Grand Terrace City Council
October 14, 2025

Measure TCR‐1. The archaeologist shall monitor the remainder of the project and implement the Plan accordingly. If unanticipated human remains or funerary objects are encountered during any activities associated with the project, work in the immediate vicinity (within a 100‐foot buffer of the find) shall cease and the County Coroner shall be contacted pursuant to State Health and Safety Code §7050.5 and that code enforced for the duration of the project.

GEO-1 Prior to issuance of grading permits, the City shall verify that the following note is included on the grading plans: “If paleontological resources are encountered during the course of ground disturbance, work within 60 feet of the find shall be halted and an exclusionary buffer shall be established. A paleontologist shall be contacted to assess the find for scientific significance. No ground‐ disturbing activity within the 60‐foot exclusionary buffer may occur without the consent of the paleontologist and the City of Grand Terrace Planning and Development Director.

If determined to be significant, the fossil(s) shall be collected from the field. The paleontologist may also make recommendations regarding additional mitigation measures, such as paleontological monitoring. Scientifically significant resources shall be prepared to the point of identification, identified to the lowest taxonomic level possible, cataloged, and curated into the permanent collections of a museum repository. If scientifically significant paleontological resources are collected, a report of findings shall be prepared to document the collection.” This measure shall be implemented to the satisfaction of the City of Grand Terrace Planning Director or his/her designee.

TCR-1 Prior to the issuance of grading permits, the applicant shall provide evidence to the City the following language is included on final grading documents: “The San Manuel Band of Mission Indians Cultural Resources Department(SMBMI)shall be contacted, as detailed in Mitigation Measure CUL‐1, of any pre‐contact cultural resources discovered during project implementation, and be provided information regarding the nature of the find, so as to provide Tribal input with regards to significance and treatment. Should the find be deemed significant, as defined by CEQA (as amended, 2015), a cultural resources Monitoring and Treatment Plan shall be created by the archaeologist, in coordination with SMBMI, and all subsequent finds shall be subject to this Plan. This Plan shall allow for a monitor to be present that represents SMBMI for the remainder of the project, should SMBMI elect to place a monitor on site. Any and all archaeological/cultural documents created as a part of the project (isolate records, site records, survey reports, testing reports, etc.) shall be supplied to the applicant and Lead Agency for dissemination to SMBMI. The Lead Agency and/or applicant shall, in good faith, consult with SMBMI throughout the life of the project.” HYD-1 Prior to the issuance of a grading permit, the Project Applicant shall file and obtain a Notice of Intent (NOI) with the Regional Water Quality Control Board (RWQCB) in order to be in compliance with the State National Pollutant Discharge Elimination System (NPDES) General Construction Storm Water Permit for discharge of surface runoff associated with construction activities.

Evidence that this has been obtained (i.e., a copy of the Waste Discharger's Identification Number) shall be submitted to the City of Grand Terrace for coverage under the NPDES General Construction Permit. The NOI shall address the potential for an extended and discontinuous construction period based on funding availability. This measure shall be implemented to the

satisfaction of the Director of the City Engineering Division of the Public Works Department or designee.

HYD-2 Prior to the issuance of a grading permit, the Project Applicant shall submit to the City of Grand Terrace a Storm Water Pollution Prevention Plan (SWPPP).

The SWPPP shall include a surface water control plan and erosion control plan citing specific measures to control on-site and off-site erosion during the entire grading and construction period. In addition, the SWPPP shall emphasize structural and nonstructural Best Management Practices (BMPs) to control sediment and non-visible discharges from the site. The SWPPP shall include inspection forms for routine monitoring of the site during both the grading and construction phases to ensure National Pollutant Discharge Elimination System (NPDES) compliance and that additional BMPs and erosion control measures will be documented in the SWPPP and utilized if necessary. The SWPPP shall address the potential for an extended and discontinuous construction period based on funding availability. The SWPPP shall be kept on site for the entire duration of Project construction and shall be available to the local RWQCB for inspection at any time. BMPs to be implemented may include the following:
• Sediment discharges from the site may be controlled by the following:
sandbags, silt fences, straw wattles and temporary basins (if deemed necessary), and other discharge control devices. The construction and condition of the BMPs shall be periodically inspected during construction, and repairs shall be made when necessary as required by the SWPPP. • Materials that have the potential to contribute to non-visible pollutants to storm water must not be placed in drainage ways and must be contained, elevated, and placed in temporary storage containment areas. • All loose piles of soil, silt, clay, sand, debris, and other earthen material shall be protected in a reasonable manner to eliminate any discharge from the site. Stockpiles shall be surrounded by silt fences and covered with plastic tarps.
• In addition, the construction contractor shall be responsible for performing and documenting the application of BMPs identified in the SWPPP. Weekly inspections shall be performed on sandbag barriers and other sediment control measures called for in the SWPPP. Monthly reports and inspection logs shall be maintained by the contractor and reviewed by the City of Grand Terrace and the representatives of the State Water Resources Control Board. If it is not feasible to implement specific BMPs, the City of Grand Terrace can make a determination that other BMPs will provide equivalent or superior treatment either on or off site.

HYD-3 Prior to issuance of a grading permit, the Project Applicant shall submit evidence to the City that the Low Impact Development (LID) Best Management Practices ( BMPs) specified in the Final Water Quality Management Plan (Preliminary WQMP) approved by the City of Grand Terrace shall be written into the grading and development plans submitted to the City for review and approval to manage water quality and hydrologic effects of the proposed Project. Specifically, the LID BMPs shall be implemented to ensure the Project

meets or exceeds the minimum design capture volume of the site. Periodic maintenance of LID BMPs during Project occupancy and operation shall be in accordance with the schedule outlined in the Final WQMP. This measure shall be implemented to the satisfaction of the Director of the City Engineering Division of the Public Works Department or designee.

28. Prior to the issuance of a certificate of Use and Occupancy, the Applicant shall submit three (3) copies of landscape and irrigation plan to the Planning and Development Services Department for review and approval. The landscape and irrigation plans shall be prepared in accordance with the City's Water Efficient Landscape Ordinance (Chapter 15.56) Landscaping Standards contained in Chapter 18.60 of the Zoning Code, in compliance with the most recent version of the State Model Ordinance, and the Landscape Enhancement Exhibit, which is attached hereto as Exhibit 5. The plans shall demonstrate the following:
a. The proposed parkway trees shall comply with the list of approved trees contained on Chapter 12.28 - Street and Parkway Trees of the Municipal Code. b. Ensure that proposed plant material, at maturity, will maintain clear line visibility at all intersections as determined by the City's Traffic Engineer. c. Plant material adheres to spacing recommendations based on plant and shrub species. d. Note the material that will placed in planter areas, i.e. mulch, decorative rock, etc. e. Irrigation shall be located along the vines fencing along the north, west, and south perimeter of the property. Vines planting material shall be a minimum 15-gallon. f. The south privacy fence located between the future Community Garden and the business parking area shall be planted with vines and irrigated. g. The proposed landscape shall incorporate a drip irrigation system. h. Irrigation shall be included in the raised Community Garden beds and the community fruit tree grove.
i. A water spigot shall be located at the future Community Garden area. j. Include a legend: type of species, including common and scientific name of the planting, size, landscape percentage.
k. All trees shall be a minimum size of 15-gallons and have a minimum height of eight feet at the time of planting.
l. Shrubs shall be a minimum of 1-gallon size at the time of planting. m. Ground cover shall be healthy, dense foliage, and well routed cuttings, or one-gallon container plants.
n. The spacing of trees and shrubs shall be appropriate for the species used. o. Twenty percent of planting material shall be pollinating plants. p. Approval must be obtained for removal of all trees having a trunk diameter of 10 inches or more measured 48 inches above existing grade.
q. Submit an initial deposit of $2,000 deposit for landscape plan check review.

29. The proposed storage shed and shade shelters’ size, style, and location shall be reviewed and approved by the Planning and Development Services Department prior to construction.

30. Proposed lighting shall not produce any glare onto adjoining properties and shall be shielded as may be required. Lighting shall not exceed eighteen feet in height from the finished grade and shall be designed to reflect away from residential district and public roadways. A photometric plan shall be included in the construction plans for review.

