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12-12-2019 - SP CITY OF GRAND TERRACE PLANNING COMMISSION/SITE AND ARCHITECTURAL REVIEW BOARD AGENDA Council ChambersSpecial Meeting6:30 PM OPENING The City of Grand Terrace complies with the Americans with Disabilities Act of 1990. If you require special assistance to participate in this meeting, please call the City Clerk's office at (909) 824-6621 at least 48 hours prior to the meeting. If you desire to address the Planning Commission during the meeting, please complete a Request to Speak Form available at the entrance and present it to the City Clerk. Any documents provided to a majority of the Planning Commission regarding any item onthis agenda will be made available for public inspection in the City Clerk's office at City Hall located at 22795 Barton Road during normal business hours. In addition, such documents will be posted on the City's website at www.grandterrace- ca.gov<http://www.grandterrace-ca.gov CALL TO ORDER Convene the Meeting of the Planning Commission and Site and Architectural Review Board. Pledge of Allegiance. Roll Call Attendee NamePresentAbsentLateArrived Chairman Tom Comstock Vice-Chair Edward A. Giroux Commissioner Tara Ceseña Commissioner Jeffrey McConnell Commissioner Jeremy Briggs City of Grand TerracePage 1 Agenda Grand Terrace Planning Commission/Site and Architectural Review Board December 12, 2019 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 Community Development Department. 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. A.CONSENT CALENDAR 1. Approval of Minutes Regular Meeting 09/05/2019 DEPARTMENT: CITY CLERK 2. Approval of Minutes Regular Meeting 09/19/2019 DEPARTMENT: CITY CLERK B.ACTION ITEMS None. C.PUBLIC HEARINGS 1. Zoning Code Amendment 19-02 to Amend Chapter 18.06 (Definitions) and Chapter 18.40 (M2 Industrial District) of the Zoning Code RECOMMENDATION: 1) Conduct a public hearing, and 2) Adopt A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GRAND TERRACE, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL MAKE A DETERMINATION THAT ZONING CODE AMENDMENT 19-02 IS EXEMPT FROM CEQA PURSUANT TO CEQA GUIDELINES SECTION 15061(b)(3) AND RECOMMENDING THE CITY COUNCIL AMEND CHAPTER 18.06 (DEFINITIONS) AND CHAPTER 18.40 (M2 INDUSTRIAL DISTRICT) OF TITLE 18 (ZONING) OF THE GRAND TERRACE MUNICIPAL City of Grand Terrace Page 2 Agenda Grand Terrace Planning Commission/Site and Architectural Review Board December 12, 2019 CODE BY ADOPTING ZONING CODE AMENDMENT 19-02 DEPARTMENT: PLANNING COMMISSION/SITE AND ARCHITECTURAL REVIEW BOARD 2. Site and Architectural Review 19-08, Variance 19-01 and Environmental 19-09, Located at 22172 Barton Road, Grand Terrace, CA 92313 RECOMMENDATION: 1) Conduct a public hearing; and 2 Adopt a RESOLUTION OF THE PLANNING COMMISSION AND ARCHITECTURAL REVIEW BOARD OF THE CITY OF GRAND TERRACE, CALIFORNIA, ADOPTING AN ENVIRONMENTAL EXEMPTION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, APPROVING ENVIRONMENTAL 19-09, VARIANCE 19-01, AND SITE AND ARCHITECTURAL REVIEW 19-08, TO ESTABLISH A TACO BELL DRIVE-THRU RESTAURANT, LOCATED AT 22172 -242-13) DEPARTMENT: PLANNING COMMISSION/SITE AND ARCHITECTURAL REVIEW BOARD D.INFORMATION TO COMMISSIONERS E. INFORMATION FROM COMMISSIONERS ADJOURN Adjourn to the next scheduled meeting of the Site and Architectural Review Board/Planning Commission to be held on December 19, 2019 at 6:30 p.m. City of Grand Terrace Page 3 A.1 CITY OF GRAND TERRACE PLANNING COMMISSION/SITE AND ARCHITECTURAL REVIEW BOARD MINUTES Council ChambersRegular Meeting6:30 PM CALL TO ORDER Chairman Tom Comstock convened the Regular Meeting of the Planning Commission and Site and Architectural Review Board at 6:30 p.m. PLEDGE OF ALLEGIANCE. The Pledge of Allegiance was led by Vice Chair Ceseña. Attendee NameTitleStatusArrived Tom ComstockChairmanPresent Tara CeseñaVice ChairPresent Edward A. GirouxCommissionerAbsent Jeffrey McConnellCommissionerPresent Jeremy BriggsCommissionerPresent Chairman TomComstock requested that Action Item No. 1, Selection of Planning Commission Chair and Vice Chair for Fiscal Year 2019-2020 be continued due to onditional Use Permit 18-03 andEnvironmental18-07;be heard before Action Item No. 2. AYES: Chairman Tom Comstock, Vice Chair Tara Ceseña, Commissioner Jeffrey McConnell, Commissioner Jeremy Briggs. NOES: None. ABSENT: Commissioner Edward Giroux. APPROVAL OF AGENDA 1.Motion: September 5, 2019 Approval of Agenda RESULT:ADOPTED \[UNANIMOUS\] AYES:TomComstock, Tara Ceseña, Jeffrey McConnell, Jeremy Briggs ABSENT:Edward A. Giroux City of Grand TerracePage 1 Packet Pg. 4 A.1 Minutes Grand Terrace Planning Commission/Site and Architectural Review Board September 5, 2019 PRESENTATIONS None. PUBLIC ADDRESS None. A.CONSENT CALENDAR Vice Chair Ceseña requested typographical error on Packet Page 24 be corrected to read Commissioner Briggs not Commissioner Bricks. Chairman Comstock asked staff to make the correction. 2. Approval of Minutes Regular Meeting 01/17/2019 RESULT: ACCEPTED \[UNANIMOUS\] MOVER: Tara Cesena, Vice Chair SECONDER: Jeremy Briggs, Commissioner AYES: Tom Comstock, Tara Cesena, Jeffrey McConnell, Jeremy Briggs ABSENT: Edward A. Giroux 3. Approval of Minutes Regular Meeting 02/21/2019 RESULT: ACCEPTED \[UNANIMOUS\] MOVER: Tara Cesena, Vice Chair SECONDER: Jeremy Briggs, Commissioner AYES: Tom Comstock, Tara Cesena, Jeffrey McConnell, Jeremy Briggs ABSENT: Edward A. Giroux 4. Approval of Minutes Regular Meeting 03/21/2019 RESULT: ACCEPTED \[UNANIMOUS\] MOVER: Tara Cesena, Vice Chair SECONDER: Jeremy Briggs, Commissioner Minutes Acceptance: Minutes of Sep 5, 2019 6:30 PM (CONSENT CALENDAR) AYES: Tom Comstock, Tara Cesena, Jeffrey McConnell, Jeremy Briggs ABSENT: Edward A. Giroux City of Grand Terrace Page 2 Packet Pg. 5 A.1 Minutes Grand Terrace Planning Commission/Site and Architectural Review Board September 5, 2019 5. Approval of Minutes Regular Meeting 04/18/2019 RESULT: ACCEPTED \[UNANIMOUS\] MOVER: Tara Cesena, Vice Chair SECONDER: Jeremy Briggs, Commissioner AYES: Tom Comstock, Tara Cesena, Jeffrey McConnell, Jeremy Briggs ABSENT: Edward A. Giroux 6. Approval of Minutes Regular Meeting 06/06/2019 RESULT: ACCEPTED \[UNANIMOUS\] MOVER: Tara Cesena, Jeremy Briggs AYES: Tom Comstock, Tara Cesena, Jeffrey McConnell, Jeremy Briggs ABSENT: Edward A. Giroux B.ACTION ITEMS 1. Selection of Planning Commission Chair and Vice-Chair for Fiscal Year 2019-2020 SELECT A PLANNING COMMISSION CHAIR AND VICE CHAIR FOR FISCAL YEAR 2019-2020 RESULT: CONTINUED Next: 9/19/2019 6:30 PM C.PUBLIC HEARINGS 3. Conditional Use Permit 18-03 and Environmental 18-07; a Proposal to Establish a Commercial Farming and Agricultural Uses and Ancillary Residence on Property Located at 21712 Vivienda Avenue Chairman Comstock reported that the Applicant dropped off a packet to his home for review. Robert Khuu, Assistant City Attorney asked if any other Commissioner received the Minutes Acceptance: Minutes of Sep 5, 2019 6:30 PM (CONSENT CALENDAR) packet. Vice Chair Tara Cesena and Commissioner Jeremy Briggs both reported that they received the packet from the applicant. Chairman Comstock announced that Commissioner Jeffrey McConnell has recused himself from the dais as he is the Applicant for this item. City of Grand Terrace Page 3 Packet Pg. 6 A.1 Minutes Grand Terrace Planning Commission/Site and Architectural Review Board September 5, 2019 Haide Aguirre, Assistant Planner gave the PowerPoint presentation for this item. She stated that the City received a total of 6 written letters in support of the project. The written comments were from Varner and Brandt representing Davis Family Trust, Mrs. Stormwell, Becky Giroux, Mrs. Norris, and Catanzarite Law Corporation. Assistant City Attorney Khuu noted for the record that Mr. McConnell has been escorted out of the room due to State conflict rules but is in a room that provides visual and audio accessibility. Chairman Comstock asked if the written comments are available for the public. Sandra Molina, Planning & Development Services Director confirmed that copies of the written communications are available to the public. Commissioner Briggs questioned why there were no onsite activities for the Applicant right now. Assistant Planner Aguirre responded that the Applicant would be required to make improvements to support onsite activities and the Applicant decided to modify the proposal at that time to reduce the requirements. on the Applicant's land and need to involve the community and youth school system. Vice Chair Ceseña asked for more clarification on the access drive-way road and where the access road is located. Chairman Comstock opened the Public Hearing at 7:03 p.m. Jeffrey McConnell, Applicant share his concerns with t that the Planning Commission waive the following conditions: o ADA requirements and place an EZ up tent o 300 feet of paving o Curb gutter and sidewalk requirements Minutes Acceptance: Minutes of Sep 5, 2019 6:30 PM (CONSENT CALENDAR) o Conduct all activities allowed by AG-2 Zoning o Clarify the requirements on Future development and changes o Public Works improvements o Expressed need to build metal building o California Cottage Law and to provide in writing if he is excused o Building and Safety General Issues o Disagrees on the Sewer lines for a 4x8 laundry room City of Grand Terrace Page 4 Packet Pg. 7 A.1 Minutes Grand Terrace Planning Commission/Site and Architectural Review Board September 5, 2019 Chairman Comstock clarifies asked Assistant City Attorney Khuu to if the requirements in the staff report are for the new structure or existing structure, selling produce requirements, and limitations on AG-2. Assistant City Attorney Khuu replied that any changes that the Applicant requests will require a permit for the Applicant to continue. The Applicant was escorted from the Council Chamber at 7:40 p.m. The following Grand Terrace residents are in support of the Applicant o Stephen R. Kendall o Wayne Whipple o Rita Schwark o Don Smith o Anne Hornsby o Hanni Bennett o Bill Mahoney o Bobbie Forbes o However, Ms. Forbes stated she is support as long as the Applicant complies with the conditions required by the City. o Loren Palmroth o Janese Makshanoff o Janet Rich o Darryl Moore o Chuck Hornsby o George Candray o Melissa Bush o Katie Gothrey The applicant entered the Council chamber at 8:12 p.m. The Applicant had the following statements for his rebuttal: o Cold-box cooler to keep produce cool during transportation is used Minutes Acceptance: Minutes of Sep 5, 2019 6:30 PM (CONSENT CALENDAR) o No chemicals used in farming Vice Chair Ceseña asked the Applicant if there were any other options (ex. box service, store fronts, etc.) that can be considered for alternatives. She was concerned about public safety at the location. The Applicant responded that box service and shipping produce is a possibility. As for the store front, he stated there is too much overhead. He would consider paving the parking area only. He stated that he would have it designed for an in and out service City of Grand Terrace Page 5 Packet Pg. 8 A.1 Minutes Grand Terrace Planning Commission/Site and Architectural Review Board September 5, 2019 and stated that no chairs would be provided and per his lawyer, ADA set up is not required. Chairman Comstock asked the Applicant for clarity of what is being proposed. The Applicant said that the original proposal was not an EZ up tent, rather it was the barn set up. With the ADA requirements and Public Works improvements, he decided to take sales out of the proposal. Assistant City Attorney Khuu announced rebuttal is closed and that the Planning Commission may ask questions of staff at 8:28 p.m. The Applicant wanted to address issues with staff. These are re-grandfather, growing of food and EZ up set up. Chairman Comstock stated that selling food is not in the proposal and modification of the application would be needed. The Applicant was escorted from the Council Chamber at 8:30 p.m. Chairman Comstock closed the Public Hearing at 8:30 pm. Commissioner Briggs stated that the conditions are too restrictive and that the Planning Commission should do whatever it can to allow the use. Vice Chair Ceseña is in support the project but is concerned regarding safety, accessibility, traffic in the area, and complying with ADA requirements. Chairman Comstock said that the conditions of approval, use of property, restrictions, and AG-2 requirements should be in writing. He stated that commercial operations on the gravel road has been set previously and is located in the commercial use zone. Therefore, a residential property to commercial activities should have commercial restrictions removed. Chairman Comstock asked staff to consider re-grandfathering the property. Minutes Acceptance: Minutes of Sep 5, 2019 6:30 PM (CONSENT CALENDAR) Commissioner Briggs added agreed that re-grandfathering should take place. Vice Chair Ceseña agreed on AG-2, easement access (not public), and removal of road improvements. She disagrees with the EZ up set up. Chairman Comstock asked if a will serve letter of access from the water company will justify legal documentation to fulfill the Building and Safety request, no modification on the structure since its preexisting. City of Grand Terrace Page 6 Packet Pg. 9 A.1 Minutes Grand Terrace Planning Commission/Site and Architectural Review Board September 5, 2019 Chairman Comstock received verbal confirmation from Fire Prevention Specialist, Mike Havens that the Applicant is working with the Fire Department to fulfill the requirements. Alan French, Director of Public Works confirmed no other Public Works requirement is needed at this time and the request for conditions should be in writing. Chairman Comstock recessed the Planning Commission and Site and Architectural Review Board meeting at 9:00 p.m. Chairman Comstock reconvened the Planning Commission and Site and Architectural Review Board meeting at 9:00 p.m. Due to legal requirements, Assistant City Attorney Khuu and City staff asked for a continuance to October 3, 2019 to provide answers to the Planning Commission questions. 