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2012-01 Attachment 1 RESOLUTION NO. 2012-01 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GRAND TERRACE APPROVING CONDITIONAL USE PERMIT 12-01 TO RE-USE AN EXISTING INDUSTRIAL SITE TO ESTABLISH A CONTRACTOR'S OFFICE AND STORAGE YARD 21823 BARTON ROAD WHEREAS, JCL Barricade Company ("Applicant"), represented by James M. Morris, has submitted an application to re-use an existing 6,400 square foot building and outdoor storage yard located at an existing industrial manufacturing site to establish a traffic control and services office and storage yard ("Project"). The project site is zoned MR-Restrict Manufacturing and has a General Plan land use designation of Industrial. WHEREAS, the applicant specializes in the provision of traffic control services, rentals and sales of traffic control devices for construction projects and/or special events. WHEREAS, the Project is categorically exempt from the California Environmental Quality Act (CEQA) Guidelines, pursuant to Section 15301, which exempts the re-use of existing facilities when negligible expansion of use occurs. WHEREAS, on February 16, 2012 the Planning Commission conducted a duly noticed public hearing on Project at the Grand Terrace Council Chambers located at 22795 Barton Road, Grand Terrace, California 92313 and concluded the hearing 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 categorically exempt pursuant to Section 15301 from the provisions of the California Environmental Quality Act (CEQA), because the existing site has been developed for industry- related uses and the re-use of the existing facility is consistent with the purposes of the property. 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 Conditional Use Permit 12- 01: a. The proposed use will not be detrimental to the health, safety, morals, comfort or general welfare of the persons residing or working within the neighborhood of the proposed project or within the city because the Page 1 of 4 `- contractor's office and storage yard is proposed within an existing industrial manufacturing site and is similar to surrounding uses. No aspect will impact health, safety, morals or comfort of the surrounding area. 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 Industrial land use designation, and promotes Land Use Goal 2.4 and Policy 2.4.1 to provide for a mix of industrial land uses and to promote employment generating, light and non- polluting industry. d. Conditions necessary to secure the purposes of Chapter 18.83 (Conditional Use Permit) are made a part of the conditional use permit. BE IT FURTHER RESOLVED that Conditional Use Permit 12-01 is hereby approved subject to the following conditions: 1. Conditional Use Permit 12-01 is approved based on the application materials submitted by JCL Barricading Company on February 1, 2012, including the site and floor plans dated February 1, 2012. All plans shall be consistent in terms of property lines, easement location and dimensions and other measurements. 2. This approval shall expire twelve (12) months from the date of adoption of this resolution unless; all conditions of approval have been met; a business license has been issued, 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, 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 applicant shall comply with all applicable local, county, state and federal regulations. Page 2of4 i ! 5. 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. 6. The applicant shall comply with all applicable requirements of the California Building Code, as determined by the Director of Building and Safety/Public Works, including the satisfactory completion of an occupancy inspection prior to building occupancy and the commencement of business activities. 7. The applicant shall comply with all applicable requirements of the San Bernardino County Fire Department, Office of the Fire Marshal Community Safety Division, including the satisfactory completion of an occupancy inspection prior to building occupancy and the commencement of business activities. 8. The applicant shall pick up residual trash around the perimeter of storage yard on a daily basis. 9. All outdoor storage shall be contained within the fenced area. 10. 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. 11. 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, 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. 12. 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. Page 3 of 4 PASSED AND ADOPTED by the Planning Commission of the City of Grand Terrace, California, at a regular meeting held on the 16th day of February, 2012. AYES: 5 - Chairman Wilson, Commissioner's Addington, Comstock, Bailes and Kongtang NOES: o ABSENT: o ABSTAIN: o ATTEST: Tracey M ine Doug W City Clerk Chairman, Planning Commission Page 4 of 4