, because of COVID-19 attendance restrictions, that notice lacked clear information whether the public had an adequate opportunity to physically attend or provide comment or phone in. On June 4, 2020, a subsequent public hearing notice was posted in the Grand Terrace City News and mailed to property owners describing the date of the continued hearing to June 18, 2020 with COVID restriction and instructions for comment or speaking. As of the preparation of this staff report, the Council Chambers was still closed to the public and Packet Pg. 18 C.1 the public hearing was cancelled for lack of quorum. For the July 16, 2020 Planning Commission, Public Hearing notices have again been sent to residents and property owners within 1,500 feet from the project site. Notice and publication were also posted on the City website and the community posting boards and published in the newspaper. A complete copy of the staff report and environmental determination is available on the City Website at: https://www.grandterraceca.gov/departments/planning_development_services As of the posting of this agenda, thirteen additional comments have been received. RECOMMENDATION: Staff recommends the Planning Commission considers adoption of the attached Resolution approving the project. ATTACHMENTS: Resolution_Trailer Container Storage Facility (DOCX) Exhibits to the Resolution (PDF) Responses to Comments and Questions (DOCX) Landscape Enhancement Exhibit (PDF) 17164 truck trailer storage site plan rev 2 (PDF) 05-21-2020 PC Cont SR (PDF) NOI Commnets from Colton and Responses (PDF) Asphalt Grindings RAP (Recycled Asphalt Pavement Info.) (PDF) APPROVALS: Steven Weiss Completed 07/08/2020 1:59 PM Robert Khuu Completed 07/08/2020 2:54 PM Steven Weiss Completed 07/08/2020 2:58 PM Planning Commission/Site And Architectural Review Board Pending 07/16/2020 6:30 PM Packet Pg. 19 C.1.a RESOLUTION NO. 2020-XX A RESOLUTION OF THE PLANNING COMMISSION/SITE AND ARCHITECTURAL REVIEW BOARD OF THE CITY OF GRAND TERRACE, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION (ENVIRONMENTAL 19-05) PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND APPROVING CONDITIONAL USE PERMIT 19-01 AND SITE AND ARCHITECTURAL REVIEW 19- 03 TO DEVELOP A TRAILER/CONTAINER STORAGE FACILITY FOR A MAXIMUM OF 650 PARKING SPACES FOR EMPTY SEMI-TRAILERS, SHIPPING AND STORAGE CONTAINERS, AND CHASSIS USE ON A 21.92-ACRE SITE -191-06 AND 0275-191-30 IS CURRENTLY UNDEVELOPED AND IS LOCATED APPROXIMATELY 520 FEET NORTH OF VIVIENDA AVENUE AND SOUTH OF THE SANTA ANA RIVER TRAIL IN THE NORTHWESTERN PORTION OF THE CITY WHEREAS, the Applicant, Grand T- develop a trailer/container storage facility (Project). The Project will provide a maximum of 650 parking spaces for semi-trailers, shipping and storage containers, and chassis located approximately 520 feet north of Vivienda Avenue and south of the Santa Ana River trail in the northwestern portion of the City; and WHEREAS, the site is zoned M2-Industrial within the AG-2 Overlay District, and the FP-Floodplain Overlay District; and WHEREAS, 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, the City intends to adopt a Mitigated Negative Declaration. 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; and WHEREAS, on May 21, 2020, the Planning Commission conducted a duly noticed public hearing on the Project at the Grand Terrace Council Chambers located at 22795 Barton Road, Grand Terrace, California 92313; and the Commission continued the th Project to the June 18, 2020, Planning Commission meeting; and WHEREAS, on June 18, 2020, the Planning Commission public hearing was cancelled due to lack of quorum; and WHEREAS, on July 16, 2020, the Planning Commission conducted a public hearing on the Project at the Grand Terrace Council Chambers located at 22795 Barton Attachment: Resolution_Trailer Container Storage Facility \[Revision 2\] (CUP 19-01, SA 19-03 and E 19-05) Road, Grand Terrace, California 92313; and WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred. Packet Pg. 20 C.1.a NOW THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Grand Terrace: 1. The recitals set forth above are true and correct and incorporated herein by this reference. 2. 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) under Mitigated Negative Declaration (Environmental 19-05) related to: Biological, Cultural, and Tribal Cultural Resources, and Geology/Soils. The Project site is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations, the proposed site is located within city limits measuring no more than five acres substantially surrounded by urban uses, the Project site has no value as habitat for endangered, rare or threatened species, the approval of the Project would not result in any significant effects relating to traffic, noise, air quality, or water quality, and the site can be adequately served by all required utilities and public services. 3. Based upon all oral and written comments and reports and presentations made by City staff and members of the public, including any, attachments and exhibits, the Planning Commission/Site and Architectural Review Board finds as follows with respect Conditional Use Permit 19-01: a. 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. b. The proposed use will not be injurious to property or improvements in the Attachment: Resolution_Trailer Container Storage Facility \[Revision 2\] (CUP 19-01, SA 19-03 and E 19-05) neighborhood or within the city. The proposal does not include any site improvements at this time; however, the proposed use will be compliant with applicable Grand Terrace Municipal Codes and standards established by the underlying zoning and overlay districts. The Project has been Packet Pg. 21 C.1.a conditioned to obtain a legal access easements from adjacent property owners including the site improvements required by the San Bernardino County Fire, Riverside Highland Water improvements, and prior to obtaining a Certificate of Occupancy, and initiating any activities on site. 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 Project is consistent with the intended land uses of the City and the Municipal Code. 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. 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. As provided below, 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. c. The use is consistent with the Industrial zoning designation and compatible with other surrounding uses. d. Conditions necessary to secure the purposes of the Grand Terrace Municipal Code and General Plan have been applied to the Project. 4. Based upon all oral and written comments and reports and presentations made by City staff and members of the public, including any, attachments and exhibits, the Planning Commission/Site and Architectural Review Board finds as follows with respect to Site and Architectural Review 19-03: a. 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 Land Use Element to provide for a mix of industrial land uses designed to generate employment opportunities while promoting non-polluting industry within the present land use pattern. The Project is consistent with the Circulation Element Attachment: Resolution_Trailer Container Storage Facility \[Revision 2\] (CUP 19-01, SA 19-03 and E 19-05) 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 place Packet Pg. 22 C.1.a at Vivienda Avenue and Walnut Avenue to keep traffic away from the residential neighborhoods. The Project will comply with the Noise Element which goal is to protect the residents from excessive noise. The site will be utilized for storage and light maintenance and inspections; therefore, the Project will not cause significant noise impacts to adjacent neighborhoods. In compliance with the Open Space and Conservation Element, the Applicant has prepared a Water Quality Management Plan and a Preliminary Soils Engineering Investigation Report. The Project complies with the Municipal Code, M2-Industrial Zoning which supports various manufacturing and industrial uses to operate free of overly excessive noise, dust, odor or other nuisances and can be made compatible to other (nonindustrial) district. The proposed truck storage facility is consistent with the zoning designation and will not create significant impacts to the adjacent uses. The site will be developed in compliance with the Municipal Code, Floodplain requirements and subject to the regulation of the review and approval of the Federal emergency Management Agency (FEMA). b. The location and configuration of the development plan 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. 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 structures for future development will be reviewed with an Administrative Conditional Use Review Application and will be compliant with the general architectural guidelines for all development established by the M2-Industrial and Flooding Zoning. 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 Applicant is proposing landscape on the west side of the property, along Vivienda Avenue and perimeter fencing covered with vines. The streetscape will include drought tolerant planting and trees compliant with the Municipal Code requirements and with the most recent Model Water Efficient Landscape Ordinance by the State of California. Overall, the landscaping and open spaces will be visually pleasing, harmonious within the Agricultural-2 Overlay zoning and provide functionality for the community. The Project also includes improvements Attachment: Resolution_Trailer Container Storage Facility \[Revision 2\] (CUP 19-01, SA 19-03 and E 19-05) 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. Packet Pg. 23 C.1.a 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. 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. 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. BE IT FURTHER RESOLVED that, based on the forgoing, upon all oral and written comments and reports and presentations made by City staff and members of the public, including any, attachments and exhibits, Environmental 19-05, Conditional Use Permit 19-01, and Site and Architectural Review 19-03 are hereby approved subject to the following conditions: 1. Conditional Use Permit 19-01 is approved to conduct truck trailer storage of empty trailers on a 21-acre property located approximately 520 feet north of Vivienda Avenue and south of the Santa Ana River trail in the northwestern portion of the city. This approval is granted based on the application materials submitted by GT- received March 3, 2020. This approval includes development of a trailer/container storage facility. The Project will provide a maximum of 650 parking spaces for semi-trailers, shipping and storage containers, and chassis. The application materials are approved as submitted and conditioned herein and shall not be further altered except as modified by these conditions of approval and mitigation measures, and unless reviewed and approved by the affected departments. 2. Prior to issuance of a certificate of use and occupancy, the Applicant has voluntarily agreed to and shall enter into a Community Benefit Agreement (CBA) with the City, subject to City Attorney approval as to form, in which the Applicant will pay for and provide certain community amenities to the City. For the purposes of the CBA, such community amenities shall include, but not be limited to, a Community Garden located on a portion of the property with raised community garden beds and a grove of fruit trees and related improvements, including, but not limited to, the provision of water to such garden and access road improvements; a pedestrian trail connection to the Santa Ana River Trail with an ornate sign and related improvements, including, but not limited to, access road Attachment: Resolution_Trailer Container Storage Facility \[Revision 2\] (CUP 19-01, SA 19-03 and E 19-05) improvements; a teaching amphitheater at the Grand Terrace Fitness Park (located at 21937 Grand Terrace Road, Grand Terrace, CA 92313) and related improvements; and a monetary donation for future City streets maintenance in an Packet Pg. 24 C.1.a amount to be provided in aCommunity Benefit Agreement for City Council consideration and approval. 3. 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. th 4. If not appealed, this approval shall become effective on the eleventh (11) day thth following such eleventh (11) day when the eleventh (11) 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 of the Zoning Code. Time extensions shall be filed at least sixty (60) days prior to the expiration date. 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 an application and the required fee consistent with the Grand Terrace Municipal Code. 6. The Applicant shall defend, indemnify, and hold harmless the City of Grand Terrace and its officers, employees, and agents from and against any claim, action, or proceeding against the City of Grand Terrace, its officers, employees, or agents to attack, set aside, void, or annul any approval or condition of approval of the City of Grand Terrace concerning this Project, including but not limited to any approval or condition of approval of the Planning Commission, or Planning and Development Services Director. The City shall promptly notify the Applicant of any claim, action, or proceeding concerning the Project and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officers, employees, and agents in the defense of the matter. 7. Upon approval of these conditions and prior to becoming final and binding, the content shall be prepared by the Planning and Development Services Department. 8. Under no condition shall there be stockpiling of material prior to the issuance of the first grading permit and related conditions of approval for the grading permit. Attachment: Resolution_Trailer Container Storage Facility \[Revision 2\] (CUP 19-01, SA 19-03 and E 19-05) 9. If exhibits, and written conditions are inconsistent, the written conditions shall prevail. Packet Pg. 25 C.1.a 10.The Applicant or authorized agent shall apply to the United States Occupational Safety and Health Administration (OSHA) to permit an alternative to back up se 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 11. Heavy maintenance of trailers shall be strictly prohibited. 12. Operational activities associated with the Project shall comply with the regulations Code. 13. The Applicant shall comply with all applicable Federal, State, County and Local Codes, at all times. 14. The Applicant shall obtain legal and physical access across adjacent properties to the public roadway, which may include Railroad Access Road or utilize the enda Avenue, and shall include access rights for the City for the purpose of allowing access for all City vehicles, including police, fire, and other emergency vehicles. The document(s) recording the road access easement shall be prepared by the Applicant for review and approval by the City Engineer prior to recordation. The Vivienda Avenue legal access improvements shall be determined and reviewed by the City Engineer. 15. Access rights shall be granted to the City for the purpose of allowing access over private drives within the development for all City vehicles, including police, fire, and other emergency vehicles. The document(s) recording this access shall be prepared by the Applicant for review and approval by the City Engineer, prior to recordation. 16. Prior to the issuance of a grading permit, the Applicant shall obtain written legal and physical access rights, by way of easement(s) or other similar document(s), (i) from Southern California Edison for Project activities, including, but not limited to, construction, use, access, trailer storage, and related activities; (ii) from Southern California Edison for all activities associated with the Community Garden, including, but not limited to, construction and maintenance thereof by the Applicant and City, and use and access thereof by the public and the City; (iii) from San Bernardino County Flood Control District for a pedestrian trail connection to the Santa Ana River Trail and related activities, including, but not limited to, construction and maintenance thereof by the Applicant and City, and use and access thereof by the public and the City, and construction and maintenance of Attachment: Resolution_Trailer Container Storage Facility \[Revision 2\] (CUP 19-01, SA 19-03 and E 19-05) any related signage by the Applicant and City; and (iv) from Burlington Northern Santa Fe Railroad for the purpose legal and physical access across adjacent properties to the public roadway pursuant to Conditions 11 and 12. Such easement(s) or other similar document(s) permission contemplated by this Packet Pg. 26 C.1.a Condition 13 shall be subject to review and approval by the City Engineer and shall be recorded with the San Bernardino County Assessor-Recorder- office 17. Division and shall be renewed annually for as long as the business remains in operation 18. 