1) CONDUCT A PUBLIC HEARING; AND 2 ADOPT A RESOLUTION OF THE PLANNING COMMISSION/SITE AND ARCHITECTURAL REVIEW BOARD OF THE CITY OF GRAND TERRACE, CALIFORNIA, ADOPTING AN ENVIRONMENTAL EXEMPTION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND APPROVING CONDITIONAL USE PERMIT 18-03 TO CONDUCT COMMERCIAL ORGANIC FARMING, AND AGRICULTURAL USES, AND ESTABLISHING AN ANCILLARY RESIDENTIAL USE ON A 5-ACRE LOT LOCATED AT 21712 VIVIENDA AVENUE -191-02) RESULT: CONTINUED Next: 10/3/2019 6:30 PM 2. A Recommendation of the Planning Commission to the City Council on Whether 24- Hour Uses Should be Subject to a Conditional Use Permit Sandra Molina, Planning and Development Director gave the presentation for this item. Minutes Acceptance: Minutes of Sep 5, 2019 6:30 PM (CONSENT CALENDAR) Chairman Comstock added that 24 hour uses could potentially bring unwanted activity in the community and is concerned for the safety of the community, health and safety. Commissioner McConnell agrees on an administrative use permit. Vice Chair Ceseña questioned what type of conditions can be placed for 24-hour businesses. City of Grand Terrace Page 7 Packet Pg. 10 A.1 Minutes Grand Terrace Planning Commission/Site and Architectural Review Board September 5, 2019 Director Molina answers that municipal codes have two different use permits (administrative and standard permits) and impacts are considered. Conditions can be placed on a case by case basis based on the use. Chairman Comstock states that on an administrative level controls could be placed to remedy control. Chairman Comstock opened the Public Hearing at 9:30 p.m. PUBLIC COMMENT Bobbie Forbes, Grand Terrace stated she is concerned with smoking in front of the businesses and the added traffic. Ricky Kormida, owner of Kaz Ramen addressed the smoking issue and stated there is a no smoking sign. He states the approval to open 24 hours has increased sales and provides people with different schedules to come into the business. Chairman Comstock closed that Public Hearing at 9:33 p.m. Commissioner McConnell continues to address traffic concerns, and that no smoking signs could be a condition. He assured that fast food restaurants in the City is safe with the 24-hour drive thru businesses. He supports and administrative conditional use permit and to be business friendly. Chairman Comstock asked staff if there are complaints from JB Bar. Director Molina stated that staff has received concerns from nearby businesses. Vice Chair Ceseña mentioned that security could be an option, for uses such as bars. Chairman Comstock responded that an administrative CUP is acceptable. Commissioner McConnell, Vice Chair Ceseña, and Commissioner Briggs agreed on the administrative CUP. Minutes Acceptance: Minutes of Sep 5, 2019 6:30 PM (CONSENT CALENDAR) Assistant City Attorney Khuu advised the Commission to make a motion recommending 2A, as revised. 1) PLANNING COMMISSION DISCUSSION ON WHETHER 24-HOUR USES SHOULD BE SUBJECT TO A CONDITIONAL USE PERMIT; AND 2) RECOMMEND ONE OF THE FOLLOWING OPTIONS: A. RECOMMEND THAT 24-HOUR SERVICES USES (I.E. City of Grand Terrace Page 8 Packet Pg. 11 A.1 Minutes Grand Terrace Planning Commission/Site and Architectural Review Board September 5, 2019 RESTAURANTS, BARS, FAST FOOD RESTAURANTS, ENTERTAINMENT USES, ETC.) ARE SUBJECT TO AN ADMINISTRATIVE CONDITIONAL USE PERMIT, AND DIRECT STAFF TO FORWARD THE RECOMMENDATION OF THE PLANNING COMMISSION TO THE CITY COUNCIL; RESULT: APPROVED \[UNANIMOUS\] MOVER: Tom Comstock, Chairman SECONDER: Jeffrey McConnell, Commissioner AYES: Tom Comstock, Tara Cesena, Jeffrey McConnell, Jeremy Briggs ABSENT: Edward A. Giroux D.INFORMATION TO COMMISSIONERS None. E. INFORMATION FROM COMMISSIONERS Commissioner McConnell asked if the City is monitoring or addressing the illegal dumping at Terrace Avenue. Director Molina responded that City staff monitors the area. Commissioner McConnell stated he will be reporting this matter to the City Council. ADJOURN Chairman Tom Comstock adjourned the Site and Architectural Review Board/Planning Commission meeting at 9:43 p.m. The Next Site and Architectural Review Board/Planning Commission meeting will be held on September 19, 2019 at 6:30 p.m. Minutes Acceptance: Minutes of Sep 5, 2019 6:30 PM (CONSENT CALENDAR) _________________________________ _________________________________ Tom Comstock, Chairman of the Grand G. Harold Duffey, Acting Director of Terrace Planning Commission Planning and Development Services Department City of Grand Terrace Page 9 Packet Pg. 12 A.2 CITY OF GRAND TERRACE PLANNING COMMISSION/SITE AND ARCHITECTURAL REVIEW BOARD MINUTES Council ChambersRegular Meeting6:30 PM CALL TO ORDER Chairman Tom Comstock convened the Regular Meeting of the Planning Commission and Site and Architectural Review Board for September 19, 2019 at 6:00 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Planning Commissioner EdwardGiroux. Attendee NameTitleStatusArrived Tom ComstockChairmanPresent Tara CesenaVice ChairPresent Edward A. GirouxCommissionerPresent Jeffrey McConnellCommissionerPresent Jeremy BriggsCommissionerPresent Sandra MolinaPlanning & Development Services DirectorPresent Robert KhuuAssistant City AttorneyPresent Haide AguirreAssistant PlannerPresent Debra ThomasCity ClerkPresent APPROVAL OF AGENDA 1.Motion: Motion to Approve Agenda RESULT:ADOPTED \[UNANIMOUS\] AYES:Comstock, Cesena, Giroux, McConnell, Briggs PRESENTATIONS None. PUBLIC ADDRESS None. City of Grand TerracePage 1 Packet Pg. 13 A.2 Minutes Grand Terrace Planning Commission/Site and Architectural Review Board September 19, 2019 A.CONSENT CALENDAR None. B.ACTION ITEMS 1. Selection of Planning Commission Chair and Vice-Chair for Fiscal Year 2019-2020 Sandra Molina, Planning and Development Services Director gave the staff report for this item. Planning Commissioner Jeremy Briggs moved, with a second from Edward Giroux to nominate Edward Giroux for the position of Vice-Chair for Fiscal Year 2019-2020. SELECT A PLANNING COMMISSION VICE-CHAIR FOR FISCAL YEAR 2019-2020 RESULT: APPROVED \[3 TO 1\] MOVER: Jeremy Briggs, Commissioner SECONDER: Edward A. Giroux, Commissioner AYES: Tom Comstock, Edward A. Giroux, Jeremy Briggs NAYS: Tara Cesena ABSTAIN: Jeffrey McConnell Planning Commissioner Jeremy Briggs moved, with a second from Edward Giroux to nominate Tom Comstock for the position of Chairman for Fiscal Year 2019-2020. SELECT A PLANNING COMMISSION CHAIR AND VICE CHAIR FOR FISCAL YEAR 2019-2020 RESULT: APPROVED \[4 TO 1\] MOVER: Jeremy Briggs, Commissioner SECONDER: Edward A. Giroux, Commissioner AYES: Tom Comstock, Tara Cesena, Edward A. Giroux, Jeremy Briggs ABSTAIN: Jeffrey McConnell Minutes Acceptance: Minutes of Sep 19, 2019 6:30 PM (CONSENT CALENDAR) C.PUBLIC HEARINGS 2. Zoning Code Amendment 19-01 and Environmental 19-11; a Proposed Ordinance to Amend Title 17 (Subdivisions) and Title 18 (Zoning) of the Grand Terrace Municipal Code to Establish Minimum Public Hearing Notification Requirements on Certain Development Related Projects Haide Aguirre, Assistant Planner gave the Power Point presentation for this item. City of Grand Terrace Page 2 Packet Pg. 14 A.2 Minutes Grand Terrace Planning Commission/Site and Architectural Review Board September 19, 2019 Vice-Chair Giroux asked if the amended public hearing notification requirements will affect voting for public officials established by the California Fair Political Practices Commission and the Government Code regulating public officials. Robert Khuu, Assistant City Attorney stated the Conflict of Interest rules are state law and the item before the Planning Commission is for noticing purposes only. Resolution of the Planning Commission/Site and Architectural Review Board of the City of Grand Terrace, California, Recommending that the City Council Find Zoning Code Amendment 19-01 Exempt from the California Environmental Quality Act and that the City Council Adopt Zoning Code Amendment 19-01 Amending Title 17 (Subdivisions) and Title 18 (Zoning) of the Municipal Code to Establish Minimum Public Hearing Director Molina also recommended the following change to the Resolution outlined on the City Council Finds that Zoning Code Amendment 19-01 Exempt from the California Chairman Comstock moved, with a second from Commission McConnell to approve the item as amended above. 1) CONDUCT A PUBLIC HEARING, AND 2) A RESOLUTION OF THE PLANNING COMMISSION/SITE AND ARCHITECTURAL REVIEW BOARD OF THE CITY OF GRAND TERRACE, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL FIND ZONING CODE AMENDMENT 19-01 EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND THAT THE CITY COUNCIL ADOPT ZONING CODE AMENDMENT 19-01 AMENDING TITLE 17 (SUBDIVISIONS) AND TITLE 18 (ZONING) OF THE MUNICIPAL CODE TO ESTABLISH MINIMUM PUBLIC HEARING NOTIFICATION REQUIREMENTS ON CERTAIN DEVELOPMENT RELATED PROJECTS RESULT: APPROVED \[UNANIMOUS\] MOVER: Tom Comstock, Chairman SECONDER: Jeffrey McConnell, Commissioner Minutes Acceptance: Minutes of Sep 19, 2019 6:30 PM (CONSENT CALENDAR) AYES: Comstock, Cesena, Giroux, McConnell, Briggs D.INFORMATION TO COMMISSIONERS None. City of Grand Terrace Page 3 Packet Pg. 15 A.2 Minutes Grand Terrace Planning Commission/Site and Architectural Review Board September 19, 2019 E.INFORMATION FROM COMMISSIONERS Chairman Comstock informed the Planning Commission he will not be available to attend the October 3, 2019 Planning Commission meeting. ADJOURN Chairman Comstock adjourned the Regular Meeting of the Site and Architectural Review Board/Planning Commission at 6:55 p.m. The next scheduled meeting of the Site and Architectural Review Board/Planning Commission will be held on October 3, 2019 at 6:30 p.m. _________________________________ _________________________________ Tom Comstock, Chairman of the Grand G. Harold Duffey, Acting Director of Terrace Planning Commission Planning and Development Services Department Minutes Acceptance: Minutes of Sep 19, 2019 6:30 PM (CONSENT CALENDAR) City of Grand Terrace Page 4 Packet Pg. 16 C.1 AGENDA REPORT MEETING DATE:December 12, 2019 TITLE:Zoning Code Amendment 19-02 to Amend Chapter 18.06 (Definitions) and Chapter 18.40 (M2 Industrial District) of the Zoning Code PRESENTED BY:Haide Aguirre, Assistant Planner RECOMMENDATION:1)Conduct a public hearing, and 2)Adopt A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GRAND TERRACE, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL MAKE A DETERMINATION THAT ZONING CODE AMENDMENT 19-02 IS EXEMPT FROM CEQA PURSUANT TO CEQA GUIDELINES SECTION 15061(b)(3) AND RECOMMENDING THE CITY COUNCIL AMEND CHAPTER 18.06 (DEFINITIONS) AND CHAPTER 18.40 (M2 INDUSTRIAL DISTRICT) OF TITLE 18 (ZONING) OF THE GRAND TERRACE MUNICIPAL CODE BY ADOPTING ZONING CODE AMENDMENT 19-02 2030 VISION STATEMENT: This staff report supports Goal #3 to promote economic development by preparing for future development by updating the zoning and development codes. PROPOSAL: Staff is requesting that the Commission consider amending the following sections: Amend Section 18.06.182 Contractor Storage Yard, definition,as follows: Contractor storage yardoperated by, or on behalf of, a state licensedcontractor for the storage of large equipment, vehicles,or other materials commonly used in the individuaThe facility may also includestorage of scrap materials used forrepair and ;and buildings or structures for uses such as offices and repair facilities. Amend Chapter 18.40 Industrial District, Section 18.40.030 -Conditionally Permitted Uses to add D. and the remaining uses renumbered; and amend Section 18.40.050 Site Development Standards, to add the street side yard setback of 15 feet with 5 feet of Packet Pg. 17 C.1 landscaping requirement. BACKGROUND: Last year, on March 1, 2018 and March 22, 2018, the Planning Commission conducted public hearings on Zoning Code Amendment (ZCA) 17-04 and Ordinance No. 319 (attached). ZCA 17-04 and Ordinance No. 319 were ultimately adopted by the City Council. ZCA 17-04 amended the Commercial Manufacturing (CM), Restricted Manufacturing (MR) and Industrial (M2) zone districts as they pertained to outdoor uses and storage in those zone districts. The amendment was changed to require a conditional use permit for uses that included outdoor uses and outdoor storage, including outdoor contractor storage yards and established development standards in those zone districts. In On October 24, 2019, the Planning Commission conducted a public hearing on Zoning Code Amendment 19-02, proposing to revise areas inadvertently omitted in Ordinance No. 319. The proposal would amend the M2-Industrial Zoning, Section 18.40.030 - to Office and Use, amend Section 18.40.050 Site Development Standards by adding the street side yard setback of 15 feet with 5 feet of landscaping, and revise the Contractor Storage Yard definition. At the public hearing, the Planning Commission expressed concern that by omitting the the City would be allowing contractor uses to park an unlimited number of vehicles, trucks, and equipment, which may include loaders, excavators, trucking trailers, haulers, and oversized vehicles. Another concern was that contractors do not use all their vehicles on a regular basis, some equipment may be parked unused for days; including, equipment in need of maintenance or repair. Ultimately, the Commission requested Staff to address their questions and consider restricting the number of vehicles depending on the type and size and set up standards identifying how long a non-operable vehicle may be parked on site. (attached): M2- Office, Contract Outdoor. Packet Pg. 18 C.1 Responses to the Comments/Questions Raised at the October 24, 2019, Planning commission hearing Zoning Code Amendment 19-02. Contractor Storage definitions and process comparison from nearby Cities. DISCUSSION: General Plan and Zoning Consistency: The M2-Industrial zoning is the highest intensity designation and is mostly located to the north, north-west, and south-west of the City Borders. The Industrial zoning designation permits uses that can be made compatible with other surrounding uses within the City regarding noise, dust, odors, vibration, glare, air quality, traffic, aesthetics, and hazardous materials. Typical uses may include manufacturing and assembly, warehouse and distribution, research and development, administrative and service land uses. are consistent with the Industrial zoning designation and the use is similar to other uses permitted by right. For example: d esale which approval includes business vehicles. Medium Manufacturing is also an Industrial use permitted by right in the Industrial zoning designation, which activities typically include manufacturing, compounding of materials, assembly, fabrication, processing, or packaging which may involve frequent large container truck traffic, the transport of large-scale bulky products or rail traffic. Uses permitted by right within the Industrial zoning designation do not require a CUP to park their business vehicles; , which allows a State License Contractor to have a Contra-Industrial zone where vehicles are stored outdoors as a permitted use. For example, under the proposed revisions, a contractor would be able to store vehicles typically used in their day-to-day business (e.g., a Under the current definition, a contractor would have to store these vehicles indoors or, if, kept outdoors, would have to first seek a CUP from the City. The Industrial zoning designation, as identified on the previous paragraphs permits higher intensity uses where day to day activities include business vehicles and frequent truck traffic. Based upon this, the proposed change is a consistency change in that it would treat Contractor Offices like the other uses in the Industrial zoning designation. Offices to use a CUP to restrict the number of business vehicles, the City would be singling