31. Prior to the construction of perimeter fencing on shared property lines, the Applicant shall submit a Fence/Wall Agreement signed by the adjacent property owners.

32. The Applicant shall comply with the National Pollutant Discharge Elimination System (NPDES}.

33. The proposed 4,800 square foot maintenance building shall be reviewed and approved through an Administrative Conditional Use Permit by the Planning and Development Services Division and the Building and Safety Division. The Applicant shall obtain easement holder clearances prior to the construction of any structures located within any easement.

34. Any future water well shall be reviewed and approved by City Departments and agencies, including obtaining applications and clearances by San Bernardino County Environmental Health Services Department. A copy of such certificates shall be provided to the Planning and Development Services Division and the Building and Safety Division.

35. Any future development on the site, including alterations, conversions, remodels, and new structures shall require compliance with the Municipal Code and the Floodplain Ordinance.

36. All ground mounted equipment, including backflow devices, shall be screened in a manner that does not impede traffic visibility.

37. The Applicant shall be responsible for regular and ongoing upkeep and maintenance of the site.

38. All contractors shall acquire a valid City business license and be in compliance with all City codes.

Public Works

39. All proposed public street improvements shall be designed by persons registered and licensed pursuant to the Business and Professions Code and all street work will require a contactor licensed in the State of California and insured pursuant to the City's insurance requirements.

40. The applicant shall dedicate right of way and/or construct all missing or damaged public improvements. The missing or damaged public improvements shall include, but are not limited to, pavement, curb, gutter, sidewalk, driveway approach, and streetlights as directed by the Public Works Department.

41. Install centrally located concrete ornamental streetlights in the right of way and pay oneyear energy cost for streetlights. Coordinate with Southern California Edison and the City of Grand Terrace for cost and locations. Streetlights shall be LED type.

42. Provide half street width paving overlay after utility installations on the entire length of the project. Minimum 2-inch asphalt overlay with an asphalt grind. All grindings shall be recycled.

43. The Applicant shall submit proposed sewer plans to the City of Colton Wastewater Department and Public Works for plan review. The Applicant shall pay all plan review fees and permit fees for the sewer review to the City of Colton and Public Works. Please provide a written "Will Serve" letter and sewer plans to the City of Grand Terrace for approval before any permits are issued.

44. The applicant shall submit proposed water plans to the Riverside Highland Water Company and Public Works for plan review. The Applicant shall pay all plan review fees and permit fees for the water review to Riverside Highland Water Company and Public Works. Please provide a written "Will Serve" letter and plans to the City of Grand Terrace for approval before any permits are issued.

45. Applicant shall submit proposed water plans for fire hydrants to the County of San Bernardino Fire Department for plan review and approval. Applicant shall pay all plan review fees and permit fees for the fire hydrant system review to the County of San Bernardino Fire Department.

46. Provide additional 20 feet right of way dedication on Terrace Avenue which is classified as a Local Road with 60 feet ultimate width the entire length of the property. Street improvements will be required to extend beyond the frontage of the project to blend and taper the pavement for traffic and address street flows for drainage. Provide full width paving section and curb, gutter, sidewalk, streetlights along project frontage and signage and striping per standard 104.

47. Truck guide signs shall be posted at intersections and in the area around Terrace to keep truck traffic on Terrace and Barton Road as directed by the City Engineer.

48. The exhibit is showing a partial Knuckle, however, the access under the railroad is conditioned to be gated by another project so a full truck turning cul-de-sac will be needed per standard 120 or Riverside County standard 800.

49. Terrace from south property line to Walnut shall have a Paved Road Section per standard 114a and a barrier on the west side at a grade difference of four feet or greater below the existing road grade. Type of banier to be approved by City of Colton and Grand Terrace.

50. The curb returns and ramps on Terrace Ave shall be constructed per San Bernardino County Standard 110. The radius of these curbs shall be 50 feet.

51. Minimum driveway grades shall be consistent with San Bernardino County Standard 131.

Riverside County Standard driveway approach can also be used.

52. A truck haul permit shall be required if more than 50 cubic yards of earth will be hauled on City streets. Additional conditions, such as truck route approval, traffic controls, bonding, and/or street cleaning may be required by the City engineer.

53. The geotechnical report recommendations on- and off-site excavation, compaction, slope stability and paving sections shall be submitted. The date of the report shall be placed on the title sheets of the street plans.

54. Monumentation: If any activity on this project will disturb any land survey monuments, the disturbed monumentation shall be located and referenced by or under the direction of a licensed land surveyor or a registered civil engineer authorized to practice land surveying prior to commencement of any activity with the potential to disturb the monumentation, and a comer record or record of survey of the references shall be filled with the County.

55. All construction projects shall comply with the National Pollutant Discharge Elimination Systems (NPDES) and the current San Bernardino County MS4 permit.

56. The subdivider shall protect downstream properties from damage caused by alteration of the drainage patterns, i.e., concentration or diversion of flow.

57. Protection shall be provided by constructing adequate drainage facilities including enlarging existing facilities and/or by securing a drainage easement. The subdivider shall provide mitigation measures Best Management Practices to be incorporated into the development to prevent flooding of the site and downstream properties. The retention of the post-development runoff from the 100-year event shall be required as part of the drainage improvements for this project.

58. The subdivider shall accept and properly dispose of all off-site drainage flowing onto or through the site. In the event the Public Works Department permits the use of streets for drainage purposes, the provisions of City/County Ordinance will apply.

Building & Safety

59. All structures shall be designed in accordance with the currently adopted building codes by the State of California and City of Grand Terrace Municipal Code as adopted at time of plan submittal. Note if a new code has been adopted prior to the submittal, then all structures shall be designed to the current model code year.

60. The Developer/Owner is responsible for the coordination of the final occupancy. The Developer/Owner shall obtain clearances from each department and division prior to requesting a final building inspection from Building & Safety. Each agency shall sign the bottom of the Job Card or Certificate of Occupancy Clearance Form.

61. All construction sites must be protected by a security fence and screening. The fencing and screening shall be maintained at all times to protect pedestrians. Temporary toilet facilities shall be provided for construction workers. The toilet facilities shall be maintained in a sanitary condition. Construction toilet facilities of the non-sewer type shall conform to ANSI ZA.3.

62. Construction projects which require temporary electrical power shall obtain an Electrical Permit from Building & Safety. No temporary electrical power will be granted to a project unless one of the following items is in place and approved by Building & Safety and the Planning Division:

A. Installation of a construction trailer, or,

B. Security fenced area where the electrical power will be located.

63. Installation of construction/sales trailers must be located on private property. No trailers can be located in the public street right of way.

64. Separate plan submittals and permits are required for all accessory structures including but not limited to patios, block walls, storage buildings, community playgrounds, etc.

65. Pursuant to the California Business and Professions Code Section 6735, most projects are required to be designed by a California Licensed Architect or Engineer. The project owner or developer should review the section of the California Codes and comply with the regulation.

66. Prior to the issuance of a building permit, the applicant shall pay all Development Improvement Fees to the City; this includes school fees and outside agency fees including but not limited to Colton Wastewater, Riverside-Highland Water Co. and utilities. Copies of receipts shall be provided to Building & Safety prior to permit issuance.

67. Prior to issuance of Building Permits, on site water service shall be installed and approved by the responsible agency. On site fire hydrants shall be approved by the Fire Department. No flammable materials will be allowed on the site until the fire hydrants are installed and approved.

68. Prior to issuance of building permits, provide Building & Safety with a will service letter from Riverside Highland Water District.

69. All construction projects shall comply with the National Pollutant Discharge Elimination Systems (NPDES), and the San Bernardino County MS-4 Storm Water Permit.

70. Provide civil engineering drawings for dedication of 15 foot of right of way and all public right of way improvements including curb, gutter and half street width improvements.

Civil engineering drawings and dedication shall be submitted to Public Works to be checked by the City Engineer and recorded with the County Recorder's office before permits are issued.

