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2006-08 RESOLUTION NO. 06-08 (REVISED) RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GRAND TERRACE, STATE OF CALIFORNIA, CONDITIONAL USE PERMIT NO. 06-05 AND ENVIRONMENTAL REVIEW CASE NO. 06-09 FOR THE CONSTRUCTION OF A "DRIVE-THRU" FOR THE EXISTING DEMETRI'S RESTAURANT WITHIN THE "C2" (GENERAL COMMERCIAL) ZONING DISTRICT ON A 1.95 ACRE PARCEL AT 21900 BARTON ROAD (NORTHERLY SIDE OF BARTON ROAD IMMEDIATELY WEST OF LACROSSE AVENUE) IN THE CITY OF GRAND TERRACE WHEREAS, the applicant has applied for the approval of Conditional Use Permit Case No.06-05 to construct a"drive-thru"for an existing restaurant(Demetri's Restaurant); and, WHEREAS,a properly noticed public hearing was held bythe Planning Commission on July 20, 2006, Augustl 7, 2006 and September 21, 2006; and, WHEREAS, under the California Environmental Quality Act (CEQA) Article 19, Section 15332, Class 32, this project qualifies for a Categorical Exemption, Class 32, as determined under E-06-09, in that it will not have a significant effect on the environment. ( NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF GRAND TERRACE, STATE OF CALIFORNIA, AS FOLLOWS: 1. The proposed project is consistent with the intent of the Grand Terrace Municipal Code and the General Plan in that it meets the standards of the C2 (General Commercial) Zoning District and the "CG" (General Commercial) Land Use Category of the General Plan. 2. The proposed"drive-thru"which requires a conditional use permit will not be: a. Detrimental to the health, safety, morals, comfort or general welfare of the persons residing or working within the City of Grand Terrace because of the conditions which will be imposed on the development and operation of this project consisting of a"drive-thru"for an existing restaurant. b. Injurious to property or improvements in the neighborhood or City because of the conditions which have been imposed on the development and operation of this project for a "drive-thru." 3. Conditions necessary to ensure the community's health, safety and welfare are made a part of this conditional use permit. BE IT FURTHER RESOLVED that CUP-06-05 and E-06-09 are hereby approved subject to the following conditions: 1 1. The proposed "drive-thru" for an existing restaurant shall be maintained in conformance with Conditional Use Permit No. 06-05 as approved by the Planning '- Commission on September 21, 2006. All plans shall be consistent in terms of property lines and other measurements. Minor changes or clarifications may be made by the Community Development Director or his designee. 2. Any drive-thru noise generating equipment such as speakers must meet the noise standards associated with residential uses in that they are not to exceed 55 dbl as measured at the nearest existing residential use to the drive-thru. 3. The order microphone/speaker for the "drive-thru" shall be located at the second proposed menu board which is closest to the "pick-up"window. 4. The drive-thru facility may be used by customers whenever the restaurant is open for business. 5. The 5 foot wide pedestrian walkway crossing the drive-thru near the entrance (for "ADA" purposes) shall be separately treated or emphasized by enriched paving. 6. 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. 7. All construction debris shall be collected and placed in appropriate containers on a daily basis, and the construction site shall be maintained in a neat and orderly manner. 8. The applicant shall comply with all recommendations listed in the memorandum from the Director of Building and Safety/Public Works/Housing in his memorandum dated June 8, 2006. 9. The applicant shall comply with the requirements of the San Bernardino County Department of Public Health as stated in its letter of June 12, 2006. 10. The applicant shall comply with all requirements of the County Fire Department, Community Safety Division including comments made in its letter dated June 25, 2006. 11. The applicant shall submit a "traffic directional plan" showing how traffic to the commercial center, restaurant and "drive-thru" will be directed by the use of signs and directional arrows so that no traffic will exit the Barton Road driveway closest to the entrance to the"drive-thru"but will exit the Barton Road driveway next to the westerly property line. Said "traffic directional plan" shall be approved by the City prior to the issuance of building permits. 12. Three copies of landscaping and irrigation plans shall be submitted to the Community Development Director for review and approval. The landscaping plan shall show the changes to the landscaping necessary to accommodate the proposed"drive-thru." The landscaping plans shall show that the"drive-thru"shall be sufficiently screened from the public view from Barton Road. Also, any trees removed to accommodate the"drive-thru"shall be replaced on a 1 to 1 basis. Said plans to be submitted and approved prior to the issuance of building permits for any new construction. All landscaping and irrigation facilities shall be installed prior to the final inspection of the "drive-thru.". 2 13. Elevations for the proposed retaining walls and screen wall along the "drive-thru" shall be submitted to and approved by the Community Development Director prior to the issuance of building permits. 14 All proposed signs for this project such as the proposed menu boards shall be subject to a separate sign program application to be reviewed and approved by the Community Development Director. 15. For any outside lighting proposed for the "drive-thru," a lighting plan shall be submitted to and approved by the Community Development Department prior to the issuance of building permits. Said outside lighting for the "drive-thru" shall be designed to reflect away from nearby public roadways. 16. All contractors working on this project shall acquire a valid City business licence. 17. That a 4 foot high wrought-iron railing be added to the top of the retaining wall along the easterly property line. 18. That at least one parking space near the"drive-thru"exit be designated as a pull-out parking area for vehicles whose owners have delayed orders for some reason. 19. This approval shall expire one (1) year from the date of its approval unless the applicant has filed for a building permit. In case the applicant can not comply with this deadline, then the applicant shall apply for an extension of the one-year prior to the original expiration date. Said time extension to be granted by the Community Development Director. In conformance with Section 18.63.100 of the Zoning Code, C no additional time beyond two(2)years from the date of the initial approval shall be granted. PASSED AND ADOPTED by the Planning Commission of the City of Grand Terrace, California, at a regular meeting held on the 21s` day of September, 2006. ACyhgy Wilson, Vice Chair Addington, Commissioner Comstock NOES: Commissioner,McNaboe, Commissioner Phelps ABSENT: None ABSTAIN:None ATTEST: APPROVED AS TO FORM: C Brenda Mesa, r Doug Wilson, City Clerk Chairperson, Planning Commission c:\MyFiles\JOHN\Demetris\CUP-06-05.resolution 3