out a use that is comparable and even less Packet Pg. 19 C.1 intensive than other uses permitted by right in the in the M2-Industrial District (pursuant to Chapter 18.40 M2-Industrial District, Section 18.40.020 Permitted Uses). However, the parking requirements for all business in the Industrial zoning designation are reviewed through the entitlement process, which will affect the number of business vehicles that may be kept on site. Yet the proposed revision to the definition to would still trigger a CUP review process for a Contractors Outdoor Storage Yard of large equipment. and As an example, t with Indoor Storage, and Outdoor Storage is the following: uses are permitted by right and are consistent with the Industrial zoning designation. There is no indoor or outdoor storage of materials included with this type of approval. However, with the revised definition, vehicles used by a contractor to conduct day to day operations site to carry out services) could be kept outdoors. are permissible by right and are consistent with the Industrial zoning designation. These types of uses require inside storage of materials; however, vehicles typically used by a contractor to conduct their day to day operations services) may be stored outdoors under the revised definition. are consistent with the industrial zoning designation; however, the entitlement process requires a Conditional Use Permit to ensure that the materials stored are properly screened from adjacent sites and public view, and standards for setbacks, parking, circulation, security, and safety, have been addressed. Under the revised definition, the vehicles typically used by a contractor to conduct their day to day operations would not trigger a CUP; however, as an example, outdoor All the uses permitted by right or conditionally permitted under the M2-Industrial zoning require compliance with the site development standards of the zoning designation, which includes review and compliance with the following areas: Chapter 18.60 Off-street-parking, which establishes parking requirements and regulations to ensure that adequate facilities are provided to meet the needs created by specific land uses. The number of parking spaces required are determined by the proposed use and the building square footage. Section 18.60.040 (E) (9) requires all parking areas to be screened from view from public streets and adjacent less intensive uses by requiring three-foot walls, Packet Pg. 20 C.1 fences, or landscaping. This section also includes provisions for paving, lighting and striping. Section 18.60.050 allows the Planning Director to request additional requirements if it is determined that additional conditions are needed to avoid a negative impact on existing or potential uses adjacent to or in the vicinity of the project. Comparison with nearby Cities: Staff has included a table stating the Cities of Loma Linda, Riverside, Colton and Perris. in the Industrial Zoning. The Cities of Colton and Perris a Conditional Use Permit. Whether entitlement process is permitted by right or with a CUP, the use requires compliance with the standards established by the underlying zone district. The same way the City of Grand Terrace reviews uses permitted in the M2-Industrial Zoning, which includes provisions for design standards and parking requirements. ENVIRONMENTAL REVIEW: The ZCA 19-02 is exempt from the California Environmental Quality Act (CEQA) pursuant to the Section 15061(b)(3) of Title 14 the California Code of Regulations because the revisions to this ordinance will not significantly impact traffic, noise, aesthetics, or any other environmental condition. PUBLIC NOTICE: Public notice was provided in accordance with state law by publishing a legal advertisement in the Grand Terrace City News and posting the hearing notice in three public places. CONCLUSION: Staff recommends that the Planning Commission conduct a public hearing and adopt a resolution recommending that the City Council determine that Zoning Code Amendment 19-02 is exempt from CEQA pursuant CEQA Guidelines Section 15061(b)(3) and recommending approval of Zoning Code Amendment 19-02. ATTACHMENTS: Resolution Recommending ZCA 19-02 (DOC) Packet Pg. 21 C.1 Exhibit A of Resolution Proposed changes to the Municipal Code_11.9.2019 (DOC) Contractor's Office and Contractor's Storage Yard Requirements_11.7.2019 (DOCX) Staff Responses to the Planning Commission Meeting 10.24.2019(DOCX) Contractor Storage Definitions Comparison from nearby Cities_11.9.2019 (DOCX) Ordinance 319 (PDF) APPROVALS: Haide Aguirre Skipped 12/04/2019 10:15 AM City Attorney Completed 12/05/2019 10:28 AM City Manager Completed 12/04/2019 5:56 PM Planning Commission/Site And Architectural Review Board Pending 12/12/2019 6:30 PM Packet Pg. 22 C.1.a RESOLUTION NO. 2019- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GRAND TERRACE, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL MAKE A DETERMINATION THAT ZONING CODE AMENDMENT 19-02 IS EXEMPT FROM CEQA PURSUANT TO CEQA GUIDELINES SECTION 15061(b)(3) AND RECOMMENDING THE CITY COUNCIL AMEND CHAPTER 18.06 (DEFINITIONS) AND CHAPTER 18.40 (M2 INDUSTRIAL DISTRICT) OF TITLE 18 (ZONING) OF THE GRAND TERRACE MUNICIPAL CODE BY ADOPTING ZONING CODE AMENDMENT 19-02 WHEREAS, been amended from time to time; and WHEREAS, the City Council adopted a comprehensive General Plan on April 27, 2010, which contains a Land Use Element that includes Industrial and Floodplain Industrial land use designations; WHEREAS, the General Plan Industrial land use designation is intended those uses that can be made compatible with other surrounding uses within the City regarding noise, dust, odors, vibration, glare, air quality, traffic, aesthetics, and hazardous materials. Typical uses may include light manufacturing and assembly, small scale warehousing and distribution, research and development, and administrative and service types of uses. WHEREAS, of the Grand . WHEREAS, pursuant to Sections 65800 and 65850 of the California Government Code, the City may adopt ordinances to regulate the use of buildings, structures, and land as between industry, business, residences, and open space, and other purposes; to regulate the location, height, bulk, number of stories and size of buildings and structures, the size and use of lots, yards, courts and other open spaces, the percentage of a lot which may be occupied by a building or structure, and the intensity of land use; and to establish requirements for off-street parking, in compliance with the California Government Code. WHEREAS, pursuant to the California Environmental Quality Act (hereinafter et seq.) and State CEQA guidelines (Sections 15000 et seq.) the Ordinance is exempt pursuant to Section 15061(b)(3) of Title 14 the California Code of Regulations because the Attachment: Resolution Recommending ZCA 19-02 \[Revision 1\] (Zoning Code Amendment 19-02 - Contractor Storage Yards) revisions to this ordinance establish regulations for uses that are consistent with the General Plan and Zoning Code; and Packet Pg. 23 C.1.a WHEREAS, Zoning Code Amendment 19-02, which is more particularly proposes the following changes to Title 18 of the Grand 1. Amends Section 18.06.182 Contractor Storage Yard. 2. Amends Chapter 18.40 Industrial District, Section 18.40.030 - Conditionally Permitted Uses by adding a new conditionally permitted use ; and 3. Amends Section 18.40.050 Site Development Standards, to add a street side yard setback of 15 feet with 5 feet of landscaping requirement. WHEREAS, on December 12, 2019, the Planning Commission of the City of Grand Terrace conducted a duly noticed public hearing at a special meeting of the Planning Commission on Zoning Code Amendment 19-02, Grand Terrace City Hall Council Chambers located 22795 Barton Road and concluded the hearing on that date. WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred. NOW THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Grand Terrace, as follows 1. The Planning Commission hereby specifically finds that all of the facts set forth in the above Recitals, are true and correct, and are incorporated herein by this reference. 2. Based on substantial evidence presented to the Planning Commission during the public hearings, including public testimony, and written and oral staff reports, the Planning Commission hereby finds that Zoning Code Amendment 19-02 is exempt from environmental review under the California Environmental Quality pursuant to Section 15061(b)(3) of Title 14 the California Code of Regulations because the revisions are regulatory in nature and will not in themselves create impacts to the environment. 3. Based on substantial evidence presented to the Planning Commission during the public hearings, including public testimony, and written and oral staff reports, the Planning Commission specifically finds as follows with regard to Zoning Code Amendment 19-02: a. The proposed amendment will not be detrimental to the health, safety, morals, comfort or general welfare of the persons residing or working Attachment: Resolution Recommending ZCA 19-02 \[Revision 1\] (Zoning Code Amendment 19-02 - Contractor Storage Yards) within the neighborhood of the proposed amendment or within the city or Packet Pg. 24 C.1.a injurious to property because the amendment is consistent with Ordinance No. 319 which is intended to insure that outdoor uses and activities are properly regulated to mitigate impacts. b. The proposed amendment is consistent with the latest adopted general plan, because the proposed amendments conform and promote the Grand Terrace General Plan. 4. Based upon the above findings and determinations, this Planning Commission hereby recommends that the City Council find the Project exempt from CEQA. 5. The Planning Commission hereby further recommends that the City Council adopt Zoning Code Amendment 19-02, which is attached hereto as Exhibit A of this Resolution. PASSED AND ADOPTED by the Planning Commission of the City of Grand Terrace, th California, at a public hearing/special meeting held on the 12 day of December 2019. AYES: NOES: ABSENT: ABSTAIN: ATTEST: __________________________ __________________________ Debra L. Thomas, CMC Tom Comstock City Clerk Chairman Attachment: Resolution Recommending ZCA 19-02 \[Revision 1\] (Zoning Code Amendment 19-02 - Contractor Storage Yards) Packet Pg. 25 C.1.b Exhibit A Section 18.06.182 (Contractor storage yard) of Chapter 18.06 of Title 18 of the Grand Terrace Municipal Code is revised as follows: Contractor storage yardtorage yards operated by, or on behalf of, a state licensed contractor for storage of large equipment, vehicles, or other materials . The facility may also include; equipment; and buildings or structures for uses such as offices and repair facilities. Section 18.40.030 (Conditionally permitted uses) of Chapter 18.40 of Title 18 of the Grand Terrace Municipal Code is revised as follows: 18.40.030 - Conditionally permitted uses. Uses permitted in the M2 district with a conditional use permit are as follows: A. Automotive related services (includes motorcycles, boats, recreational vehicles, trailers and campers): 1. Sales (new and used vehicles), 2. Service stations; B. Funeral homes (with crematory services); C Building supplies and sales (wholesale and retail), outdoor; D office and storage yard, outdoor; DE. Heavy equipment sales and repair, outdoor EF. Plant nurseries, wholesale, outdoor; FG. Public storage facilities, with, outdoor; GH. Public utilities and facilities HI. Recreational facilities; IJ. Recreational vehicle storage, outdoor; JK. Modular units for business office or headquarter purposes only; KL. Other uses which are determined by the planning commission to be similar in nature to a use listed in this section. Attachment: Exhibit A of Resolution Proposed changes to the Municipal Code_11.9.2019 \[Revision 1\] (Zoning Code Amendment 19-02 - Packet Pg. 26 C.1.b Section 18.40.050 (Site development standards) of Chapter 18.40 of Title 18 of the Grand Terrace Municipal Code is revised as follows: 18.40.050 - Site development standards. Site development standards in the M2 district are as follows: Development Issue Standard Lot Area 20,000 (Minimum square feet) Lot Width 70 (Minimum linear feet) Lot Depth 100 (Minimum linear feet) Street Frontage 70 (Minimum linear feet) Setbacks (Minimum linear feet) front yard landscape setback rear yard (except when adjacent to a lot in an R District, then 0 25 feet, with 10 foot landscape setback) side yard (except when adjacent to a lot in an R district, then 25 0 feet, with 10 foot landscape setback) 15, with street side yard setback Height 35 (minimum linear feet) Lot Coverage (maximum percent, less the required parking, setbacks, and 100 landscaping) Attachment: Exhibit A of Resolution Proposed changes to the Municipal Code_11.9.2019 \[Revision 1\] (Zoning Code Amendment 19-02 - Packet Pg. 27 M2-Industrial District ; Indoor, and Contractor Storage Yard; Outdoor Proposed Use Entitlement Process Basis for Requirement Procedure 1 Permitted Use, by right The M2 District allows for the uses require compliance with development of medium manufacturing the M2-Industrial Zoning and industrial uses. The regulations of this district are intended to allow various A ffice use manufacturing and industrial uses which or outdoor storage; however, vehicles typically operate free of overly excessive noise, used by contractors to conduct their day to day dust, odor or other nuisances and can operations are permi be made compatible to other The use requires compliance with the following: (nonindustrial) districts. Site Development Standards, Section 18 permitted by which establishes the setback requirements. right and are consistent with the Industrial zoning, which allows vehicles Section 18.40.060, Storage and trash facilities, typically used to conduct the business which identifies standards and day to day operations. screening outdoor storage. Chapter 18.80 Off-street parking requirements and regulations to ensure that adequate facilities are provided to meet the needs created by specific land uses. The number of parking spaces re proposed use and the building square footage. Section 18.60.040 (E) (9) requires all parking areas to be screened from view from public streets and adjacent less intensive uses by walls, fences, or landsc includes provisions for paving, lighting and striping. In addition, Section 18.60.050 Director to request additional requirements if it is determined that additional requirements are needed to avoid a negative impact on existing or potential uses adjacent to or in the vicinity of the project. Page 1 of 3 M2-Industrial District ; Indoor, and Contractor Storage Yard; Outdoor Proposed Use Entitlement Process Basis for Requirement 2Permitted Use, by right The M2 District allows for the development Yards with indoor storage Yard; Indoor of medium manufacturing and industrial compliance with the M2 uses. The regulations of this district are