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2020-02 RESOLUTION NO. 2020-02 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 ADOPT ZONE CODE AMENDMENT 20-01, WHICH AMENDS 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 ADOPT SPECIFIC PLAN AMENDMENT 20-01, WHICH AMENDS THE BARTON ROAD SPECIFIC PLAN (TABLE I, LAND USE MATRIX) TO ESTABLISH REQUIREMENTS FOR BUSINESSES PROPOSING TO OPERATE AT ANY TIME BETWEEN 11:00 P.M AND 6:00 A.M. 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"After-Hours Operations" and revise Chapter 18-33 (C2-General Business District) to establish requirements for uses proposing to operate at any time between 11:00 p.m. and 6:00 a.m., 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 uses proposing hours of operate at any time between 11:00 p.m. and 6:00 a.m., set forth in Exhibit A; 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 uses proposing hours of operation at any time between 11:00 p.m. and 6:00 a.m. within the BRSP and Municipal Code; and WHEREAS, on May 21, 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: 1. 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/Conditional Use Permit review process for uses permitted by right within the Zoning Districts proposing to operate at any time between 11:00 p.m. and 6:00 a.m. Uses proposing such hours of operation will be reviewed to determine the inclusion of conditions 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/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/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) and Specific Plan 20-01 revising sections of the Barton Road Specific Plan (Table I, Land Use Matrix), both of which are attached hereto in Exhibit A. PASSED AND ADOPTED by the Planning Commission of the City of Grand Terrace, California, at a regular meeting held on the 21st day of May 2020. AYES: Commissioners Ceseria, McConnell, Alaniz; Vice-Chair Briggs; Chair Giroux NOES: None. ABSENT: None. ABSTAIN: None. ATTEST: • ;Debra L= Thomas Edward Giroux / :-City Clerk . Chairman mendment 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/Conditional Use Permit review process for uses permitted by right within the Zoning Districts proposing to operate at any time between 11:00 p.m. and 6:00 a.m. Uses proposing such hours of operation will be reviewed to determine the inclusion of conditions 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