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2005-04 RESOLUTION NO. 05- 04 - RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GRAND TERRACE, STATE OF CALIFORNIA, APPROVING SITE AND ARCHITECTURAL CASE NO. 05-10, CONDITIONAL USE PERMIT NO. 05-05 AND ENVIRONMENTAL REVIEW CASE NO. 05-15 FOR THE CONSTRUCTION OF A 3,000 SQUARE FOOT, FAST-FOOD MEXICAN RESTAURANT WITH DRIVE-THRU AND OUTSIDE PATIO EATING AREA WITHIN THE BARTON ROAD SPECIFIC PLAN-GENERAL COMMERCIAL DISTRICT ON A .64 ACRE PARCEL ON THE SOUTH SIDE OF BARTON ROAD APPROXIMATELY 750 EASTERLY OF MICHIGAN AVENUE (22193 -22237 BARTON ROAD) IN THE CITY OF GRAND TERRACE WHEREAS, the applicant has applied for the approval of Site and Architectural Review Case No. 05-10 and Conditional Use Permit Case No. 05-05 to construct a 3,000 square foot fast-food Mexican restaurant (Miguel's Jr.) with drive-thru and outside patio eating area; and WHEREAS,a properly noticed public hearing was held bythe Planning Commission on.Thursday, June 16, 2005; 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-05-15, 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 and uses are consistent with the intent of the Grand Terrace Municipal Code and the General Plan in that it meets the standards of the Barton Road Specific Plan and proposes the construction of a 3,000 square foot fast-food Mexican restaurant with drive-thru and outside patio eating area. 2. The proposed fast-food restaurant with 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. 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. 1 3. The locations 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 fast-food restaurant will be consistent with existing commercial development in the area and the City. In addition, the site will be appropriately landscaped to blend in with existing development and the one-story nature of the project will minimize any adverse impacts to scenic views in the area. 4. The architectural design of the structure, its materials, and colors utilizing light colored tones are visually harmonious with surrounding development and natural landforms; are functional for the proposed project; and are consistentwith the Grand Terrace Municipal Code. Said materials will match existing materials and colors within the City's commercial areas. 5. The plan for landscaping and open spaces provides a functional and visually pleasing setting for the structures on this site and is harmonious with the natural landscape of the area and nearby commercial developments. The proposed landscaping of the site will be minimize any visual impacts related to the proposed project. 6. Because the site has no natural vegetation and is not part of a hillside, there will be 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 will be preserved. 7. The design and locations of all signs associated with this project will be subject to the approval of a sign program to insure that the signs will be 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. 8. 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. BE IT FURTHER RESOLVED that SA-05-10 and CUP-05-05 are hereby approved subject to the following conditions: Conditional Use for the Drive-thru: 1. 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. 2. The drive-thru facility may be used by customers whenever the fast-food restaurant is open for business. 3. A revised site plan shall be submitted identifying the turning radii of the driveway for 2 the drive-thru and the width of the drive-thru driveway as suggested by the City's Traffic Engineer. The turn radii of the drive-thru shall be no less than 30 feet. 4. The 4 foot wide pedestrian walkways crossing the drive-thru at two locations shall be separately treated or emphasized by enriched paving. 5. The operating hours of the proposed fast-food restaurant shall be between 10:00 a.m. to 12:00 a.m (Midnight), seven days a week. Site and Architectural Review: 6. The proposed fast-food Mexican restaurant project shall be maintained in conformance with the Site and Architectural Review as approved by the Planning Commission on June 16, 2005. 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. 7. The proposed colors and materials to be employed shall be in substantial conformance with the color and materials board exhibited at the public hearing on June 16, 2005 8. Pay all applicable development fees, park fees, and school impact fees. 9. 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. s 10. 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. 11. All mechanical equipment shall be screened from public view, and all rooftop mechanical equipment will be screened from view by either the architectural features of the building or by screening to be approved by the Community Development Director. 12. 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 May 24, 2005. 13. The applicant shall comply with all requirements of the County Fire Department, Community Safety Division including comments made in its letter dated June 6, 2005. 