requirements, including: New Section 18.06.182 intended to allow various manufacturing Contractor Storage Yard and industrial uses which operate free of Site Development Standards, Section overly excessive noise, dust, odor or other 18.40.050, which nuisances and can be made compatible to requirements. Definition: other (nonindustrial) districts. Section 18.40.060, Storage and trash facilities, Yards with indoor storage are which identifies standards and requirements for means storage yards permissible by right and are consistent screening outdoor storage. operated by, or on behalf with the Industrial zoning designation. of, a state licensed Chapter 18.80 Off contractor for the storage These type of uses require inside storage parking requirements and regulations to ensure of large equipment, of materials; however, vehicles typically that adequate facilities are provided to meet the vehicles, or other materials used by a contractor to conduct their day needs created by specific land uses. The commonly used in the to day operations are permitted by right to number of parking spaces required are be parked outside and standards for determined by the proposed use and the of business. The facility vehicles have already being established by building square footage. may also include storage of the Off-street Parking requirements. scrap materials used for Section 18.60.040 (E) (9) requires all parking repair and maintenance of Other permitted uses by right within the areas to be screened from view from public Industrial zoning which day to day activities streets and adjacent less intensive uses by equipment; and buildings include vehicles are: requiring three-foot walls, fences, or or structures for uses such landscaping. This section also includes as offices and repair provisions for paving, lighting and striping. Agricultural and nursery supplies and facilities. services, automotive related services for In addition, Section 18.60.050 allows the the wholesale and retail of parts and Planning Director to request additional supplies, rentals, and repair. including conditions if it is determined that additional motorcycles, boats, recreational vehicles, requirements are needed to avoid a negative trailers and campers, building maintenance impact on existing or potential uses adjacent to services, manufacturing-light and medium or in the vicinity of the project. facilities, and wholesale storage and distribution facilities, to mention a few. Page 2 of 3 M2-Industrial District ; Indoor, and Contractor Storage Yard; Outdoor Proposed Use Entitlement Process Basis for Requirement Procedure 3Conditional Use Permit The M2 District allows for the Yard; Outdoor development of medium manufacturing compliance with the M2 and industrial uses. The regulations of requirements, including: New Section 18.06.182 this district are intended to allow various Contractor Storage Yard manufacturing and industrial uses which Site Development Standards, Section 18 operate free of overly excessive noise, which establishes the setback requirements. Definition: dust, odor or other nuisances and can be made compatible to other (nonindustrial) Section 18.40.060, Storage and trash facilities, districts. which identifies standards and means storage yards screening outdoor storage. operated by, or on behalf with outdoor storage of, a state licensed are consistent with the industrial zoning Chapter 18.80 Off-street contractor for the storage designation; however, the entitlement parking requirements and regulations to ensure of large equipment, process requires a Conditional Use that adequate facilities are provided to meet the vehicles, or other materials Permit to ensure that the materials needs created by specific land uses. The number commonly used in the stored are properly screened from of parking spaces re adjacent sites and public view, and proposed use and the building square footage. of business. The facility standards for setbacks, parking, may also include storage of circulation, security, and safety, have Section 18.60.040 (E) (9) requires all parking areas scrap materials used for been addressed. to be screened from view from public streets and repair and maintenance of adjacent less intensive uses by requiring three Definition: walls, fences, or landsca equipment; and buildings includes provisions for paving, lighting and striping. or structures for uses such New Section 18.06.587 Outdoor Display as offices and repair In addition, Section 18.60.050 allows the Planning facilities. Outdoor display or storage means an Director to request additional requirements if it is outdoor arrangement of objects, items, determined that additional products or other materials, typically not to avoid a negative imp in a fixed position and capable of uses adjacent to or in the vicinity of the project. rearrangement. The vehicles typically used by a contractor to conduct their day to day operations are permitted by right to be parked outside and standards for vehicles have already being established by the Off-street Parking requirements. Page 3 of 3 Responses to the Comments/Questions Raised at the October 24,2019 Planning Commission Hearing Zoning Code Amendment 19-02 Commission Question / Staff Response Basis for the Requirement and Comment 1Chairman Comstock, Yes, the proposed Zoning Code Amendment The M2 District allows for the development of medium requested the following modifies the definition specifically for manufacturing and industrial uses. The regulations of this district clarification: Contractor Storage Yard uses. are intended to allow various manufacturing and industrial uses which operate free of overly excessive noise, dust, odor or other amendment is regarding Based on the CStaff nuisances and can be made compatible t is proposing to modify Section 18.06.182 districts. regarding any other uses such Contractor Storage Yard, definition, as an auto repair or trucking follows: s and a business; we are talking about consistent with the Industrial zoning designation and the use is similar in nature to other uses permitted by right strictest term of the definition, yards operated by, or on behalf of, a state someone who is involve in the licensed contractor for the storage of large For example: Agricultural and Nursery construction or demolition or equipment, vehicles, or other materials Automotive Relates Services for parts and supplies, rentals and subcontracting of some sort commonly used in the individual contr repair, Building Maintenance Services, Communication within the terms of type of business. The facility may also Heavy Equipment sales and services, and construction, is that the include storage of scrap materials used for Distribution Facilities, are a few examples right, which day to day operations require the use of business equipment; and buildings or structures for vehicles. uses such as offices and repair facilities. Medium Manufacturing is also an Industrial use permitted by right which activities typically include manufacturing, compounding of materials, assembly, fabrication, processing, or packaging which may involve frequent large container truck traffic, the transport of large-scale bulky products or rail traffic produce odors, noise, vibrations, illumination or particulates which may affect other uses on the same site or vicinity. The resulting product may be semi-finished so as to become a component for further fabrication, assembly and packaging and directed to inter plat transfer or to other industrial uses. The parking of business vehicles of uses permitted by right not require a CUP; therefore, Staff is proposing omitting the word from the Responses to the Comments/Questions Raised at the October 24,2019 Planning Commission Hearing Zoning Code Amendment 19-02 Commission Question / Staff Response Basis for the Requirement and Further Clarification Comment 2Chairman Comstock stated the The proposed Zoning Code Amendment is The M2 District allows for the development of medium following: manufacturing and industrial uses. The regulations of this district are intended to allow various manufacturing and industrial uses which operate free of overly excessive noise, dust, odor or other limit the number of trucking. A A trucking yard would not be classified as a nuisances and can be made compatible to other (nonindustrial) couple of times we have had Contractor Storage Office or a Contractor districts. trucking companies submit an Storage Yard. application and many of the All of the uses permitted in the M2-Industrial zoning residents in the City did not use of vehicles for the businesses to conduct their day to day want that. I want to make sure with Indoor Storage are permitted by right in operations. that we do not leave the code the M2-Industrial Zoning. so open that something could For instance, be put in against the residents wishes. We certainly do not consistent with the industrial zoning - want to see 160 diesel trucks designation; however, the entitlement and activities typically include manufacturing, compounding of store anywhere in the City process requires a Conditional Use Permit materials, assembly, fabrication, processing, or packaging which because of the air pollution it to ensure that the materials stored are may involve frequent large container truck traffic, the trans creates and the noise. I want properly screened from adjacent sites and of large-scale bulky products or rail traffic. to make sure that we limit it to public view, and standards for setbacks, contractor construction type parking, circulation, security, and safety, have been addressed. use by right, which day to day operations require the transportation/distribution of goods and services. Commissioner Briggs stated the following: vices, for parts, supplies, rentals and repair, and Heavy equipment sales and services permitted uses by right, which use allows the parking of vehicles we are not offering trucking companies to come down for just storing vehicles without a uses permitted by right, which day to day activities include the use CUP of vehicles. The parking of business vehicles of uses permitted by right should not require a CUP; therefore, Staff is proposing definition. Responses to the Comments/Questions Raised at the October 24,2019 Planning Commission Hearing Zoning Code Amendment 19-02 Issue Raised /Request Made Staff Response Basis for the Requirement and Further Clarification 3Commissioner Briggs does not uses require compliance with feel comfortable removing the the M2-Industrial Zoning requirements. A compliance with the M2-Industial Zoning requirements, including: the definition open for contractors outdoor storage; however, vehicles typically used to park an unlimited number of by contractors to conduct their day to day Site Development Standards, Section 18 construction vehicles. operations are permitted by right. establishes the setback requirements. Section 18.40.060, Storage and trash facilities, which in size and weight such as loaders identifies standards and requirements for screening are and excavators, which get haul by outdoor storage. permissible by right and are consistent with the large heavy-duty vehicles as part Industrial zoning designation. These type of uses Chapter 18.80 Off-street-parking establishes parking require inside storage of materials; however, requirements and regulations to ensure that adequate vehicles typically used by a contractor to conduct contractors have trucking trailers facilities are provided to meet the needs creat their day to day operations are permitted by right to on site. I think any vehicles should specific land uses. The number of parking spaces be parked outside and standards for vehicles have required are determined by the proposed use and the already being established by the Off-street Parking building square footage. requirements. Section 18.60.040 (E) (9) requires all parking areas to be screened from view from public streets and adjacent are less intensive uses by requiring three consistent with the industrial zoning designation; or landscaping. This section also includes provisions for however, the entitlement process requires a paving, lighting and striping. Conditional Use Permit to ensure that the materials stored are properly screened from adjacent sites In addition, Section 18.60.050 allows the Planning and public view, and standards for setbacks, Director to request additional requirements if it is parking, circulation, security, and safety, have been determined that additional conditions are needed to addressed. avoid a negative impact on existing or potential uses adjacent to or in the vicinity of the project. The vehicles typically used by a contractor to conduct their day to day operations are permitted by right to be parked outside and standards for vehicles have already being established by the Off- street Parking requirements. Responses to the Comments/Questions Raised at the October 24,2019 Planning Commission Hearing Zoning Code Amendment 19-02 Staff Response Basis for the Requirement and Further Issue Raised /Request Made Clarification 4Commission Briggs stated that a See response on item No. 3 See response on item No. 3 number of vehicles should be limited and moving equipment vehicles should require a CUP. trailers, unless they are allowed. If there is a small cable company or roofing company that uses utility trucks the number of vehicles should be limited to no more than five. If you are going to be moving large equipment with an oversize vehicle that triggers an overload permits, wide load, City and/or State permits, should trigger a CUP. Chairman Comstock added that not all vehicles are used all the time, some vehicles sit unused for days, weeks, and months, and that happens frequently. Commissioner Cesena likes the idea to limit the number of vehicles permitted to be stored outside. 5Commissioner Briggs asked if this No, this Amendment addressing areas that got inadvertently omitted from the adoption of Ordinance No. 319, amendment is to benefit any application that we have on file. Industrial Zoning areas in the City. Contractor Storage Yard/Outdoor Storage Uses City of Loma Linda, Colton, Riverside, and Perris /źƷǤ 5ĻŅźƓźƷźƚƓƭ 9ƓƷźƷƌĻƒĻƓƷ tƩƚĭĻƭƭ .ğƭźƭ ŅƚƩ wĻƨǒźƩĻƒĻƓƷ Loma Linda /ƚƓƷƩğĭƷƚƩƭ —ğƩķ͵ An outdoor storage is permitted by right in The C-M Commercial facility operated by, or on behalf of, a state-the C-M Commercial Manufacturing Manufacturing zone intent is to licensed contractor for the storage of large Zoning. accommodate light industrial equipment, vehicles, and/or other uses such as manufacturing, materials commonly used in the individual assembly, warehousing, and distribution business may also include storage of scrap materials used for repair and maintenance of The use requires compliance with Chapter 17.40 Commercial structures for uses including offices and and Industrial Zones. repair facilities. 