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 1. 19. The Applicant shall comply with all requirements of the City of Grand Terrace Public Works Director, including the conditions of approval contained in the 20. 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 Comment dated October 07, 2019, attached hereto as Exhibit 3. 21. Prior to the issuance of a Certificate of Occupancy by the Building and Safety Division, the Applicant shall provide a will service letter and obtain all requisite permits and clearances from Riverside Highland Water Company (RHWCO). 22. Prior to obtaining clearances form the San Bernardino County Fire Department, Office of the Fire Marshal Community Safety Division and clearances from the Riverside Highland Water Company (RHWCO) shall be completed. 23. Prior to the issuance of building permits, the Applicant shall obtain all clearances from Burrtec for trash collection services. 24. 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. 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 Attachment: Resolution_Trailer Container Storage Facility \[Revision 2\] (CUP 19-01, SA 19-03 and E 19-05) use begins operating. Packet Pg. 27 C.1.a 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. 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). 29. The trash enclosure shall be no less than six feet in height, constructed of decorative block walls, with solid metal gates attached to posts, embedded in concrete. 30. The Applicant shall comply with the Mitigation Measures included on the Mitigation Monitoring and Reporting Program Checklist of the Initial Study dated March 2020, attached hereto as Exhibit 4. a. Biological Resources, BIO-1 b. Cultural Resources, CUL-1 c. Geology and Soils, GEO-1 d. Hydrology and Water Quality, SC HYD-1, 2, & 3 e. Tribal Cultural Resources, TRC-1 31. The Applicant shall comply with the following Hydrology and Water Quality Conditions included on the Initial Study: SC HYD-1: Prior to the issuance of a grading permit, the Project Applicant shall file and obtain a Notice of Intent (NOI) with the Regional Water Quality Control Board (RWQCB) in order to be in compliance with the State National Pollutant Discharge Elimination System (NPDES) General Construction Storm Water Permit for discharge of surface runoff associated with construction activities. Evidence Number) shall be submitted to the City of Grand Terrace for coverage under the NPDES General Construction Permit. The NOI shall address the potential for an extended and discontinuous construction period based on funding availability. This measure shall be implemented to the satisfaction of the Director of the City Engineering Division of the Public Works Department or designee. SC HYD-2: Prior to the issuance of a grading permit, the Project Applicant shall Attachment: Resolution_Trailer Container Storage Facility \[Revision 2\] (CUP 19-01, SA 19-03 and E 19-05) submit to the City of Grand Terrace a Storm Water Pollution Prevention Plan (SWPPP). The SWPPP shall include a surface water control plan and erosion control plan citing specific measures to control onsite and offsite erosion during the entire grading and construction period. In addition, the SWPPP shall Packet Pg. 28 C.1.a emphasize structural and nonstructural Best Management Practices (BMPs) to control sediment and nonvisible discharges from the site. The SWPPP shall include inspection forms for routine monitoring of the site during both the grading and construction phases to ensure National Pollutant Discharge Elimination System (NPDES) compliance and that additional BMPs and erosion control measures will be documented in the SWPPP and utilized if necessary. The SWPPP shall address the potential for an extended and discontinuous construction period based on funding availability. The SWPPP shall be kept on site for the entire duration of Project construction and shall be available to the local RWQCB for inspection at any time. BMPs to be implemented may include the following: Sediment discharges from the site may be controlled by the following: sandbags, silt fences, straw wattles and temporary basins (if deemed necessary), and other discharge control devices. The construction and condition of the BMPs shall be periodically inspected during construction, and repairs shall be made when necessary as required by the SWPPP. Materials that have the potential to contribute to nonvisible pollutants to storm water must not be placed in drainage ways and must be contained, elevated, and placed in temporary storage containment areas. All loose piles of soil, silt, clay, sand, debris, and other earthen material shall be protected in a reasonable manner to eliminate any discharge from the site. Stockpiles shall be surrounded by silt fences and covered with plastic tarps. In addition, the construction contractor shall be responsible for performing and documenting the application of BMPs identified in the SWPPP. Weekly inspections shall be performed on sandbag barriers and other sediment control measures called for in the SWPPP. Monthly reports and inspection logs shall be maintained by the contractor and reviewed by the City of Grand Terrace and the representatives of the State Water Resources Control Board. In the event that it is not feasible to implement specific BMPs, the City of Grand Terrace can make a determination that other BMPs will provide equivalent or superior treatment either on or off site. This measure shall be implemented to the satisfaction of the Director of the City of Grand Terrace Engineering Division of the Public Works Department or his/her designee. SC HYD-3: Prior to issuance of a grading permit, the Project Applicant shall submit evidence to the City that the Low Impact Development (LID) Best Management Practices (BMPs) specified in the Final Water Quality Management Plan (Preliminary WQMP) approved by the City of Grand Terrace shall be written into Attachment: Resolution_Trailer Container Storage Facility \[Revision 2\] (CUP 19-01, SA 19-03 and E 19-05) the grading and development plans submitted to the City for review and approval to manage water quality and hydrologic effects of the proposed Project. Specifically, the LID BMPs shall be implemented to ensure the Project meets or exceeds the minimum design capture volume of the site. Packet Pg. 29 C.1.a Periodic maintenance of LID BMPs during Project occupancy and operation shall be in accordance with the schedule outlined in the Final WQMP. This measure shall be implemented to the satisfaction of the Director of the City Engineering Division of the Public Works Department or designee. 32. Prior to the issuance of a certificate of Use and Occupancy, the Applicant shall submit three (3) copies of landscape and irrigation plan to the Planning and Development Services Department for review and approval. The landscape and Landscape Ordinance (Chapter 15.56) Landscaping Standards contained in Chapter 18.60 of the Zoning Code, in compliance with the most recent version of the State Model Ordinance, and the Landscape Enhancement Exhibit, which is attached hereto as Exhibit 5. The plans shall demonstrate the following: a. The proposed parkway trees shall comply with the list of approved trees contained on Chapter 12.28 Street and Parkway Trees of the Municipal Code. b. Ensure that proposed plant material, at maturity, will maintain clear line 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. Irrigation shall be located along the vines fencing along the north, west, and south perimeter of the property. Vines planting material shall be a minimum 15-gallon. f. The south privacy fence located between the future Community Garden and the business parking area shall be planted with vines and irrigated. g. The proposed landscape shall incorporate a drip irrigation system. h. Irrigation shall be included in the raised Community Garden beds and the community fruit tree grove. i. A water spigot shall be located at the future Community Garden area. j. Include a legend: type of species, including common and scientific name of the planting, size, landscape percentage. k. All trees shall be a minimum size of 15-gallon, having a minimum height of eight feet at the time of planting. l. Shrubs shall be a minimum of 1-gallon size at the time of planting. m. Ground cover shall be healthy, dense foliage, and well routed cuttings, or one-gallon container plants. n. The spacing of trees and shrubs shall be appropriate for the species used. o. Twenty percent of planting material shall be pollinating plants. Attachment: Resolution_Trailer Container Storage Facility \[Revision 2\] (CUP 19-01, SA 19-03 and E 19-05) p. Approval must be obtained for removal of all trees having a trunk diameter of 10 inches or more measured 48 inches above existing grade. q. Submit an initial deposit of $2,000 deposit for landscape plan check review. Packet Pg. 30 C.1.a 33.The proposed storage shed, and shade shelters, size, style, and location shall be reviewed and approved by the Planning and Development Services Department prior to construction. 34. Proposed lighting shall not produce any glare onto adjoining properties and shall be shielded as may be required. Lighting shall not exceed eighteen feet in height from the finished grade and shall be designed to reflect away from residential district and public roadways. A photometric plan shall be included in the construction plans for review. 35. Prior to the construction of perimeter fencing on shared property lines, the Applicant shall submit a Fence/Wall Agreement signed by the adjacent property owners. 36. The Applicant shall comply with the California Restricted Materials Requirements by the State of California Department of Pesticide Regulation for Ground Water Protection Area. Prior to initiating trailer storage and prior to obtaining a Certificate of Occupancy by the Building and Safety Division. Copies of such clearances shall be provided to the Planning and Development Services Department and the Building and Safety Division. 37. The Applicant shall comply with the National Pollutant Discharge Elimination System (NPDES). 38. The proposed 900 square foot office trailer and 4,800 square foot maintenance building for future development, shall be reviewed and approved through an Administrative Conditional Use Permit. The Applicant shall obtain easement holder clearances prior to the construction of any structures located within any easement. 39. 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 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. 40. Any future 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. Attachment: Resolution_Trailer Container Storage Facility \[Revision 2\] (CUP 19-01, SA 19-03 and E 19-05) 41. Any future changes in on-site activities shall require submittal, review, and approval of a modified conditional use permit. Packet Pg. 31 C.1.a 42.Any future development on the site,including alterations, conversions, remodels, and new structures shall require compliance with the Municipal Code and the Floodplain Ordinance. 43. All ground mounted equipment, including backflow devices, shall be screened in a manner that does not impede traffic visibility. 44. The Applicant shall be responsible for regular and ongoing upkeep and maintenance of the site. 45. All contractors shall acquire a valid City business license and be in compliance with all City codes. 46. 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. 47. The Applicant shall complete and carry out, as applicable, all community amenities identified in the Community Benefit Agreement (CBA) and as provided in Condition 2 within the timeframes identified in the CBA. 48. The Applicant shall obtain a sign permit prior to the installation of any business signs. 49. 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 Director prior to the issuance of a certificate of use and occupancy. PASSED AND ADOPTED by the Planning Commission of the City of Grand Terrace, th California, at a regular meeting and public hearing held on the 16 day of July 2020. AYES: NOES: ABSENT: ABSTAIN: Attachment: Resolution_Trailer Container Storage Facility \[Revision 2\] (CUP 19-01, SA 19-03 and E 19-05) RECUSE: Chairman Giroux Commissioner McConnell Packet Pg. 32 C.1.a ATTEST: __________________________ __________________________ Steven A. Weiss Jeremy Briggs Planning Development Services Acting Chairman Director STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) CITY OF GRAND TERRACE ) I Steven Weiss of the CITY OF GRAND TERRACE, CALIFORNIA, DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 2020-XX was duly passed, approved and adopted by the Planning Commission, approved and signed by the Chairman, and attested by the Planning and Development Services Director, at the th regular meeting of said Planning Commission held on the 16 day of July, 2020, and that the same was passed and adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: RECUSE: Chairman Giroux Commissioner McConnell th Executed this 16 day of July 2020, at Grand Terrace, California. Attachment: Resolution_Trailer Container Storage Facility \[Revision 2\] (CUP 19-01, SA 19-03 and E 19-05) ___________________________ Steven A. Weiss, AICP Planning and Development Services Director Packet Pg. 33 C.1.b Building and Safety Conditions of Approval Date: March 18, 2020 File No:Conditional Use Permit 19-01 Applicant: GrandT-1 Inc., represented by Patrick O’ Brien Address of Applicant:1040S.Mt. Vernon Ave., Suite G-285 Colton, CA 92324 APN: 0275-191-06 & 30 Provide four (4)sets of construction plans and documentation for plan review of the proposed project. Below you will find a list of the plans and documents Building and Safety will need forplan review. The initialplan review will take approximately two weeks on most projects. Provide the following sets of plans and documents. Building and Safety submittalrequired at first plan review. (4)Architectural Plans (4)Structural Plans (2)Structural Calculations (4)Plot/Site Plans (4)Electrical Plans (4)ElectricalLoad Calculations (4) Plumbing Plans/Isometrics, Water, Sewer and Gas (4)Mechanical Plans (4)Mechanical Duct Layout Plans (2)Roof and Floor Truss Plans if applicable (2)Title 24 Energy Calculations Attachment: Exhibits to the Resolution (CUP 19-01, SA 19-03 and E 19-05) (4)Rough and Precise Grading Plans (2)Water QualityManagement Plan, (WQMP) and Erosion Control Plan. (2)Stormwater Pollution Prevention Plan(SWPPP) (2)Best Management Plan (BMP) Packet Pg. 34 C.1.b Building and Safety Conditions of Approval Building & Safety General Information All structures shall be designed in accordance with the currently adopted building codesby the State of Californiaand City of Grand Terrace Municipal Code as adoptedat time of plan submittal.Note if a new code has been adopted priorto the submittal, then all structures shall be designed to the current model code year. TheDeveloper/Owner is responsible for the coordination of the final occupancy. The Developer/Owner shall obtain clearances from each department and division prior to requesting a final building inspection from Building & Safety. Each agency shall signthe bottom of theJob Cardor Certificate of Occupancy Clearance Form. Building & Safety inspection requests can be made twenty-four(24) hours in advance for next day inspection. Please contact 909-825-3825. You may also request inspections at the Building &Safetycounter. All construction sites must be protected by a security fenceand screening. The fencing and screening shall be maintained at all times to protect pedestrians. Temporary toilet facilities shall be provided for construction workers.The toilet facilities shall be maintained in a sanitary condition. Construction toilet facilities of the non sewer type shall conform toANSI ZA.3. Construction projects which require temporary electrical power shall obtain an Electrical Permit fromBuilding& Safety. No temporary electrical power will be granted to a project unless one of the following items isin place and approved by Building & Safety and the Planning Division. (A)Installation of a construction trailer, or, (B)Security fenced area where the electrical power will be located. Installation of construction/salestrailers must be located on private property. No trailers Attachment: Exhibits to the Resolution (CUP 19-01, SA 19-03 and E 19-05) can be located in the public street right of way. S eparate plan submittals and permits are required for all accessory structuresincluding but not limited topatios, block walls, storage buildings, community playgrounds, etc. Pursuant to the California Business and Professions Code Section 6735, most projects are required to be designed by a California Licensed Architect or Engineer. The project owner or developer should review the section of the California Codes and comply with the regulation. Packet Pg. 35 C.1.b Building and Safety Conditions of Approval Building & SafetyConditions 1.Prior to theissuance of a building permit, the applicant shall pay all DevelopmentImprovement Fee’s tothe City; this alsoincludesschool fees and outside agency feesincluding but not limited to Colton Wastewater, Riverside-HighlandWaterCo.and utilities. Copies of receipts shall be provided to Building & Safety priorto permit issuance. 