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12-19-2013 Qbdlfu!Qh/!4 Qbdlfu!Qh/!5 Qbdlfu!Qh/!6 Qbdlfu!Qh/!7 Qbdlfu!Qh/!8 Qbdlfu!Qh/!9 Qbdlfu!Qh/!: Qbdlfu!Qh/!21 Qbdlfu!Qh/!22 Qbdlfu!Qh/!23 7/b Buubdinfou;!2/!Qspkfdu!Eftdsjqujpo!!)Qsftupo!Qspkfdu* Qbdlfu!Qh/!24 7/b Buubdinfou;!2/!Qspkfdu!Eftdsjqujpo!!)Qsftupo!Qspkfdu* Qbdlfu!Qh/!25 7/c Buubdinfou;!3/!Opujdf!pg!Fyfnqujpo!!)Qsftupo!Qspkfdu* Qbdlfu!Qh/!26 7/d SFTPMVUJPO!OP/!3124.! B!SFTPMVUJPO!PG!UIF!QMBOOJOH!DPNNJTTJPO!PG!UIF!DJUZ!PG! HSBOE!UFSSBDF!BEPQUJOH!B!OPUJDF!PG!FYFNQUJPO!BOE! BQQSPWJOH!TJUF!BOE!BSDIJUFDUVSBM!SFWJFX!23.15-! DPOEJUJPOBM!VTF!QFSNJU!23.15!BOE!B!QMBOOFE!SFTJEFOUJBM! EFWFMPQNFOU!UP!EFWFMPQ!B!23.VOJU!BUUBDIFE!SFTJEFOUJBM! EFWFMPQNFOU!MPDBUFE!BU!23267!QSFTUPO!TUSFFU!)BQO“T! 1387.313.75!UISPVHI!86!BOE!95*! XIFSFBT- Darryl Moore, (“Applicant”), submitted Site and Architectural Review 12-04, Conditional Use Permit 12-04 and Environmental 12-03 to construct 12 attached two-story dwelling units on 0.78 acres of land zoned BRSP-OP, and conforming to the boundaries of Tract Map 11450. WHEREAS, in accordance with California density bonus and incentives law, a density bonus of three dwelling units and three development incentives are also proposed in consideration of the provision of three moderate income level residential units, as defined in Section 50093 of the Health and Safety Code. XIFSFBT- in accordance with the Zoning Code, the applicant has designed the Project in accordance with the provisions of Section 18.10.090 Planned Residential Development. XIFSFBT- the Project is categorically exempt from the California Environmental Quality Act (CEQA) Guidelines, pursuant to Section 15332, which exempts infill development when the project is consistent with the General Plan and applicable Zoning regulations, the site is no more than 5 acres and surrounded by urban uses, the site has no habitat value, there are no significant effects relating to traffic, noise, air quality, or water quality, and the site can be adequately served by all required utilities and public services. XIFSFBT- on December 19, 2013, the Planning Commission conducted a duly noticed public hearing on the Project at the Grand Terrace City Council Chambers located at 22795 Barton Road, Grand Terrace, California, 92313 and concluded the Buubdinfou;!4/!Qmboojoh!Dpnnjttjpo!Sftpmvujpo`Qsftupo!!)Qsftupo!Qspkfdu* hearing on said date. XIFSFBT- all legal prerequisites to the adoption of this Resolution have occurred. OPX!UIFSFGPSF-!CF!JU!SFTPMWFE!by the Planning Commission of the City of Grand Terrace: Page 1 of 9 Qbdlfu!Qh/!27 7/d 1. The Planning Commission hereby finds that the Project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15332. The Notice of Exemption prepared in connection with the Project has been reviewed and considered and reflects the independent judgment of the Planning Commission, and is hereby adopted. 2. The Planning Commission finds as follows with respect to Architectural and Site Review 13-06: a. The Project site is consistent with the General Plan because although the Office Commercial designation is intended for office uses, and limited retail uses, the BRSP implements the OC designation, which allows for infill residential development within this designation; therefore, the residential use is consistent with the General Plan. It promotes Housing Element Policies 8.1.3 to encourage infill housing development and more intensive use of underutilized land for residential construction and 8.2.3 to emphasize and promote the role of the private sector in the construction of low- and moderate-income housing. The site is zoned BRSP-Office Professional. The BRSP includes provisions for infill residential development within the BRSP-OP designation, subject to the density and development standards of the R3 zone district. The site meets all applicable development and density standards, except in the areas of interior setback, driveway depth and building height. 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 design and appearance of the proposed buildings complements and enhances the surrounding neighborhood. In addition, the site will be appropriately landscaped to enhance street views. c. The architectural design of structures, their materials and colors are visually harmonious with the surrounding development, natural landforms, Buubdinfou;!4/!Qmboojoh!Dpnnjttjpo!Sftpmvujpo`Qsftupo!!)Qsftupo!Qspkfdu* are functional for the Project and are consistent with the Grand Terrace Municipal Code. The proposed buildings are Mediterranean style with roof tiles, stucco finishes, arched doorways, and extensive architectural features on all four sides of the buildings. Primary colors are neutral earth tones, with use of accent colors on the window shutters and awnings. d. The plan for landscaping and open spaces provide a functional and visually pleasing setting for the structures on this site and is harmonious Page 2 of 9 Qbdlfu!Qh/!28 7/d with the natural landscape of the area and nearby developments. The site will be landscaped with trees and shrubs, and will be visually pleasing. 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 subject site is a vacant and grading will be necessary to support the development. Slopes will be appropriately landscaped. f. Conditions of approval for this project necessary to secure the purposes of the Grand Terrace Municipal Code and General Plan are made a part of this approval as set forth in the accompanying Resolution of Approval. 