9ƓĭƌƚƭĻķ {ƷƚƩğŭĻ {ƷƩǒĭƷǒƩĻƭ The storage of various materials entirely within an enclosed structure, as the primary use of the structure. The storage of materials, supplies, and products clearly secondary and incidental to a primary use is not considered a land use separate from the primary or main use. hǒƷķƚƚƩ {ƷƚƩğŭĻ CğĭźƌźƷǤ͵ The storage of goods, equipment, or materials outside and enclosed structure for any purpose other than outside sales and display. Page 1 of 4 Contractor Storage Yard/Outdoor Storage Uses City of Loma Linda, Colton, Riverside, and Perris /źƷǤ 5ĻŅźƓźƷźƚƓƭ 9ƓƷźƷƌĻƒĻƓƷ tƩƚĭĻƭƭ Colton No definition found /ƚƓƷƩğĭƷƚƩ {ƷƚƩğŭĻ —ğƩķΉ/ƚƩƦƚƩğƷźƚƓ Contractor Storage Yards are permitted with a Conditional Yard/Corporation review requires Use Permit in the following zonings: a conditional use permit and compliance with M-2 Heavy Industrial Zone is Chapter 18.26 intended to include heavy Zone manufacturing, distribution, assembly, storage and similar Chapter 18.28 activities. Industrial Zone M-1 Light Industrial Zone is intended to provide a variety of Chapter 18.36 fabrication, manufacturing, parking and loading requirements assembly, distribution, and warehouse uses. Chapter 18.40 Requirements, Section 18.40.020 Screening of open storage areas. Page 2 of 4 Contractor Storage Yard/Outdoor Storage Uses City of Loma Linda, Colton, Riverside, and Perris /źƷǤ 5ĻŅźƓźƷźƚƓƭ 9ƓƷźƷƌĻƒĻƓƷ tƩƚĭĻƭƭ Riverside {ƷƚƩğŭĻ ǤğƩķ means an area where work hǒƷķƚƚƩ {ƷƚƩğŭĻ —ğƩķƭ as a primary use Outdoor Storage Yards require tools, scrap materials, etc. used in the repair are permitted in the following zonings: compliance with Chapter 19.150-and maintenance of equipment commonly Based Zoned used in individual types of manufacturing or Chapter 19.285 I-Industrial zoning is permitted Permitted Land maintenance business are stored, whether Yards which includes by right if the use meets all the Uses inside or outside. Storage yards may also requirements for site location, requirements of Chapter 19.285 include buildings or structures for uses such operation, development Outdoor Storage Yard; as offices and repair facilities. standards, screening, and otherwise a Minor Conditional modifications. Use Permit is required. hǒƷķƚƚƩ ƭƷƚƩğŭĻ means an outdoor BMP-Business Manufacturing arrangement of objects, items, products or Park with a Minor Conditional other materials, typically not in a fixed Use Permit. position and capable of rearrangement. CG-General Commercial Zone with a Conditional Use Permit. Page 3 of 4 Contractor Storage Yard/Outdoor Storage Uses City of Loma Linda, Colton, Riverside, and Perris /źƷǤ 5ĻŅźƓźƷźƚƓƭ 9ƓƷźƷƌĻƒĻƓƷ tƩƚĭĻƭƭ Perris hǒƷķƚƚƩ ƭƷƚƩğŭĻ means an area located hǒƷķƚƚƩ ƭƷƚƩğŭĻ ğƓķ ğĭƷźǝźƷźĻƭ are Outdoor storage and outside of a building or structure which is permitted with a Conditional Use Permit review require screened from view and is used for the in the following zonings: the following: placement of goods, supplies or stock which is intended for future use. (Chapter 19.08-Chapter 19.44 GI General Industrial Zone Definitions) all the standards included on the provides for the development of chapter, such as parking, design, general industrial uses which landscape, signs, and specific may support a wide range of standards. manufacturing uses, including warehousing and distribution Chapter 19.08 facilities. a conditional use permit an LI Light Industrial Zone provides compliance with Chapter 18.26 for light industrial uses and 1 Light Industrial Zone, is intended related activities including to provide a variety of fabrication, manufacturing, research, manufacturing, assembly, warehouse and distribution, distribution, and warehouse uses assembly of non-hazardous Chapter 18.28 products/materials, and retail Industrial Zone, is intended to related to manufacturing. include heavy manufacturing, distribution, assembly, storage and similar activities. Page 4 of 4 C.1.f Attachment: Ordinance 319 (Zoning Code Amendment 19-02 - Contractor Storage Yards) Packet Pg. 39 C.1.f Attachment: Ordinance 319 (Zoning Code Amendment 19-02 - Contractor Storage Yards) Packet Pg. 40 C.1.f Attachment: Ordinance 319 (Zoning Code Amendment 19-02 - Contractor Storage Yards) Packet Pg. 41 C.1.f Attachment: Ordinance 319 (Zoning Code Amendment 19-02 - Contractor Storage Yards) Packet Pg. 42 C.1.f Attachment: Ordinance 319 (Zoning Code Amendment 19-02 - Contractor Storage Yards) Packet Pg. 43 C.1.f Attachment: Ordinance 319 (Zoning Code Amendment 19-02 - Contractor Storage Yards) Packet Pg. 44 C.1.f Attachment: Ordinance 319 (Zoning Code Amendment 19-02 - Contractor Storage Yards) Packet Pg. 45 C.1.f Attachment: Ordinance 319 (Zoning Code Amendment 19-02 - Contractor Storage Yards) Packet Pg. 46 C.1.f Attachment: Ordinance 319 (Zoning Code Amendment 19-02 - Contractor Storage Yards) Packet Pg. 47 C.1.f Attachment: Ordinance 319 (Zoning Code Amendment 19-02 - Contractor Storage Yards) Packet Pg. 48 C.1.f Attachment: Ordinance 319 (Zoning Code Amendment 19-02 - Contractor Storage Yards) Packet Pg. 49 C.1.f Attachment: Ordinance 319 (Zoning Code Amendment 19-02 - Contractor Storage Yards) Packet Pg. 50 C.1.f Attachment: Ordinance 319 (Zoning Code Amendment 19-02 - Contractor Storage Yards) Packet Pg. 51 C.1.f Attachment: Ordinance 319 (Zoning Code Amendment 19-02 - Contractor Storage Yards) Packet Pg. 52 C.1.f Attachment: Ordinance 319 (Zoning Code Amendment 19-02 - Contractor Storage Yards) Packet Pg. 53 C.1.f Attachment: Ordinance 319 (Zoning Code Amendment 19-02 - Contractor Storage Yards) Packet Pg. 54 C.1.f Attachment: Ordinance 319 (Zoning Code Amendment 19-02 - Contractor Storage Yards) Packet Pg. 55 C.1.f Attachment: Ordinance 319 (Zoning Code Amendment 19-02 - Contractor Storage Yards) Packet Pg. 56 C.1.f Attachment: Ordinance 319 (Zoning Code Amendment 19-02 - Contractor Storage Yards) Packet Pg. 57 C.1.f Attachment: Ordinance 319 (Zoning Code Amendment 19-02 - Contractor Storage Yards) Packet Pg. 58 C.2 AGENDA REPORT MEETING DATE:December 12, 2019 TITLE:Site and Architectural Review 19-08, Variance 19-01 and Environmental 19-09, Located at 22172 Barton Road, Grand Terrace, CA 92313 PRESENTED BY:Haide Aguirre, Assistant Planner RECOMMENDATION:1)Conduct a public hearing; and 2 Adopt a RESOLUTION OF THE PLANNING COMMISSION AND ARCHITECTURAL REVIEW BOARD OF THE CITY OF GRAND TERRACE, CALIFORNIA, ADOPTING AN ENVIRONMENTAL EXEMPTION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, APPROVING ENVIRONMENTAL 19-09, VARIANCE 19-01, AND SITE AND ARCHITECTURAL REVIEW 19-08, TO ESTABLISH A TACO BELL DRIVE- THRU RESTAURANT, LOCATED AT 22172 BARTON -242-13) 2030 VISION STATEMENT: This item support Goal 3 to Promote Economic Development. And Goal 2.3 to Provide a wide range of retail and service commercial opportunities designated to meet the needs of the City's residents, businesses, and visitors while also providing employment opportunities. PROPOSAL: J and R Hock Enterprises, Inc. ("Applicant"), represented by Troy Rogers from HC & D Architects, has filed an application to build a 2,080 square foot Taco Bell drive-thru restaurant on a 0.56-acre lot, located at 22172 Barton Road. The property is located in the Barton Road Specific Plan ("BRSP"), General Commercial (GC) Designation. A Site and Architectural Review application has been filed for the construction of the new commercial building. An existing building will be demolished, and the existing vegetation and trees will be cleared to provide space for the new development. The improvements include parking, landscaping, trash enclosure, loading area, access, lighting, and street improvements. A Variance has been filed to deviate from the twenty-foot front setback landscape requirement located on the south side of the property and for the reduction of one parking space. SITE AND SURROUNDING AREA: Packet Pg. 59 C.2 The Project site is located at the north east corner of Barton Road and Vivienda Avenue, about 1,000 feet from the I-215 FWY. The site is a trapezoid shape and the property gradually slopes from the southwest to the northeast by seven feet. There is an existing residence that has been vacant and boarded up for many years, which is proposed to be demolished. The site also has about ten trees and vegetation that will be cleared to make space for the new development. Surrounding uses are as follows: Zoning General Plan Existing Land Uses North R2-Low Medium Medium Density Multi-family Residential Density Residential Residential East BRSP-General General Commercial Commercial Building Commercial South BRSP-General General Commercial Commercial Building Commercial West BRSP-General Public School District Commercial ANALYSIS: General Plan/Zoning Consistency The property is designated General Commercial ("GC") on the General Plan Land Use Map. This designation is located along Barton Road and provides for general commercial uses to serve the retail and service needs of the community. The proposed development is consistent with the General Commercial Designation which supports restaurant uses. The Project is consistent with the Land Use designation because it promotes growth of undeveloped properties within the City, promotes new commercial development, and increases commercial and retail opportunities in the community. The Project is consistent with the Circulation Element Policies which require a well- maintained roadway system with the ultimate right-of-way along the street frontage at Barton Road and at Vivienda Avenue. The Applicant will provide the necessary street improvements as determined by the Public Works Department. In addition, the Applicant provided a Scope of Study, which demonstrated that the circulation system can support the Project. The Project is consistent with the Noise Element, the proposed distance between the drive-thru speaker and the property lines located to the north and the west is of about (70) seventy feet in each direction, the distance from the drive-thru speaker to the east Packet Pg. 60 C.2 property line is of about (50) fifty feet. The Applicant submitted a Sound Pressure Level (SPL) Study showing that typically the SPL at 64 feet will be of only 48 dB. In addition, the speaker will have an automatic volume control that adjusts the outbound volume based on the outdoor, ambient noise level. The Noise Element on the General Plan (Noise/Land Use Compatibility Matrix on Table 6.3), shows restaurant uses with a normally acceptable noise level of 65 dB; therefore, the drive-thru speaker is compliant with the Noise Ordinance and will not create any negative impacts to adjacent properties. 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 structure will be built in compliance with the Building Code and the San Bernardino County Fire Department Regulations. The proposed Project site is zoned Barton Road Specific Plan, General Commercial (BRSP, GC), this zoning designation is closest to the I-215 Freeway and consist mainly of residential uses, a school and strip commercial. It is an area in transition with several residential structures having been converted to commercial uses. This area supports a variety of uses including but not limited to supermarkets, drug stores, variety stores, hotels, and restaurants. The proposed Project is consistent with the development standards established on the Barton Road Specific Plan, Planning Area 1-General Commercial District (BRSP, GC), except for the front setback landscape, located on the south side of the property at Barton Road, which requires the twenty-foot front setback to be entirely landscaped. The Applicant has requested a deviation from this setback requirement and a reduction of one parking space. As such, the Applicant has applied for a Variance proposing to accommodate the drive-thru lane within the front landscape area and for the reduction of one parking space (discussed further below). The Project complies with all other development standards including building height and lot coverage. Variance and Minor Deviation The Applicant has applied for a Variance to deviate from the twenty-foot front landscape setback requirement and the reduction of one parking space. The drive-thru lane will wrap around the west at Vivienda Avenue and south at Barton Road; this ultimate location provides the best car staking for the proposed drive-thru services. The Project is proposing 33-foot front setback, which exceeds the 20-foot front setback requirement; however, the BRSP, GC zoning requires the entire 20-foot front setback to be landscaped. The drive-thru lane is reducing the landscape area but not the overall front setback requirement. From the front property line at Barton Road, the Project is proposing seven-foot and two-inches of landscape area, followed by a twelve-foot width of drive-thru lane, and fourteen-foot and six-inches of additional landscape area. Both landscaped areas between the drive-thru lane will total twenty-one-feet and eight-inches and the Applicant is proposing to enhance the landscape on these areas to make up for the landscape reduction. Packet Pg. 61 C.2 The Project is also proposing the reduction of one parking space. Per Chapter 18.60.050 Off-Street Parking requirements, a minor relaxation to the parking requirement may be granted, if the adjustment is minor in nature and will not create a negative impact on existing or potential uses adjacent to or in the vicinity of the Project. The Project requires 26 parking spaces, one parking space reduction represents 4% of the parking requirement. The Municipal Code, Chapter 18.89 - Minor Deviations, Section 18.89.040 permits a 20% modification off the requirement; therefore, one parking space reduction (4%) is approvable. The proposed reduction of one parking space will not create a negative impact to potential and existing uses. The findings to support this Variance have been made and have been included on the attached Resolution. Access and Circulation The Applicant is proposing to build the structure on the south-west area of the lot. The drive-thru lane wraps around the street frontage at Barton Road and Vivienda Avenue. There are two ingress and egress access points on the proposed site, one from Vivienda Avenue and one at Barton Road. Most of the parking spaces are located on the east side of the property. The trash enclosure is located on the northeast corner of the property, which allows access for the trash collecting services from Vivienda Avenue and exiting thru Barton Road, as recommended by Burrtec. Barton Road is a 100-foot Major Highway and Vivienda Avenue is a 66-foot Collector Street. There is no dedication required; however, the Applicant will provide street improvements as determined by the Public Works Director. Additionally, from Barton Road the Project is proposing a ramp for pedestrian access and a Scope of Study was provided and reviewed by the City Engineer, which demonstrated that the Project can support proper circulation and no Traffic Study was required. Site Plan/Grading/Landscape The proposed grading will create a raised sloped at the corner of