71. Prior to building permit issuance, the applicant shall establish haul services for construction waste material with Burrtec to facilitate the recycling of all recoverable/recyclable material as mandated under the California Green Code and City of Grand Terrace Municipal Code.

72. The applicant shall submit a completed Construction & Demolition (C&D) Waste Diversion Program / Waste Management Plan (WMP) form along with the required C&D deposit based per square footage of construction and/or demolition prior to building permit issuance.

73. Project with new landscape areas of 500 square feet or more are subject to the 2015 Model Water Efficient Landscape Ordinance (MWELO).

___ Planning and Development Services Department
September 25, 2020
Patrick O'Brien
Grand T-1 LLC
Delivered by Via E-mail and Mail
1040 S. Mount Vernon Avenue, Suite G-285
Colton, CA 92324
Re: Conditional Use Permit 19-01, Site and Architectural Review 19-03, and Environmental 19-05 to construct a Trailer/Container Storage Facility (APN: 0275- 191-06 and 0275-191-30)
Dear Mr. O'Brien:

We are pleased to inform you that at their meeting of August 25, 2020, the City Council of the City of Grand Terrace held a Public Hearing and upheld the Planning Commission determination by adopting Resolution 2020-32 (enclosed) approving (3 to 2) the above-referenced applications to construct a trailer/container storage facility on a

21.92-acre lot. There were no appeals made during the public hearing. The notice of determination was mailed to the Clerk of the Board of Supervisors enclosed is a copy of the filing and receipt for your records.

The approval by the City Council is not effective until the "Acceptance of Conditions of Approval" form, enclosed herein, has been signed by you and returned to the Planning and Development Services Department.

Good luck with your project. ff you have any questions, contact me at (909) 824-6621 ext. 225
Sincerely,
STEVEN
~1'- A. WEISS, AICP
Planning and Development Services Director
Enclosure
\\Cogt-fs2\vol3\USERS\COMDEV\Project Files\CUP 19-01_ 0Brien\Appeal\CUP 19-01_Approval Letter 9.25.2020.doc
22795 Barton Road, Grand Terrace, California, 92313-5295 909/824-6621 Fax 9091783-2600

ACCEPTANCE OF CONDITIONS

OF APPROVAL

APPROVAL BY CITY COUNCIL OF THE CITY OF GRAND TERRACE TO

UPHOLD THE PLANNING COMMISSION'S APPROVAL TO ADOPT A MITIGATED NEGATIVE DECLARATION (ENVIRONMENTAL 19-05) PURSUANT TO THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND APPROVING CONDITIONAL USE PERMIT 19-01 AND SITE AND ARCHITECTURAL REVIEW 19- 03 TO DEVELOP A TRAILER/CONTAINER STORAGE FACILITY FOR A MAXIMUM OF 650 PARKING SPACES FOR EMPTY SEMI-TRAILERS, SHIPPING AND STORAGE CONTAINERS, AND CHASSIS USE ON A 21.92-ACRE SITE (ASSESSOR'S PARCEL NUMBERS [APNs] 0275-191-06 AND 0275-191-30 WHICH IS CURRENTLY UNDEVELOPED AND LOCATED APPROXIMATELY 520 FEET

NORTH OF VIVIENDA AVENUE AND SOUTH OF THE SANTA ANA RIVER TRAIL IN

THE NORTHWESTERN PORTION OF THE CITY

1. Conditional Use Permit 19-01 is approved to conduct truck trailer storage of empty trailers on a 21-acre property located approximately 520 feet north of Vivienda Avenue and south of the Santa Ana River trail in the northwestern portion of the city. This approval is granted based on the application materials submitted by GT-1, Inc. (Patrick O'Brian) on January 2, 2019, including revised Project plans received March 3, 2020. This approval includes development of a trailer/container storage facility. The Project will provide a maximum of 650 parking spaces for semi-trailers, shipping and storage containers, and chassis.

The application materials are approved as submitted and conditioned herein and shall not be further altered except as modified by these conditions of approval and mitigation measures, and unless reviewed and approved by the affected departments.

2. Prior to issuance of a certificate of use and occupancy, the Applicant has voluntarily agreed to and shall enter into a Community Benefit Agreement (CBA) with the City, subject to City Attorney approval as to form, in which the Applicant will pay for and provide certain community amenities to the City. For the purposes of the CBA, such community amenities shall include, but not be limited to, a Community Garden located on a portion of the property with raised community garden beds and a grove of fruit trees and related improvements, including, but not limited to, the provision of water to such garden and access road improvements; a pedestrian trail connection to the Santa Ana River Trail with an ornate sign and related improvements, including, but not limited to, access road improvements; a teaching amphitheater at the Grand Terrace Fitness Park (located at 21937 Grand Terrace Road, Grand Terrace, CA 92313) and related improvements; and a monetary donation for future City street

ACCEPTANCE OF CONDITIONS

OF APPROVAL
maintenance in an amount to be provided in a Community Benefit Agreement for City Council consideration and approval.

3. The proposed business hours will be Monday thru Friday from 7:00 a.m. to 8:00 p.m. and a total of twelve employees. No business activities shall be conducted after 10:00 p.m. except for emergency purposes only.

4. Minor modifications to this approval which are determined by the Planning and Development Services Director to be in substantial conformance with the approved site plan, and which do not intensify or change the use or require any deviations from adopted standards, may be approved by the Planning and Development Services Director upon submittal of an application and the required fee consistent with the Grand Terrace Municipal Code.

5. 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 Planning and Development Services 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.

6. 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 Planning and Development Services Department.

7. Under no condition shall there be stockpiling of material prior to the issuance of the first grading permit and related conditions of approval for the grading permit.

8. If exhibits, and written conditions are inconsistent, the written conditions shall prevail.

9. The Applicant or authorized agent shall apply to the United States Occupational Safety and Health Administration (OSHA) to permit an alternative to back up alarms on "yard goats" and forklifts for the purpose of lessening the noise and

ACCEPTANCE OF CONDITIONS

OF APPROVAL
frequency of standard back up apparatus. Said apparatus shall be reviewed and approved by OSHA and the Director of Planning and Development Services prior to the issuance of the first certificate of use and occupancy.

10. Heavy maintenance of trailers shall be strictly prohibited.

11. 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.

12. The Applicant shall comply with all applicable Federal, State, County and Local Codes, at all times.

13. The Applicant shall obtain legal and physical access across adjacent properties to the public roadway, which may include Railroad Access Road or utilize the property's legal access at Vivienda Avenue, and shall include access rights for the City for the purpose of allowing access for all City vehicles, including police, fire, and other emergency vehicles. The document(s) recording the road access easement shall be prepared by the Applicant for review and approval by the City Engineer prior to recordation. The Vivienda Avenue legal access improvements shall be determined and reviewed by the City Engineer.

14. Access rights shall be granted to the City for the purpose of allowing access over private drives within the development for all City vehicles, including police, fire, and other emergency vehicles. The document(s) recording this access shall be prepared by the Applicant for review and approval by the City Engineer, prior to recordation.

15. The Applicant shall obtain a City's Business License from the Finance Division and shall be renewed annually for as long as the business remains in operation.

16. The Applicant shall comply with all requirements of the City of Grand Terrace Building and Safety Division, including the conditions of approval contained in the Building Official's Memorandum dated March 23, 2020, attached hereto as Exhibit 1.

17. The Applicant shall comply with all requirements of the City of Grand Terrace Public Works Director, including the conditions of approval contained in the Director's Memorandum dated March 13, 2020, attached hereto as Exhibit 2.

ACCEPTANCE OF CONDITIONS

OF APPROVAL

18. The Applicant shall comply with all requirements of the San Bernardino County Fire Department, Office of the Fire Marshal Community Safety Division, including the conditions of approval contained in their Permit Number: FPLN-2019-00163.

The Applicant shall resubmit plans to SBCF as indicated on the Fire Comment dated October 07, 2019, attached hereto as Exhibit 3.

19. Prior to the issuance of a Certificate of Occupancy by the Building and Safety Division, the Applicant shall provide a will service letter and obtain all requisite permits and clearances from Riverside Highland Water Company (RHWCO).