3. The Planning Commission finds as follows with respect Conditional Use Permit 12-04: a. The proposed use will not be detrimental to the health, safety, morals, comfort or general welfare of the persons residing or working within the neighborhood of the proposed project or within the city. b. The proposed use will not be injurious to property or improvements in the neighborhood or within the City because the Project is consistent with the intended land uses. No aspect of the Project precludes or hinders the continued use of surrounding properties. c. The proposed Project is consistent with the General Plan. It is consistent with the intended land uses of the Low Density Residential designation which is intended for single family detached residential units subject to applicable General Plan policies and Zoning Code provisions. d. The proposed Project is consistent with the Zoning Code. It is consistent with R1-7.1, Single Family Residential District, which conditionally permits large family day care uses. e. Conditions necessary to secure the purposes of Chapter 18.83 (Conditional Use Permit) are made a part of the conditional use permit. Buubdinfou;!4/!Qmboojoh!Dpnnjttjpo!Sftpmvujpo`Qsftupo!!)Qsftupo!Qspkfdu* 4. The Planning Commission finds as follows with respect to Section 18.10.090 Planned Residential Development: a. The development includes only uses allowed within the base zoning district. The BRSP-OP designation allows infill residential development subject to R3 standards, and the Project conforms to those standards. b. The development is compatible with other development within the zoning district and general neighborhood of the proposed project. The Project is Page 3 of 9 Qbdlfu!Qh/!29 7/d compatible with the zoning district and general neighborhood which is a mixture of single and multiple family residential housing. c. The project would produce a development of higher quality and greater excellence of design than that might otherwise result from using the standard development regulations. The Project is a higher quality residential project, with moderate sized homes and enhanced building architecture. d. The subject site is adequate in terms of size, shape, topography, and circumstances to accommodate the proposed development. The site is small infill lot, constrained by existing grade elevations; however, the site is able to accommodate the project density. e. The project includes improved quality of life provisions and enhanced amenities, including an additional and appropriate variety of structure placement and orientation opportunities, appropriate mix of structure sizes, high quality architectural design, common open space, landscaping, parking areas, private open space, and sustainable improvement standards. CF!JU!GVSUIFS!SFTPMWFE!that Site and Architectural Review 12-04 and Conditional Use Permit 12-04 are hereby approved subject to the following conditions: 1. Site and Architectural Review 12-04 and Conditional Use Permit 12-04 are approved to construct 12 attached dwelling units on 0.78 acres located at 12156 Preston Street, identified as Assessor’s Parcel Number xxxx-xxx-xx, with the proposed units conforming to the boundaries of 12 recorded lots associated with Tract Map. No. 11450. All units within the Project are for-sale units. A density bonus of three dwelling units and three development incentives are also proposed in consideration of the provision of three moderate income level dwelling units. This approval is based upon the application and materials submitted on September 4, 2012, including a revised site plan dated October 9, 2013, architectural elevations, floor plans, color and material board and grading plans dated June 20, 2013, and south retaining wall and fencing plans dated Buubdinfou;!4/!Qmboojoh!Dpnnjttjpo!Sftpmvujpo`Qsftupo!!)Qsftupo!Qspkfdu* December 11, 2013. 2. This approval shall expire twelve (12) months from the date of adoption of this resolution unless the use has been inaugurated 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. 3. The applicant shall defend, indemnify, and hold harmless the City of Grand Terrace and its officers, employees, and agents from and against any claim, Page 4 of 9 Qbdlfu!Qh/!2: 7/d 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 Community and Economic Development 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. 4. The Project shall be constructed in accordance with all the approved plans and conditions of approval, including but not limited to site plans, grading plans, drainage plans, landscape plans, wall plans, and building elevations. The plans shall not be altered except to comply with the adopted conditions of approval, and subject to City review and approval. 5. The applicant shall comply with the Building and Safety/Public Works conditions of approval, dated July 18, 2013, and attached hereto as Exhibit 1. 6. The applicant shall comply with San Bernardino County Fire conditions of approval, dated November 29, 2012, and attached hereto as Exhibit 2. 7. The applicant shall submit water improvement plans to Riverside Highland Water Company, and obtain all required approvals and clearances. 8. Three (3) units within the Project shall be deed restricted for persons and families of moderate income, as defined in Section 50093 of the Health and Safety Code, for a period of ten (10) years from the date of conveyance of each unit. 9. In selecting the buyers of the three (3) moderate income residences, the applicant shall give preference to qualified buyers who are residents of the City of Grand Terrace. 10. Prior to the issuance of a building permit, the applicant shall identify the three income restricted units to the Community Development Director. 11. Prior to the close of escrow for any and all of the three (3) moderate income Buubdinfou;!4/!Qmboojoh!Dpnnjttjpo!Sftpmvujpo`Qsftupo!!)Qsftupo!Qspkfdu* restricted units, the applicant shall provide the Community Development Director documentary evidence that the purchase meets the definition of moderate income, as defined by Section 50093 of the Health and Safety Code. 12. The location and method of screening for all roof-mounted and building-mounted equipment shall be demonstrated on the elevations, including but not limited to, air conditioning and heating units, and utility boxes. All equipment shall be screened from public view and designed to be an integral component of the building design. Page 5 of 9 Qbdlfu!Qh/!31 7/d 13. All ground mounted equipment, including utility boxes and backflow devices shall comply with all utility and Fire Department requirements and be screened in a manner that does not impede traffic visibility. 14. All trash enclosures shall be decorative and designed to match the design, colors and materials of the building architecture. Trash enclosure gates shall be solid metal attached to post embedded in concrete. 