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2020-01RESOLUTION NO. 2020-01 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GRAND TERRACE RECOMMENDING THAT THE CITY COUNCIL MAKE A DETERMINATION THAT ZONING CODE AMENDMENT 20-01 AND SPECIFIC PLAN AMENDMENT 20-01 ARE EXEMPT, PURSUANT TO SECTION 15061(B)(3) OF TITLE 14 OF THE CALIFORNIA CODE OF REGULATIONS, FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND RECOMMENDING THAT THE CITY COUNCIL AMEND CHAPTER 18.06 (DEFINITIONS), CHAPTER 18.33 (C2 GENERAL BUSINESS DISTRICT) SECTION 18.33.020 (PERMITTED USES) AND SECTION 18.33.030 (CONDITIONAL PERMITTED USES) OF TITLE 18 OF THE GRAND TERRACE MUNICIPAL CODE; AND RECOMMENDING THAT THE CITY COUNCIL AMEND THE BARTON ROAD SPECIFIC PLAN (TABLE I, LAND USE MATRIX) TO ESTABLISH REQUIREMENTS FOR BUSINESSES PROPOSING TO OPERATE FOR TWENTY -FOUR - HOURS. WHEREAS, the City of Grand Terrace ("City") adopted a zoning code, which has been amended from time to time; and WHEREAS, pursuant to Sections 65800 and 65850 of the California Government Code, the City may adopt ordinances to regulate the use of buildings in compliance with the California Government Code; and WHEREAS, Zoning Code Amendment 20-01 proposes to amend the Municipal Code, Title 18 (Zoning), Chapter 18.06 (Definitions) to include a definition for "Twenty - Four Hour Retail, Hospitality, and Restaurant Operations" and Chapter 18-33 (C2- General Business District) to establish requirements for "Twenty -Four Hour Retail, Hospitality, or Restaurant Operations" uses as set forth in Exhibit A; and WHEREAS, Specific Plan Amendment 20-01 proposes to amend the Barton Road Specific Plan (BRSP), Table I, Land Use Matrix, to include requirements for "Twenty -Four Hour -Operations" uses as set forth in Exhibit B; and WHEREAS, Zoning Code Amendment 20-01 and Specific Plan Amendment 20- 01 are exempt from California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) in that the activity is covered by the general rule that CEQA applies only to projects, which have the potential for causing a significant effect on the environment. The project will not have a significant effect on the environment because the amendments only change administration procedures establishing requirements for twenty-four (24) hour business operations within the Barton Road Specific Plan and Chapter 18, Zoning, of the City of Grand Terrace Municipal Code; and WHEREAS, on February 20, 2020 the Planning Commission conducted a duly noticed public hearing on Zoning Code Amendment 20-01 and Specific Plan Amendment 20-01 at the Grand Terrace Council Chambers located at 22795 Barton Road, Grand Terrace, California 92313 and concluded the hearing on said date; and 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: The Planning Commission hereby finds that the Zoning Code Amendment 20-01 and Specific Plan Amendment 20-01 satisfy the requirements of CEQA because: a. The proposed Zoning Code Amendment 20-01 and Specific Plan Amendment 20-01 is covered by the general rule that the California Environmental Quality Act (CEQA) applies only to projects, which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The proposed amendments will not create any significant effects on the environment; therefore, the Planning Commission hereby determines that the proposed amendments are exempt from CEQA pursuant of section 15061(b)(3). 2. The Planning Commission finds as follows with respect to Zoning Code Amendment 20-01 and Specific Plan Amendment 20-01: a. The proposed Zoning Code Amendment 20-01 and Specific Plan Amendment 20-01 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 amendment or injurious to property or improvements in the neighborhood or within the City because these amendments establish an Administrative Conditional Use Permit review process for uses permitted by right within the Zoning Districts proposing twenty -four-hour operations. Uses proposing twenty -four-hour operations will be reviewed to include provisions and requirements to prevent adverse impacts to the quality of life of adjacent properties, such as noise, trash, loitering, and impose requirements such as overnight security, adequate lighting, and building maintenance. b. The proposed Zoning Code Amendment 20-01 and Specific Plan Amendment 20-01 are consistent with the General Plan and the Barton Road Specific Plan because an Administrative Conditional Use Permit process gives the City authority to issue and revoke a conditional use permit in order to ensure the community's health, safety, and welfare by reviewing uses which may create objectionable or undesirable effects upon nearby uses, but may still be compatible with the property's zoning. The Administrative Conditional Use permit process also requires applications to be routed to multiple agencies for their review allowing the agencies to provide comments and conditions of approval for the proposed activities, construction, and operations of the proposed use. This process also requires notifications to adjacent property owners. 