20. Prior to obtaining clearances form the San Bernardino County Fire Department, Office of the Fire Marshal Community Safety Division and clearances from the Riverside Highland Water Company (RHWCO) shall be completed.

21. Prior to the issuance of grading permits, the Applicant shall obtain all clearances from Burrtec for trash collection services.

22. Prior to the issuance of grading permits, the Applicant shall comply with all the requirements of the City of Colton Water and Wastewater Department, relating to sewer service requirements.

23. The Applicant or assignee shall provide a Project delivery staging and operating schedule to the City for the purpose of avoiding stacking of trucks and trailers at major City intersections. The schedule shall be submitted for review and approval by the Planning and Development Services Department on a quarterly basis for the first three calendar years of operation commencing on the date that the Project use begins operating.

24. The Applicant shall avoid truck or trailer movement during Grand Terrace traffic peak hours between 6:30 a.m. to 8:30 a.m. and 4:30 p.m. and 6:30 p.m. Truck stacking from Terrace Avenue to Barton Road shall be prohibited.

25. Project truck traffic shall continue exclusively on Terrace Avenue and shall not enter residential streets at Vivienda Avenue and Walnut Avenue. There shall be zero tolerance for any truck traffic

26. The Planning and Development Services Director shall periodically evaluate the Project use to ensure it is operated in a manner consistent with the conditions of approval, including the mitigation measures included in the initial study dated March 2020. If adverse traffic impacts are identified, the Conditional Use Permit shall be reviewed, pursuant to Section 18.83.032 (Revisions or modifications).

ACCEPTANCE OF CONDITIONS

OF APPROVAL

27. The trash enclosure shall be no less than six feet in height, constructed of decorative block walls, with solid metal gates attached to posts, embedded in concrete.

28. The Applicant shall comply with the Mitigation Measures included on the Mitigation Monitoring and Reporting Program Checklist of the Initial Study dated March 2020, attached hereto as Exhibit 4.
a. Biological Resources, BI0-1
b. Cultural Resources, CUL-1
c. Geology and Soils, GE0-1
d. Hydrology and Water Quality, SC HYD-1, 2, & 3
e. Tribal Cultural Resources, TRC-1

29. The Applicant shall comply with the following Hydrology and Water Quality Conditions included on the Initial Study:

SC HYD-1 : Prior to the issuance of a grading permit, the Project Applicant shall file and obtain a Notice of Intent (NOi) with the Regional Water Quality Control Board (RWQCB) in order to be in compliance with the State National Pollutant Discharge Elimination System (NPDES) General Construction Storm Water Permit for discharge of surface runoff associated with construction activities.

Evidence that this has been obtained (i.e., a copy of the Waste Discharger's Identification Number) shall be submitted to the City of Grand Terrace for coverage under the NPDES General Construction Permit. The NOi shall address the potential for an extended and discontinuous construction period based on funding availability. This measure shall be implemented to the satisfaction of the Director of the City Engineering Division of the Public Works Department or designee.

SC HYD-2: Prior to the issuance of a grading permit, the Project Applicant shall submit to the City of Grand Terrace a Storm Water Pollution Prevention Plan (SWPPP). The SWPPP shall include a surface water control plan and erosion control plan citing specific measures to control on-site and off-site erosion during the entire grading and construction period. In addition, the SWPPP shall emphasize structural and nonstructural Best Management Practices (BMPs) to control sediment and non-visible discharges from the site. The SWPPP shall include inspection forms for routine monitoring of the site during both the grading and construction phases to ensure National Pollutant Discharge Elimination System (NPDES) compliance and that additional BMPs and erosion control measures will be documented in the SWPPP and utilized if necessary. The SWPPP shall address the potential for an extended and discontinuous construction period based on funding availability. The SWPPP shall be kept on

ACCEPTANCE OF CONDITIONS

OF APPROVAL
site for the entire duration of Project construction and shall be available to the local RWQCB for inspection at any time. BMPs to be implemented may include the following:
• Sediment discharges from the site may be controlled by the following:
sandbags, silt fences, straw wattles and temporary basins (if deemed necessary), and other discharge control devices. The construction and condition of the BMPs shall be periodically inspected during construction, and repairs shall be made when necessary as required by the SWPPP. • Materials that have the potential to contribute to non-visible pollutants to storm water must not be placed in drainage ways and must be contained, elevated, and placed in temporary storage containment areas. • All loose piles of soil, silt, clay, sand, debris, and other earthen material shall be protected in a reasonable manner to eliminate any discharge from the site. Stockpiles shall be surrounded by silt fences and covered with plastic tarps.
• In addition, the construction contractor shall be responsible for performing and documenting the application of BMPs identified in the SWPPP.

Weekly inspections shall be performed on sandbag barriers and other sediment control measures called for in the SWPPP. Monthly reports and inspection logs shall be maintained by the contractor and reviewed by the City of Grand Terrace and the representatives of the State Water Resources Control Board. In the event that it is not feasible to implement specific BMPs, the City of Grand Terrace can make a determination that other BMPs will provide equivalent or superior treatment either on or off site.

This measure shall be implemented to the satisfaction of the Director of the City of Grand Terrace Engineering Division of the Public Works Department or his/her designee.

SC HYD-3: Prior to issuance of a grading permit, the Project Applicant shall submit evidence to the City that the Low Impact Development (LID) Best Management Practices (BMPs) specified in the Final Water Quality Management Plan (Preliminary WQMP) approved by the City of Grand Terrace shall be written into the grading and development plans submitted to the City for review and approval to manage water quality and hydrologic effects of the proposed Project.

Specifically, the LID BMPs shall be implemented to ensure the Project meets or exceeds the minimum design capture volume of the site.

Periodic maintenance of LID BMPs during Project occupancy and operation shall be in accordance with the schedule outlined in the Final WQMP. This measure

ACCEPTANCE OF CONDITIONS

OF APPROVAL
shall be implemented to the satisfaction of the Director of the City Engineering Division of the Public Works Department or designee.

30. Prior to the issuance of a grading permit, the Applicant shall submit three (3) copies of landscape and irrigation plan to the Planning and Development Services Department for review and approval. The landscape and irrigation plans shall be prepared in accordance with the City's Water Efficient Landscape Ordinance (Chapter 15.56) Landscaping Standards contained in Chapter 18.60 of the Zoning Code, in compliance with the most recent version of the State Model Ordinance, and the Landscape Enhancement Exhibit, which is attached hereto as Exhibit 5. The plans shall demonstrate the following:
a. The proposed parkway trees shall comply with the list of approved trees contained on Chapter 12.28 - Street and Parkway Trees of the Municipal Code.
b. Ensure that proposed plant material, at maturity, will maintain clear line visibility at all intersections as determined by the City's Traffic Engineer. c. Plant material adheres to spacing recommendations based on plant and shrub species.
d. Note the material that will placed in planter areas, i.e. mulch, decorative rock, etc.
e. Irrigation shall be located along the vines fencing along the north, west, and south perimeter of the property. Vines planting material shall be a minimum 15-gatton.
f. The south privacy fence located between the future Community Garden and the business parking area shall be planted with vines and irrigated. g. The proposed landscape shall incorporate a drip irrigation system. h. Irrigation shall be included in the raised Community Garden beds and the community fruit tree grove.
i. A water spigot shall be located at the future Community Garden area. j. Include a legend: type of species, including common and scientific name of the planting, size, landscape percentage.
k. All trees shall be a minimum size of 15-gallon, having a minimum height of eight feet at the time of planting.

I. Shrubs shall be a minimum of 1-gallon size at the time of planting.

ACCEPTANCE OF CONDITIONS

OF APPROVAL
m. Ground cover shall be healthy, dense foliage, and well routed cuttings, or one-gallon container plants.
n. The spacing of trees and shrubs shall be appropriate for the species used. o. Twenty percent of planting material shall be pollinating plants. p. Approval must be obtained for removal of all trees having a trunk diameter of 10 inches or more measured 48 inches above existing grade. q. Submit an initial deposit of $2,000 deposit for landscape plan check review.