2.All on site utilities shall be underground to the new proposed structureunless prior approval has been obtained by the utility company or the City. 3.Prior to issuanceof Building Permits, on site water service shall be installed andapprovedby the responsible agency. On site fire hydrants shall be approved by the Fire Department. No flammable materialswill be allowed on the site until the fire hydrants areinstalledand approved. 4.Prior to issuance of building permits, site gradingcertification and pad certifications shall be submitted to Building & Safety.Prior to concrete placement, submit a certification for the finish floor elevation and setbacksof the structures. The certification needs to reflect that the structureis in conformancewith the Precise Grading Plans. Compaction reports shall accompany pad certifications.The certifications are required to be signed by the engineer of record. 5.Prior to issuance of building permits, provide Building & Safety with a will serviceletter from Riverside Highland Water District. 6.All construction projectsshall comply with the National Pollutant Discharge Elimination Systems (NPDES), and the San Bernardino County MS-4 Storm Water Permit. 7.Provide civil engineering drawings fordedication of 15foot of right of way and Attachment: Exhibits to the Resolution (CUP 19-01, SA 19-03 and E 19-05) all public right of way improvementsincluding curb, gutter and half street width improvements. Civil engineering drawings and dedication shall be submitted to Public Worksto be checkedby the City Engineer and recorded with theCounty Recorder’s office before permits are issued. 8.Depending on the location of the curb and gutter, the utilities located in the public right of way in frontoftheproperty,along Michigan St., may need to be relocated.Pleasecontact Edison andthetelephone/cable company to determine the desired location for theutilities. Packet Pg. 36 C.1.b Building and Safety Conditions of Approval 9.Prior to building permit issuance,the applicant shall establish haul services for construction waste material with Burrtec to facilitate the recycling of all recoverable/recyclablematerial as mandated under the California Green Code and City of Grand Terrace Municipal Code. 10.The applicant shall submit acompletedConstruction & Demolition (C&D) WasteDiversion Program/ Waste Management Plan (WMP) form along with the required C&D deposit based per square footage of construction and/or demolitionprior to building permit issuance. 11.Project with new landscape areas of 500 square feetor more are subjectto the 2015 Model Water Efficient Landscape Ordinance (MWELO). Attachment: Exhibits to the Resolution (CUP 19-01, SA 19-03 and E 19-05) Packet Pg. 37 C.1.b Public Works Conditions Date: 5-13-20 Applicant:GrantT-1, Inc., represented by Patrick O’Brien Address of Applicant:3090 Pullman Street, Costa Mesa, Ca, 92626 Site Location: Terrace Avenue, approx. 385 feet north of Vivienda Ave Case # CUP 19-01, SAR 19-03, EA 19-05 Provide two (2) construction plans and required documentation for review of the proposed project. Below is a list of theplans and documentsPublic Works will need forplan review. The initial plan review will take approximately three weeks on most projects. You have received acase number:CUP 19-01for the proposed project, this number will be needed to obtain information regarding your plan review. Plan review fees and permit fees will be charged at the time plans are approved and are ready to issue. Provide the following sets of plans and documents. Public Works/Engineering submittalsrequired at first plan review. (1)Grant Deed showing all easements. (1)Water Plans. (4)Street improvement plans prepared by a licensed Civil Engineer. (4) Approved TentativePlan (4)Utility Plans (4)Sewer Plans (4) Grading Plans and Erosion Control Plan (2) Drainage Report and FinalWater Quality Management Plan, (WQMP) (2) Stormwater Pollution Prevention Plan All work performed in the public right of way shall comply with the San Bernardino County Public Works Standardsorstandards of the latest update of the Greenbook as approved by thePublic Works Attachment: Exhibits to the Resolution (CUP 19-01, SA 19-03 and E 19-05) Director or City Engineer. Public Works inspection requests can be made twenty-four (24) hours in advance for next day inspection. Please contact (909) 825-3825. You may also request inspections at the Building & Safety public counter. Installation of construction/sales trailers must be located on private property. No trailers, equipment or materialcan be inthe public street right of way. Packet Pg. 38 C.1.b Public Works Conditions 1.All proposed publicstreet improvements shall be designed by persons registered and licensed pursuant to the Business and Professions Codeand all street work will require a contactor licensed in the State of California and insured pursuant to the City’s insurance requirements. 2.The applicantshall dedicateright of wayand/or construct all missing or damaged public improvements.The missingor damaged public improvements shall include, but are not limited to, pavement, curb, gutter, sidewalk, driveway approach, and streetlights as directed by the Public Works Department. 3.Install centrally located concrete ornamental streetlights in the right of way and pay one-year energy cost for streetlights.Coordinate with Southern California Edison and the City of Grand Terracefor cost and locations. Streetlightsshall be LED type. 4.Provide half street width paving overlay after utility installations on the entire length of the project.Minimum 2-inchasphalt overlay with an asphalt grind. All grindings shall be recycled. 5.The Applicant shall submit proposed sewer plans to the City of Colton Wastewater Department and Public Works for plan review. Applicant shall pay all plan review fees and permit fees for the sewer review to the City of Coltonand Public Works. Please provide a written “Will Serve” letter and sewer plans to the City of Grand Terrace for approval before any permits are issued. 6.The applicant shall submit proposed water plans to the Riverside Highland Water Company and Public Works for plan review. Applicant shall pay all plan review fees and permit fees for the water review to Riverside Highland Water Companyand Public Works. Please provide a written “Will Serve” letter and plans to the Cityof Grand Terrace for approval before any permits are issued. 7.Applicant shall submit proposed water plans for fire hydrants to the Countyof San Bernardino Fire Department for plan review and approval. Applicant shall pay all plan review fees and permit fees for the fire hydrant system review to the County of San Bernardino Fire Department. 8.Provide additional 20 feet right of way dedication on Terrace Avenuewhich is classified as a Local Roadwith 60feet ultimate width the entire length of the property.Street improvements Attachment: Exhibits to the Resolution (CUP 19-01, SA 19-03 and E 19-05) will be required to extend beyond the frontage of the project to blend and taper the pavement for traffic and address street flows for drainage. Provide full width paving sectionandcurb, gutter, sidewalk, streetlights along project frontage and signage and striping per standard 104. 9.T ruck guide signs shall be posted at intersections and in the area around Terrace to keep truck traffic on Terrace and Barton Road as directed by the City Engineer. 10.The exhibit is showing a partial Knuckle, however, the access under the railroad is conditioned to be gated by another project so a full truck turning cul-de-sac will be neededper standard 120 or Riverside County standard 800. Packet Pg. 39 C.1.b 11.Terrace from southpropertyline to Walnut shall have a Paved Road Section perstandard 114a and a barrier on the west side at a grade difference offour feet or greater below the existing road grade. Type of barrier to be approved by City of Colton and Grand Terrace. 12.The curb returns and ramps on Terrace Aveshall be constructed per San Bernardino County Standard 110. The radius of these curbs shall be 50 feet. 13.Minimum driveway grades shall be consistent with San Bernardino CountyStandard131. Riverside County Standard driveway approach can also be used. 14.A truck haul permit shall be required if more than 50 cubic yards of earth is to be hauled on City Street. Additional conditions, such as truck route approval, traffic controls, bonding, and or street cleaning may be required by the City engineer. 15.The geotechnical report recommendations for on-and off-siteexcavation, compaction, slope stability and paving sections shall be submitted. The date ofthe report shall be placed on the title sheetsof the streetplans. 16.Monumentation: If any activity on this project will disturb anyland survey monuments, the disturbed monumnetation shall be located andreferenced by or under the direction of a licensed land surveyor or a registered civil engineer authorized to practice land surveying prior to commencement of any activity with the potential to disturb the monumnetation, and a corner record or record of survey of the references shall be filled with theCounty. 17.All construction projects shall comply with the National Pollutant Discharge Elimination Systems (NPDES)and the current San Bernardino County MS4 permit. 18.The subdivider shall protectdownstream propertiesfrom damages caused by alteration of the drainage patterns, i.e., concentration or diversion of flow. Protection shall be provided by constructing adequate drainage facilities including enlarging existing facilities and/or by securing a drainage easement.The subdivider shall provide mitigation measures to be incorporated into the development to prevent flooding of the site and downstream properties. The retention of the post-development runoff from the 100-yearevent shall be required as part of the drainage improvements for this project. Attachment: Exhibits to the Resolution (CUP 19-01, SA 19-03 and E 19-05) 19.The subdivider shall accept and properly disposeof all off-site drainage flowing onto or through the site. In the event the Public Works Department permits the use of streets for drainage purposes, the provisions of City/CountyOrdinance will apply. Packet Pg. 40 C.1.b San Bernardino County Fire Department Community Safety Division Plan Review Comments Date Reviewed:10/07/2019 Reviewed By:Mike Havens Project Type:Fire Planning/DRC Permit Number:FPLN-2019-00163 Project Name:GrandT-1 CUP 19-01 Project Description:Conditional Use Permit for an outdoors trailer storage yard. Location:0 VIVIENDA AVE GRAND TERRACE, CA 92313 APN:0275191060000 Dear Applicant, San Bernardino County Fire Department has completed review of the proposed project. Please see the FIRE COMMENTS attachment below. Redline Plans can be downloaded from the San Bernardino County EZ Online Permitting (EZOP) system at http://av-ezop.sbcounty.gov. Guidance on how to access and navigate the EZOP portal can be found at http://wp.sbcounty.gov/ezop/faqs/videos/. If you have any questions please contact County Fire at (909) 386-8400. Sincerely, The Office of the Fire Marshall Attachment: Exhibits to the Resolution (CUP 19-01, SA 19-03 and E 19-05) Community Safety Division San Bernardino County Fire Department Page 1 of 3 v.19.02.0 Packet Pg. 41 C.1.b Review Date:10/07/2019 Permit Number:FPLN-2019-00163 Location:0 VIVIENDA AVE GRAND TERRACE, CA 92313 APN:0275191060000 FIRE COMMENTS Access The development shall have a minimum of ____2____ points of vehicular access. These are for fire/emergency equipment access and for evacuation routes. a. Single Story Road Access Width. All buildings shall have access provided by approved roads, alleys and private drives with a minimum twenty-six (26) foot unobstructed width and vertically to fourteen (14) feet six (6) inches in height. Other recognized standards may be more restrictive by requiring wider access provisions. b. Multi-Story Road Access Width. Buildings three (3) stories in height or more shall have a minimum access of thirty (30) feet unobstructed width and vertically to fourteen (14) feet six (6) inches in height. Secondary Access Paved Prior to building permits being issued to any new structure, the secondary access road shall be paved or an all- weather surface and shall be installed as specified in the General Requirement conditions including width, vertical clearance and turnouts. Hydrant Marking Blue reflective pavement markers indicating fire hydrant locations shall be installed as specified by the Fire Department. In areas where snow removal occurs or non-paved roads exist, the blue reflective hydrant marker shall be posted on an approved post along the side of the road, no more than three (3) feet from the hydrant and at least six (6) feet high above the adjacent road. Standard W-2 ONSITE FIRE PROTECTION WATER SYSTEMS This standard establishes minimum requirements for installation and maintenance of all private fire hydrants and appliances related to an onsite fire protection system. Standard A-2 FIRE APPARATUS ACCESS ROAD DESIGNATION AND MARKING This standard applies to the marking of all Fire Department access roadways for new construction and development. Existing roadways identified as fire access roadways or otherwise required for emergency access shall also be marked per this standard. Standard A-1 FIRE APPARATUS ACCESS ROAD DESIGN, CONSTRUCTION AND MAINTENANCE This standard shall apply to the design, construction and maintenance of all new fire apparatus access roads within the jurisdiction, as well as fire apparatus access roads at existing facilities when applied at the discretion of the fire code official. Additional Requirements Attachment: Exhibits to the Resolution (CUP 19-01, SA 19-03 and E 19-05) In addition to the Fire requirements stated herein, other onsite and offsite improvements may be required which cannot be determined from tentative plans at this time and would have to be reviewed after more complete improvement plans and profiles have been submitted to this office. Fire Inspection will be required during Hydrant installation. 1.Indicate on Plans the Turning radius as required on Standard A-1 2.Fire lane to be 26 ft, indicate on plans on all drive aisles. 