14. All food sales on the site must conform to the requirements of the Environmental Health Service Division,Department of Public Health. Health Department clearance shall be obtained prior to the issuance of building permits. 15. The applicant and/or developer must comply with all recommendations of the City Traffic Engineer listed in his memorandum dated June 9, 2005. 16. The proposed trash enclosure shall be constructed of masonry block or other materials to be approved by.the Community Development Director. The trash enclosure shall be finished to match the proposed building including proposed gates. Plans showing the color and materials for the trash enclosure shall be 3 submitted to and approved by the Community Development Director prior to the issuance of building permits. 17. Three copies of landscaping and irrigation plans shall be submitted to the Community Development Director for review and approval. The proposed landscaping shall be in substantial conformance with the preliminary landscaping plan exhibited at the public hearing on June 16, 2005. The landscaping plans shall show the following: 1) the drive-thru shall be sufficiently screened from the public view from Barton Road to screen the drive-thru and to minimize any lighting or glare emanating from vehicles using the drive-thru.This may require the use of a Iowwall or mounding between the drive-thru and the Barton Road right-of-way; 2)all trees planted along Barton Road shall be a minimum of 36" box in size, all other trees shall be a minimum of 24"box in size; and 3)all shrubs planted along Barton Road shall be at least 15 gallon in size. 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 occupancy of the proposed fast- food restaurant. 18. Those landscaped areas within the parkway adjacent to the proposed landscaping on the site shall be replanted to match the new landscaping. In addition, It shall be the responsibility of the property owner and/or tenants to maintain the landscape parkways within the adjacent public right-of-way. 19. All proposed signs for this project shall be subject to a separate sign program application to be reviewed and approved by the Community Development Director. 20. All parking areas shall be surfaced and maintained with asphalt, concrete or other permanent,impervious surfacing material as required by Section 18.60.040 B of the Zoning Code. 21. For any outside lighting proposed, a lighting plan shall be submitted to and approved by the Community Development Department prior to the issuance of building permits.Night lighting for the buildings and parking areas shall be designed to reflect away from nearby residential areas and public roadways. Light standards on the site shall not exceed eighteen feet in height as measured from the finished grade of the parking surface. 22. Prior to the issuance of grading permits, the applicant shall comply with the City of Grand Terrace Stormwater System Ordinance (Ordinance No. 142, Subsection 1.010, 1993) and the.Santa Ana Regional Water Quality Control Board's NPDES Permit for San Bernardino County, as required under the Clean Water Act. 23. The developer shall pay the appropriate traffic impact fees as required by City Ordinance No. 190 prior to the issuance of building permits. 24. All contractors working on this project shall acquire a valid City business licence. 25. The applicant shall agree to enter into a"Development Agreement"with the City of Grand Terrace for the future development of this site and adjacent areas prior to the issuance of building permits. 26. The applicant shall agree to participate with adjoining property owners to prepare a master development plan for the subject site and adjoining parcels as required by the Barton Road Specific Plan. Said agreement will be part of the "Development 4 Agreement" stipulated above. 27. Said master development plan shall include a master plan for utilities to serve the subject site and future adjacent commercial development and shall also include a requirement that the developer of the future adjacent commercial development will have the right to enter onto the subject site to join existing a. c. pavement and utilities and to make minor modifications to landscaping, walls/fences, etc. 28. The applicant shall obtain an easement from the adjacent property owners for reciprocal ingress/egress rights including parking, drainage and utilities. 29. A lot line adjustment shall be processed and approved by the City to create a legal parcel. Said lot line adjustment shall be recorded prior to the issuance of building permits. 30. 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, 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 16th day of June, 2005. AYES: VICE GIUR ADDING'TON, Cal4MSIONER OMIC)CK, OaMISSIONER BIDNEY NOES: NONE ABSENT: qIAID WRSON, OOMMJCNER WHTZEY ABSTAIN:NONE ATTEST: APPROVED AS TO FORM: Brenda Stanfill, l/ � Doug/Mlson, City Clerk 7ChaiVerson, Planning Commission c:\MyFiles\J OH N\MichuelsJ r3\SA-05-10CU P-05-05.resol ution 5