31. The proposed storage shed, and shade shelters, size, style, and location shall be reviewed and approved by the Planning and Development Services Department prior to construction.

32. Proposed lighting shall not produce any glare onto adjoining properties and shall be shielded as may be required. Lighting shall not exceed eighteen feet in height from the finished grade and shall be designed to reflect away from residential district and public roadways. A photometric plan shall be included in the construction plans for review.

33. Prior to the construction of perimeter fencing on shared property lines, the Applicant shall submit a Fence/Wall Agreement signed by the adjacent property owners.

34. The Applicant shall comply with the California Restricted Materials Requirements by the State of California Department of Pesticide Regulation for Ground Water Protection Area. Prior to initiating trailer storage and prior to obtaining a Certificate of Occupancy by the Building and Safety Division. Copies of such clearances shall be provided to the Planning and Development Services Department and the Building and Safety Division.

35. The Applicant shall comply with the National Pollutant Discharge Elimination System (NPDES).

36. The proposed 900 square foot office trailer and 4,600 square foot maintenance building for future development, shall be reviewed and approved through an Administrative Conditional Use Permit. The Applicant shall obtain easement holder clearances prior to the construction of any structures located within any easement.

ACCEPTANCE OF CONDITIONS

OF APPROVAL

37. Any future or abandoned water well shall be reviewed and approved by City Departments and agencies, including obtaining applications and clearances by San Bernardino County Environmental Health Services Department. A copy of such certificates shall be provided to the Planning and Development Services Division and the Building and Safety Division.

38. Any future changes in on-site activities shall require submittal, review, and approval of a modified conditional use permit.

39. Any future development on the site, including alterations, conversions, remodels, and new structures shall require compliance with the Municipal Code and the Floodplain Ordinance.

40. All ground mounted equipment, including backflow devices, shall be screened in a manner that does not impede traffic visibility.

41. The Applicant shall be responsible for regular and ongoing upkeep and maintenance of the site.

42. All contractors shall acquire a valid City business license and be in compliance with all City codes.

43. The Santa Ana River Trailhead entry structure and monument sign size, style, and location shall be reviewed and approved as identified in the Community Benefit Agreement.

44. The Applicant shall complete and carry out, as applicable, all community amenities identified in the Community Benefit Agreement (CBA) and as provided in Condition 2 within the timeframes identified in the CSA

45. The Applicant shall obtain a sign permit prior to the installation of any business signs.

46. The applicant or assignee shall submit a security camera plan that demonstrates on site and off site monitoring. Plan shall be reviewed and approved by the Planning and Development Director prior to the issuance of a certificate of use and occupancy.

Acceptance of Conditions for Condition of Approval 19-01, Site and Architectural Review 19-03, and Environmental 19-05

ACCEPTANCE OF CONDITIONS

OF APPROVAL
This approval is not effective until this form is signed and returned to the Planning and Development Services Department of the City of Grand Terrace.

Signatures:

Patrick O'Brien representing
Grand T-1 LLC
Applicant
Date
Enclosed:

Agencies Conditions of Approval
Resolution 2020-32
Notice of Determination Filing Receipt
CC: Building and Safety Division
Public Works Division
Planning and Development Services
Director
q/30/2020

Building and Safety Conditions of Approval
Date: March 18, 2020
File No: Conditional Use Permit 19-01
Applicant: GrandT-1 Inc., represented by Patrick O’ Brien Address of Applicant: 1040 S. Mt. Vernon Ave., Suite G-285 Colton, CA 92324 APN: 0275-191-06 & 30
Provide four (4) sets of construction plans and documentation for plan review of the proposed project. Below you will find a list of the plans and documents Building and Safety will need for plan review. The initial plan review will take approximately two weeks on most projects.

Provide the following sets of plans and documents.

Building and Safety submittal required at first plan review. (4) Architectural Plans
(4) Structural Plans
(2) Structural Calculations
(4) Plot/Site Plans
(4) Electrical Plans
(4) Electrical Load Calculations
(4) Plumbing Plans/Isometrics, Water, Sewer and Gas
(4) Mechanical Plans
(4) Mechanical Duct Layout Plans
(2) Roof and Floor Truss Plans if applicable
(2) Title 24 Energy Calculations
(4) Rough and Precise Grading Plans
(2) Water Quality Management Plan, (WQMP) and Erosion Control Plan. (2) Stormwater Pollution Prevention Plan (SWPPP)
(2) Best Management Plan (BMP)
EXHIBIT 1

Building and Safety Conditions of Approval
Building & Safety General Information
All structures shall be designed in accordance with the currently adopted building codes by the State of California and City of Grand Terrace Municipal Code as adopted at time of plan submittal. Note if a new code has been adopted prior to the submittal, then all structures shall be designed to the current model code year.

The Developer/Owner is responsible for the coordination of the final occupancy. The Developer/Owner shall obtain clearances from each department and division prior to requesting a final building inspection from Building & Safety. Each agency shall sign the bottom of the Job Card or Certificate of Occupancy Clearance Form.

Building & Safety inspection requests can be made twenty-four (24) hours in advance for next day inspection. Please contact 909-825-3825. You may also request inspections at the Building & Safety counter.

All construction sites must be protected by a security fence and screening. The fencing and screening shall be maintained at all times to protect pedestrians.

Temporary toilet facilities shall be provided for construction workers. The toilet facilities shall be maintained in a sanitary condition. Construction toilet facilities of the non sewer type shall conform to ANSI ZA.3.

Construction projects which require temporary electrical power shall obtain an Electrical Permit from Building & Safety. No temporary electrical power will be granted to a project unless one of the following items is in place and approved by Building & Safety and the Planning Division.
(A) Installation of a construction trailer, or,
(B) Security fenced area where the electrical power will be located.

Installation of construction/sales trailers must be located on private property. No trailers can be located in the public street right of way.

Separate plan submittals and permits are required for all accessory structures including but not limited to patios, block walls, storage buildings, community playgrounds, etc.

Pursuant to the California Business and Professions Code Section 6735, most projects are required to be designed by a California Licensed Architect or Engineer. The project owner or developer should review the section of the California Codes and comply with the regulation.

Building and Safety Conditions of Approval
Building & Safety Conditions

1. Prior to the issuance of a building permit, the applicant shall pay all Development Improvement Fee’s to the City; this also includes school fees and outside agency fees including but not limited to Colton Wastewater, Riverside-Highland Water Co. and utilities. Copies of receipts shall be provided to Building & Safety prior to permit issuance.

2. All on site utilities shall be underground to the new proposed structure unless prior approval has been obtained by the utility company or the City.

3. Prior to issuance of Building Permits, on site water service shall be installed and approved by the responsible agency. On site fire hydrants shall be approved by the Fire Department. No flammable materials will be allowed on the site until the fire hydrants are installed and approved.

4. Prior to issuance of building permits, site grading certification and pad certifications shall be submitted to Building & Safety. Prior to concrete placement, submit a certification for the finish floor elevation and setbacks of the structures. The certification needs to reflect that the structure is in conformance with the Precise Grading Plans. Compaction reports shall accompany pad certifications. The certifications are required to be signed by the engineer of record.

5. Prior to issuance of building permits, provide Building & Safety with a will service letter from Riverside Highland Water District.

6. All construction projects shall comply with the National Pollutant Discharge Elimination Systems (NPDES), and the San Bernardino County MS-4 Storm Water Permit.

7. Provide civil engineering drawings for dedication of 15 foot of right of way and all public right of way improvements including curb, gutter and half street width improvements. Civil engineering drawings and dedication shall be submitted to Public Works to be checked by the City Engineer and recorded with the County Recorder’s office before permits are issued.

8. Depending on the location of the curb and gutter, the utilities located in the public right of way in front of the property, along Michigan St., may need to be relocated. Please contact Edison and the telephone/cable company to determine the desired location for the utilities.

Building and Safety Conditions of Approval

9. Prior to building permit issuance, the applicant shall establish haul services for construction waste material with Burrtec to facilitate the recycling of all recoverable/recyclable material as mandated under the California Green Code and City of Grand Terrace Municipal Code.