Barton Road and Vivienda Avenue about four feet higher from the street level to the finish floor of the proposed building. The perimeter of the drive thru-lane will have a three foot decorative includes a six foot high decorative block wall and a five foot perimeter landscaping area with evergreen trees to the north and east property lines. The Project is proposing multiple landscaping areas around the perimeter of the site and the parking isles and drive-thru area. The street scape includes seven trees and a combination of shrubs and ground cover. The loading zone is located next to the drive-thru lane, two handicap spaces are proposed to be located in front of the building and the Applicant has provided space for Packet Pg. 62 C.2 bike storage on the south side of the lot. The proposed bioretention basins will be Architectural Elevations/Floor Plans The main building will have a contemporary design. Sections on the south and east elevations contain an accent wall in horizontal wood like slats. The south west corner of the building has an accent tower, which will be finished in metal panels in a rust wall finish color. The building has depth articulations in the exterior, integrated with a color variation of grays and browns. The maximum permitted building height per the BRSP is 28 feet. The proposed building will have different height variations, the shortest wall were the restaurant cooler will be located is about (13) thirteen-feet high, the parapet framing is (18) eighteen-feet high, and the highest architectural element, the tower is (24) twenty-four feet high; therefore, the Project meets height requirements. Reviewing Agency Comments The Project Plans were distributed to various agencies and City Departments for review and comments. Division have been included in the resolution. The Applicant shall comply with the conditions of approval established by San Bernardino County Fire under Record Number FPLN-2019-00134. The Applicant shall comply with the requirements established by the Riverside Highland Water Department, Colton Water and Wastewater Department, and Burrtec. ENVIRONMENTAL REVIEW: The Project qualifies for a categorical exemption, pursuant to Section 15332 of the California Environmental Quality Act (CEQA) Guidelines, which exempts infill projects that (a) are consistent with the general plan designation and zoning regulations; (b) the development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses; (c) the site has no value as habitat for endangered, rare or threatened species; (d) approval of the Project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and (e) the site can be adequately served by all required utilities and public service. PUBLIC NOTICE: Public notice of the Project was published in Grand Terrace City News, posted in three public places and mailed to property owners within 5 00-foot radius of the site. To date, staff has not received any comments. Packet Pg. 63 C.2 CONCLUSION: The proposed Project promotes economic development in the City by developing a parcel that has an abandoned residence that has been vacant for a number of years. The Project will revitalize a prominent corner along the Barton Road General Commercial corridor. Staff recommends adoption of the attached resolution approving the Project. ATTACHMENTS: Taco Bell_Planning Commission Resolution_12.4.2019 (DOC) 22172 Barton Rd Taco Bell (PDF) Notice of Exemption (DOC) A3.2 Colored Exterior Elevations (PDF) APPROVALS: Haide Aguirre Skipped 12/04/2019 5:29 PM City Attorney Completed 12/05/2019 11:10 AM City Manager Completed 12/04/2019 6:17 PM Planning Commission/Site And Architectural Review Board Pending 12/12/2019 6:30 PM Packet Pg. 64 C.2.a RESOLUTION NO. 2019- A RESOLUTION OF THE PLANNING COMMISSION AND ARCHITECTURAL REVIEW BOARD OF THE CITY OF GRAND TERRACE, CALIFORNIA, ADOPTING AN ENVIRIONMENTAL EXEMPTION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, APPROVING SITE AND ARCHITECTURAL REVIEW 19-08, VARIANCE 19-01, AND ENVIRONMENTAL 19-09 TO ESTABLISH A TACO BELL DRIVE-THRU RESTAURANT, LOCATED AT 22172 BARTON ROAD (0275- 242-13) WHEREAS, J and R Hock Enterprises, Inc. represented by Troy Rogers from HC & D Architects, has filed Site and Architectural Review (SA 19-08) to re- establish a Taco Bell drive-thru restaurant on a 0.56-acre lot. The applicant is proposing to demolish an existing building and construct a 2,080 square foot restaurant. The improvements include parking, landscaping, trash enclosure, loading area, access, and street improvements; and WHEREAS, the Applicant has applied for a Variance (V 19-01) to deviate from the twenty-foot front landscape requirement located on the south side of the property and for the reduction of one parking space; and WHEREAS, cumulatively, Site and Architectural Review (SA 19-08) and Variance (V 19-01) are referred to as the Project; and WHEREAS, the Project site is zoned Barton Road Specific Plan, General Commercial, located at 22172 Barton Road, APN: 0275-242-13; and WHEREAS, the Project qualifies for a categorically exemption, pursuant to Section 15332 of the California Environmental Quality Act (CEQA) Guidelines, which exempts infill projects that (a) are consistent with the general plan designation and zoning regulations; (b) the development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses; (c) the site has no value as habitat for endangered, rare or threatened species; (d) approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and (e) the site can be adequately served by all required utilities and public services.; and WHEREAS, on December 12, 2019, the Planning Commission conducted a duly noticed public hearing at a special meeting on Project at the Grand Terrace City Council Chambers located at 22795 Barton Road, Grand Terrace, California 92313 and Attachment: Taco Bell_Planning Commission Resolution_12.4.2019 \[Revision 2\] (SA 19-08, V 19-01 and E 19-09) concluded the hearing on said date; and Page 1 of 10 Packet Pg. 65 C.2.a WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred. NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF GRAND TERRACE DOES HEREBY RESOLVE AS FOLLOWS: 1. The recitals set forth above are true and correct and incorporated herein by this reference. 2. The Planning Commission/Site and Architectural Review Board hereby finds that the Project is categorically exempt; pursuant to Section 15332, from the provisions of the California Environmental Quality Act (CEQA). The Notice of Exemption prepared in connection with the Project has been reviewed and considered and reflects the independent judgment of the Planning Commission/Site and Architectural Review Board and is hereby adopted. 3. The Planning Commission/Site and Architectural Review Board hereby finds as follows with respect to Variance 19-01: a. A special circumstance regarding the size, shape, topography, location or surroundings of the subject property exists. There are special circumstances regarding surroundings and topography. The site is restricted by its size and its trapezoid shape; therefore, the Applicant has applied for a Variance to deviate from the twenty-foot front landscape set back requirement and the reduction of one parking space. The drive-thru lane will wrap around the west at Vivienda Avenue and south at Barton Road, this ultimate location provides the best car staking for the proposed drive-thru services. The Barton Road Specific Plan, General Commercial (BRSP,GC) zoning requires a twenty-foot landscaped front setback. The Project is proposing thirty-three-foot front setback, which is more than the requirement; however, the drive-thru lane will occupy twelve-feet of the required landscaped area. From the front property line at Barton Road, the project is proposing seven-foot and two-inches of landscape area, followed by a twelve-foot width of drive-thru lane, and fourteen-foot and six-inches of additional landscape area. Both landscaped areas between the drive-thru lane will total twenty-one-feet and eight-inches and the applicant is proposing to enhance the landscape on these areas. In addition, the Project is proposing the reduction of one parking space. Per Chapter 18.60.050 Off-Street Parking requirements, a minor relaxation to the parking requirement may be granted, if the adjustment is minor in nature and will not create a negative impact on existing or potential uses adjacent to or in the vicinity of the project. The Project requires 26 parking spaces, one parking space reduction represents 4% of the parking requirement. The Municipal Attachment: Taco Bell_Planning Commission Resolution_12.4.2019 \[Revision 2\] (SA 19-08, V 19-01 and E 19-09) Code allows Minor Deviations which permits the reduction of 20% off the requirement; therefore, one parking space reduction (4%) is approvable. Overall, the proposed location of the drive-thru lane is the best design solution Page 2 of 10 Packet Pg. 66 C.2.a based on the lot size, the shape, the proposed location of the parking, and the access; therefore, special circumstances exist to support the variance. b. Because of the special circumstance, the strict application of the zoning ordinance deprives the subject property of privileges enjoyed by other property in the vicinity and under identical zoning classification. The size and shape of the site poses a special circumstance that restricts the design location of the drive-thru lane and therefore reducing the front setback landscape requirement and reducing the parking requirement by one parking space. The proposed lot is bound by its size and location, which is located under the same zoning classification as surrounded uses along Barton Road. The Project is proposing 33-foot front setback, which exceeds the 20-foot front setback requirement; however, the BRSP, GC zoning requires the entire 20-foot front setback to be landscaped. The drive-thru lane is reducing the landscape area but not the overall front setback requirement. Existing drive-thru restaurants under the same zoning classification have encounter the same front setback landscape reduction to accommodate the drive thru lanes; therefore, the circumstance is similar to other existing drive-thru restaurants under the same zoning classification. In addition, one parking space reduction is allowable per Municipal Code Minor Deviation Standards; therefore, this finding can be met. c. The granting of the variance will not constitute the grant of special privileges inconsistent with the limitations upon other properties in the vicinity and district in which the property is situated. The granting of the Variance for the required twenty-foot front landscape setback will not constitute the grant of special privileges, because existing fast food restaurants along Barton Road have encounter the same circumstance to accommodate the drive-thru lanes within the front landscape setback requirement. The one parking space reduction is permissible within the Municipal Code, Minor Deviation standards; therefore, the reduction of one parking space does not constitute the grant of special privileges either. d. The granting of the variance will not authorize a use or activity which is not otherwise expressly authorized by the district governing the parcel of property. The reduction of twenty-foot landscape front setback and the reduction of one parking space will not authorize a use or activity not permitted in the underlying zone district. The drive-thru restaurant use is permissible in BRSP, GC zoning designation. e. The granting of the variance will not result in a situation inconsistent with the latest adopted General Plan. The granting of the Variance will not be inconsistent with the Barton Road Specific Plan, General Commercial Designation on the General Plan Land Use Map. Attachment: Taco Bell_Planning Commission Resolution_12.4.2019 \[Revision 2\] (SA 19-08, V 19-01 and E 19-09) f. Conditions necessary to secure the above findings are made a part of the approval of the variance. Page 3 of 10 Packet Pg. 67 C.2.a 4. The Planning Commission/Site and Architectural Review Board finds as follows with respect to Site and Architectural Review 19-08: a. The Project is consistent with the intent of the Grand Terrace Municipal Code and General Plan. The proposed Taco Bell drive-thru restaurant is consistent with the Municipal Code, General Plan and with the Barton Road Specific Plan, General Commercial designation, which supports fast food drive-thru restaurants. The Project site is designated General Commercial on the General Plan Land Use Map. The Project is consistent with the General Commercial Land Use designation which goal is to provide general commercial uses to serve the retail and service needs of the community. The Project is consistent with the Circulation Element which provides a well-maintained roadway system with the ultimate right-of-way along the street frontage (Barton Road and Vivienda Avenue) and will not require additional dedication. In addition, the Applicant provided a Scope of Study, which was reviewed by the City Engineer and demonstrated that the circulation system can support the project and no Traffic Study was required. The Project is consistent with the General Plan, Noise Element, the proposed distance between the drive-thru speaker and the property lines located to the north and the west is of about (70) seventy-feet in each direction, the distance from the drive-thru speaker to the east property line is of about (50) fifty-feet. The Applicant submitted a Sound Pressure Level (SPL) study showing that typically the SPL at 64 feet will be of only 48 dB. In addition, the speaker will have an automatic volume control that adjust the outbound volume based on the outdoor, ambient noise level. The Noise Element on the General Plan (Noise/Land Use Compatibility Matrix on Table 6.3), shows restaurant uses with a normally acceptable noise level of 65 dB; therefore, the drive-thru speaker is compliant with the Noise Ordinance and will not create any negative impacts to adjacent properties. In compliance with the Open Space and Conservation Element, the Applicant has prepared a Water Quality Management Pan and a Preliminary Soils Engineering Investigation Report. The structure will be built in compliance with the Building Code and San Bernardino County Fire Department Regulations. The Project complies with the Barton Road Specific Plan which overall goal is to create a dynamic downtown commercial center that is attractive and of high quality, unifying community design image and providing a balanced mixture of commercial and administrative/professional uses with safe, efficient circulation and access. The General Commercial designation is closest to the I-215 Freeway and consist mainly of residential uses, a school and some strip commercial. It is an area in transition with several residential structures having been converted to commercial uses. This area supports a variety of uses including but not limited to supermarkets, drug stores, variety stores, hotels, and restaurants. The proposed project is consistent with the development Attachment: Taco Bell_Planning Commission Resolution_12.4.2019 \[Revision 2\] (SA 19-08, V 19-01 and E 19-09) standards established on the Barton Road Specific Plan, Planning Area 1- General Commercial District (GC), except for the front setback landscape, located on the south side of the property, along Barton Road, which requires Page 4 of 10 Packet Pg. 68 C.2.a the twenty-foot front setback to be entirely landscaped; the applicant is deviating from this requirement and has applied for a Variance proposing to accommodate the drive-thru lane within the front landscape requirement area and for the reduction of one parking space. The Project complies with all other development standards including building height and lot coverage. b. The location and configuration of all structures associated with this Project are visually harmonious with this site and surrounding sites and structures, that they do not interfere with the neighbors' privacy, that they do not unnecessarily block scenic views from other structures and/or public areas and are in scale with the townscape and natural landscape of the area. The proposed project will be visually harmonious, the structure will not interfere with neighbors privacy, the landscape will enhance and complement the surrounding General Commercial area. Overall, the Project is consistent with the Barton Road Specific Plan, General Commercial goals and objectives to create and enhance the downtown character, while promoting economic development, and maintaining the community design character, environmental quality, and a high level of public services. The proposed scale of the structure will be visually harmonious to the commercial surrounding uses along Barton Road. 