15. The applicant shall be responsible for regular and ongoing upkeep and maintenance of the site, including parking lot paving condition and striping, clearing of trash, weeds and debris, lighting, landscaping, including parkway landscaping, and other site improvements. All parking facilities shall be maintained in good condition. The maintenance thereof may include, but shall not be limited to the repaving, sealing, and striping of a parking area and the repair, restoration and/or replacement of any parking area design features when deemed necessary by the City to insure the health, safety, and welfare of the general public. 16. During all project site construction, the construction contractor shall limit all construction-related activities that would result in high noise levels to between the hours of 7:00 a.m. to 8:00 p.m. Monday through Saturday. No construction activities are allowed on Sundays and federal holidays except for emergencies, and/or subject to approval by the Building Official, which shall not be unreasonably withheld. 17. Prior to the installation of any signs, a Sign Permit application shall be submitted to the Community Development Department for review and approval. All signs shall be conform to the sign regulation of the R3 zone district, as contained in Chapter 18.80 of the Grand Terrace Municipal Code. 18. Prior to the issuance of a grading permit, a Water Quality Management Plan (WQMP) shall be prepared using Best Management Practices designed to control onsite products from entering the Santa Ana River. The WQMP shall comply with the requirements of the Santa Ana Regional Water Quality Control Board and the San Bernardino County Flood Control District. Buubdinfou;!4/!Qmboojoh!Dpnnjttjpo!Sftpmvujpo`Qsftupo!!)Qsftupo!Qspkfdu* 19. Prior to issuance of the first building permit, the applicant shall provide a plot plan that demonstrates each unit falls within the boundaries of the recorded lots. 20. All construction equipment shall be equipped with suitable muffler systems. 21. All construction activity related to this project shall comply with the City=s Noise Ordinance as stipulated in Chapter 8.108 of the Municipal Code. Page 6 of 9 Qbdlfu!Qh/!32 7/d 22. Prior to the issuance of building permits, the applicant shall submit three (3) copies of a final photometric plan to the Community Development Department. The photometric plan shall include location, details of all lighting fixtures and luminaries, and shall demonstrate compliance with the Zoning Code and this approval. Lighting shall be designed to reflect away from nearby residential areas and public roadways, and as determined by the Community Development Director, light standards may be required to be shielded. Light standards on the site shall not exceed eighteen feet in height as measured from the finished grade of the parking surface. 23. All contractors working on this project shall acquire a valid City business license. 24. Each dwelling unit shall be equipped with roll up garage doors. 25. Final landscape and irrigation plans will be required to demonstrate compliance with Chapter 15.56 Water Efficient Landscape Ordinance. a. A legend shall be incorporated onto final landscape plan that clearly identifies the plant material to be installed. b. No trees shall be planted within the fifteen (15) foot sewer easement. c. Evergreen trees and shrubs shall be installed along the south boundary. d. Final landscape and irrigation plan will be required to incorporate parkway trees in compliance with Chapter 12.28 of the Municipal Code. 26. All screen walls and exposed retaining walls shall be decorative, on both sides of the walls. 27. Prior to issuance of a grading permit or retaining wall permit, a copy of the construction easement with notarized signatures shall be submitted to the City. 28. Prior to issuance of a grading permit, or approval of utility plans, the applicant shall determine the location of the sewer mainline and depict the location on the utility and grading plans. Buubdinfou;!4/!Qmboojoh!Dpnnjttjpo!Sftpmvujpo`Qsftupo!!)Qsftupo!Qspkfdu* 29. Prior to issuance of a building permit for any building, all grading shall be completed and retaining and screen walls, dry and wet utilities, drainage facilities driveways shall be installed. 30. The applicant shall submit a declaration of covenants, conditions and restrictions (CC&R's) establishing a Home Owner's Association subject to review and approval by the Community and Development Director and the City Attorney approval. Such declaration shall set forth provisions for maintenance of all common areas, payment of taxes and all other privileges and responsibilities of Page 7 of 9 Qbdlfu!Qh/!33 7/d the common ownership. The CC&R's shall include provisions prohibiting the homeowners' association (HOA) from quitclaiming, selling or otherwise transferring the land held in common ownership to private property owners. The CC&R’s shall include the following provisions: a. The City shall be made a party of the CC&R's. The City's participation shall be specifically limited to enforcement of the HOA's maintenance obligation. b. The provisions of approved CC&R's shall not be amended without the prior approval of the Community Development Director and City Attorney who at his or her discretion may refer the matter to the Planning Commission. Requests for amendments to existing CC&R's shall be submitted to the Community Development Department. c. The Covenants, Conditions and Restrictions shall include a restriction on conversion of the den into a bedroom, unless the homeowner demonstrates that an additional parking space can be accommodated on the subject property. d. The Covenants, Conditions and Restrictions shall disclose the location of the fifteen (15) foot sewer easement, and shall state that no permanent structural encroachments shall be installed within the sewer easement. e. Privacy fencing, concrete stoops or pavers, and plant material, excluding trees, shall be permitted within the sewer easement. However, the property owner shall obtain an encroachment permit, and enter into a hold harmless agreement with the City of Grand Terrace, in the event that these improvements must be removed to access the easement. Replacement of these materials shall be at the expense of the property owner and/or homeowner’s association. f. Any patio covers shall have rear and side yard setback of three (3) feet. 31. All private streets, driveways, walkways, parking areas, landscaped areas, storage areas, screening, sewers, drainage facilities, utilities, open space, recreation facilities and other improvements not dedicated to public use shall be Buubdinfou;!4/!Qmboojoh!Dpnnjttjpo!Sftpmvujpo`Qsftupo!!)Qsftupo!Qspkfdu* maintained by the property owners. Provisions acceptable to the affected City Departments shall be made for the preservation and maintenance of all such improvements prior to the issuance of building permits. 