10.The applicant shall submit a completed Construction & Demolition (C&D) Waste Diversion Program / Waste Management Plan (WMP) form along with the required C&D deposit based per square footage of construction and/or demolition prior to building permit issuance.

11.Project with new landscape areas of 500 square feet or more are subject to the 2015 Model Water Efficient Landscape Ordinance (MWELO).

Public Works Conditions
Date: 5-13-20
Applicant: GrantT-1, Inc., represented by Patrick O’Brien Address of Applicant: 3090 Pullman Street, Costa Mesa, Ca, 92626 Site Location: Terrace Avenue, approx. 385 feet north of Vivienda Ave Case # CUP 19-01, SAR 19-03, EA 19-05
Provide two (2) construction plans and required documentation for review of the proposed project.

Below is a list of the plans and documents Public Works will need for plan review. The initial plan review will take approximately three weeks on most projects. You have received a case number: CUP 19-01for the proposed project, this number will be needed to obtain information regarding your plan review. Plan review fees and permit fees will be charged at the time plans are approved and are ready to issue. Provide the following sets of plans and documents.

Public Works/Engineering submittals required at first plan review. (1) Grant Deed showing all easements.
(1) Water Plans.
(4) Street improvement plans prepared by a licensed Civil Engineer. (4) Approved Tentative Plan
(4) Utility Plans
(4) Sewer Plans
(4) Grading Plans and Erosion Control Plan
(2) Drainage Report and Final Water Quality Management Plan, (WQMP) (2) Stormwater Pollution Prevention Plan
All work performed in the public right of way shall comply with the San Bernardino County Public Works Standards or standards of the latest update of the Greenbook as approved by the Public Works Director or City Engineer.

Public Works inspection requests can be made twenty-four (24) hours in advance for next day inspection. Please contact (909) 825-3825. You may also request inspections at the Building & Safety public counter.

Installation of construction/sales trailers must be located on private property. No trailers, equipment or material can be in the public street right of way.

EXHIBIT 2

Public Works Conditions

1. All proposed public street improvements shall be designed by persons registered and licensed pursuant to the Business and Professions Code and all street work will require a contactor licensed in the State of California and insured pursuant to the City’s insurance requirements.

2. The applicant shall dedicate right of way and/or construct all missing or damaged public improvements. The missing or damaged public improvements shall include, but are not limited to, pavement, curb, gutter, sidewalk, driveway approach, and streetlights as directed by the Public Works Department.

3. Install centrally located concrete ornamental streetlights in the right of way and pay one-year energy cost for streetlights. Coordinate with Southern California Edison and the City of Grand Terrace for cost and locations. Streetlights shall be LED type.

4. Provide half street width paving overlay after utility installations on the entire length of the project. Minimum 2-inch asphalt overlay with an asphalt grind. All grindings shall be recycled.

5. The Applicant shall submit proposed sewer plans to the City of Colton Wastewater Department and Public Works for plan review. Applicant shall pay all plan review fees and permit fees for the sewer review to the City of Colton and Public Works. Please provide a written “Will Serve” letter and sewer plans to the City of Grand Terrace for approval before any permits are issued.

6. The applicant shall submit proposed water plans to the Riverside Highland Water Company and Public Works for plan review. Applicant shall pay all plan review fees and permit fees for the water review to Riverside Highland Water Company and Public Works. Please provide a written “Will Serve” letter and plans to the City of Grand Terrace for approval before any permits are issued.

7. Applicant shall submit proposed water plans for fire hydrants to the County of San Bernardino Fire Department for plan review and approval. Applicant shall pay all plan review fees and permit fees for the fire hydrant system review to the County of San Bernardino Fire Department.

8. Provide additional 20 feet right of way dedication on Terrace Avenue which is classified as a Local Road with 60 feet ultimate width the entire length of the property. Street improvements will be required to extend beyond the frontage of the project to blend and taper the pavement for traffic and address street flows for drainage. Provide full width paving section and curb, gutter, sidewalk, streetlights along project frontage and signage and striping per standard 104.

9. Truck guide signs shall be posted at intersections and in the area around Terrace to keep truck traffic on Terrace and Barton Road as directed by the City Engineer.

10. The exhibit is showing a partial Knuckle, however, the access under the railroad is conditioned to be gated by another project so a full truck turning cul-de-sac will be needed per standard 120 or Riverside County standard 800.

11. Terrace from south property line to Walnut shall have a Paved Road Section per standard 114a and a barrier on the west side at a grade difference of four feet or greater below the existing road grade. Type of barrier to be approved by City of Colton and Grand Terrace.

12. The curb returns and ramps on Terrace Ave shall be constructed per San Bernardino County Standard 110. The radius of these curbs shall be 50 feet.

13. Minimum driveway grades shall be consistent with San Bernardino County Standard 131.

Riverside County Standard driveway approach can also be used.

14. A truck haul permit shall be required if more than 50 cubic yards of earth is to be hauled on City Street. Additional conditions, such as truck route approval, traffic controls, bonding, and or street cleaning may be required by the City engineer.

15. The geotechnical report recommendations for on- and off-site excavation, compaction, slope stability and paving sections shall be submitted. The date of the report shall be placed on the title sheets of the street plans.

16. Monumentation: If any activity on this project will disturb any land survey monuments, the disturbed monumnetation shall be located and referenced by or under the direction of a licensed land surveyor or a registered civil engineer authorized to practice land surveying prior to commencement of any activity with the potential to disturb the monumnetation, and a corner record or record of survey of the references shall be filled with the County.

17. All construction projects shall comply with the National Pollutant Discharge Elimination Systems (NPDES) and the current San Bernardino County MS4 permit.

18. The subdivider shall protect downstream properties from damages caused by alteration of the drainage patterns, i.e., concentration or diversion of flow. Protection shall be provided by constructing adequate drainage facilities including enlarging existing facilities and/or by securing a drainage easement. The subdivider shall provide mitigation measures to be incorporated into the development to prevent flooding of the site and downstream properties. The retention of the post-development runoff from the 100-year event shall be required as part of the drainage improvements for this project.

19. The subdivider shall accept and properly dispose of all off-site drainage flowing onto or through the site. In the event the Public Works Department permits the use of streets for drainage purposes, the provisions of City/County Ordinance will apply.

San Bernardino County Fire Department
Community Safety Division
Plan Review Comments
Date Reviewed: 10/07/2019
Reviewed By: Mike Havens
Project Type: Fire Planning/DRC
Permit Number: FPLN-2019-00163
Project Name: GrandT-1 CUP 19-01
Project Description: Conditional Use Permit for an outdoors trailer storage yard.

Location: 0 VIVIENDA AVE
GRAND TERRACE, CA 92313
APN: 0275191060000
Dear Applicant,
San Bernardino County Fire Department has completed review of the proposed project. Please see the FIRE COMMENTS attachment below.

Redline Plans can be downloaded from the San Bernardino County EZ Online Permitting (EZOP) system at http://av-ezop.sbcounty.gov. Guidance on how to access and navigate the EZOP portal can be found at http://wp.sbcounty.gov/ezop/faqs/videos/.

If you have any questions please contact County Fire at (909) 386-8400.

Sincerely,
The Office of the Fire Marshall
Community Safety Division
San Bernardino County Fire Department
v.19.02.0 Page 1 of 3
EXHIBIT 3

Review Date: 10/07/2019
Permit Number: FPLN-2019-00163
Location: 0 VIVIENDA AVE
GRAND TERRACE, CA 92313
APN: 0275191060000

FIRE COMMENTS
Access
The development shall have a minimum of ____2____ points of vehicular access. These are for fire/emergency equipment access and for evacuation routes. a. Single Story Road Access Width. All buildings shall have access provided by approved roads, alleys and private drives with a minimum twenty-six (26) foot unobstructed width and vertically to fourteen (14) feet six (6) inches in height. Other recognized standards may be more restrictive by requiring wider access provisions. b. Multi-Story Road Access Width. Buildings three (3) stories in height or more shall have a minimum access of thirty (30) feet unobstructed width and vertically to fourteen (14) feet six (6) inches in height.