3. These amendments shall become effective thirty (30) days from and after its adoption by the City Council. 4. Based on the findings and conclusions set forth above, this Commission hereby recommends that the City Council adopt Zoning Code Amendment 20-01 revising sections of the Title 18 (Zoning), attached hereto as Exhibit A and Specific Plan 20-01 revising sections of the Barton Road Specific Plan (Table I, Land Use Matrix), attached hereto as Exhibit B. PASSED AND ADOPTED by the Planning Commission of the City of Grand Terrace, California, at a regular meeting held on the 20th day of February 2020. AYES: Commissioners Briggs, McConnell, Cesena; Vice -Chair Giroux NOES: None. ABSENT: None. ABSTAIN: None. ATTEST: De —bra L. Thomas City Clerk r X di 1 V4:::: � Edward Giroux Vice Chairman EXHIBIT A TITLE 18- ZONING ZONING CODE AMENDMEND 20-01 Chapter 18-06 (Definition) of Title 18 (Zoning) of the Grand Terrace Municipal Code is amended by adding Section 18.06.929 as follows: 18.06.929 - Twenty -Four -Hour Retail, Hospitality, or Restaurant Operations. "Twenty -Four -Hour Retail, Hospitality, or Restaurant Operations" means any hotel, convenience store fueling facility, motel, retail outlet or restaurant, including fast food and drive-thru restaurant, which operates continuously for one or more twenty -four-hour period during a single week. Section 18.33.020 (Permitted Uses) of Chapter 18.33 (C2 General Business District) of Title 18 (Zoning) of the Grand Terrace Municipal Code is amended as follows: 18.33.020 - Permitted uses. Permitted uses in the C2 district shall be as follows: 1. Antique shops; 2. Apparel stores; 3. Appliance stores and repair; 4. Art, music and photographic studios and supply stores; 5. Athletic and health clubs and weight -reducing clinics; 6. Automotive related services (includes motorcycles, boats, recreational vehicles, trailers and campers): parts and supplies; 7. Bakeries (retail only); 8. Barber and beauty shops; 9. Bicycle shops; 10. Book, gift and stationary stores (other than adult related material); 11. Camera shop and film processing services; 12. Candy and confectionery stores (retail only); 13. Carpet and floor covering stores; 14. China and glassware stores; 15. Cleaning and pressing establishments, 16. Computer and software stores; 17. Convenience stores; a. Operating continuously for one or more twenty -four-hour period during a single week. ' 18. Curtain and drapery shops; 19. Delicatessens and specialty food stores; 20. Drug stores and pharmacies; a. Operating continuously for one or more twenty -four-hour period during a single week. a 21. Florist shops; 22. Furniture stores; 23. Grocery stores and supermarkets; a. Operating continuously for one or more twenty -four-hour period during a single week. a 24. Hardware stores; 25. Hobby and craft shops; 26. Ice cream and yogurt shops; 27. Jewelry stores; 28. Laundry (self-service); 29. Leather goods and luggage stores; 30. Liquor stores; 31. Nurseries and garden supply stores; 32. Office supplies store; 33. Paint, glass and wallpaper stores; 34. Pet shops; 35. Printing, blueprinting and reproduction services; a. Operating continuously for one or more twenty -four-hour period during a single week' 36. Record, tape and video stores (sales and rental); 37. Restaurants: a. With the incidental serving of beer and wine (without a cocktail lounge, bar, entertainment or dancing); b. Fast food (without a drive-thru); c. Operating continuously for one or more twenty -four-hour period during a single week.' 38. Shoe stores (sales and repair); 39. Sporting goods stores; 40. Tailor shops; 41. Television, radio, VCR, stereo and CD component stores (sales and repair); 42. Toy stores; 43. Variety department stores; 44. Watch and clock shops (sales and repair), 45. Yardage goods stores; 46. Other uses which are determined by the planning commission to be similar in nature to a use listed in this section; 47. Temporary uses which are determined by the community development director not to have significant long-term impact on the environment. (Uses such as parking lot sales, Christmas tree sales, seasonal sales, rummage sales, and others with review through the land use approval or administrative site and architectural approval process in accordance with Chapter 18.63, Site and Architectural Review.) Footnotes: A proposed twenty -four-hour retail, hospitality use, or restaurant shall comply with the requirements of Chapter 18.84 — Administrative Conditional Use Permit subject to review and approval by the Planning and Development Services Director. The Planning and Development Services Director may impose Conditions of Approval specific to uses with continuous operations for one or more twenty -four-hour period during a single week, including, but not limited to, those conditions relating to parking, security, lighting, noise and property maintenance. A proposed twenty -four-hour retail, hospitality, or restaurant in excess of 2,000 square feet shall require compliance with a Conditional Use Permit pursuant of Chapter 18.83 — Conditional Use Permits subject to