3.Resubmit Plans. Page 2 of 3 v.19.02.0 Packet Pg. 42 Grand Terrace Trailer/Container Storage Project City of Grand Terrace Appendix J – Mitigation Monitoring and Reporting Program MITIGATION MONITORING AND REPORTING PROGRAM CHECKLIST Project Name:Grand Terrace Trailer/Container Storage Project Applicant: GrandT-1, Date:March 2020 Verified Responsible for Timing of Date/ Mitigation Measure No. / Implementing Action Monitoring Verification Method of Verification Initials Biological Resources BIO-1 If project activities are planned during the Planning and Prior to issuance of Evidence the required pre- bird nesting season (February 1 to August Development grading, stockpiling construction survey has been 31), a nesting bird survey shall be conducted Services Director or or construction completed, and (as applicable), within three days (72 hours) prior to any Designeepermits.the establishment and ground-disturbing activities, including, but maintenance of appropriate not limited to demolition, clearing, buffers grubbing, and/or rough grading, to ensure birds protected under the Migratory Bird Treaty Act (MBTA) are not disturbed by on- site activities. Any such survey(s) shall be conducted by a qualified biologist. If no active nests are found, no additional actions related to this measure are required. If active nests are found, the nest locations shall be mapped by the biologist. The nesting bird species shall be documented and, to the degree feasible, the nesting stage (e.g., incubation of eggs, feeding of young, near fledging) determined. Based on the species present and surrounding habitat, a no-disturbance buffer shall be established around each active nest. The buffer shall be identified by a qualified biologist and confirmed by the City; non- raptor bird species nests shall be buffered at least 280 feet, while raptor nests shall be buffered at least 820 feet. No construction or ground disturbance activities shall be conducted within the buffer until the Mitigation Monitoring and Reporting Program Grand Terrace Trailer/Container Storage Project City of Grand Terrace Appendix J – Mitigation Monitoring and Reporting Program Project Name:Grand Terrace Trailer/Container Storage Project Applicant: GrandT-1, Date:March 2020 Verified Responsible for Timing of Date/ Mitigation Measure No. / Implementing Action Monitoring Verification Method of Verification Initials biologist has determined the nest is no longer active and has informed the City and construction supervisor that activities may resume. This measure shall be implemented to the satisfaction of the Planning and Development Director or designee. Cultural Resources CUL-1 Prior to issuance of grading permits, the Planning and Prior to issuance of Submittal of plans including the applicant shall provide evidence to the City Development grading or required language. that the following note is included on the Services Director or stockpiling permits. Evidence appropriate notification grading plans/documents:Designee of the SMBMI has been “In the event that cultural resources are completed (as required). discovered during project activities, all work Submittal of evidence that a in the immediate vicinity of the find (within Monitoring and Treatment Plan a 60-foot buffer) shall cease and a qualified has been developed (as required) archaeologist meeting Secretary of Interior for any previously undetected on- standards shall be hired to assess the find. site cultural resource and Work on the project outside of the buffered evidence that provisions of the area may continue during this assessment plan have been appropriately period. Additionally, the San Manuel Band completed. of Mission Indians Cultural Resources Department (SMBMI) shall be contacted, as detailed in Mitigation Measure TCR-1, regarding any pre-contactfinds and be provided information after the archaeologist makes his/her initial assessment of the nature of the find, so as to provide Tribal input with regard to significance and treatment. If significant pre-contact cultural resources, as defined by CEQA (as amended, 2019), are Mitigation Monitoring and Reporting Program Grand Terrace Trailer/Container Storage Project City of Grand Terrace Appendix J – Mitigation Monitoring and Reporting Program Project Name:Grand Terrace Trailer/Container Storage Project Applicant: GrandT-1, Date:March 2020 Verified Responsible for Timing of Date/ Mitigation Measure No. / Implementing Action Monitoring Verification Method of Verification Initials discovered and avoidance cannot be ensured, the archaeologist shall develop a Monitoring and Treatment Plan, the drafts of which shall be provided to SMBMI for review and comment, as detailed in Mitigation Measure TCR-1. The archaeologist shall monitor the remainder of the project and implement the Plan accordingly. If unanticipated human remains or funerary objects are encountered during any activities associated with the project, work in the immediate vicinity (within a 100-foot buffer of the find) shall cease and the County Coroner shall be contacted pursuant to State Health and Safety Code §7050.5 and that code enforced for the duration of the project.” Geology/Soils/Paleontology GEO-1 Prior to issuance of grading permits, the City Planning and Prior to issuance of Submittal of plans including the shall verify that the following note is Development grading or required language. included on the grading plans: Services Director or stockpiling permits. As warranted, evidence Designee “If paleontological resources are appropriate notification a encountered during the course of ground qualified paleontologist has been disturbance, work within 60 feet of the find contacted and appropriate shall be halted and an exclusionary buffer buffers have been established. shall be established. A paleontologist shall Submittal of evidence that any be contacted to assess the find for scientific previously undetected on-site significance. No ground-disturbing activity paleontological resource has within the 60-foot exclusionary buffer may occur without the consent of the Mitigation Monitoring and Reporting Program Grand Terrace Trailer/Container Storage Project City of Grand Terrace Appendix J – Mitigation Monitoring and Reporting Program Project Name:Grand Terrace Trailer/Container Storage Project Applicant: GrandT-1, Date:March 2020 Verified Responsible for Timing of Date/ Mitigation Measure No. / Implementing Action Monitoring Verification Method of Verification Initials paleontologist and the City of Grand Terrace been appropriately recorded, Planning and Development Director. If recovered, curated, and reported. determined to be significant, the fossil(s) shall be collected from the field. The paleontologist may also make recommendations regarding additional mitigation measures, such as paleontological monitoring. Scientifically significant resources shall be prepared to the point of identification, identified to the lowest taxonomic level possible, cataloged, and curated into the permanent collections of a museum repository. If scientifically significant paleontological resources are collected, a report of findings shall be prepared to document the collection.” This measure shall be implemented to the satisfaction of the City of Grand Terrace Planning Director or his/her designee. Tribal Cultural Resources TCR-1 Prior to the issuance of grading permits, the Planning and Prior to issuance of Submittal of plans including the applicant shall provide evidence to the City Development grading or required language. the following language is included on final Services Director or stockpiling permits. Evidence appropriate notification grading documents:Designee of the SMBMI has been “The San Manuel Band of Mission Indians completed (as required). Cultural Resources Department (SMBMI) Submittal of evidence that a shall be contacted, as detailed in Mitigation Monitoring and Treatment Plan Measure CUL-1, of any pre-contact cultural has been developed (as required) resources discovered during project for any previously undetected on- implementation, and be provided site cultural resource and information regarding the nature of the find, Mitigation Monitoring and Reporting Program Grand Terrace Trailer/Container Storage Project City of Grand Terrace Appendix J – Mitigation Monitoring and Reporting Program Project Name:Grand Terrace Trailer/Container Storage Project Applicant: GrandT-1, Date:March 2020 Verified Responsible for Timing of Date/ Mitigation Measure No. / Implementing Action Monitoring Verification Method of Verification Initials so as to provide Tribal input with regard to evidence that provisions of the significance and treatment. Should the find plan have been appropriately be deemed significant, as defined by CEQA completed. (as amended, 2015), a cultural resources Monitoring and Treatment Plan shall be created by the archaeologist, in coordination with SMBMI, and all subsequent finds shall be subject to this Plan. This Plan shall allow for a monitor to be present that represents SMBMI for the remainder of the project, should SMBMI elect to place a monitor on site. Any and all archaeological/cultural documents created as a part of the project (isolate records, site records, survey reports, testing reports, etc.) shall be supplied to the applicant and Lead Agency for dissemination to SMBMI. The Lead Agency and/or applicant shall, in good faith, consult with SMBMI throughout the life of the project.” Mitigation Monitoring and Reporting Program Responses to the Comments/Questions Raised at the May 21, 2020 Planning Commission Hearing Conditional Use Permit 18-04 Page 1 of 22 Issue Raised /Request Made Current Basis for Requirement Procedure to Address Issue Requirement/Status 1 Trucks potentially getting lost in Operator will implement procedures No designated truck route in Per CEQA Guidelines neighborhood/ it could happen, Did and Section 15064(f)(5) neighborhoods environmental document address? site neighborhoods Despite past events, there signage may be installed on local is no reasonable evidence streets indicating travel restrictions. to support the claim that trucks for this project will intentionally enter these neighborhoods. ЉЊЋЍА͵ЉЉЉЎΉЏЉАЋЏЎ͵Њ Responses to the Comments/Questions Raised at the May 21, 2020 Planning Commission Hearing Conditional Use Permit 18-04 Page 2 of 22 Issue Raised /Request Made Current Basis for Requirement Procedure to Address Issue Requirement/Status 2 How long will the construction period be? The Air Quality analysis Chapter 18.83 0 Conditional No exceedance of SCAQMD daily (page 44, Appendix A of the Use Permit, Section 18.83.090 emission thresholds was identified IS/MND) anticipates up to 65 Expiration and Extensions in the technical Air Quality report days of construction prepared for the project (see including site preparation, The approval of a permanent IS/MND, Appendix A; therefore, no grading, and pavement conditional use permit significant air quality or health risk installation. application shall automatically impact would result from the expire one year from the date of construction or operation of the The approval is for 12 its approval unless: proposed uses. No mitigation is months with two 12-month a. All conditions of approval are required. time extension can be met; or requested sixty days prior to b. Sufficient investment has the approval date expiration. been completed and building This approval permits are issued; or (12) months from the date of c. Business license is issued in adoption of this resolution unless accordance with the Grand permits have been issued and a Terrace Municipal Code. substantial investment in reliance of those permits has occurred; all In the case the applicant is not conditions of approval have been able to comply with subsections met; or a time extension has been a, b, or c, then the applicant gran shall apply for an extension of with Chapter 18.63 of the Zoning the one-year compliance period Code. Time extensions shall be prior to the end of that year filed at least sixty (60) days prior to period. Air Quality analysis: Constructions assumptions used to develop Air Quality and Health Risk Modeling. ЉЊЋЍА͵ЉЉЉЎΉЏЉАЋЏЎ͵Њ Responses to the Comments/Questions Raised at the May 21, 2020 Planning Commission Hearing Conditional Use Permit 18-04 Page 3 of 22 Issue Raised /Request Made Current Basis for Requirement Procedure to Address Issue Requirement/Status 3 Assurance no lights occurring during The construction Chapter 18.60 Off-street Condition of Approval No. 31, construction. assumptions (Table G, Parking, Section 18.60.040 Proposed lighting shall not produce Appendix A) anticipated Design Standards (c) any glare onto adjoining properties Place hours of construction and be clear to operation of construction 1. Lighting shall be designed to and shall be shielded as may be include daylight savings time equipment 8 hours per day reflect away from residential required. Lighting shall not exceed during the construction districts and public roadways, 2. eighteen feet in height from the period. shall not exceed eighteen feet finished grade and shall be in height measured from the designed to reflect away from This should provide sufficient finished grade of the parking residential district and public daylight hours to avoid the surface, roadways. A photometric plan shall use of night lighting. The 3. no light shall create be included in the construction applicant will comply with the illumination on an adjacent plans for review. noise ordinance and property which exceeds five construction will take place foot-candles (measured at Condition of Approval No. 11. from 7:00 a.m. to 8:00 p.m. ground level). Operational activities associated with the Project shall comply with In addition, lighting for the Chapter 18-74.030 - Noise the regul project shall not create Standards, Section 8.108.040 Ordinance, Chapter 8.108 of the spillover illumination on Special Activities (C) Noises Grand Terrace Municipal Code. adjacent property owners for sources associated with or more than five foot candles. vibration created by . construction, repair or A construction schedule will remodeling or grading of any be provided by the applicant real property or during in compliance with the authorized seismic surveys, conditions of approval provided said activities do not take place between the hours of 8:00 p.m. and 7:00 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. ЉЊЋЍА͵ЉЉЉЎΉЏЉАЋЏЎ͵Њ Responses to the Comments/Questions Raised at the May 21, 2020 Planning Commission Hearing Conditional Use Permit 18-04 Page 4 of 22 Issue Raised /Request Made Current Basis for Requirement Procedure to Address Issue Requirement/Status 4 Wells onsite, who do they belong to? Existing wells are proposed to The destruction, re All existing wells have been be abandoned. Owner must destruction of any well requires a identified that occupy the formally state intentions to San valid permit from and the work must site. There will be no Bernardino Division of be performed by a licensed production or use of any Environmental and Health California State Contractor as wells for the intended Services (DEHS), in writing, for appropriate to the activity to be operation. All wells to be any abandoned well(s) on engaged in (i.e. C abandoned shall be done in subject property. Owner shall compliance with regulatory have 30 days from receipt of requirements of the County acknowledgement letter from and State. DEHS to declare intentions. 5 Stacking of trailers the trailers and the Containers will not be stacked. It is Stacking of empty chassis or chassis can be stacked 12 feet high. Will It is possible that empty chassis they are limited to a certain number containers was modeled in the stacking reduce the use of the yard? would be stacked 2 high. These of 460 the Project Description. Could this result in more trailers stored units would be in the most further away from homes? northerly area of the site, farthest away from any residential area. ЉЊЋЍА͵ЉЉЉЎΉЏЉАЋЏЎ͵Њ Responses to the Comments/Questions Raised at the May 21, 2020 Planning Commission Hearing Conditional Use Permit 18-04 Page 5 of 22 Issue Raised /Request Made Current Basis for Requirement Procedure to Address Issue Requirement/Status 6 Distinguish mature versus non mature The site will be utilized for For noise associated with It was determined that noise from this trees and vines on fencing. Was the storage, light maintenance, the installation of fencing: activity would not exceed any fencing for screening or was there a sound and inspection; therefore, the the technical Noise study established City standard; therefore, no issue associated with putting fencing up? Project will not cause a prepared for the project significant impact would significant noise impacts to (see IS/MND, Appendix F) mitigation was required. The noise adjacent neighborhoods anticipated the worst-case associated with this activity Due to the Noise associated with the did noise during construction lower intensity equipment used not trigger mitigation of a would be during project the construction of any project fencing, solid block wall. grading activities. noise from this activity would not exceed levels anticipated during Project installation of fencing: construction. various sections of the Section 8.108.050 of the Ordinance outline the prohibition of noise related to selected activities. Vines and trees are required to be a minimum 15- gallon size The required vine fence is a requirement to address the outdoor storage, but not to mitigate noise. ЉЊЋЍА͵ЉЉЉЎΉЏЉАЋЏЎ͵Њ Responses to the Comments/Questions Raised at the May 21, 2020 Planning Commission Hearing Conditional Use Permit 18-04 Page 6 of 22 Issue Raised /Request Made Current Basis for Requirement Procedure to Address Issue Requirement/Status 7 Community Garden- what is basic There is no CEQA impact Rough cost for 54 raised Community input will be warranted monetary value of the community garden? related to this issue. planter beds at $800 per because it will be a community garden. CEQA does not require the raised planter bed is There will be no community garden consideration of social or $43,200 and 23 fruit trees without the community economic impacts unless at $225 per tree is $5,175. those impacts result in an identified environmental Proceeds can be used to impact support community garden club. ЉЊЋЍА͵ЉЉЉЎΉЏЉАЋЏЎ͵Њ Responses to the Comments/Questions Raised at the May 21, 2020 Planning Commission Hearing Conditional Use Permit 18-04 Page 7 of 22 Issue Raised /Request Made Current Basis for Requirement Procedure to Address Issue Requirement/Status 8 Trucks getting lost with GPS Keep truck traffic on Public Works Condition of Approval No. Per CEQA Guidelines Terrace Avenue and away 9. Truck guide signs shall be posted at Section 15064(f)(5). from the residential areas intersections and in the area around on Walnut Avenue and Despite past events, there Terrace to keep truck traffic on Terrace Vivienda Avenue. is no reasonable evidence and Barton road as directed by the City to support the claim that Engineer. Signs prohibiting truck trucks for this project will traffic are conditioned to be intentionally enter these A condition of approval will be included will be placed at Vivienda neighborhoods. to require all project traffic to stay on Avenue and Walnut Avenue Terrace Avenue towards Barton Road. Drivers will be instructed and trained to use the truck route per the project approval. They will also be trained to avoid using GPS as their basis for accessing the project. 