32. The applicant shall demonstrate that authorization has been obtained to encroach into the fifteen foot access easement with curb, utility meter and landscaping improvements. Page 8 of 9 Qbdlfu!Qh/!34 7/d 33. Upon approval of these conditions and prior to becoming final and binding, the applicant must sign and return an “Acceptance of Conditions” form. The form and content shall be prepared by the Community Development Department. QBTTFE!BOE!BEPQUFE!by the Planning Commission of the City of Grand Terrace, h California, at their regular meeting held on the 19 day of December, 2013. BZFT;! OPFT; BCTFOU;! BCTUBJO;! BUUFTU; __________________________ __________________________ Tracey Martinez Tom Comstock City Clerk Chairman, Planning Commission Buubdinfou;!4/!Qmboojoh!Dpnnjttjpo!Sftpmvujpo`Qsftupo!!)Qsftupo!Qspkfdu* Page 9 of 9 Qbdlfu!Qh/!35 7/d Exhibit 1 Building and Safety/Public Works Conditions of Approval Date: July 18, 2013 Applicant: Aegis Builders, Darryl Moore Address of Applicant: 2331 W. Lincoln Ave., Anaheim, CA Site Location: 12156 Preston Avenue, Tract 11450 W.O. # 12-8-5484 Provide four (4) sets of construction plans for review of the proposed project. Below is a list of the plans and documents Building & Safety will need for plan review. The initial plan review will take approximately three weeks on most projects. You have received work order number: 12-8.5484 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 submittal’s required at first plan review. (1)Grant Deed showing all easements on the property. (1)Off site water plans signed by Civil Engineer. (4) Street improvement plans signed by Civil Engineer. 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 Buubdinfou;!4/!Qmboojoh!Dpnnjttjpo!Sftpmvujpo`Qsftupo!!)Qsftupo!Qspkfdu* (4) Plumbing Plans/Isometrics, Water, Sewer and Gas (4) Mechanical Plans (4) Mechanical Duct Layout Plans (2) Roof and Floor Truss Plans (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) Site Analysis Tests performed pursuant to Section 1150 A.1 of the 2010 CBC Qbdlfu!Qh/!36 7/d Building & Safety/Public Works General Information All structures shall be designed in accordance with the 2010 California Building Code, 2010 California Mechanical Code, 2010 California Plumbing Code, and the 2010 California Electrical Code, 2010 Residential Code and the 2010 California Green Buildings Standards adopted by the State of California. If building plans are submitted for plan review after December 31, 2013 the proposed building shall be designed in accordance with the 2013 California Model Codes. The proposed Townhomes are multistory according to Section 1102A.3 of the California Building Code. Ten (10) percent of the project dwelling units must be accessible on the bottom floors. The entire site must also be accessible to all amenities including waste dispensers, play equipment etc. All work performed in the public right of way shall comply with the San Bernardino County Public Works Standards. 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 sign the bottom of the Building & Safety Job Card. Building & Safety inspection requests and 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. All construction sites must be protected by a security fence and screening. The fencing and screening shall be maintained at all times to protect pedestrians. Toilet facilities shall be provided for construction workers and such facilities shall be maintained in a sanitary condition. Construction toilet facilities of the non sewer type shall conform to ANSI ZA.3. Prior to building permits, applicant shall enter into a recycling agreement for construction waste according to Ordinance No. 243. A deposit will be required as part of this ordinance. Recycling receipts from the recycling company responsible for accepting the materials shall be kept in the construction office for viewing by the City Inspector. Burrtec Waste Industries has a Franchise Buubdinfou;!4/!Qmboojoh!Dpnnjttjpo!Sftpmvujpo`Qsftupo!!)Qsftupo!Qspkfdu* Agreement with the City to recycle all City waste. Waste from the project will need to be disposed at a Burrtec Waste Industries approved facility. No waste shall be disposed of at any other waste facility. If waste is disposed of at an unapproved facility, funds from the deposit will be used to offset the waste stream. 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 is in place and approved by Building & Safety and the Planning Department. Qbdlfu!Qh/!37 7/d (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 can be located in the public street right of way. Public Works Conditions 1.Prior to the issuance of a building permit, the applicant shall pay all development improvement fees’ including school fees paid to Colton Joint Unified School District. 2.All on site utilities shall be underground to the proposed structure. 3.Street cut permits 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. The Contractor is responsible for requesting the street cut deposit be released after the two year period. City Staff will inspect the street cut and determine if the street cut deposit can be released or if additional work is needed on the area. 4.All proposed public street improvements shall be designed by persons registered and licensed pursuant to the Business and Professions Code and all street work will require a contactor licensed in the State of California and insured pursuant to the City’s insurance requirements. 