Secondary Access Paved
Prior to building permits being issued to any new structure, the secondary access road shall be paved or an allweather surface and shall be installed as specified in the General Requirement conditions including width, vertical clearance and turnouts.

Hydrant Marking
Blue reflective pavement markers indicating fire hydrant locations shall be installed as specified by the Fire Department. In areas where snow removal occurs or non-paved roads exist, the blue reflective hydrant marker shall be posted on an approved post along the side of the road, no more than three (3) feet from the hydrant and at least six (6) feet high above the adjacent road.

Standard W-2 ONSITE FIRE PROTECTION WATER SYSTEMS
This standard establishes minimum requirements for installation and maintenance of all private fire hydrants and appliances related to an onsite fire protection system.

Standard A-2 FIRE APPARATUS ACCESS ROAD DESIGNATION AND MARKING This standard applies to the marking of all Fire Department access roadways for new construction and development.

Existing roadways identified as fire access roadways or otherwise required for emergency access shall also be marked per this standard.

Standard A-1 FIRE APPARATUS ACCESS ROAD DESIGN, CONSTRUCTION AND MAINTENANCE This standard shall apply to the design, construction and maintenance of all new fire apparatus access roads within the jurisdiction, as well as fire apparatus access roads at existing facilities when applied at the discretion of the fire code official.

Additional Requirements
In addition to the Fire requirements stated herein, other onsite and offsite improvements may be required which cannot be determined from tentative plans at this time and would have to be reviewed after more complete improvement plans and profiles have been submitted to this office.

Fire Inspection will be required during Hydrant installation.

1. Indicate on Plans the Turning radius as required on Standard A-1

2. Fire lane to be 26 ft, indicate on plans on all drive aisles.

3. Resubmit Plans.
v.19.02.0 Page 2 of 3

Grand Terrace Trailer/Container Storage Project
City of Grand Terrace
Appendix J – Mitigation Monitoring and Reporting Program Mitigation Monitoring and Reporting Program J-2

MITIGATION MONITORING AND REPORTING PROGRAM CHECKLIST
Project Name: Grand Terrace Trailer/Container Storage Project Applicant: GrandT‐1, Inc.

Date: March 2020
Mitigation Measure No. / Implementing Action
Responsible for
Monitoring
Timing of
Verification Method of Verification
Verified
Date/
Initials
Sanctions for NonCompliance
Biological Resources
BIO-1 If project activities are planned during the
bird nesting season (February 1 to August
31), a nesting bird survey shall be conducted
within three days (72 hours) prior to any
ground-disturbing activities, including, but
not limited to demolition, clearing,
grubbing, and/or rough grading, to ensure
birds protected under the Migratory Bird
Treaty Act (MBTA) are not disturbed by onsite activities. Any such survey(s) shall be conducted by a qualified biologist. If no
active nests are found, no additional actions
related to this measure are required. If
active nests are found, the nest locations
shall be mapped by the biologist. The
nesting bird species shall be documented
and, to the degree feasible, the nesting
stage (e.g., incubation of eggs, feeding of
young, near fledging) determined. Based on
the species present and surrounding
habitat, a no-disturbance buffer shall be
established around each active nest. The
buffer shall be identified by a qualified
biologist and confirmed by the City; nonraptor bird species nests shall be buffered at least 280 feet, while raptor nests shall be
buffered at least 820 feet. No construction
or ground disturbance activities shall be
conducted within the buffer until the
Planning and
Development
Services Director or
Designee
Prior to issuance of
grading, stockpiling
or construction
permits.

Evidence the required preconstruction survey has been
completed, and (as applicable),
the establishment and
maintenance of appropriate
buffers
Withhold grading/
construction permits
and/or issuance of a
stop work order (if
required buffers are
not maintained).

EXHIBIT 4

Grand Terrace Trailer/Container Storage Project
City of Grand Terrace
Appendix J – Mitigation Monitoring and Reporting Program Mitigation Monitoring and Reporting Program J-3
Project Name: Grand Terrace Trailer/Container Storage Project Applicant: GrandT‐1, Inc.

Date: March 2020
Mitigation Measure No. / Implementing Action
Responsible for
Monitoring
Timing of
Verification Method of Verification
Verified
Date/
Initials
Sanctions for NonCompliance
biologist has determined the nest is no
longer active and has informed the City and
construction supervisor that activities may
resume. This measure shall be implemented
to the satisfaction of the Planning and
Development Director or designee.

Cultural Resources
CUL-1 Prior to issuance of grading permits, the
applicant shall provide evidence to the City
that the following note is included on the
grading plans/documents:
“In the event that cultural resources are
discovered during project activities, all work
in the immediate vicinity of the find (within
a 60-foot buffer) shall cease and a qualified
archaeologist meeting Secretary of Interior
standards shall be hired to assess the find.

Work on the project outside of the buffered
area may continue during this assessment
period. Additionally, the San Manuel Band
of Mission Indians Cultural Resources
Department (SMBMI) shall be contacted, as
detailed in Mitigation Measure TCR-1,
regarding any pre-contact finds and be
provided information after the
archaeologist makes his/her initial
assessment of the nature of the find, so as
to provide Tribal input with regard to
significance and treatment.

If significant pre-contact cultural resources,
as defined by CEQA (as amended, 2019), are
Planning and
Development
Services Director or
Designee
Prior to issuance of
grading or
stockpiling permits.

Submittal of plans including the
required language.

Evidence appropriate notification
of the SMBMI has been
completed (as required).

Submittal of evidence that a
Monitoring and Treatment Plan
has been developed (as required)
for any previously undetected onsite cultural resource and evidence that provisions of the
plan have been appropriately
completed.

Withhold grading/
construction permits
and/or issuance of a
stop work order (if
resources are
detected and
required plan is not
implemented).

Grand Terrace Trailer/Container Storage Project
City of Grand Terrace
Appendix J – Mitigation Monitoring and Reporting Program Mitigation Monitoring and Reporting Program J-4
Project Name: Grand Terrace Trailer/Container Storage Project Applicant: GrandT‐1, Inc.

Date: March 2020
Mitigation Measure No. / Implementing Action
Responsible for
Monitoring
Timing of
Verification Method of Verification
Verified
Date/
Initials
Sanctions for NonCompliance
discovered and avoidance cannot be
ensured, the archaeologist shall develop a
Monitoring and Treatment Plan, the drafts
of which shall be provided to SMBMI for
review and comment, as detailed in
Mitigation Measure TCR-1. The
archaeologist shall monitor the remainder
of the project and implement the Plan
accordingly.

If unanticipated human remains or funerary
objects are encountered during any
activities associated with the project, work
in the immediate vicinity (within a 100-foot
buffer of the find) shall cease and the
County Coroner shall be contacted pursuant
to State Health and Safety Code §7050.5 and
that code enforced for the duration of the
project.”
Geology/Soils/Paleontology
GEO-1 Prior to issuance of grading permits, the City
shall verify that the following note is
included on the grading plans:
“If paleontological resources are
encountered during the course of ground
disturbance, work within 60 feet of the find
shall be halted and an exclusionary buffer
shall be established. A paleontologist shall
be contacted to assess the find for scientific
significance. No ground-disturbing activity
within the 60-foot exclusionary buffer may
occur without the consent of the
Planning and
Development
Services Director or
Designee
Prior to issuance of
grading or
stockpiling permits.

Submittal of plans including the
required language.

As warranted, evidence
appropriate notification a
qualified paleontologist has been
contacted and appropriate
buffers have been established.

Submittal of evidence that any
previously undetected on-site
paleontological resource has
Withhold grading/
construction permits
and/or issuance of a
stop work order (if
resources are
detected and
required process is
not implemented).

Grand Terrace Trailer/Container Storage Project
City of Grand Terrace
Appendix J – Mitigation Monitoring and Reporting Program

Mitigation Monitoring and Reporting Program J-5
Project Name: Grand Terrace Trailer/Container Storage Project Applicant: GrandT‐1, Inc.