9 our responses Appendix I to the IS/MND Improvements to North Public Works conditions address safety Grand Terrace City Staff met Terrace and clarification of North Terrace with paving and the with Colton staff on two regarding utilities and installation of guardrails or occasions addressing easements. in select locations to the satisfaction of both agencies. \\ ЉЊЋЍА͵ЉЉЉЎΉЏЉАЋЏЎ͵Њ Responses to the Comments/Questions Raised at the May 21, 2020 Planning Commission Hearing Conditional Use Permit 18-04 Page 8 of 22 Issue Raised /Request Made Current Basis for Requirement Procedure to Address Issue Requirement/Status 10What is the total value of the project after There is no CEQA impact To determine property tax At completion, the property will be completion? related to this issue. CEQA generation. reassessed. T does not require the added to the property taxes consideration of social or assessed property value). Community economic impacts unless Benefit enhancement alone are those impacts result in an approximately $522,000. On site identified environmental. improvements have not been fulltime jobs. ЉЊЋЍА͵ЉЉЉЎΉЏЉАЋЏЎ͵Њ Responses to the Comments/Questions Raised at the May 21, 2020 Planning Commission Hearing Conditional Use Permit 18-04 Page 9 of 22 11Forklift beeps - how is this addressed and if Table K of the Noise Study Chapter 18.40 M2 Condition of Approval No. 10 The the houses are 300 to 600 feet away. (Appendix F) identifies the Industrial District, Section applicant or authorized agent shall maximum noise level 18.40.010 Purpose, the apply to There is a condition in the project generated by a forklift is purpose of the M2 district is Safety and Health Administration resolution. assumed to be to provide for the (OSHA) to permit an alternative to approximately 85 dBA Lmax development of medium at 50 ft. At 630 ft, noise manufacturing and for the purpose of lessening the noise levels generated from these industrial uses. The and frequency of standard back up activities would be regulations of this district apparatus. Said apparatus shall be attenuated by 22 dBA, or are intended to allow reviewed and approved by OSHA and below the threshold. various manufacturing and the Director of Planning and industrial uses which Development Services prior to the Existing nighttime ambient operate free of overly issuance of the first certificate of use noise levels in the vicinity of excessive noise, dust, odor, and occupancy the residence currently reach or other nuisances and can up to 69 dBA L2 and 64 dBA be made compatible to The County of San Bernardino noise L8. Therefore, intermittent other (nonindustrial) standards were used to evaluate noise nighttime noise levels from districts. generated by forklift operations in the container/trailer and chassis City of Grand Terrace because the dropoff and pickup activities loud or excessive n would not be substantially dissimilar to existing intermittent noise levels at comments related to potential forklift the residences in Grand noise, the following condition was Terrace. developed: The nearest residents are As the noise level from forklifts would located over 370 feet. noise standard, single The Initial Study show less than a significant impact to no impact. forklifts will be addressed with advanced noise muffling. The following condition has been identified to The forklifts will include a minimize noise from forklift operations technology approved from to the maximum extent feasible: OSHA that minimizes noise. Prior to the issuance of grading or building permi ЉЊЋЍА͵ЉЉЉЎΉЏЉАЋЏЎ͵Њ Responses to the Comments/Questions Raised at the May 21, 2020 Planning Commission Hearing Conditional Use Permit 18-04 Page 10 of 22 submitted first, the applicant shall provide evidence to the Planning and Development Services Director that an application has been submitted to the United States Occupational Safety and Health Administration (OSHA) to permit an alternati forklifts and/or yard goats for the purpose of lessening the noise and frequency of standard back apparatus. equipment shall be reviewed and approved by OSHA and the Director of Development Services prio issuance of the first certificate of use and occupancy. ЉЊЋЍА͵ЉЉЉЎΉЏЉАЋЏЎ͵Њ Responses to the Comments/Questions Raised at the May 21, 2020 Planning Commission Hearing Conditional Use Permit 18-04 Page 11 of 22 Issue Raised /Request Made Current Basis for Requirement Procedure to Address Issue Requirement/Status 12Clarifying questions about crushed asphalt Technical report attachment The project will utilize acceptable cover Acceptable cover material, versus, Decomposed Granite or Slag. outlines acceptable health material th public works criteria shall risk considering the use of project initiation be applied. asphalt versus slag 13Signs on Vivienda do we have proper truck As a result of the Barton Keep truck traffic on Public Works Condition of Approval No. signage. Terrace Avenue and away 9. Truck guide signs shall be posted at Road interchange project, from the residential areas intersections and in the area around which is nearing completion, on Walnut Avenue and Terrace to keep truck traffic on Terrace signs are being installed in Vivienda Avenue. and Barton road as directed by the City appropriate locations to Engineer. advise trucks the residential neighborhoods prohibit truck Appropriate education and traffic the drivers shall be implemented. No gas tanks on site? AQMD requirement for Onsite equipment shall comply with up 14No underground tanks are alternative vehicle and to date Air Quality Management District proposed. reduction of diesel requirements particulate. The vehicles will be electric or clean diesel engines in the yard. Did San Bernardino Fire Department want The project driveway meets Per Condition of Approval 15The Planning and two gates (point to study)? San Bernardino County Fire applicant shall resubmit plans to San Development Services access requirements as an Bernardino County F Department confirmed San acceptable single point of with the Conditions of Approval Bernardino County Fire will access. established by the Fire Department require one point of access. under Permit Number FPLN 00163. ЉЊЋЍА͵ЉЉЉЎΉЏЉАЋЏЎ͵Њ Responses to the Comments/Questions Raised at the May 21, 2020 Planning Commission Hearing Conditional Use Permit 18-04 Page 12 of 22 Issue Raised /Request Made Basis for Requirement Procedure to Address Issue Current Requirement/Status 16Clarification regarding type of vehicles in The traffic study It has been determined The project will utilize modern traffic study and difference between 5 and there is no basis for tor a compliant trailers that will be empty. differentiates between 3 and 4 axle trucks within this project requirement that effects any 4 axles as a necessary basis operational aspects. for analysis as it will not affect the results of the traffic impact analysis. How much time people will be allowed in Undetermined currently. Will be identified within the Community 17There is no CEQA impact community garden The community will assess Benefit Agreement with an related to this issue how the garden will implementation plan. operate. Questions about who maintains garden Undetermined currently. The Agreement will be considered by 18There is no CEQA impact and The community will assess the City related to this issue. how the garden will operate. ЉЊЋЍА͵ЉЉЉЎΉЏЉАЋЏЎ͵Њ Responses to the Comments/Questions Raised at the May 21, 2020 Planning Commission Hearing Conditional Use Permit 18-04 Page 13 of 22 Issue Raised /Request Made Basis for Requirement Current Procedure to Address Issue Requirement/Status 19Project Monitoring Applicant or agent required Chapter 18.83 Conditional A condition of approval has been Use Permits, Section to submit an operation report included requiring the applicant to 18.83.080 Revocation that outlines condition provide a quarterly delivery staging and compliance for City review. operating schedule. Any CUP may be revoked if An operations program' shall any of the following actions Condition of Approval No. 25 The be developed and submitted occur: Applicant or assignee shall provide a to the City and adhered to by A. Any violation of a Project delivery staging and operating all users of the container schedule to the City for the purpose of storage facility. Operators required condition of avoiding will not be allowed to access approval at major City intersections. The any local roadways other B. Any federal, state, or schedule shall be submitted for review than Terrace Avenue and local law or ordinance is and approval by the Planning and Barton Road. violated in connection with Development Services Department on a conditionally permitted a quarterly basis for the first three Enforcement will be the use. calendar years of operation obligation of the operator's commencing on th and local law enforcement The Planning Commission Project use begins operating. agency. shall hold a public hearing to consider the proposed revocation. The Planning Commission makes a recommendation to the City Council regarding revocation of the conditional permitted use. The City Council shall hold a public hearing and make a final determination to revoke, amend, or leave unchanged the subject conditional use permit. ЉЊЋЍА͵ЉЉЉЎΉЏЉАЋЏЎ͵Њ Responses to the Comments/Questions Raised at the May 21, 2020 Planning Commission Hearing Conditional Use Permit 18-04 Page 14 of 22 Issue Raised /Request Made Current Basis for Requirement Procedure to Address Issue Requirement/Status Operational hours. The proposed business Normal operating hours. Condition of Approval No. 3 20 hours have been revised from Monday thru Friday Hours of operation modified to have no from 6:00 a.m. to 10:00 p.m. business activity conducted weekends and a total of twelve employees. No business The proposed business hours will be activities shall be conducted Monday thru after 10:00 p.m. except for 10:00 p.m. and a total of twelve emergency purposes only. employees. No business activities s be conducted after 10:00 p.m. except No business activities will be for emergency purposes only. conducted on the weekends 21Patterns of how the trailer move The applicant will be required Truck stacking from Terrace Condition of Approval No. 26 The Avenue to Barton Road Applicant shall avoid truck or trailer to avoid movement of the shall be prohibited. movement during Grand Terrace traffic trailers during high peak peak hours between 6:30 a.m. to 8:30 traffic hours a.m. and 4:30 p.m. and 6:30 p.m. 22No weekend construction work The proposed business Normal operating hours Conditions of Approval No. 3 The proposed business hours will be hours will be Monday thru Monday thru Friday from 6:00 a.m. to 10:00 p.m. and a total of twelve 10:00 p.m. employees. No business activities shall be conducted after 10:00 p.m. except No business activities will for emergency purposes only. take place on the weekends. ЉЊЋЍА͵ЉЉЉЎΉЏЉАЋЏЎ͵Њ Responses to the Comments/Questions Raised at the May 21, 2020 Planning Commission Hearing Conditional Use Permit 18-04 Page 15 of 22 Issue Raised /Request Made Basis for Requirement Procedure to Addr Current Requirement/Status 23Stacking (stand by time) of trucks offsite The truck drivers will be No Standby or queuing Condition of Approval No. 26 The because of truck drivers, what kind of based on stacking time is applicant or assignee shall avoid truck certified. drivers will be driving these trucks, delivery, assumed. or trailer movement during Grand and pickup. Terrace traffic peak hours between Stacking of vehicles or 6:30 a.m. to 8:30 a.m. and 4:30 p.m. queuing into the project and 6:30 p.m. Truck stacking from entrance was not considered Terrace Avenue to Barton Road shall a potential impact as there is be prohibited. ample distance from the entrance onto Terrace Drive. 25Security cameras and security onsite. There are security cameras No specific requirement Included within the operation plan to be submitted with project conditions. proposed on-site 26Security cameras on Terrace road to help There is no requirement. No specific requirement. Staff will include a condition requiring elevate or reduce illegal dumping on and off camera location shall be determined by the Director of Planning and Development Services. ЉЊЋЍА͵ЉЉЉЎΉЏЉАЋЏЎ͵Њ Responses to the Comments/Questions Raised at the May 21, 2020 Planning Commission Hearing Conditional Use Permit 18-04 Page 16 of 22 Issue Raised /Request Made Procedure to Address Issue Current Basis for Requirement Requirement/Status 27Will there be guard rails on Terrace Road In response to the City of The project will be Public Works Condition of Approval No. to make it safer that it is now? conditioned to provide a 11 Terrace from south Colton (comments A6-8), the minimum roadway width of Walnut shall have a Paved Road following project condition 26 feet along Terrace Section per standard 114a was identified (IS/MND, Avenue. Typical vehicle barrier on the west side at a grade Appendix I) traffic lanes are 12 feet difference of four feet or greater below wide. With a minimum of 26 the existing road feet of pavement width, to be approved by City of Colton and there is adequate lane Grand Terrace. width to accommodate traffic at local street posted Addition of traffic control signs along speed rates. As depicted on the Terrace Avenue Addition of acceptable guardrail, with the City of Grand fencing or barrier along the western Terrace, the project edge of Terrace Avenue from Barton applicant has designed the Road to the point where Terrace Road project to provide this same is elevated above the adjacent railroad. roadway width on Terrace Addition/replacement of delineators, as Avenue in Grand Terrace. needed, adjacent to the existing The proposed improvement railroad will include the following: Restriping of the turning/stop lane 26 feet of pavement width intersection at Terrace and Barton consisting of a grind and Road; and overlay or shoulder Additional traffic signage at Barton widening (subject to soils Road indicating turning restrictions and testing and inspection). track traffic ahead. Restriping of the centerline The improvements will be maintained in Terrace Avenue; by the City of Grand Terrace for the portion of Terrace Avenue north of Vivienda Avenue. Once installed, maintenance of Terrace Avenue south of Vivienda Avenue will be the responsibility of the City ЉЊЋЍА͵ЉЉЉЎΉЏЉАЋЏЎ͵Њ Responses to the Comments/Questions Raised at the May 21, 2020 Planning Commission Hearing Conditional Use Permit 18-04 Page 17 of 22 Issue Raised /Request Made Basis for Requirement Procedure to Address Issue Current Requirement/Status 28What time does WCA landscape open? Not a CEQA requirement. There is no specific The proposed trailer requirement. operating outside West Coast Arborist hours are Monday thru Friday from 6:30 a.m. to 4:30 p.m. 29Will there be any improvements to the The Traffic Impact Analysis Improvements to North Refer to R street, residents have talked about how Terrace will be implement does not identify safety unsafe these streets are and putting big and widened as identified. mitigation as the project rigs is going to create problems how the project will be conditioned to allow incorporate project design much are you spending on streets. only right features such as roadway from intersection of Barton Road and improvements. Terrace Avenue. This will eliminate the movements referenced by the City of Colton. 