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 structure will comply with the general architectural guidelines for all development established by the Barton Road Specific Plan. The applicant is proposing a contemporary building with earth tone color palette shades of gray and brown. The building accent color is tan color (Pacer White), the main building color is a gray shade (cityscape), the building design accents include a slat wall in a wood like finish and a corner tower with metal panels in a brown rust color. The Projects architecture will complement and enhance downtown character and identity of the Barton Road Corridor and be compatible with surrounding uses and structures. 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 has requested a Variance to deviate from the front landscape setback at Barton Road to accommodate the drive-thru lane; however, the applicant will enhance all other planters on the site with water efficient plant material. The street scape will include seven trees compliant with the Municipal Code requirements. The landscape will be compliant with the Municipal Code and with the most recent Model Water Efficient Landscape Ordinance by the State of California. Attachment: Taco Bell_Planning Commission Resolution_12.4.2019 \[Revision 2\] (SA 19-08, V 19-01 and E 19-09) 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. The Project Page 5 of 10 Packet Pg. 69 C.2.a requires the demolition of a 1,981 square-foot existing building and the clearing of the property including approximately ten trees. The site will be enhanced by the proposed development, including numerous landscaping areas and parking lot defined planters, which will include multiple trees, shrubs, planting material, and groundcover. 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. The Applicant will submit a separate sign application for the business signs which will include two wall signs and a monument sign. The proposed signs will be consistent with the Sign 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 Variance 19-01 and Site and Architectural Review 19- 08 are hereby approved subject to the following conditions: 1. Variance 19-01 and Site and Architectural Review application 19-01 are approved to construct and establish a 2,080 square foot Taco Bell drive-thru restaurant on a 0.56-acre lot, located at 22172 Barton Road, zoned Barton Road Specific Plan, General Commercial (GC). The proposal includes the demolition of an existing building and the complete clearing of the property to construct the new building structure and accommodate the drive-thru lane. The improvements include parking, landscaping, trash enclosure, loading area, access, and street improvements. This approval is based on the application and materials submitted on August 19, 2019, including the revised plans dated November 1, 2019. These plans are approved as submitted and conditioned herein and shall not be further altered except as modified by these conditions of approval, and unless reviewed and approved by the affected city departments. th 2. If not appealed, this approval shall become effective on the eleventh (11) day after the date of the Plansiness thth day 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. Attachment: Taco Bell_Planning Commission Resolution_12.4.2019 \[Revision 2\] (SA 19-08, V 19-01 and E 19-09) 3. 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 Page 6 of 10 Packet Pg. 70 C.2.a Development Services Director upon submittal of an application and the required fee. 4. 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. 5. Upon approval of these conditions and prior to becoming final and binding, the content shall be prepared by the Planning and Development Services Department. 6. In the event that exhibits, and written conditions are inconsistent, the written conditions shall prevail. 7. Construction and operational activities associated with the project shall comply with the regulations of Chapter 8.108 of the Grand Terrace Municipal Code. 8. The applicant shall obtain a Business License from the Finance Division and shall be renewed annually, at the beginning of each calendar year, during the month of January, for as long as the business remains in operation. 9. The applicant shall pay all applicable development impact fees and demonstrate the payment of school impact fees to the Building and Safety Department. 10. All contractors shall acquire a valid City business license and be in compliance with all City codes 11. The applicant shall comply with all requirements of the City of Grand Terrace Building and Safety Division, including the Conditions of Approval contained in the Building and Safety Memorandum dated November 5, 2019, attached hereto as Exhibit 1. 12. The applicant shall comply with all requirements of the City of Grand Terrace Public Works Division, including the Conditions of Approval contained in the Public Attachment: Taco Bell_Planning Commission Resolution_12.4.2019 \[Revision 2\] (SA 19-08, V 19-01 and E 19-09) Works Memorandum dated November 21, 2019, attached hereto as Exhibit 2. Page 7 of 10 Packet Pg. 71 C.2.a 13. Prior to the issuance of building permits, the applicant shall comply with the Conditions of Approval contained in the San Bernardino County Fire Department, permit number FPLN-2019-00134, attached hereto as Exhibit 3. 14. Prior to the issuance of building permits, the applicant shall comply with Burrtec requirements contained on the Memorandum dated, November 8, 2019, attached hereto as Exhibit 4. 15. Prior to the issuance of building permits, the applicant shall obtain all clearances by the San Bernardino County Division of Environmental Health Services (DEHS) for the food service. 16. Prior to the issuance of building permits, the applicant shall obtain all requisite permits and clearances from Riverside Highland Water Company (RHWCO). 17. 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. 18. Proposed lighting shall not glare onto adjoining properties and may need to be shielded. 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. 19. The applicant shall submit a Sign Application ($155.00) for review and approval, prior to the installation of any signs. The signs shall comply with Chapter 18.80 Signs, Table 18.80.150-Sign Standards in C2 and CM Zone Districts. There is a total of three maximum signs, one per street frontage and the signs shall not exceed the twenty (20) feet maximum height. 20. Prior to issuance to the construction of perimeter decorative block walls on shared property lines to the north and east, the applicant shall submit a Fence/Wall Agreement signed by the adjacent property owners authorizing construction of the wall on the shared property line. The wall footing shall not reduce the minimum five-foot planning area for the evergreen trees. 21. All parking areas must be screened from public street view and adjacent less intensive uses by a wall, fence or landscaping not to exceed three (3) feet in height. Include hedges blocking the parking and drive thru areas on the south and west side of the property, and the south side of the trash enclosure. 22. Prior to the issuance of building permits, the applicant shall submit three (3) copies of landscape and irrigation plan to the Planning and Development Services Attachment: Taco Bell_Planning Commission Resolution_12.4.2019 \[Revision 2\] (SA 19-08, V 19-01 and E 19-09) Department for review and approval. The landscape and irrigation plans shall be prepared in andscape Ordinance (Chapter 15.56) Landscaping Standards contained in Chapter 18.60 of the Zoning Page 8 of 10 Packet Pg. 72 C.2.a Code and in compliance with the most recent version of the State Model Ordinance. 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 visibility at all intersections; 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. Use drip irrigation system. f. All trees shall be a minimum size of 15-gallon, having a minimum height of eight feet at the time of planting. g. Shrubs shall be a minimum of 1-gallon size at the time of planting. h. Ground cover shall be healthy, dense foliage, and well routed cuttings, or one-gallon container plants. i. The spacing of trees and shrubs shall be appropriate for the species used. j. Twenty percent of planting material shall be pollinating plants. k. Approval must be obtained for removal of all trees having a trunk diameter of 10 inches or more measured 48 inches above existing grade. l. Submit an initial deposit of $2,000 deposit for landscape plan check review. 23. The trash enclosure shall be constructed of decorative block walls, with solid metal gates attached to posts, embedded in concrete. 24. Decorative paving, measuring a minimum of fifteen (15) feet wide shall be installed at all project entrances at Barton Road and Vivienda Avenue. 25. 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 Director that no roof-mounted equipment will be visible from the public right-of-way. 26. All ground mounted equipment, including backflow devices, shall be screened in a manner that does not impede traffic visibility. 27. The applicant shall be responsible for regular and ongoing upkeep and maintenance of the site, including parking lot paving condition and striping, Attachment: Taco Bell_Planning Commission Resolution_12.4.2019 \[Revision 2\] (SA 19-08, V 19-01 and E 19-09) clearing of trash, weeds and debris, lighting, and other site improvements. All parking facilities shall be maintained in good condition. The maintenance thereof may include, but shall not be limited to the repaving, sealing, and striping of a Page 9 of 10 Packet Pg. 73 C.2.a parking area and the repair, restoration and/or replacement of any parking area design features when deemed necessary by the City to insure the health, safety, and welfare of the general public. 28. The applicant shall contact the Planning Division for a final inspection a minimum two weeks prior to the inspection date requested. 29. Upon approval of these conditions and prior to becoming final and binding, the applicant must sign and return content shall be prepared by the Community Development Department. PASSED AND ADOPTED by the Planning Commission of the City of Grand Terrace, nd California, at a public hearing/special meeting held on the 12 day of December 2019. AYES: NOES: ABSENT: ABSTAIN: ATTEST: __________________________ __________________________ Debra L. Thomas Tom Comstock City Clerk Vice Chair Attachment: Taco Bell_Planning Commission Resolution_12.4.2019 \[Revision 2\] (SA 19-08, V 19-01 and E 19-09) Page 10 of 10 Packet Pg. 74 C.2.b Building and Safety Conditions of Approval Date: November 5, 2019 File No:Site and Architectural Review 19-08 &Minor Deviation (MD) 19-01 Applicant: J and R Hock Enterprises,Inc. represented by Andrew Hock Subject Location: 22172 Barton Road Subject: Proposed Taco Bell Drive Thru Restaurant APN: 0275-242-13 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 submittal’s required at first plan review. (4)Architectural Plans (4)Structural Plans (2)Structural Calculations (4)Plot/Site Plans (4)Electrical Plans (4)Electrical Load Calculations (4) Plumbing Plans/Isometrics, Water, Sewer and Gas (4)Mechanical Plans Attachment: 22172 Barton Rd Taco Bell (SA 19-08, V 19-01 and E 19-09) (4)Mechanical Duct Layout Plans (2)Roof and Floor Truss Plans if applicable (2)Title 24 Energy Calculations (4)Rough and Precise Grading Plans (2)Water Quality Management Plan, (WQMP) and Erosion Control Plan. (2)Stormwater Pollution Prevention Plan (2)Best Management Plan (BMP) Packet Pg. 75 C.2.b Building and Safety Conditions of Approval Building & Safety General Information All structures shall be designed in accordance with the 2016California Building Code, 2016 California Mechanical Code, 2016California Plumbing Code, and the 2016California Electrical Code, 2016Residential Code and the 2016California Green Buildings Standards adopted by the Stateof California. Note if a new code has been adopted priorto the submittal, then all structures shall be designed to the current model code year. The Developer/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 the Building & Safety Job Card. Construction hours shall be limited to Monday through Fridayfrom 7:00 a.m. to 7:00 p.m. andSaturdays from 8:00 a.m. to 5:00 p.m. No construction activities shall be permitted on Sundays or City-designated holidays. Building & Safety inspection requests can be made twenty-four(24) hours in advance for next dayinspection. Please contact 909-825-3825. You may also request inspections at the Building & Safety public counter. All construction sites must be protected by a security fenceand screening. The fencing and screening shall be maintained at all times toprotect pedestrians. Temporary toilet facilities shall be provided for construction workers.The toiletfacilities 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 from Building & Safety. No temporary electrical power will be granted to a project unless one of the following items isin place and approved by Building & Safety andthe Attachment: 22172 Barton Rd Taco Bell (SA 19-08, V 19-01 and E 19-09) Planning