5.The applicant shall dedicate and construct 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, and street lights. Install one (1) 5800 watt LS-1 street light located at the south end of the public right-of-way. Contact Edison at 909-307-6846 to apply for the street light installation. Edison will require a Street Light Authorization from the City prior to installation. A street light fee in the amount of $105.00 shall be provided to the City prior to the Street Light Authorization being provided to Edison. This fee is for the one year lighting cost for the street light. After one year, the City pays for the street light energy. 6.Install one centrally located concrete ornamental street light in the right of way and pay one year energy cost for street light. Coordinate with Southern California Edison and the Buubdinfou;!4/!Qmboojoh!Dpnnjttjpo!Sftpmvujpo`Qsftupo!!)Qsftupo!Qspkfdu* City of Grand Terrace for cost and locations. 7.Provide half street width paving overlay after utility installations on Preston Street for the entire length of the project. Minimum 2 inch asphalt overlay. All street grindings shall be recycled. 8.Grind and/or blend existing neighboring AC driveway at the northerly property to the satisfaction of the Public Works Inspector. Repaint northerly property fire lane and dividing road markers. Install yellow fire hydrant identification markers in the driveway. Qbdlfu!Qh/!38 7/d 9. Provide Building & Safety with copies of the letters that provide “Permission to Enter” for construction of the new retaining walls that will be built next to their property. Retaining walls shall have a drain designed behind the walls at the base of the retaining wall or provide a sealer on the back side of the wall to prevent moisture from showing through to the face of the wall. Building Permit Conditions 1.Prior to issuance of Building Permits, on site water service shall be installed and 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 the fire hydrants are established and approved. 2.Prior to issuance of permits, site grading certification and pad certifications shall be submitted to Building & Safety. Prior to concrete placement, submit a certification for the finish floor elevation and set backs of the structures. The certification needs to reflect that the structure is in conformance with the Precise Grading Plans. Compaction reports shall accompany pad certifications. 3.Prior to issuance of building permits, provide Building & Safety with a will service letter from Riverside Highland Water Company. (909) 825-4128. 4.All construction projects shall comply with the National Pollutant Discharge Elimination Systems (NPDES) and the current San Bernardino County MS4 permit. 5. Provide language in the WQMP and the CC&R’s requiring that the site drainage storage facility be inspected, cleaned and certified each year by a licensed pumping company or plumbing contractor. A copy of the inspection certification shall be given to the City Building & Safety Division. Buubdinfou;!4/!Qmboojoh!Dpnnjttjpo!Sftpmvujpo`Qsftupo!!)Qsftupo!Qspkfdu* Qbdlfu!Qh/!39 Buubdinfou;!4/!Qmboojoh!Dpnnjttjpo!Sftpmvujpo`Qsftupo!!)Qsftupo!Qspkfdu* Exhibit 2 7/d Qbdlfu!Qh/!3: Buubdinfou;!4/!Qmboojoh!Dpnnjttjpo!Sftpmvujpo`Qsftupo!!)Qsftupo!Qspkfdu* 7/d Qbdlfu!Qh/!41 Buubdinfou;!4/!Qmboojoh!Dpnnjttjpo!Sftpmvujpo`Qsftupo!!)Qsftupo!Qspkfdu* 7/d Qbdlfu!Qh/!42 Buubdinfou;!4/!Qmboojoh!Dpnnjttjpo!Sftpmvujpo`Qsftupo!!)Qsftupo!Qspkfdu* 7/d Qbdlfu!Qh/!43 Buubdinfou;!4/!Qmboojoh!Dpnnjttjpo!Sftpmvujpo`Qsftupo!!)Qsftupo!Qspkfdu* 7/d Qbdlfu!Qh/!44 Buubdinfou;!4/!Qmboojoh!Dpnnjttjpo!Sftpmvujpo`Qsftupo!!)Qsftupo!Qspkfdu* 7/d Qbdlfu!Qh/!45 Buubdinfou;!4/!Qmboojoh!Dpnnjttjpo!Sftpmvujpo`Qsftupo!!)Qsftupo!Qspkfdu* 7/d Qbdlfu!Qh/!46 7/e Buubdinfou;!5/!Qspkfdu!Qmbot!!)Qsftupo!Qspkfdu* Qbdlfu!Qh/!47 Qbdlfu!Qh/!48 Qbdlfu!Qh/!49 Qbdlfu!Qh/!4: Qbdlfu!Qh/!51 7/b Buubdinfou;!2/!Mfuufs!pg!Joufou!!)NdEpobme(t* Qbdlfu!Qh/!52 7/c SFTPMVUJPO!OP/!3124.! B!SFTPMVUJPO!PG!UIF!QMBOOJOH!DPNNJTTJPO!PG!UIF!DJUZ!PG! HSBOE!UFSSBDF!BQQSPWJOH!TJUF!BOE!BSDIJUFDUVSBM! SFWJFX!18.18.B3!UP!DPOTUSVDU!B!5-511!TRVBSF!GPPU! NDEPOBME“T!SFTUBVSBOU!XJUIJO!UIF!UPXO!TRVBSF!NBTUFS! EFWFMPQNFOU!QMBO!)BQO!1387.342.38!'!39*! XIFSFBT- Kori Seki, McDonald’s USA LLC, represented by Kelly Johnson, Bickel Underwood (“Applicant”), submitted Site and Architectural Review 07-07-A2 and Environmental 07-0x-A1 to construct a 4,400 square foot McDonald’s restaurant (“Project”). XIFSFBT- the Project is located within Development Unit 1 and a portion of Development Unit 2 of the Grand Terrace Town Square Master Development Plan (TSMDP), is zoned Barton Road Specific Plan-General Commercial and has a General Plan land use designation of General Commercial Commercial. XIFSFBT- on July 27, 2010, Site and Architectural Review 07-07 was approved for Development Unit 1, which included a grocery market, two retail pads and a fast food restaurant pad. XIFSFBT- a Final Environmental Impact Report was certified on July 27, 2010, for the TSMDP, including adoption of a Statement of Overriding Considerations; and pursuant to Section 15162(a) of the California Environmental Quality Act (CEQA) Guidelines, no further environmental action is required. XIFSFBT- pursuant to Sections 15162 and 15164 of the California Environmental Quality Act (CEQA) Guidelines, an Addendum to Final has been prepared that analyzes the effects of the proposed modifications to the Project. XIFSFBT- at a public hearing held on December 19, 2013, the Planning Buubdinfou;!3/!Qmboojoh!Dpnnjttjpo!Sftpmvujpo!!)NdEpobme(t* Commission conducted a duly noticed public hearing on the Project at the Grand Terrace City Council Chambers located at 22795 Barton Road, Grand Terrace, California 92313 and concluded the hearing on said date. XIFSFBT- all legal prerequisites to the adoption of this Resolution have occurred. OPX!UIFSFGPSF-!CF!JU!SFTPMWFE!by the Planning Commission of the City of Grand Terrace: 1. The Planning Commission hereby finds that for the