review and approval by the Planning Commission. The Planning and Development Services Director shall determine whether a use not specifically permitted to operate continuously for one or more twenty -four-hour period during a single week is a permitted use or conditionally permitted use in the C2 General Business District on the basis of similarity to uses specifically permitted to operate continuously for one or more twenty -four-hour period during a single week. Application for determination of such similar uses shall be made in writing to the Planning and Development Services Director in the form provided by the Planning and Development Services Director and shall include a detailed description of the proposed use and such other information as may be required by the Planning and Development Services Director to facilitate the determination. Such application shall also include payment for such application fees as may be adopted by Resolution of the City Council. The determination of the Planning and Development Services Director shall be appealable to the Planning Commission and the determination of the Planning Commission shall be appealable to the City Council. The determination by the City Council shall be final. Section 18.33.030 (Conditional Permitted Uses) of Chapter 18.33 (C2 General Business District) of Title 18 (Zoning) of the Grand Terrace Municipal Code is amended as follows: 18.33.030 - Conditionally permitted uses. Uses permitted in the C2 district with a conditional use permit shall be as follows: A. Automotive related services (includes motorcycles, boats, recreational vehicles, trailers and campers): 1. Rentals, 2. Sales (new and used vehicles), 3. Service stations; B. Day care centers, C. Motels and hotels; 1. Operating continuously for one or more twenty -four-hour period during a single week. a D. Restaurants; 1. With entertainment and/or serving of alcoholic beverages (other than beer and wine), 2. Fast food (with a drive-thru); 3. Operating continuously for one or more twenty -four-hour period during a single week' E. Secondhand sales; F. Veterinary clinic (completely contained in a building); 1. Operating continuously for one or more twenty -four-hour period during a single week a G. Other uses which are determined by the planning commission to be similar in nature to a use listed in this section; H. Outdoor displays/uses shall take place in front of business on site, which have been approved with a conditional use permit. Under special circumstances outdoor uses/displays are allowed without conditional use permits during two citywide events (the Grand Terrace Days in June and Tour De Terrace Bike Event in October), and in connection with business grand openings. Temporary special event permits will be required for display of associated balloons, banners and special event signs. Footnote - A Conditional Use Permit for a use proposing continuous operations for one or more twenty -four-hour period during a single week shall be required pursuant to Chapter a 18.83 — Conditional Use Permits. The Planning Commission may impose Conditions of Approval specific to a use proposing continuous operations for one or more twenty- four -hour period during a single week, including, but not limited to, conditions relating to parking, security, lighting, noise and property maintenance. EXHIBIT B BARTON ROAD SPECIFIC PLAN (BRSP) SPECIFIC PLAN AMENDMENT 20-01 Table I, Land Use Matrix of the Barton Road Specific Plan is amended as follows: TABLE I, LAND USE MATRIX General Village Commercial Commercial PA 1 PA 2 Office/ Professional PA 3 1. Retail Commercial Uses Ambulance Services C(5) Antique Shops P P Apparel Stores P P Appliance Stores and Repair P P Art, Music, and Photographic Studios and P P P Supply Stores Auditoriums C _ Athletic and Health Gyms and Weight Reducing P C C Clinics Auto Service Station P C (4) Auto Related (including motorcycles, boats, P trailers, campers): a) Sales (with ancillary P repair facilities in a P totally enclosed area) P b) Rentals c) Parts and Sunnlies d) Repair Bakeries (retail only) P P Barber and Beauty Shops P P P Bicycle Shops P P P Blueprint and Photocopy P P p Boats Sales C Book & Stationary Stores (other than adult related P P P material Bowling Alleys C Camera Shop (including P P P processing) Candy and Confectioneries C P P Car Washes C Catering Services P C China and Glassware Stores P P Cleaning & Pressing C C C Establishments Convenience Stores P P C a) Operating continuously for one or more twenty-four- C(5) C(5) C(5) hour period during a single week 0) Costume Design Studios P Curtain and Drapery Shops P P Day Care Centers C C C Delicatessens / Specialty P P P Food Stores Department Stores P P Drug Stores and Pharmacies P P P a) Operating continuously for one or more twenty-four- C(5) C(5) C(5) hour period during a single week(') Equipment/Party Rental Farmers Markets Feed and Grain Sales Floor Covering Shops Florist Shops P P P P P P P P Food Markets a) Operating continuously for one or more twenty-four- hour period during a single week(5) P C(5) P C(5) Furniture Stores P P Garden Supply Stores Gift Shops P P C P P Hardware Stores P C Health Centers P C C Hobby and Craft Shops P P P Household Goods P p Hotels/Motels C5 Ice Creams and Yogurt Shops P P P Ice Sales P Jewelry Stores P P P Laundry (Self Service) P P P Leather Goods and Luggage Stores Liquor Stores P P (3) P p Locksmiths Shops P P P Mail Order Businesses P P Message Centers and P.O. Boxes P P P Mobile Home Sales Music, Dance, and Exercise Studios C C(5) C(5) C(5) Notions or Novelty stores P P Nurseries & Garden Supply Stores within enclosed area P C Office, Bus. Machine Sale & P P P Repair Pawn Shops C Computer & Software Stores P P P Paint, Glass, and Wallpaper P Stores Pet Shops --.