30rucks can go anywhere There are adopted truck This project will not allow The operator may dictate truck routes trucks in adjacent for drivers delivering/departing the site. paths that prohibit trucks neighborhoods. from running daily operations As appropriate, the operator of th through neighborhoods. project may sanction drivers who deviate from established truck routes or violate operating procedures. Furthermore, it is reasonable to anticipate that with the conditioned Terrace Avenue improvements, the identified route will provide the most direct, safest, and efficient route to the site. It is speculative to assume trucks will take a less direct, more constrained and time established neighborhoods when an improved route exists, ЉЊЋЍА͵ЉЉЉЎΉЏЉАЋЏЎ͵Њ Responses to the Comments/Questions Raised at the May 21, 2020 Planning Commission Hearing Conditional Use Permit 18-04 Page 18 of 22 Issue Raised /Request Made Basis for Requirement Procedure to Address Issue Current Requirement/Status 31Will there be a loss in property values? This is not a CEQA issue. Not applicable Not applicable CEQA does not require the consideration of social or economic impacts (e.g. property values) unless those impacts result in an identified environmental impact. One would have to link physical changes resulting from the economic effect. This analysis would need to be supported by opinion, argument, or hearsay. Per CEQA Guidelines Section trace a chain of cause and effect from a proposed decision on a project through anticipated economic or social changes resulting from the project to physical changes caused in turn by the economic or social analysis would always focus on the provable and not the underlying social/economic change. ЉЊЋЍА͵ЉЉЉЎΉЏЉАЋЏЎ͵Њ Responses to the Comments/Questions Raised at the May 21, 2020 Planning Commission Hearing Conditional Use Permit 18-04 Page 19 of 22 Issue Raised /Request Made Basis for Requirement Procedure to Address Issue Current Requirement/Status 32Will there be a guard rail on Terrace Road See responses to City of Refer to No. 27 added? Colton comment letter (IS/MND, Appendix I) 33Concerned about accidents. See response to City of New development is Public Works required to provide roadway sidewalks curb and gutter and safety Colton comments regarding and sidewalk demarcation improvements which improvements to Terrace improvements. modernizes Terrace Avenue. Avenue and directional restrictions to/from Barton Road. ЉЊЋЍА͵ЉЉЉЎΉЏЉАЋЏЎ͵Њ Responses to the Comments/Questions Raised at the May 21, 2020 Planning Commission Hearing Conditional Use Permit 18-04 Page 20 of 22 Issue Raised /Request Made Basis for Requirement Current Procedure to Address Issue Requirement/Status 3495 trucks per day in the environmental Section 3.17 of the IS: The TIA measures trips in Using this traffic data, and taking into document passenger car equivalents account cumulative projects in the (PCE). The concept of projectspecific TIA (IS/MND, Cities of Colton, Grand Terrace an PCEs Appendix G) was prepared to nearby areas of the City and County of accounts for the larger assess potential circulation Riverside, the TIA determined that impact of trucks on traffic impacts associated with the project- operations by assigning proposed project. associated with development and each type of truck a PCE operation of the proposed use would factor that represents the The trip factor was based on NOT exceed the established standard number of passenger a survey of two similar uses. for intersections or roadway section vehicles that could travel The worst-case scenario within the TIA study area. through an intersection at traffic generation rate of the the same time that a two surveys was applied to In the absence of any exceedance of particular type of truck the project. could. The proposed project an established threshold, no significant is estimated to generate 57 impact would occur and not mitigation When strictly counting PCE trips in the a.m. peak vehicles, the project would is warranted. hour, 31 PCE trips in the generate 530 daily trips (26 p.m. peak hour, and 1,172 and 13 trips each in the AM daily PCE trips. and PM peak hour, respectively.) The vehicle breakdown, as detailed in Table 5-B, Appendix G) follows: 96 passenger vehicles 52-axel trucks 223 3-axel trucks 208 4-axel trucks ЉЊЋЍА͵ЉЉЉЎΉЏЉАЋЏЎ͵Њ Responses to the Comments/Questions Raised at the May 21, 2020 Planning Commission Hearing Conditional Use Permit 18-04 Page 21 of 22 Issue Raised /Request Made Basis for Requirement Procedure to Current Requirement/Status 35Changing the zoning The zoning is M2 Industrial M2 Industrial Zoning The proposed use is consis supports outdoor storage Municipal Code and General Plan Manufacturing with Flood type of uses, including Plain Overlay Heavy equipment sales and The site is designated repair, outdoor public Floodplain Industrial on the storage facilities, outdoor General Plan Land Use Map recreational vehicle storage, etc. Change of zoning is not a part of the project. The project does not include a General Plan Amendment or zone change; however, a determination of use was filed with this project. The truck and trailer storage facility use uses within the M2 Zone, including, without limitation, the following: Automotive office and storage yards; heavy equipment sales and service; public storage facilities; and wholesale storage and distribution facilities. ЉЊЋЍА͵ЉЉЉЎΉЏЉАЋЏЎ͵Њ Responses to the Comments/Questions Raised at the May 21, 2020 Planning Commission Hearing Conditional Use Permit 18-04 Page 22 of 22 Issue Raised /Request Made Basis for Requirement Procedure to Address Issue Current Requirement/Status 36Does a property owner have to benefit the This is not a CEQA issue. There are General Plan Every project has the potential to be of community to develop his own property? goals and policies which benefit to the community. As CEQA does not require the promote high level community matures, so does the consideration of social or improvement. demand on maintenance and economic impacts (e.g. infrastructure. Benefit can be property values interpreted in a positive manner so Grand Terrace can continually strive to improve. ЉЊЋЍА͵ЉЉЉЎΉЏЉАЋЏЎ͵Њ Packet Pg. 70 H T R U O O D S I R E R V I O R C D T R O A P I C A R D . N E D A C A S L S E C C A N D O T N L A E O R C C G A F R F O R O E Y Y T T T I I C C T R O P I C A R D . N D O T N L A E O R C C G A F R F O R O E Y Y T T T I I C C W / R . R . R F S N B T E E R T S C I L B U P PARCEL 1 APN: 0275-191-30 C.1.f AGENDA REPORT MEETING DATE:May 21, 2020 TITLE:Conditional Use Permit 19-01, Site and Architectural Review 19-03 and Environmental 19-05; a Proposal to Establish a Trailer/Container Storage Facility, Located 520 Feet from Vivienda Avenue and South of the Santa Ana River Tail (APN's: 0275-191-06 and 0275-191-30) PRESENTED BY:Steven Weiss, Planning & Development Services Director RECOMMENDATION:Conduct a public hearing; and 2)Consider Adoption of A RESOLUTION OF THE PLANNING COMMISSION/SITE AND ARCHITECTURAL REVIEW BOARD OF THE CITY OF GRAND TERRACE, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION (ENVIRONMENTAL 19-05) PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND APPROVING CONDITIONAL USE PERMIT 19-01 AND SITE AND ARCHITECTURAL REVIEW 19-03 TO DEVELOP A TRAILER/CONTAINER STORAGE FACILITY FOR A MAXIMUM OF 650 PARKING SPACES FOR EMPTY SEMI-TRAILERS, SHIPPING AND STORAGE CONTAINERS, AND CHASSIS USE ON A 21.92-ACRE - 191-06 AND 0275-191-30 IS CURRENTLY UNDEVELOPED AND IS LOCATED APPROXIMATELY 520 FEET NORTH OF VIVIENDA AVENUE AND SOUTH OF THE SANTA ANA RIVER TRAIL IN THE NORTHWESTERN PORTION OF THE CITY 2030 VISION STATEMENT: This item supports Goal 3 to Promote Economic Development by establishing a use that is consistent with the Industrial Zoning District designation. BACKGROUND: The applicant, Grand T-is proposingto develop a trailer/container storage facility. The project will provide a maximum of 650 parking spaces for semi-trailers, shipping and storage containers, and chassis. Site improvements include: installation of perimeter fencing (6-foot tall chain linkwith vines), a paved, gated entrance and turn-around area, a 60-foot wide asphalt concrete central access road, perimeter 26-foot wide slag access road, security cameras, on-site Packet Pg. 74 C.1.f security light poles with light-emitting diode (LED) fixtures, landscaping, and an acceptable parking surface for the interior areas of the site. The project includes deliveries and pickup of containers to/from the site via a single, gated entrance located from the public road on the western edge of the site. All traffic to/from the site will be routed from Barton Road (from either La Cadena Drive or the I-215/Barton Road Interchange) onto Terrace Avenue to the project site. Trucks will exit onto Barton Road -The site is zoned M2-Industial with Floodplain and Agricultural 2 Overlay Districts. On May 28, 2019, a community meeting was held to introduce the project and promote community input. The meeting was attended by approximately 15 residents mostly living on the bluff top to the West and South of the project site. They expressed air quality, traffic, aesthetic, and noise concerns that the project could generate. There was also concern regarding trucks using the Vivienda and Walnut Avenue neighborhoods as a cut through. Since the meeting, the applicant has worked with City staff to refine the project. This project includes improvements/community benefits outside the scope of a standard development plan that the applicant has voluntarily agreed to provide and pay for 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. These improvements/community benefits will be memorialized in the form of a which will be considered by the City Council at a future date. ANALYSIS: The Planning Commission has the authority to approve the Conditional Use Permit (as submitted and reviewed) proposing to conduct a trailer/truck storage trailer. This approval does not include on-site activities open to the public. There are no proposed structures or additions to be constructed at this time. The project might include for future consideration through review and approval of an Attachment: 05-21-2020 PC Cont SR (CUP 19-01, SA 19-03 and E 19-05) Administrative Conditional Use Permit a proposed 900-square foot modular office on the western edge of the site and a 4,800-square foot maintenance building/shed located along the eastern edge of the site. The pad areas are denoted and have been assumed within the environmental documentation. The proposed use is considered an industrial truck and trailer storage facility ("Project"). The Site is currently zoned Heavy Industrial (M-2), with a small portion of the northern boundary within an Agricultural Overlay District (AG). Most of the Site (20 acres) would be utilized for the Project's storage facility. The Site is currently vacant, although has been constrained with construction of both underground and above ground wet and dry Packet Pg. 75 C.1.f utility improvements, water wells,pump stations, and overhead electrical lines. The City's General Plan designates the Site as Floodplain Industrial. The proposed industrial truck and trailer storage facility use is "similar in nature" to several permitted uses within the M-2 Zone, including, without limitation, the following: Automotive related services; Contractor's office and storage yards; Heavy equipment sales and service; Public storage facilities; and, Wholesale storage and distribution facilities. (Zoning Code, §§ 18.40.020, subds. (B), (G), (H), (Q).) Therefore, in accordance with Section 18.40.020, subdivision (S) of the Zoning Code, the Planning and Development Services Director, through a determination of use characterized the Project to be a conditionally permitted use within the M-2 Zone. In addition, to the project being similar in nature to other permitted uses, it is similar in nature and consistent with surrounding land uses. The Site, as mentioned, is unique in that it also is impacted with flood plain conditions, significant overhead utility transmission lines, towers and easements (affecting approximately 1/3 of the site) and adjacent to a major flood control channel (Santa Ana River) and two (2) railroad corridors, thereby separated by a public and private roadway easements abutting two privately owned parcels. The proposed operations intended for the subject property will support local and regional business operations associated with the 'fulfillment centers', delivery services, retail merchants, and major wholesale retailers such as COSTCO, Amazon, UPS, Ashley Furniture and others. In the movement of goods and services through our region these companies require a network of facilities to augment their existing locations and operations primarily consisting of the storage and movement of trailers and containers. With the growing and increasing operations of goods and services movement, the goal with locating sites within the target delivery areas is to reduce truck traffic on roads and highways by augmenting rail served facilities already located along the I-215 corridor. In supporting these existing operations by storing their empty and overflow container/trailer activities locally, there is a significant reduction in these empty containers being transported out of the area back to Los Angeles, Long Beach and 'out of state' locations only to return into the region for deliveries or restocking. Storing the trailer for immediate transport will lessen demand for truck trailers illegally parking on Grand Attachment: 05-21-2020 PC Cont SR (CUP 19-01, SA 19-03 and E 19-05) A maximum of 650 total semi-trailers, shipping and storage containers and chassis will be stored on the Site at any given time. There will be a maximum of twelve (12) total employees assigned to the Site whose duties will include internal transportation of trailers, chassis and storage containers and general operation of the Project facilities. As conditioned, hours of operation for the Project will be Monday through Saturday 6:00 a.m. to 10:00 p.m. On occasion, it may be necessary to access the Project Site after 10:00 p.m. and/or weekends; however, such access and activity will be rare and strictly conditioned to ensure there will be no additional impacts upon the surrounding community. The proposed improvements for the Project shall consist of perimeter fencing, a paved Packet Pg. 76 C.1.f entranceand turnaround area, security cameras, landscaping, and an acceptable parking surface for the interior areas of the site to be utilized for storage of semi-trailers, shipping and storage containers, chassis and related equipment. The Applicant will conduct street sweeping as necessary and consider installation of temporary metal shaker plates at the Site's entrance/exit to minimize and eliminate track out. The storage containers and chassis do not contain oil, except in sealed axles which are covered by wheel hubs and do not leak thereby preventing any impacts to soil or hardscape surfaces. The Site is previously disturbed and currently maintained for weed abatement and occasional debris removals. There is no evidence that the Site contains or is utilized as habitat for endangered, rare or threatened species. However, the site must abide by biological and Native American monitoring and mitigation. Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and, because the Project will create the opportunity to remove trucks from the Southern California transportation network. approval of the Project will result in reduced wear and tear on local and regional roadways and reduced environmental impacts related to traffic, noise and air. Regional and community traffic between LA I Port of Long Beach and the 'user facilities' mentioned herein is inefficient and environmentally detrimental to the region. The trailers will be managed between the Site and 'user facilities' in an organized manner, employing appropriate traffic safety precautions. The trailers will be transported using CARB compliant utility trucks. The utility trucks will be actively maintained by contract vendors and operated by employee drivers. The trailers will be free from leakage of oil, coolant, hydraulic and other fluids and will be inspected frequently. The trailers will not contain oil except in sealed axles which are covered by wheel hubs and do not leak. There will be no fuel containing vehicles stored on the Site. Further, because the trailers will be moved to and from 'corporate business sites' the operator/manager is particularly interested in ensuring that operations are clean so that the quality of operations is not compromised. ENVIRONMENTAL REVIEW: Attachment: 05-21-2020 PC Cont SR (CUP 19-01, SA 19-03 and E 19-05) 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, the City intends to adopt a Mitigated Negative Declaration (Environmental 19-05). 