reasons set forth in the Addendum, the proposed changes to the original Project will not result in new Page 1 of 7 Qbdlfu!Qh/!53 7/c significant impacts nor substantially increase the severity of previously disclosed impacts beyond those already identified in the original Project. Because the current Project meets the conditions for the application of State CEQA Guidelines Section 15164, preparation of a new EIR is not required 2. The Planning Commission finds as follows with respect to Site and Architectural Review 07-07-A2: a. The Project is consistent with the intent of the Grand Terrace Municipal Code and the General Plan. The proposed use is consistent with the BRSP- General Commercial designation, which is intended for varied types of commercial uses, including fast food restaurants. The Project is consistent with the adopted Barton Road Specific Plan and Grand Terrace Town Square Master Development Plan and applicable development standards. The Project is consistent with the General Commercial General Plan land use designation, which provides for general commercial uses to serve the retail and service needs of the community. The Project complies with Land Use Element goals and polices to provide a wide range of retail, service commercial, and employment opportunities; and continued development of established commercial areas. The Project complies with the Open Space and Conservation Element because mitigation measures contained in the Final EIR adopted for the TSMDP will require conservation of energy resources in building design, and the Project will be required to meet federal, state and local regulations governing grading, erosion control, water quality, and cultural resources. The Project meets several goals polices and actions contained in the Sustainable Development Element calling for energy conservation, recycling, bicycle and pedestrian facilities 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. Buubdinfou;!3/!Qmboojoh!Dpnnjttjpo!Sftpmvujpo!!)NdEpobme(t* 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 architecture of the structure is consistent with the architectural theme established for the BRSP and TSMDP. d. The plan for landscaping and open spaces provide a functional and visually pleasing setting for the structures on this site and is harmonious with the natural landscape of the area and nearby developments. The Project design includes landscape setbacks along the north and east portions of Page 2 of 7 Qbdlfu!Qh/!54 7/c the site, and within the parking area. All landscape materials complement the existing landscape palette. e. There is no indiscriminate clearing of property, destruction of trees or natural vegetation or the excessive and unsightly grading of hillsides, thus the natural beauty of the City, its setting and natural landforms are preserved. f. The design and location of all signs associated with this Project are consistent with the scale and character of the building to which they are attached or otherwise associated with and are consistent with the Grand Terrace Municipal Code because they will be required to comply with the adopted Master Sign Program and DU 1 Sign Program. 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. CF!JU!GVSUIFS!SFTPMWFE!that Site and Architectural Review 07-07-A2 is hereby approved subject to the following conditions: 1. Site and Architectural Review 07-07-A2 is approved construct a 4,400 square foot McDonald’s restaurant with drive thru and related parking and access to connect to the existing commercial center on a 27,990 square foot parcel within Development Unit 1 of the Grand Terrace Town Square Master Development Plan (TSMDP). Parking and access extends onto Development Unit 2 This approval is based upon the application and materials submitted on October 29, 2013, including revised site and architectural elevation plans dated December 5, 2013. 2. This approval shall expire twelve (12) months from the date of adoption of this resolution unless the use has been inaugurated or a time extension has been Buubdinfou;!3/!Qmboojoh!Dpnnjttjpo!Sftpmvujpo!!)NdEpobme(t* 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. 3. 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 Community and Economic Development 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 Page 3 of 7 Qbdlfu!Qh/!55 7/c own option, to choose its own attorney to represent the City, its officers, employees, and agents in the defense of the matter. 4. The applicant shall comply with all applicable conditions of approval adopted for Site and Architectural Review 07-07, for Development Unit 1 of the Grand Terrace Town Square Master Development Plan. 5. The applicant shall comply with the Mitigation Measure Monitoring Plan contained within the Final EIR certified on July 27, 2010, for the Grand Terrace Town Square Master Development Plan. 6. The Project shall be constructed in accordance with all the approved plans and conditions of approval, including but not limited to site plans, grading plans, drainage plans, landscape plans, wall plans, and building elevations. The plans shall not be altered except to comply with the adopted conditions of approval, and subject to City review and approval. 7. The applicant shall comply with the Building and Safety/Public Works conditions of approval, dated November 4, 2013, and attached hereto as Exhibit 1. 8. The applicant shall comply with County Fire conditions of approval, dated November 15, 2013, and attached hereto as Exhibit 2. 9. The applicant shall submit water improvement plans to Riverside Highland Water Company, and obtain all required approvals and clearances. 10. Operating hours for both the restaurant and drive thru land shall be 6:00 a.m. to 11:00 p.m. Monday through Sunday. 11. The location and method of screening for all roof-mounted and building-mounted equipment shall be demonstrated on the elevations, including but not limited to, air conditioning and heating units, and utility boxes. All equipment shall be screened from public view and designed to be an integral component of the building design. Buubdinfou;!3/!Qmboojoh!Dpnnjttjpo!Sftpmvujpo!!)NdEpobme(t* 12. All ground mounted equipment, including utility boxes and backflow devices shall comply with all utility and Fire Department requirements and be screened in a manner that does not impede traffic visibility. 