__P P P Recycling Collection Services C C Record, Tape, & video Stores (including rental) P P P Restaurants (sit down): a) With entertainment and/or serving of alcoholic beverages P P C b) Incidental serving of beer and wine (without a cocktail lounge, bar, entertainment, or dancing) P C C c) Fast Food: without drive- thru P C C d) Fast Food: with drive-thru P C C e) Operating continuously for one or more twenty-four- C(5) C(5) C(5) hour period during a single week(') Schools, Business & C C _ C professional Shoe Stores, Sale and Repair P P P Smoke Shops P P Sporting Goods Stores P P Stained Glass Assembly P Supermarkets P P a) Operating continuously for one or more twenty -four-hour C(5) C(5) period during a single week(5) Tailor Shops P P P Television, Radio, VCR, Stereo, and CD Component P P Sales Tire Stores P Toy Stores _ P P Travel Agencies P P P Variety Department Stores, Junior Department Stores _ P P Veterinary (domestic, non- C(5) boarding) Watch and Clock Repair P p �� Stores Yardage Goods Stores P P TABLE I, LAND USE MATRIX (cont.) General Village Office/ Commercial Commercial Professional PA 1 PA 2 PA 3 2. Entertainment and Cultural Uses Cultural / Artist Exhibits: a. Indoor gallery and art sales P P b. Outdoor art exhibits C C Movie theaters P 3. Office and Administrative Uses Banks, Finance Services and Institutions P P P Business and Office Services P P P Interior Decorating Firms P P P (2) Medical / Dental Offices and Related Health Clinics P P P Medical Laboratories P P P Optician and Optometric Shops P P P Realtors and Real Estate Offices P P p Travel Agencies P P P 4. Public and Quasi Public Uses Government Offices and Facilities C C C Public Schools P Churches C P Private Schools Associated with a C P Church and located on same site Notes: (1) Outdoor displays/uses shall take place in front of business on site, which have been approved with a conditional use permit. Under special circumstances, outdoor uses/ displays are allowed without conditional use permits (refer to Development Regulations). (2) Permitted with no showroom facilities. (3) Conditional permit required for off sale of alcoholic beverages within 500 feet of a school. (4) An auto service station featuring the sales of gasoline with a convenience food market is permitted with the approval of a Conditional Use Permit by the Planning Commission at the southwest corner of Barton Road and Mount Vernon Avenue only. (5) A proposed twenty -four-hour retail, hospitality use, or restaurant shall comply with the requirements of Chapter 18.84 — Administrative Conditional Use Permit subject to review and approval by the Planning and Development Services Director. Conditions of Approval specific to the uses operating continuously for one or more twenty -four-hour period during a single week may be assigned, including but not limited to parking, security, lighting, noise and property maintenance. A proposed twenty -four-hour retail, hospitality, or restaurant in excess of 2,000 square feet shall require compliance with a Conditional Use Permit pursuant of Chapter 18.83 — Conditional Use Permits subject to review and approval by the Planning Commission. For other uses proposing continuous operations for one or more twenty -four-hour period during a single week that are not identified on Table I Land use Matrix, the Planning and Development Services Director shall determine whether such use is a permitted use or conditionally permitted use on the basis of similarity to uses specifically permitted to operate continuously for one or more twenty -four-hour period during a single week. Application for determination of such similar uses shall be made in writing to the Planning and Development Services Director in the form provided by the Planning and Development Services Director and shall include a detailed description of the proposed use and such other information as may be required by the Planning and Development Services Director to facilitate the determination. Such application shall also include payment for such application fees as may be adopted by Resolution of the City Council. The determination of the Planning and Development Services Director shall be appealable to the Planning Commission and the determination of the Planning Commission shall be appealable to the City Council. The determination by the City Council shall be final.