Department. (A)Installation of a construction trailer,or, (B)Security fenced area where the electrical power will be located. Installation of construction/sales trailers must be located on private property. No trailers shallbe located in the public street right of way. Separate plan submittals and permits are required for all accessory structures;example would bepatios, block walls,trash enclosuresand storage buildings. Packet Pg. 76 C.2.b Building and Safety Conditions of Approval Pursuant to the California Business and Professions Code Section 6737,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. Building & SafetyConditions Prior to theissuance of a building permit, the applicant shall pay all Development Improvement Fee’s tothe City; this alsoincludesschool feesand outside agency feessuch as sewer water and utilities. Copies of receipts shall be provided to Building& Safety priorto permit issuance. All on site utilities shall be underground to the new proposed structureunless prior approval has been obtained by the utility company or the City. Prior to the issuance ofdemolition permits, an Affidavit and Certification to implement a Waste Reduction and Recycling Plan(WRRP)shall be signed by the Owner or Contractor and submitted to the City. The WRRP shall indicate the agreement by the applicant to divert at least 65 percent of all construction waste generated by the project. The project developer shall ensure that all asbestos containing materials and lead based paints encountered during demolition activities are removed, transported, and disposed of in full compliance with all federal, state and local regulations.A lead and asbestos survey report shall be presented to Building and Safety prior to the demolition of the existing buildingson the site. Prior to issuanceof Building Permits, on site water service shall be installedand approved by the responsible agency. On site fire hydrants shall be approved by the Fire Department. No flammable materials will be allowed on the site until thefire hydrants are established and approved. Attachment: 22172 Barton Rd Taco Bell (SA 19-08, V 19-01 and E 19-09) Prior to issuance of building permits, site grading certification shall be submitted to Building & Safety.Prior to concrete placement, pad certifications,finish floor elevation and setbacks of the structuresshall be submitted to Building & Safety prepared by a licensed surveyor or registered civil engineer.The certification needs to reflect that the structure is in conformance with the Precise Grading Plansand the geotechnical report. Compaction reports shall accompany pad certifications.The certifications are required to be signed by the engineer of record. Prior to issuance of building permits, provide Building & Safety with a will service letter from Riverside Highland Water District. Packet Pg. 77 C.2.b Building and Safety Conditions of Approval All construction projects shall comply with the National Pollutant Discharge Elimination Systems (NPDES), and the San Bernardino County MS-4 Storm Water Permit. Prior to the issuance of building permits, the applicant shall submit three (3) copies of landscape and irrigation plans to the Planning and Development Services Department for review and approval.The landscape and irrigation plans shall be prepared in accordance with the City’s Water Efficient Landscape Ordinance (contained in Chapter 18.60 of the Zoning Code and in compliance with the most recent version of the State Model Ordinance. . Attachment: 22172 Barton Rd Taco Bell (SA 19-08, V 19-01 and E 19-09) Packet Pg. 78 C.2.b Public Works Conditions of Approval Date: November 21, 2019 Applicant:J and R Hock Enterprises, Inc. represented by Andrew Hock Address of Applicant: 30318 Esperanza, Rancho Santa Margarita, Ca 92688 Site Location: 22172 Barton Road, APN 0275-242-13 Case # Site and Architectural Review (SA) 19-08 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:SA 19- 08 for 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. (2) Street improvement plans prepared by a licensed Civil Engineer. (1) Utility Plans (2) Sewer Plans (2) Grading Plans and Erosion Control Plan (2) Drainage Report and Water 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 Attachment: 22172 Barton Rd Taco Bell (SA 19-08, V 19-01 and E 19-09) Works Standardsorstandards of the latest update of the Greenbook as approved by thePublic Works 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. 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 difference of the post-development runoff from thepre-development 100-yearevent shall be required as part of the drainage improvements for this project. Packet Pg. 79 C.2.b Public Works Conditions 1.All frontingoverhead utilities shall be underground in the road right-of-way.Relocation of existing utilities in conflict with improvements shall be shown on improvement plans. 2.All proposed public street 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. 3.The applicant shall dedicateright of wayand/orconstruct all missing or damaged public improvements.The missing or damaged public improvements shall include, but are not limited to, pavement, curb, gutter, sidewalk, driveway approach,landscapingand streetlightsas directed by thePublic Works Department. 4.Provide half street width paving overlay after utility installationsonthe 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 Terracefor approvalbefore 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 City of Grand Terrace for approval before any permits are issued. 7.Applicant shall submit proposedwater plans for fire hydrants to the Countyof San Bernardino Fire Department for plan reviewand 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 missing right of way dedication on Vivienda Avenueand Barton road forthe entire length of the property and provide paving, curb, gutter, sidewalk,landscaping,streetlights, Attachment: 22172 Barton Rd Taco Bell (SA 19-08, V 19-01 and E 19-09) signage and stripping and repave to a half width street improvement.Street improvements 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. 9.Provide ultimate modified section of Vivienda Ave and provide paving, curb, and gutter, cross gutter, ramps, sidewalk, streetlights, signage and striping.The section is transitioning from standard 102 Secondary Highway (32’/44’)at the Bartonreturnto standard 103Collector Street (22’/33’)at McClarren. Packet Pg. 80 C.2.b 10.Minimum driveway grades shall be consistent with San Bernardino County Standards 129 and 131. Riverside County Standard 207driveway approach can also be used. 11.Driveway on Barton shall restrict left turns out. 12.Parking on Barton Road and Vivienda Aveshall be signed as“No Parking”per theMunicipal Code 10.04.290at 20 foot spacing, 7 feet above the sidewalk and 1.5 feet from curb face. 13.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. 14.The geotechnical report recommendations for on-and off-siteexcavation, compaction, slope stability and paving sections shall be submitted. The date of the report shall be placed on the title sheetsof the streetplans. 15.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 the County. EncroachmentPermit Conditions 1.Prior to the issuance of anencroachment permit, the applicant shall pay all Development Improvement Fee’s to the City andpay school fees to Colton Joint Unified School District. 2.Encroachmentpermits are required before work begins in the public right of way.A street cut deposit will be collected for each street cut and held for two years. 3.Prior to paving, water, sewer, gas and electricalservice shall be installed and approved by the responsibleagency. Fire hydrants shall be approved by the Fire Department. 4.Prior to paving, compaction reports on utility trenches shall be provided. Attachment: 22172 Barton Rd Taco Bell (SA 19-08, V 19-01 and E 19-09) 5.Prior to issuance of building permits, provide Public Workswith a copy of the will service letter from RiversideHighland Water Companyandthe City of Colton wastewaterDepartment. 6.All construction projects shall comply with the National Pollutant Discharge Elimination Systems (NPDES)and the current San Bernardino County MS4 permit. Packet Pg. 81 C.2.b San Bernardino County Fire Department San Bernardino OfficeNorth Desert OfficeEast Valley OfficeSouth Desert Office SBGCHDGCSan Bernardino City (909) 387-4140(760) 995-8201(909) 918-2201(760) 995-8201 08/27/2019 Date: 08/27/2020 Expiration: Project Name:Taco Bell Grand Terrace Project Description:Construction of a new 2,195 sq ft Taco Bell drive-thru restaurant on an existing lot. Permit Number:FPLN-2019-00134 Location:22172 BARTON RD, GRAND TERRACE, CA 92324 APN:0275-242-13-0000 Project Type:Site Plan Review City Project Proposal: Dear Applicant, With respect to the conditions of approval regarding the above referenced project, the San Bernardino County Fire Department requires the following fire protection measures to be provided in accordance with applicable local ordinances, codes, and/or recognized fire protection standards. The Fire Conditions Attachment of this document sets forth the FIRE CONDITIONS and STANDARDS which are applied to this project. Sincerely, Attachment: 22172 Barton Rd Taco Bell (SA 19-08, V 19-01 and E 19-09) The Office of the Fire Marshall Community Safety Division San Bernardino County Fire Department v.18.01.02 Page 1 of 3 Packet Pg. 82 C.2.b FIRE CONDITIONS ATTACHMENT Date:08/27/2019 Permit Number:FPLN-2019-00134 Location:22172 BARTON RD, GRAND TERRACE, CA 92324 APN:0275242130000 FIRE CONDITIONS AND STANDARDS Fire Alarm - Automatic An automatic fire sprinkler monitoring fire alarm system complying with the California Fire Code, NFPA and all applicable codes is required. The applicant shall hire a Fire Department approved fire alarm contractor. The fire alarm contractor shall submit detailed plans to the Fire Department for review and approval. The required fees shall be paid at the time of plan submittal. Fire Fee The required fire fees shall be paid to the San Bernardino County Fire Department/Community Safety Division. Fire Flow Test Your submittal did not include a flow test report to establish whether the public water supply is capable of meeting your project fire flow demand. You will be required to produce a current flow test report from your water purveyor demonstrating that the fire flow demand is satisfied. This requirement shall be completed prior to combination inspection by Building and Safety. Fire Sprinkler-NFPA #13 An automatic fire sprinkler system complying with NFPA Pamphlet #13 and the Fire Department standards is required. The applicant shall hire a Fire Department approved fire sprinkler contractor. The fire sprinkler contractor shall submit plans to the with hydraulic calculation and manufacturers specification sheets to the Fire Department for approval and approval. The contractor shall submit plans showing type of storage and use with the applicable Attachment: 22172 Barton Rd Taco Bell (SA 19-08, V 19-01 and E 19-09) protection system. The required fees shall be paid at the time of plan submittal. Hood and Duct Suppression An automatic hood and duct fire extinguishing system is required. A Fire Department approved designer/installer shall submit detailed plans with manufacturesspecification sheets to the Fire Department for review and approval. The required fees shall be paid at the time of plan submittal. Key Box An approved Fire Department key box is required. In commercial, industrial and multi-family complexes, all swing gates shall have an approved fire department Knox Lock. v.18.01.02 Page 2 of 3 Packet Pg. 83 C.2.b Primary Access Paved Prior to building permits being issued to any new structure, the primary 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. 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. Standard F-4 POST INDICATOR VALVES AND FIRE DEPARTMENT CONNECTIONS This standard, in conjunction with the latest edition of NFPA 13, NFPA 13R and NFPA 24, shall apply to the design and installation of, and the modification to, all new and existing fire sprinkler systems in commercial and industrial buildings and multi-family dwellings. This standard and its interpretation shall take NOT precedent where there is any conflict with NFPA standards. Standard F-5 DESIGN, INSTALLATION AND MAINTENANCE OF FIRE ALARM SYSTEMS This standard applies to all new installations and modifications of existing fire alarm systems, within new construction as well as building additions and tenant improvements within existing buildings. This standard and its interpretation is not intended to be applied or enforced where there is any conflict with NFPA 72 or the California Fire Code. Attachment: 22172 Barton Rd Taco Bell (SA 19-08, V 19-01 and E 19-09) v.18.01.02 Page 3 of 3 Packet Pg. 84 C.2.b Attachment: 22172 Barton Rd Taco Bell (SA 19-08, V 19-01 and E 19-09) Packet Pg. 85 C.2.c CITY OF GRAND TERRACE NOTICE OF EXEMPTION TO: Clerk of the Board of Supervisors FROM: Planning and Development County of San Bernardino Services Department nd 385 N. Arrowhead Avenue, 2 Floor City of Grand Terrace San Bernardino, CA 92415-0130 22795 Barton Road Grand Terrace, CA 92313 Project Title: Site and Architectural Review 19-08, Variance 19-01, and Environmental 19-09 Project Location Specific: 22172 Barton Road, Grand Terrace, CA 92313, County of San Bernardino (APN 0275-242-13). Description of Project: Construct a 2,080 square foot Taco Bell, drive-thru restaurant on a 0.56-acre lot. A Variance has been submitted for the reduction of the front landscaped setback and the reduction of one parking space. The improvements include parking, landscaping, trash enclosure, loading area, access, lighting, and street improvements. An existing building is proposed to be demolished. The site is zoned Barton Road Specific Plan, General Commercial (BRSP,GC). Name of Public Agency Approving Project: Grand Terrace Planning Commission Name of Person or Agency Carrying out Project: J and R Hock Enterprises, Inc. (Applicant), represented by Troy Rogers from HC & D Architects. Exempt Status: California Code of Regulations, Title 14, Section 15332, Infill Development Projects Reasons Why Project is Exempt: Section 15332, This section exempts infill projects when the project is compatible with the General Plan and Zoning Code; is on less than five acres substantially surrounded by urban uses; the property has no value as habitat for rare, Attachment: Notice of Exemption (SA 19-08, V 19-01 and E 19-09) endangered, or threatened species; the site is served by public utilities and services; and there are no impacts to traffic noise, air quality, or water quality. Lead Agency or Contact Person: Area Code/Telephone Haide Aguirre (909) 824-6621, Extension 225 ______________________________ _________________ Haide Aguirre Date Assistant Planner Planning and Development Services 22795 Barton Road, Grand Terrace, California, 92313-5295 909/824-6621 Fax 909/783-2600 Packet Pg. 86