2010-04 RESOLUTION NO. 10 04
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GRAND
TERRACE APPROVING DETERMINATION USE 10-01, ADMINISTRATIVE
CONDITIONAL USE PERMIT 10-02 TO OPERATE A RETAIL STORE/BODY ART
STUDIO IN AN EXISTING BUILDING AND FINDING THE PROJECT EXEMPT FROM
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT LOCATED AT 22400 BARTON
ROAD, UNIT 17 ZONED BRSP-VILLAGE COMMERCIAL (ASSESSOR'S PARCEL
NUMBER 0275-301-02)
WHEREAS,the Applicant, Jason Greeley,has applied for the approval of Determination
of Use (DU) 10-01,Administrative Conditional Use Permit(ACUP) 10-02 to operate a retail
store/body art studio in an existing building ("Project"). The project site is zoned Village
Commercial within the Barton Road Specific Plan and is located at 22400 Barton Road, Unit 17
on the northwest corner of the intersection of Barton Road and Canal Street.
WHEREAS, the project was deemed exempt from the California Environmental Quality
Act (CEQA) under Section 15301, Class 1 of the State CEQA Guidelines. This class exempts
interior or exterior alterations to existing facilities.
WHEREAS, on March 18, 2010, the Planning Commission conducted a duly noticed
public meeting on the Project at the Grand Terrace Council Chambers located at 22795 Barton
Road, Grand Terrace, California 92313 and concluded the meeting on said date.
WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.
NOW THEREFORE,BE IT RESOLVED by the Planning Commission of the City of
Grand Terrace:
1. The Planning Commission hereby finds that the Project is exempt from the provisions of
the California Environmental Quality Act(CEQA)pursuant to Section 15301, Class 1 of
the State CEQA Guidelines.
2. The Planning Commission hereby finds that body art uses are similar to other personal
service uses permitted in the BRSP-VC zone district pursuant to Section 18.33.020 of the
Grand Terrace Municipal Code and permits such uses subject to a Conditional Use Permit.
3. The Planning Commission finds as follows with respect to Administrative Conditional Use
Permit 10-02:
a. The proposed use will not be detrimental to the health, safety, morals, comfort or
general welfare of the persons residing or working within the neighborhood of the
proposed project or within the city. The proposed uses must adhere to the
Conditions of Approval set forth by this case.
b. The proposed use will not be injurious to property or improvements in the
neighborhood or within the city. The proposed uses will be located within an
existing building and will not alter the exterior of the building.
C. The proposed project is consistent with the intent of the Grand Terrace Municipal
Code and the General Plan. The Project is consistent with the intended land uses
for the General Commercial land use designation which promotes the establishment
of commercial uses. The existing land uses are consistent with General Plan Land
Use Implementation Policies to encourage development of retail and general
commercial uses.
The proposed Project site is zoned`BSRP-Village Commercial" (BRSP-VC). The
BSRP-Village Commercial zoning designation is intended to allow for varied types
of commercial development such as barbers,beauty salons, dry cleaners, tanning
salons, art studios, and other similar personal services and commercial retail uses,
including body art uses.
d. Conditions of approval for this project necessary to secure the purposes of the
Grand Terrace Municipal Code have been applied to the Project.
BE IT FURTHER RESOLVED that Administrative Conditional Use Permit 10-02 is hereby
approved subject to the following conditions:
1. Administrative Conditional Use Permit 10-02 is approved based on the application
materials submitted by Jason Greeley on February 4, 2010, including the site plan, floor
plan and letter of intent dated February 4, 2010. All exhibits shall be consistent in terms
of intent,materials, dimensions and other measurements.
2. 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 own option,to choose its own attorney to represent the City, its
officers, employees, and agents in the defense of the matter.
3. Operational activities associated with the project shall comply with the regulations of the
City's Noise Ordinance, Chapter 8.108 of the Grand Terrace Municipal Code.
4. 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 and Economic Development Department.
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5. The applicant shall comply with all requirements of the City of Grand Terrace Building
and Safety/Public Works Department.
6. The interior lighting of the business shall not be dimmed nor shall the lease space
windows be smoked or covered with opaque material. Interior lighting of the lease space
shall remain at adequate levels to clearly see into the business from the exterior of the
business.
7. The business shall remain closed during the hours of 10:00 p.m. through 7:00 a.m.
8. There shall be no loitering inside the body art area or outside the tenant space. Body art
application shall be done by appointment only in order to eliminate loitering.
9. The Planning Commission shall conduct a review of the Administrative Conditional Use
Permit after six (6) months of operation of the use, and annually thereafter. At such time,
the Planning Commission shall take into consideration all aspects of the business including
any calls for Public Safety services or any other unforeseen issues that arise. If the
applicant does not meet the conditions of approval or has had more than one valid call for
service, the Planning Commission may vote to conduct a full examination of the
Administrative CUP pursuant to Section 18.83.032(B).
10. A minimum of fifty percent(50%) of the usable floor area shall be devoted to retail sales
of clothing, art and accessories. Wall space shall not be included in the floor area
calculation.
11. The area for body art application shall be screened from the view of patrons of the retail
portion of the tenant space.
12. No patron-under the age of 18 shall be permitted in the designated body art area.
13. Any gatherings or"events" shall be reviewed and approved by the Community&
Economic Development Director and shall not be held within the parking areas.
PASSED AND ADOPTED by the Planning Commission of the City of Grand Terrace,
California, at a regular meeting held on the 181h day of March, 2010.
AYES: 5
NOES: 0
ABSENT: None
ABSTAIN: None
ATTEST:
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Arenda Mesa Doug Wilson
City Clerk Chairman, Planning Commission
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