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. PUBLIC NOTICE: The public hearing notice was published in the Grand Terrace City News, posted in three public places and mailed to property owners within a 1,500-foot radius of the site. Packet Pg. 77 C.1.f Comments were receivedduring public distribution ofthe environment document. No additional comments have been received as a result of this notice. Should Staff receive comments, they will be forwarded to the Planning Commission as part of the official record. RECOMMENDATION: Staff recommends the Planning Commission considers adoption of the attached Resolution approving the project. ATTACHMENTS: RESOLUTION NO OBrian_4.30.2020 (DOCX) Exhibits to the Resolution (PDF) 17164 truck trailer storage site plan rev 2 (PDF) Landscape Enhancement Exhibit (PDF) Asphalt Grindings RAP (Recycled Asphalt Pavement Info.) (PDF) APPROVALS: Steven Weiss Completed 05/12/2020 11:25 AM Robert Khuu Completed 05/14/2020 11:02 AM Steven Weiss Completed 05/14/2020 12:24 PM Planning Commission/Site And Architectural Review Board Completed 05/21/2020 6:30 PM Planning Commission/Site And Architectural Review Board Pending 06/18/2020 6:30 PM RESULT: CONTINUED Next: 6/18/2020 6:30 PM Attachment: 05-21-2020 PC Cont SR (CUP 19-01, SA 19-03 and E 19-05) Packet Pg. 78 C.1.g Attachment: NOI Commnets from Colton and Responses (CUP 19-01, SA 19-03 and E 19-05) Packet Pg. 79 C.1.g Attachment: NOI Commnets from Colton and Responses (CUP 19-01, SA 19-03 and E 19-05) Packet Pg. 80 C.1.g Attachment: NOI Commnets from Colton and Responses (CUP 19-01, SA 19-03 and E 19-05) Packet Pg. 81 C.1.g RESPONSE TO COMMENT LETTER A January 9, 2020 City of Colton Mark Tomich, AICP Development Services Director Response to Comment A-1: The project is currently undeveloped. Existing on-site features include power transmission poles and towers and well casings associated with the West Riverside Canal. High voltage electrical towers cross the property from north to south in two locations with a second set of power lines running across the property in an east-to-west direction. The project area has been subjected to disturbance from weed abatement disking and other earthmoving activities. On-site structures will be limited to the construction of a 900-square foot modular office on the western edge of the site and a 4,800-square foot maintenance building/shed located along the eastern edge of the site. The following figures identify the general appearance of the proposed modular office and metal maintenance structure, respectively. Attachment: NOI Commnets from Colton and Responses (CUP 19-01, SA 19-03 and E 19-05) Appendix I: Responses to Public Comments I-5 Packet Pg. 82 C.1.g Ancillary structures on nearby properties include barns, storage buildings, and garages. The proposed structures are not dissimilar in size, style, or scale to existing structures located on nearby properties. It must be noted the site is located within an area previously designated for the development of industrial uses. While the project will alter the existing visual condition of the site, the City has not designated views to or through the site as significant. Neither the height of the structures nor the storage of trailers/ containers would obstruct background views of the San Bernardino and San Gabriel Mountains. In the absence of a new significant impact or increase in severity of an existing impact, no recirculation of the IS/MND is warranted. Response to Comment A-2:The site sits at a finished grade on average 12 feet (or greater) below any adjacent public roads. Containers will be either stored on a chassis or removed from the chassis with a forklift and stacked on grade to a maximum height of 16 feet. Chassis that are stored may also be stacked to a maximum height of 12 feet. Currently, existing street trees and the rail line partially obstruct views of the site from La Cadena Drive. The elevation of the rail line approaching Tropica Ranch Road nearly cuts off views of the site from La Cadena Drive (see photograph below). Attachment: NOI Commnets from Colton and Responses (CUP 19-01, SA 19-03 and E 19-05) Appendix I: Responses to Public Comments I-6 Packet Pg. 83 C.1.g Along the southern portion of the property, the proposed six-foot tall chain link fence will be slated or screened with landscaping. Where a barrier is provided, chain link fencing is typically used along the Santa Ana River Trail and adjacent developed uses. Furthermore, the installation of masonry walls along the northern and western edges of the site could increase the potential for graffiti. While the City of Colton’s preference for a masonry wall is noted, due to the site’s elevation, obstructions to current views from La Cadena Drive, the project’s provision of slatted or screened fencing and typical manner of fencing used along the Santa Ana River Trail, the installation of masonry walls is not warranted. The City of Colton’s comment will be fully considered prior to project approval. In the absence of a new significant impact or increase in severity of an existing impact, no recirculation of the IS/MND is warranted. Response to Comment A-3: As stated in Section 3.3.9a (page 50) of the IS/MND, project operations would be limited to heavy-duty trucks entering the project site, drop off/pick up of empty storage containers, and light inspection replacement and/or safety checks related maintenance of trucks. The project would generally accommodate storage of trailers, storage containers, and chassis from the various manufacturing, distribution, and logistics center uses in the surrounding region. The proposed project will be storing empty trailers/containers only. Trucks will enter, exit, and stage for periods of time on site. Limited amounts of vehicle fluids, paint products, lubricants, solvents, and cleaning products may be used and/or stored in the proposed vehicle inspection building. Activity at his building will be limited to light Attachment: NOI Commnets from Colton and Responses (CUP 19-01, SA 19-03 and E 19-05) inspection replacement, safety check related items, and minor “repair and replace” of needed equipment (e.g., mirrors, lights). Any major maintenance and/or repairs required will be performed off site. Due to the limited quantities of these materials to be used, they are not considered hazardous to the public at large. The transport, use, and storage of hazardous materials during construction would be regulated by the Grand Terrace Fire Service, under contract with the San Bernardino County Fire Department, in accordance with the City’s Hazard Mitigation Plan and California Occupational Safety and Health Administration regulations. Appendix I: Responses to Public Comments I-7 Packet Pg. 84 C.1.g No new impact was identified nor was the severity of an existing impact increased; therefore, revision or recirculation of the IS/MND is not required. Response to Comment A-4: The Initial Study (page 62) states, “The proposed project uses are consistent with uses conditionally permitted under the General Plan land use and zoning designations for the project site, including the M2 Industrial designation and the M2 Industrial with Floodplain and Agricultural AG-2 Overlay zoning designations. The proposed project uses are also compatible with surrounding residential uses to the north, east, and south.” The project site is bounded on three sides by the City of Colton.To the north, past an active rail line and La Cadena Drive, land zoned I-P (Industrial Park) has been approved for the development of approximately 260,000 square feet of warehouse uses and 214 trailer parking stalls. North of the Santa Ana River, M-1 (Light Industrial) uses include outdoor lumber and pallet storage. Land zoned OS-RS (Open Space Resources) is located to the east. Residential uses (mobile homes) are located over 800 feet beyond the site’s eastern border. In the City of Grand Terrace, undeveloped land and three rural residential uses are located to the south within the City’s M-2 (Industrial Zone). The residential uses are located approximately 400 to 770 feet from the area of the site where active operations will occur. Additional residential uses, R1-7.2 (Single Family), are located approximately 890 feet south of areas of the site where active operations will occur. No new impact was identified nor was the severity of an existing impact increased. Recirculation of the IS/MND is not warranted. Response to Comment A-5: The existing ambient 24-hour CNEL noise level is 63 dBA resulting from occasional train activity in the project area and traffic on La Cadena Drive. Existing nighttime ambient noise levels in the project area reach up to 69 dBA Land 64 dBA L. 2 8 Generally, the residential areas referenced by the commenter are located within 350 feet of the industrial uses on Terrace Road, Barton Road, and De Berry Street. The closest residences southwest and east of the project in the City of Colton are 1,020 feet and 850 feet, respectively, from forklift activities. The City of Colton’s exterior noise is 65 dBA. As detailed in Table K of the project-specific noise study, the maximum noise level generated by a forklift is assumed to be approximately 85 dBA L at 50 feet. Due to the max distance between the site and nearest residences in Colton, noise levels generated from forklift operations would be attenuated by 26 dBA and 25 dBA, respectively. Forklift noise would therefore be attenuated to 59 dBA L and 60 dBA L, respectively, at the nearest residences in Colton. These levels are below the maxmax existing 24-hour CNEL nighttime ambient noise levels for the project area. As the noise level from forklifts would not exceed the City of Colton’s exterior noise standard, single-event or “background” noise from beeping of the forklifts will be addressed with advanced noise muffling. The following condition has been identified to minimize noise from forklift operations to the maximum extent feasible: Attachment: NOI Commnets from Colton and Responses (CUP 19-01, SA 19-03 and E 19-05) Prior to the issuance of grading or building permits, whichever is submitted first, the applicant shall provide evidence to the Planning and Development Services Director that an application has been submitted to the United States Occupational Safety and Health Administration (OSHA) to permit an alternative to back-up alarms on forklifts and/or yard goats for the purpose of lessening the noise and frequency of standard back-up apparatus. Alternative back-up alarm equipment shall be reviewed Appendix I: Responses to Public Comments I-8 Packet Pg. 85 C.1.g and approved by OSHA and the Director of Development Services prior to the issuance of the first certificate of use and occupancy. The comment does not identify a new impact or increase the severity of a previous identified impact; therefore, no revision or recirculation of the IS/MND is warranted. Response to Comment A-6:The project applicant is proposing to evaluate the existing street section on Terrace Avenue and “improve”the roadway to provide for a pavement width of 26 feet. This work can be completed within the existing public right-of-way. The centerline of Terrace Avenue would be restriped and appropriate signage added along with edge-of-pavement delineators on the westerly shoulder. In addition to pavement delineators along the western edge of Terrace Avenue, the following project condition shall improve vehicle safety. Prior to the issuance of the first certificate of use and occupancy, the applicant shall install a guardrail, fencing or other barrier along the western edge of Terrace Avenue from Barton Road to the point where Terrace Road is elevated above the adjacent railroad. The type, location, and installation of the required feature shall be coordinated/approved by/between the Public Works Directors of the Cities of Grand Terrace and Colton. The project will be conditioned to ensure the appropriate improvements are in place prior to the commencement of any on-site operation involving the delivery of containers/trailers. As no new significant or impact of increased severity has been identified, revision and/or recirculation of the IS/MND is not required. Response to Comment A-7: Terrace Avenue has been used for 30 years to provide access from Barton Road to current and former operators of the adjacent industrial use (Lineage/Stater Bros). The current condition of the roadway is the result of past use and absence of roadway maintenance. Currently, a sidewalk provides pedestrian access along Terrace Avenue from Barton Road to Walnut Avenue. The project will not alter access to the existing sidewalk. The project will be conditioned to provide a minimum roadway width of 26 feet along Terrace Avenue. Typical vehicle traffic lanes are 12 feet wide. With a minimum of 26 feet of pavement width, there is adequate lane width to accommodate traffic at local street posted speed rates. As depicted on the project’s site plan on file with the City of Grand Terrace, the project applicant has designed the project to provide this same roadway width on Terrace Avenue in Grand Terrace. The proposed improvement will include the following: 26 feet of pavement width consisting of a grind and overlay or shoulder widening (subject to soils testing and inspection); Restriping of the centerline in Terrace Avenue; Attachment: NOI Commnets from Colton and Responses (CUP 19-01, SA 19-03 and E 19-05) Addition of traffic control signs along the Terrace Avenue right-of-way; Addition of acceptable guardrail, fencing or barrier along the western edge of Terrace Avenue from Barton Road to the point where Terrace Road is elevated above the adjacent railroad. Addition/replacement of delineators, as needed, adjacent to the existing railroad right-of-way; Restriping of the turning/stop lane intersection at Terrace and Barton Road; and Appendix I: Responses to Public Comments I-9 Packet Pg. 86 C.1.g Additional traffic signage at Barton Road indicating turning restrictions and track traffic ahead. The improvements will be maintained by the City of Grand Terrace for the portion of Terrace Avenue north of Vivienda Avenue. Once installed, maintenance of Terrace Avenue south of Vivienda Avenue will be the responsibility of the City of Colton. The project will be conditioned to ensure the appropriate improvements are in place prior to the commencement of any on-site operation involving the delivery of containers/trailers. As no new significant or impact of increased severity has been identified, revision and/or recirculation of the IS/MND is not required. Response to Comment A-8: The project will be conditioned to allow only right-in and left-out movements from intersection of Barton Road and Terrace Avenue. This will eliminate the “difficult and very problematic” turning movements referenced by the commenter. The project proposes slight modifications to striping on Barton Road to facilitate right-turn movements onto Terrace Avenue. Signage will be added along Terrace Avenue and Barton Road announcing prohibitions of right turns (Terrace Avenue to Barton Road) and left turns (Barton Road to Terrace Avenue), respectively. The operator of the project will enforce these turning restrictions on delivery/drop-off drives as a standard operating condition. As no new significant or impact of increased severity has been identified, revision and/or recirculation of the IS/MND is not required. Response to Comment A-9: The City of Colton has previously conditioned an industrial development located on La Cadena Drive (at Tropica Rancho Road) to close off the referenced railroad underpass. As detailed in “Traffic Flow Exhibit, La Cadena Drive and W. Tropica Rancho Road” access to the underpass will be achieved by a barricade with Knox box. This comment does not identify a new impact or increase in the severity of a previously identified impact; therefore, no recirculation of the IS/MND is warranted. Response to Comment A-10: As detailed in Figure 2 (Site Plan) of the IS/MND, the existing 16-inch water main and 24-inch sewer main referenced by the commenter is located just north of the project, south of the Santa Ana River Trail. No activity or ground disturbance or operational activity will occur in this area; therefore, no protection measures are required. It is anticipated that maintenance of these facilities can be conducted either through access along the Santa Ana River Trail or through an agreement with the property owner. This comment does not identify a new impact or increase in the severity of a previously identified impact; therefore, no recirculation of the IS/MND is warranted. Attachment: NOI Commnets from Colton and Responses (CUP 19-01, SA 19-03 and E 19-05) Appendix I: Responses to Public Comments I-10 Packet Pg. 87 C.1.h Attachment: Asphalt Grindings RAP (Recycled Asphalt Pavement Info.) (CUP 19-01, SA 19-03 and E 19-05) Packet Pg. 88 C.1.h Attachment: Asphalt Grindings RAP (Recycled Asphalt Pavement Info.) (CUP 19-01, SA 19-03 and E 19-05) Packet Pg. 89 C.1.h Attachment: Asphalt Grindings RAP (Recycled Asphalt Pavement Info.) (CUP 19-01, SA 19-03 and E 19-05) Packet Pg. 90 C.1.h Attachment: Asphalt Grindings RAP (Recycled Asphalt Pavement Info.) (CUP 19-01, SA 19-03 and E 19-05) Packet Pg. 91 C.1.h Attachment: Asphalt Grindings RAP (Recycled Asphalt Pavement Info.) (CUP 19-01, SA 19-03 and E 19-05) Packet Pg. 92 C.1.h Attachment: Asphalt Grindings RAP (Recycled Asphalt Pavement Info.) (CUP 19-01, SA 19-03 and E 19-05) Packet Pg. 93 D.1 AGENDA REPORT MEETING DATE:July 16, 2020 TITLE:Presentation Regarding Nonconforming Use & Building Regulations in the Grand Terrace Municipal Code, and Nonconforming Uses & Buildings in Grand Terrace PRESENTED BY:Haide Aguirre, Assistant Planner RECOMMENDATION:Receive and file. BACKGROUND: On May 21, 2020, the Planning Commission requested Staff to provide an update regarding nonconforming properties in the city. The Commission requested Staff identify locations in Grand Terrace where all nonconforming properties are located. DISCUSSION The City established requirements for nonconforming uses and buildingsin 1990and was amended in 1994. Such requirements state that ifoperations of a lawfully establishednonconforming use cease operation fora period of six months, the nonconforming use must comply withthe current zoning. The Municipal Code Chapter 18.06 means a use of a building or land existing on the effective date of the ordinance codified in this title