13. Any building-mounted light fixtures shall be decorative and complement the commercial center. 14. Prior to the issuance of building permits, the applicant shall submit three (3) copies of a final photometric plan to the Community Development Department. The photometric plan shall include location, details of all lighting fixtures and luminaries, and shall demonstrate compliance with the Zoning Code and this approval. As determined by the Community Development Director, light standards may be required to be shielded. Page 4 of 7 Qbdlfu!Qh/!56 7/c 15. Prior to the issuance of building permits, the applicant shall submit three (3) copies of final landscape and irrigation plans to the Community Development Department/Planning for review and approval. These plans shall demonstrate compliance with Water Efficient Landscape Ordinance, and plant material shall complement the established landscape palette. a. The planting plan shall match the existing planting scheme established for the commercial center. b. Evergreen trees and shrubs shall be planted along the east boundary. c. Planting along the east boundary shall be dense fast growing plant material. 16. Parking stalls and the drive thru lane adjacent to street frontages shall be screened through the use of a combination of a low profile wall, and/or enhanced fast growing shrubs. 17. All trash enclosures shall be decorative and designed to match the colors and materials of the commercial center. Trash enclosure gates shall be solid metal attached to post embedded in concrete. 18. Provide a loading zone measuring 12 feet wide by 20 feet deep, in proximity to the receiving door. 19. All exposed retaining walls shall be decorative. Details shall be shown on the grading plans, or separate retaining wall plan. 20. The applicant shall comply with the City’s Noise Ordinance. 21. Routine maintenance activities, including parking lot cleaning, shall be prohibited between the hours of 8:00 p.m. and 6:00 a.m. 22. The speaker post/menu boards shall use automatic volume control and sound levels shall not exceed 65 CNEL exterior levels, as measured from the existing residence to the east. Buubdinfou;!3/!Qmboojoh!Dpnnjttjpo!Sftpmvujpo!!)NdEpobme(t* 23. Prior to initiation of business activities and opening of the business to the general public, the applicant shall obtain a Business License from the Finance Division, which shall be maintained as long as the business is in operation. 24. The applicant shall be responsible for regular and ongoing upkeep and maintenance of the site, including parking lot paving condition and striping, clearing of trash, weeds and debris, lighting, landscaping, including parkway landscaping, and other site improvements. All parking facilities shall be maintained in good condition. The maintenance thereof may include, but shall not be limited to the repaving, sealing, and striping of a parking area and the repair, restoration and/or replacement of any parking area design features when Page 5 of 7 Qbdlfu!Qh/!57 7/c deemed necessary by the City to insure the health, safety, and welfare of the general public. 25. Provide bicycle parking facilities/racks that can serve a minimum of two (2) bicycles spaces. The bicycle racks shall be located near the building entrance. 26. During all project site construction, the construction contractor shall limit all construction-related activities that would result in high noise levels to between the hours of 7:00 a.m. to 8:00 p.m. Monday through Saturday. No construction activities are allowed on Sundays and federal holidays except for emergencies, and/or subject to approval by the Building Official, which shall not be unreasonably withheld. 27. Prior to the installation of any signs, a Sign Permit application shall be submitted to the Community Development Department for review and approval. All signs shall be consistent with the approved Master Sign Program and Development Unit 1 - Sign Program. 28. Upon approval of these conditions and prior to becoming final and binding, the applicant must sign and return an “Acceptance of Conditions” form. The form and content shall be prepared by the Community Development Department. 29. During all project site excavation and grading on site, the project contractors shall equip all construction equipment, fixed or mobile, with properly operating mufflers consistent with manufacturers’ standards. 30. The construction contractor shall stage construction equipment and material storage a minimum of one hundred (100) feet from any existing off site structures and a minimum of fifty (50) feet from property lines. 31. During all project site construction, the construction contractor shall limit all construction-related activities that would result in high noise levels to between the hours of 7:00 a.m. to 8:00 p.m. Monday through Saturday. No construction activities are allowed on Sundays and federal holidays except for emergencies, and/or subject to approval by the Building Official, which shall not be Buubdinfou;!3/!Qmboojoh!Dpnnjttjpo!Sftpmvujpo!!)NdEpobme(t* unreasonably withheld. 