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1997-01 RESOLUTION NO. 97-01 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GRAND TERRACE, CALIFORNIA APPROVING CUP-96-04 AND E-96-14, CONDITIONAL USE PERMIT WITH ASSOCIATED ENVIRONMENTAL REVIEW TO OPEN A DANCE STUDIOBALLROOM WITH ANCILLARY RETAIL SALES LOCATED IN THE BARTON ROAD SPECIFIC PLAN GENERAL COMMERCIAL DISTRICT WHEREAS,the applicants,DON CHRISTER AND PAUL TAYLOR, applied for a Conditional Use Permit and Environmental Evaluation,to open a dance studio/ballroom with ancillary retail sales located in the Barton Road Specific Plan General Commercial District; and WHEREAS, the Barton Road Specific Plan Section III -Land Use Regulations, establishes that a Conditional Use Permit is required for this project; and WHEREAS, as a condition of approval the building shall be brought into conformity with those City Codes deemed necessary to protect the health, safety, and welfare of the present and/or future inhabitants thereof(Zoning Code Section 18.76.040 (C)); and WHEREAS, a properly noticed Negative Declaration(E96-14)has been prepared for this project; and WHEREAS, a properly noticed public hearing was held by the Planning Commission on January 16, 1997,to hear this application; and WHEREAS,the Planning Commission approved CUP-96-04 and E96-14; and NOW,THEREFORE,BE IT RESOLVED by the Planning Commission of the City of Grand Terrace that the following findings have been made in accordance with the approval of CUP-96-04: 1. The proposed use will not be detrimental to the general health, safety,morals, comfort or general welfare of the persons residing or working in the neighborhood of the proposed use or within the City. As conditioned the project will not have any significant negative impact on the environment,nor on the health,welfare, and safety of the surrounding residential area or within the City. 2. The proposed use will not be injurious to any physical property or improvement in the neighborhood or within the City. As conditioned below the project should not have a detrimental or injurious effect on any physical property or improvements in the surrounding neighborhood or 1 within the City. It does not involve hazardous materials nor will it create or expose people to potential health hazards. This project is a pleasing and appealing addition _ to the surrounding properties. 3. The proposed use is consistent with the Barton Road Specific Plan. The Barton Road Specific Plan designates the land use as General Commercial. This proposed project is a use requires a Conditional Use. Upon approval of this CUP,the project will be consistent with Specific Plan and zoning requirements. BE IT FURTHER RESOLVED,that the proposed project is subject to the following conditions of approval: 1 #13b(2) of the-Initial Environmental Study Determination) Overall hours of operation shall be as follows: HOURS OF OPERATION Monday through Friday 1:00 P.M. to 9:00 P.M. Saturday 6:30 p.m. to 12:00 midnight Sunday CLOSED This will allow adequate parking for all guests/patrons and other tenants of the center. 2. #13b(1) of the Initial Environmental Study Determination) Group activities (those activities where more than 3 students are in attendance) including recitals, recreational dances and demonstrations shall be restricted after 6:30 p.m. on all days of operation. 3. Students/attendees, excluding employees, shall not exceed 30 people for group activities. 4. (*=#13b(3,4 & 6) of the Initial Environmental Study Determination) Employees of the ballroom shall park in the northwest area of the parking lot, avoiding those parking stalls located in front of other businesses. A sign shall be installed at the front entrance of the building requesting that students do not park in front of existing businesses when these businesses are open in order to allow the parking stalls in front of the other tenants to be used by those respective businesses. This sign must be approved by the Community Development Director for form and content prior to installation 5. #13b(5) of the Initial Environmental Study Determination) The business owner will develop and provide a flyer for students/patrons which promotes ridesharing to and from the business. Form and content of this flyer will be subject to approval of the Community Development Department. 6. #6a(3) of the Initial Environmental Study Determination) Rear doors (those to the north of the building) shall remain closed during business hours; and front entrance doors (those facing the south) shall remain closed when music is being played. 7. #6a(4) of the Initial Environmental Study Determination) Applicant/owner shall position speakers and amplifiers for musical equipment away from residential properties and at a sound level deemed acceptable to the Community Development Department. 8. This proposed. project shall be completed in accordance with the Planning Commission approval on January 16, 1996. All tenant improvements shall be submitted to the Community Development Department in the form of plans and shall be performed by a licensed contractor. This includes structural, mechanical, electrical and plumbing improvements. 9. The building shall be brought into conformity with those City Codes, including the Americans with Disabilities Act, deemed necessary to protect the health, safety, and welfare of the present and/or future inhabitants thereof(Zoning Code Section 18.76.040 (Q. 10. Compliance with all recommendations listed in the memorandum from the City of Grand Terrace Building and Safety Department dated November 20, 1996 (Attachment-D to the Planning Commission Staff Report dated January 16, 1997). 11. Compliance with all recommendations listed in California Department of Forestry and Fire memorandum dated November 14, 1996 (Attachment- C to the Planning Commission Staff Report dated.January 16, 1997). 12. All aspects of the proposed project including the building and landscaping shall be maintained in a clean and functional manner in accordance with this approval and the overall goals and objectives of the City of Grand Terrace. 13. Applicant/business owner must.pay all associated fees for permits and inspections prior to release of building permits or clearances. 14. Upon approval of these conditions and prior to becoming final and binding the applicant must sign an"Acceptance of Conditions" letter. Letter form and content to be prepared by Community Development Department.Noncompliance with the Conditions of Approval may result in revocation of the Conditional Use Permit. 15. Any alteration of use or intensity of use or other significant change in the land use or impacts of this land use (such as overflow parking) as described in this report shall require a formal amendment to this Conditional Use Permit and approval by the Community Development Department. This requirement shall hold true whether the alteration is intended or unintended by the applicant. 16. More than one complaint by surrounding business or residential property owner will require formal code enforcement and review by the Community Development Department and may result in revocation of this permit. 17. Should the applicant wish to host an event or hold a class where attendance would exceed the maximum amount permitted via this CUP (30 people, excluding employees), the applicant shall apply for a Special Event Permit and obtain the property owner's approval for this event. The Special Event Permit shall be valid only upon approval by the Community Development Department prior to the event. NOW, THEREFORE,THE PLANNING COMMISSION OF THE CITY OF GRAND TERRACE,HEREBY APPROVES CUP-96-04 AND E-96-14, BASED ON THE ABOVE FINDINGS. PASSED AND ADOPTED by the Planning Commission of the City of Grand Terrace California at a regular meeting held on the 16th day of January, 1997 by the following vote: AYES: Chairman Sims, Commissioner Addington, Commissioner Huss, Commissioner Wilson,.Commissioner Trainor, Commissioner Ellis NOES: None. ABSENT: Vice Chairperson Van Gelder ABSTAIN: None. ''Jimmy�Sims, Chairperson, Planning Commission ATTEST: Brenda Stanfill, City Clerk he c:/msoffice/commdev/cup/cup9604.per