which does not conform to the uses permitted in the zone in which it is located. may continue; provided, that no such use shall be enlarged or increased, not be extended to occupy a greater area than that occupied by such use at the time of the adoption of the ordinance codified in this title. ,which was not held for lack of quorum, Staff prepared a Memo for the Commission(attached)which containedthe following additional information: 1.Nonconforming Lawful (Legal Nonconforming), Nonconforming Vacant, Nonconforming in Violation PropertiesTable 2.Nonconforming Properties Aerial Views 3.Chapter 18.76 Nonconforming uses and Buildings (Municipal Code) Packet Pg. 94 D.1 ATTACHMENTS: Planning Commission Memo_Comments to the Commission_Pc meeting 6.18.2020-SW (PDF) APPROVALS: Steven Weiss Completed 07/08/2020 3:54 PM City Attorney Completed 07/08/2020 3:59 PM Steven Weiss Completed 07/08/2020 4:10 PM Planning Commission/Site And Architectural Review Board Pending 07/16/2020 6:30 PM Packet Pg. 95 D.1.a Attachment: Planning Commission Memo_Comments to the Commission_Pc meeting 6.18.2020-SW (Nonconforming Uses and Buildings) D.1.a Planning Commission Memo Information to the Planning Commission –Nonconforming Uses Page 2of2 B. The nonconforming use of a portion of a building may be extended throughout the building; provided, that in each case a use permit shall first be obtained. C. The nonconforming use of a building may be changed to a use of the same or more restricted nature; provided, that in each case a use permit shall first be obtained. D. If the nonconforming use of a building and/or operations within a building ceases for a continuous period of six months, it shall be considered terminated and thebuilding shall thereafter be used only in accordance with the regulations for the district in which it is located. Section 18.76.032 –Termination –Violation of Laws“Any of the following violations of the municipal code shall immediately terminate the rightto operate a nonconforming use except as otherwise provided: T A. Changing a nonconforming use to a usenot permitted in the zone. B.Increasing or enlarging the area, space or volume occupied by or devoted to such non-conforminguse. C. Addition to a nonconforming use of another use notpermitted in the zone. (The term “Grandfathered”is not a term identifiedin the Municipal Code. Thecorrect termsareNonconformingor Legal Nonconforming). ThePlanning and Development Services Department has identifiedtwenty-two(22) legalnonconforming properties, six(6)nonconforming properties, and one (1) in violation. Per your request, a tablehasbeen prepared identifying twenty-two(22) nonconforminglawful (legal nonconforming) properties, six(6) nonconforming vacantproperties,and one(1) property in violation,hereby attached as Exhibit A. Aerial viewsof the identified properties havebeen attached as Exhibit B Attached is Chapter 18.76 –NonconformingUses and Buildings formthe Municipal Code. Attachment: Planning Commission Memo_Comments to the Commission_Pc meeting 6.18.2020-SW (Nonconforming Uses and Buildings) Packet Pg. 97 NONCONFORMINGLAWFUL (LEGAL NONCONFORMING),NONCONFORMING NONONCONFORMING IN VIOLATIONPROPERTIES *Theseproperties are nonconforming/vacantand may not be longer utilized as residentialbecause the legal nonconforming terminated pursuant of the Municipal Code, Chapter 18.76 –Nonconforming Uses and Buildings **Properties in Violation PROPERTY ZONINGGENERAL PLAN EXISTING USELEGAL ADDRESSDESIGNATIONNONCONFORMING 22172 Barton RoadBRSP, General General CommercialPrior Residential Nonconforming/Vacant* 1 CommercialVacant 22220 Barton RoadBRSP, General General CommercialResidentialLegal Nonconforming 2 Commercial 22238 Barton RoadBRSP, General General CommercialResidentialLegal Nonconforming 3 Commercial 22300 Barton RoadBRSP, General General CommercialResidentialLegal Nonconforming 4 Commercial 22805 Barton RoadBRSP, Administrative Office CommercialPrior Residential Nonconforming/Vacant* 5 Professional Vacant 21992 De Berry CM-Commercial Mixed UseResidentialLegal Nonconforming 6 StreetManufacturing 21911 De Berry CM-Commercial Mixed UseResidential Legal Nonconforming 7 StreetManufacturing 21899 De Berry CM-Commercial Mixed UseResidential Legal Nonconforming 8 StreetManufacturing 21877 De Berry CM-Commercial Mixed UseResidential Legal Nonconforming 9 StreetManufacturing 21875 De Berry CM-Commercial Mixed UseResidential Legal Nonconforming 10 StreetManufacturing 21750 Main StreetRestricted General Commercial Abandoned, Nonconforming/Vacant* 11 ManufacturingUnder Remediation 12458 Michigan CM-Commercial General CommercialResidential Legal Nonconforming 12 StreetManufacturing 12466 Michigan CM-Commercial General CommercialPrior Residential Nonconforming/Vacant* 13 StreetManufacturingVacant 22740 Palm AvenueBRSP, Administrative Office CommercialResidentialLegal Nonconforming 14 Professional 22832 Palm AvenueBRSP, Administrative Office CommercialResidentialLegal Nonconforming 15 Professional NONCONFORMINGLAWFUL (LEGAL NONCONFORMING),NONCONFORMING NONONCONFORMING IN VIOLATIONPROPERTIES 22756 Palm AvenueBRSP, Administrative Office CommercialPrior Residential Nonconforming/Vacant* 1 6 Professional Vacant 22846 Palm AvenueBRSP, Administrative Office CommercialResidentialLegal Nonconforming 17 Professional 22858 Palm AvenueBRSP, Administrative Office CommercialResidentialLegal Nonconforming 18 Professional 22872 Palm AvenueBRSP, Administrative Office CommercialResidentialLegal Nonconforming 19 Professional 22892 Palm AvenueBRSP, Administrative Office CommercialResidentialLegal Nonconforming 20 Professional 12072 Preston StreetBRSP, Administrative Office CommercialResidentialLegal Nonconforming 21 Professional 12026 Preston StreetBRSP, Administrative Office CommercialResidentialLegal Nonconforming 22 Professional 12108 Preston StreetBRSP, Administrative Office CommercialResidentialLegal Nonconforming 23 Professional 11701 Terrace AveM2-IndustrialFloodplain Industrial ResidentialLegal Nonconforming 24 FP-Floodplain District AG2-Overlay District 22040 Van Buren CM-Commercial General CommercialResidential Legal Nonconforming 25 StreetManufacturing 22002 Van Buren CM-Commercial General CommercialPrior Residential Nonconforming/Vacant* 26 StreetManufacturingVacant 21996 Van Buren CM-Commercial General CommercialResidential Legal Nonconforming 27 StreetManufacturing 21816 Vivienda AveM2-IndustrialFloodplain IndustrialResidentialLegal Nonconforming 28 FP-Floodplain District AG2-Overlay District 21712 Vivienda AveM2-IndustrialFloodplain IndustrialPrior ResidentialNonconforming/In Violation** 29 FP-Floodplain DistrictShould be Vacant AG2-Overlay District D.1.a Packet Pg. 100 D.1.a Packet Pg. 101 D.1.a Packet Pg. 102 D.1.a Packet Pg. 103 D.1.a Packet Pg. 104 D.1.a Chapter 18.76 - NONCONFORMING USES AND BUILDINGS Sections: 18.76.010 - Purpose. The purpose of this chapter is to establish the permitted use, expansion and maintenance of nonconforming uses and buildings located within the city. (Ord. 151 § l(part), 1994: Ord. 126 § 2, Exh. A(part), 1990) 18.76.020 - Nonconforming use of land. The lawful use of land existing at the time of the adoption of the ordinance codified in this title, although such use does not conform to the regulations, specified in this title for the district in which such land is located, may be continued; provided, that no such use shall be enlarged or increased, nor be extended to occupy a greater area than that occupied by such use at the time of the adoption of the ordinance codified in this title, and when any such use ceases the subsequent use of such land shall be in conformity to the regulations specified by this title for the district in which such land is located. (Ord. 151 § 1(part), 1994: Ord. 126 § 2, Exh. A(part), 1990) 18.76.030 - Nonconforming use of buildings. A. The lawful use of a building existing at the time of the adoption of the ordinance codified in this title may be continued, although such use does not conform to the regulations specified for the district in which the building is located. B. The nonconforming use of a portion of a building may be extended throughout the building; provided, that in each case a use permit shall first be obtained. C. The nonconforminguse of a building may be changed to a use of the same or more restricted nature; provided, that in each case a use permit shall first be obtained. D. If the nonconforming use of a building and/or operations within a building ceases for a continuous period of six months, it shall be considered terminated and the building shall thereafter be used only in accordance with the regulations for the district in which it is located. (Ord. 151 § 1(part), 1994: Ord. 126 § 2, Exh. A(part), 1990) 18.76.031 - Termination—Discontinuance of use. A. Such discontinuance of the active and continuous operation of such nonconforming use, or part or portion thereof, for such periods, is construed and considered to be an abandonment of such nonconforming uses, regardless of any reservation of an intent not to abandonsame or of an intent to resume active operations. B. If actual abandonment in fact is evidenced by the removal of buildings, structures, machinery, equipment and other evidences of such nonconforming use of the land and premises, the abandonment shall be construed and considered to be completed within a period of six months and all rights to reestablish or continue such nonconforming use shall thereupon terminate. (Ord. 151 § 1(part), 1994) Attachment: Planning Commission Memo_Comments to the Commission_Pc meeting 6.18.2020-SW (Nonconforming Uses and Buildings) Packet Pg. 105 D.1.a 18.76.032 - Termination—Violation of laws. Any of the following violations of the municipal code shall immediately terminate the right to operate a nonconforming use except as otherwise provided: A. Changing a nonconforming use to a use not permitted in the zone; B. Increasing or enlarging the area, space or volume occupied by or devoted to such nonconforming use; C. Addition to a nonconforming use of another use not permitted in the zone. (Ord. 151 § 1(part), 1994) 18.76.033 -Termination—Operation of use. The following nonconforming uses and structures shall be discontinued and structures removed from their sites within the time periods specified in this section, commencing with January 27, 1994, except when extended or revoked as otherwise provided: A. Where the property is unimproved, one year; B. Where the property is unimproved except for structures of a type for which the city building code does not require a building permit, three years; C. Where the property is unimproved except for structures which contain less than one hundred square feet of gross floor area, three years; D. Signs, three years; E. A nonconforming use conducted in a structure designed to serve a use permitted in the zone, five years; F. In other cases twenty years from January 27, 1994, or amendment thereto establishing nonconforming status, and for such longer time so that the total life of the structure from the date of construction, basedon the type of construction as defined by the building code, will be as follows: 1. Type IV and Type V buildings (light incombustible frame and wood frame) used as: a. One-family dwellings, two-family dwellings, three-family dwellings, apartment houses and other buildings used for residential occupancy, twenty-five years, b. Stores and factories, twenty-five years, c. Any other building not herein enumerated, twenty-five years; 2. Type III buildings (heavy timber construction and ordinary masonry) used as: a. One-family dwellings, two-family dwellings, three-family dwellings,apartment houses, offices and hotels, thirty years, b. Structures with stores below and residences, offices or a hotel above, thirty years, c. Warehouses, stores and garages, thirty years, d. Factories and industrial buildings, thirty years; 3. Type I and Type II buildings (fire-resistive) used as: a. One-family dwellings, two-family dwellings, three-family dwellings, apartment houses, offices and hotels, thirty years, b. Theaters, warehouses, stores and garages, thirty years, Attachment: Planning Commission Memo_Comments to the Commission_Pc meeting 6.18.2020-SW (Nonconforming Uses and Buildings) Packet Pg. 106 D.1.a c. Factories and industrial buildings, thirty years. (Ord. 151 § 1(part), 1994) 18.76.034 - Termination—Abatement as a public nuisance. Whenever a nonconforming use or structure becomes obsolete, dilapidated, substandard, unsafe, or exists in a state of general disrepair, the planning commission may hold a public hearing to evaluate and make declaration of nuisance. (Ord. 151 § 1(part), 1994) 18.76.040 - Nonconforming buildings. A. No use permit is required for the following: 1. Ordinary maintenance and repairs may be made to any nonconforming building; provided, that no structural alterations and/or additions are made; provided further, that such maintenance and repairs do notexceed twenty-five percent of the assessed value of the building in any one-year period; 2. Any repairs necessary to bring a nonconforming building into compliance with city codes regardless of whether such repairs exceed twenty-five percent of the assessed value of the building in any one-year period; provided, that the total floor area in the building shall not be increased. B. A conditional use permit is required for the following: 1. Ordinary maintenance and repairs to any nonconforming building which exceed twenty-five percent of the assessed value of the building in any one-year period; 2. Any structural alterations and/or additions; provided, that the total floor area of the building shall not be increased by more than twenty percent or one hundred twenty square feet, whichever is greater; 3. Exception is in the case of damaged buildings/structures due to fire, earthquake, or natural disasters, refer to subsection D of this section. C. As a condition to any conditional use permit granted pursuant to subsection B of this section, the portions altered or repaired shall be brought into conformity with applicable city codes including the zoning code. D. Repair of Damaged or Partially Damaged Structures Due to Fire, Explosion, Earthquake, or Other Natural Disasters. Any nonconforming structure or conforming structure containing a nonconforming use which is damaged or destroyed by fire, explosion, act of God, collapse or any other casualty or calamity may be reconstructed to the condition in which it existed immediately prior to the occurrence of such damage or destruction; provided, that: 1. The total cost of the reconstruction of the structure shall not exceed seventy-five percent of the value of the structure prior to the damage or destruction. The value of the structure may be computed by any of the following methods: a. The current assessed valuation of the structure as shown on the latest county of San Bernardino equalized assessment role; b. An appraisal of the damage or destroyed structure made by a state of California licensed appraiser to determine predamage or destruction value of the structure; Attachment: Planning Commission Memo_Comments to the Commission_Pc meeting 6.18.2020-SW (Nonconforming Uses and Buildings) Packet Pg. 107 D.1.a c. The value to construct the original structure as shown on the building department's official records, based upon the current buildingconstruction costs upon which building permit valuations are computed. 2. In determining the reconstruction cost of any nonconforming structure, there shall not be included therein the cost of the land or any factors other than those concerning the nonconforming structure itself. a. All such construction or repairs shall be started within one year from the date of damage or destruction and shall be pursued diligently to completion. Otherwise, the right to rebuild pursuant to this section is terminated,which means within one more year. b. In the case of the buildings/structures being reconstructed in a different condition than what originally existed prior to the damages (fire, earthquake or natural disaster), then the project shall be evaluated in accordance to site and architectural review criteria, Chapter 18.63. (Ord. 157(part), 1995: Ord. 151 § 1(part), 1994: Ord. 126 § 2, Exh. A(part), 1990) 18.76.050 - Buildings under construction. Nothing contained in this title shall be deemed to require any change in plans, construction or designated use of any building for which a building permit has properly been issued, in accordance with the provisions of ordinances then effective and upon which actual construction has been started prior to the effective date of the ordinance codified in this title; provided, that in all such cases actual construction shall be diligentlycarried on until completion of the building. (Ord. 151 § 1(part), 1994: Ord. 126 § 2, Exh. A(part), 1990) Attachment: Planning Commission Memo_Comments to the Commission_Pc meeting 6.18.2020-SW (Nonconforming Uses and Buildings) Packet Pg. 108