32. The onsite intersection at Driveway 1, shall be striped and signed to depict right turn and forward movements only . Page 6 of 7 Qbdlfu!Qh/!58 7/c QBTTFE!BOE!BEPQUFE!by the Planning Commission of the City of Grand Terrace, th California, at a public hearing held on the 19 day of December, 2013. BZFT;! OPFT; BCTFOU;! BCTUBJO;! BUUFTU; __________________________ __________________________ Tracey Martinez Tom Comstock City Clerk Chairman Buubdinfou;!3/!Qmboojoh!Dpnnjttjpo!Sftpmvujpo!!)NdEpobme(t* Page 7 of 7 Qbdlfu!Qh/!59 7/c EXHIBIT 1 Building and Safety/Public Works Conditions of Approval Date: November 4, 2013 Applicant: McDonald’s USA, LLC Address of Applicant: Bickel Underwood, Kelly Johnson, Architect Site Location: Stater Bros, Barton Road, Grand Terrace, CA W.O. # 12-8.5489 Provide four (4) construction plans and required documentation for review of the proposed project. Below is a list of the plans and documents Building and Safety will need for plan review. The initial plan review will take approximately three weeks on most projects. You have received work order number: 12-8.5489, for the proposed project, this number will be needed to obtain information regarding your plan review. Provide the following sets of plans and documents. Public Works/Engineering submittal’s required at first plan review. (1)Site and Street Water Plans. Building and Safety submittal’s required at first plan review. (4) Architectural Plans (4) Structural Plans (2) Structural Calculations (4) Plot/Site Plans Buubdinfou;!3/!Qmboojoh!Dpnnjttjpo!Sftpmvujpo!!)NdEpobme(t* (4) Electrical Plans (4) Electrical Load Calculations (4) Plumbing Plans/Isometrics, Water, Sewer Gas and Grease Interceptor (4) Mechanical Plans (4) Mechanical Duct Layout Plans (2) Roof and Floor Truss Plans (2) Title 24 Energy Calculations (4) Precise Grading Plans (2) Erosion Control Plans (2) Original San Bernardino County Health Department Approved Plans (2) Original San Bernardino County Fire Department Approved Plans Qbdlfu!Qh/!5: 7/c Building & Safety/Public Works General Information The 2013 California Building Codes will be adopted on January 1, 2014. If the proposed building plans are submitted on or after this date, the project plans will need to comply with the new California Code of Regulations. If proposed building plans are submitted before January 1, 2014, the structure/building shall comply with the 2010 California Building Code. All structures shall be designed in accordance with the 2010 California Building Code, 2010 California Mechanical Code, 2010 California Plumbing Code, and the 2010 California Electrical Code, 2010 Residential Code and the 2010 California Green Buildings Standards adopted by the State of California. All work performed in the public right of way shall comply with the San Bernardino County Public Works Standards. 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 sign the bottom of the Building & Safety Job Card. Building & Safety inspection requests and 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. All construction sites must be protected by a security fence and screening. The fencing and screening shall be maintained at all times to protect pedestrians. Toilet facilities shall be provided for construction workers and such facilities shall be maintained in a sanitary condition. Construction toilet facilities of the non sewer type shall conform to ANSI ZA.3. Prior to building permits, applicant shall enter into a recycling agreement for construction waste according to Ordinance No. 243. A deposit will be required as part of this ordinance. Recycling Buubdinfou;!3/!Qmboojoh!Dpnnjttjpo!Sftpmvujpo!!)NdEpobme(t* receipts from the recycled company responsible for accepting the materials shall be kept in the construction office for viewing by the City Inspector. Burrtec Waste Industries has a Franchise Agreement with the City to recycle waste. Waste from the project will need to be disposed at a Burrtec Waste Industries facility. No waste shall be disposed of at any other waste facility. If waste is disposed of at an unapproved facility, funds from the deposit will be used to offset the waste stream. 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 is in place and approved by Building & Safety and the Planning Department. Qbdlfu!Qh/!61 7/c (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 can be located in the public street right of way. Construction trailers and construction sites shall be made accessible to the disabled if the project is submitted after January 1, 2014. Public Works Conditions 1.Prior to the issuance of a precise grading permit, the applicant shall pay all Development Improvement Fee’s to include school fees paid to Colton Joint Unified School District. 2.All on site utilities shall be underground to the new proposed structure. 3.Street cut permits 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. 4.All proposed public street improvements shall be designed by persons registered and licensed pursuant to the Business and Professions Code and all street work will require a contactor licensed in the State of California and insured pursuant to the City’s insurance requirements. 5.The site is currently under an existing site specific WQMP. The applicant shall comply with all required Best Management Practices. Building Permit Conditions 1.Prior to issuance of Building Permits, on site water service shall be installed and 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 the fire hydrants are established and approved. 2.Prior to issuance of permits, site grading certification and pad certifications shall be Buubdinfou;!3/!Qmboojoh!Dpnnjttjpo!Sftpmvujpo!!)NdEpobme(t* submitted to Building & Safety. Prior to concrete placement, submit a certification for the finish floor elevation and set backs of the structures. The certification needs to reflect that the structure is in conformance with the Precise Grading Plans. Compaction reports shall accompany pad certifications. 3.Prior to issuance of building permits, provide Building & Safety with a will service letter from Riverside Highland Water Company. (909) 825-4128. 4. All construction projects shall comply with the National Pollutant Discharge Elimination Systems and the San Bernardino County MS4 permit. Qbdlfu!Qh/!62 EXHIBIT 2 7/c Buubdinfou;!3/!Qmboojoh!Dpnnjttjpo!Sftpmvujpo!!)NdEpobme(t* Qbdlfu!Qh/!63 7/c Buubdinfou;!3/!Qmboojoh!Dpnnjttjpo!Sftpmvujpo!!)NdEpobme(t* Qbdlfu!Qh/!64 7/c Buubdinfou;!3/!Qmboojoh!Dpnnjttjpo!Sftpmvujpo!!)NdEpobme(t* Qbdlfu!Qh/!65 7/c Buubdinfou;!3/!Qmboojoh!Dpnnjttjpo!Sftpmvujpo!!)NdEpobme(t* Qbdlfu!Qh/!66 7/d Buubdinfou;!4/!Beefoevn!up!Gjobm!FJS!!)NdEpobme(t* Qbdlfu!Qh/!67 7/d Buubdinfou;!4/!Beefoevn!up!Gjobm!FJS!!)NdEpobme(t* Qbdlfu!Qh/!68 7/d Buubdinfou;!4/!Beefoevn!up!Gjobm!FJS!!)NdEpobme(t* Qbdlfu!Qh/!69 7/d Buubdinfou;!4/!Beefoevn!up!Gjobm!FJS!!)NdEpobme(t* Qbdlfu!Qh/!6: 7/d Buubdinfou;!4/!Beefoevn!up!Gjobm!FJS!!)NdEpobme(t* Qbdlfu!Qh/!71 7/e Buubdinfou;!5/!Qspkfdu!Qmbot!!)NdEpobme(t* Qbdlfu!Qh/!72