Date: March 2020
Mitigation Measure No. / Implementing Action
Responsible for
Monitoring
Timing of
Verification Method of Verification
Verified
Date/
Initials
Sanctions for NonCompliance
paleontologist and the City of Grand Terrace
Planning and Development Director. If
determined to be significant, the fossil(s)
shall be collected from the field. The
paleontologist may also make
recommendations regarding additional
mitigation measures, such as
paleontological monitoring. Scientifically
significant resources shall be prepared to
the point of identification, identified to the
lowest taxonomic level possible, cataloged,
and curated into the permanent collections
of a museum repository. If scientifically
significant paleontological resources are
collected, a report of findings shall be
prepared to document the collection.”
This measure shall be implemented to the
satisfaction of the City of Grand Terrace
Planning Director or his/her designee.
been appropriately recorded,
recovered, curated, and reported.

Tribal Cultural Resources
TCR-1 Prior to the issuance of grading permits, the
applicant shall provide evidence to the City
the following language is included on final
grading documents:
“The San Manuel Band of Mission Indians
Cultural Resources Department (SMBMI)
shall be contacted, as detailed in Mitigation
Measure CUL-1, of any pre-contact cultural
resources discovered during project
implementation, and be provided
information regarding the nature of the find,
Planning and
Development
Services Director or
Designee
Prior to issuance of
grading or
stockpiling permits.

Submittal of plans including the
required language.

Evidence appropriate notification
of the SMBMI has been
completed (as required).

Submittal of evidence that a
Monitoring and Treatment Plan
has been developed (as required)
for any previously undetected onsite cultural resource and Withhold grading/
construction permits
and/or issuance of a
stop work order (if
resources are
detected and
required plan is not
implemented).

Grand Terrace Trailer/Container Storage Project
City of Grand Terrace
Appendix J – Mitigation Monitoring and Reporting Program Mitigation Monitoring and Reporting Program J-6
Project Name: Grand Terrace Trailer/Container Storage Project Applicant: GrandT‐1, Inc.

Date: March 2020
Mitigation Measure No. / Implementing Action
Responsible for
Monitoring
Timing of
Verification Method of Verification
Verified
Date/
Initials
Sanctions for NonCompliance
so as to provide Tribal input with regard to
significance and treatment. Should the find
be deemed significant, as defined by CEQA
(as amended, 2015), a cultural resources
Monitoring and Treatment Plan shall be
created by the archaeologist, in
coordination with SMBMI, and all
subsequent finds shall be subject to this
Plan. This Plan shall allow for a monitor to be
present that represents SMBMI for the
remainder of the project, should SMBMI
elect to place a monitor on site.

Any and all archaeological/cultural
documents created as a part of the project
(isolate records, site records, survey reports,
testing reports, etc.) shall be supplied to the
applicant and Lead Agency for
dissemination to SMBMI. The Lead Agency
and/or applicant shall, in good faith, consult
with SMBMI throughout the life of the
project.”
evidence that provisions of the
plan have been appropriately
completed.

AGENDA REPORT
MEETING DATE: July 18, 2024
TITLE: Public Hearing to Consider Revocation of Conditional Use Permit (CUP) 19-01 (Authorizing Construction of
Trailer/Container Storage Facility at 11731 Terrace Avenue, Grand Terrace / APNs 0275-191-06 and 0275-191-30).

PRESENTED BY: Scott Hutter, Planning & Development Services Director RECOMMENDATION: It is recommended that the Planning Commission/Site and Architectural Review Board take the following actions:
1) Re-open the adjourned Public Hearing; and,
2) Adopt a RESOLUTION OF THE PLANNING

COMMISSION OF THE CITY OF GRAND TERRACE,

CALIFORNIA, RECOMMENDING, IN ACCORDANCE WITH

GRAND TERRACE MUNICIPAL CODE SECTION

18.83.030, REVOCATION OF CONDITIONAL USE PERMIT
19-01 [THAT AUTHORIZED CONSTRUCTION OF
TRAILER/CONTAINER STORAGE FACILITY ON A 21.92
ACRE SITE [APNs 0275-191-06 and 0275-191-30] DUE TO

NON-COMPLIANCE WITH CONDITIONS OF APPROVAL
OF CUP 19-01.

PROPOSAL:

Revocation of Conditional Use Permit 19-01: A City-initiated public hearing to consider the revocation of Conditional Use Permit 19-01 in accordance with Grand Terrace Municipal Code Section 19.83.080. CUP 19-01 was initially approved by the Grand Terrace City Council on August 25, 2020, and authorized the construction of a trailer/container storage facility at 11731 Terrace Avenue, Grand Terrace [APNs 0275-191-06 and 0275-191-30] (hereinafter, the “Site” or “Project”). Resolution No. 2020-32 approving CUP 19-01 is provided as Attachment 2 to this agenda staff report. Acceptance to the Conditions of Approval for CUP 19-01 is provided as Attachment 3 to this agenda staff report.

BACKGROUND:

Site And Surrounding Area: The Site consists of two parcels of property identified by Assessor Parcel Numbers 0275-191-06 and 0275-191-30, and is located within an M-2 (“Industrial”) Zoning District, with portions of the site within the AG (“Agricultural”) Overlay District and FP (“Floodplain”) Overlay District.

Procedural Background: On May 21, 2020, the Planning Commission of the City of Grand Terrace commenced a public hearing to consider the adoption of Resolution 2020-03 adopting C.1
Packet Pg. 10

Mitigated Negative Declaration (Environmental 19-05), Conditional Use Permit 19-01, and Site and Architectural Review 19-03 to develop a trailer/container storage facility for empty semitrailers, shipping and storage containers, and cassis use at the Site. Minutes from Planning Commission meeting on May 21, 2020, are provided as Attachment 4 to this agenda staff report. The public hearing was continued to June 18, 2020 - however, the hearing was reset to July 16, 2024, as the Planning Commission lacked a quorum for the June 18th meeting. Minutes from the Planning Commission meeting on June 18, 2020, are provided as Attachment 5 to this agenda staff report.

On July 16, 2020, the Planning Commission concluded the public hearing. After extensive discussion related to the potential negative impacts of the Project upon the community and upon conclusion of the public hearing, the Planning Commission, with a 2-1 adopted Resolution 2020- 03 subject to numerous conditions - including that the hours of operation would be limited to 7am to 8 pm, and there would be “zero tolerance” for truck traffic into the neighborhood areas related to the Project. Minutes from the Planning Commission meeting on July 16, 2020, are provided as Attachment 6 to this agenda staff report.

On July 24, 2020, Janese Makshanoff, timely filed an appeal of the Planning Commission’s adoption of Resolution 2020-03 [adopting Mitigated Negative Declaration (Environmental 19- 05), Conditional Use Permit 19-01, and Site and Architectural Review 19-03], and a public hearing was scheduled before the City Council of Grand Terrace on August 25, 2020.

On August 25, 2020, after conducting a duly-noticed public hearing - at which the City Council considered 16 written comments opposing the Project submitted by members of the public, 1 written comments expressing a personal view regarding the Project submitted by a member of the public, testimony from the appellant and the applicant’s representative, and in-person public comment from the appellant, applicant’s representative, and 7 members of the public, the City Council of Grand Terrace, on a 3-2 vote, upheld the Planning Commission’s determination to approve the Project - thereby adopting Resolution 2020-03 [adopting Mitigated Negative Declaration (Environmental 19-05), Conditional Use Permit 19-01, and Site and Architectural Review 19-03], inclusive of all conditions imposed by the Planning Commission. Minutes from the City Council meeting on August 25, 2020, are provided as Attachment 7 to this agenda staff report.

Amongst other requirements, the Conditions of Approval included the following pertinent obligations:

3. The proposed business hours will be Monday thru Friday from 7:00 a.m. to 8:00 p.m. and a total of twelve employees. No business activities shall be conducted after 10:00 p.m., except for emergency purposes only.

12. The Applicant shall comply with all applicable Federal, State, County and Local Codes, at all times.

16. The Applicant shall comply with all requirements of the Building and Safety Division, including conditions of approval contained in the Building Official’s Memorandum dated March 24, 2020.

C.1
Packet Pg. 11

23. The Applicant or assignee shall provide a Project delivery staging and operating schedule to the City for the purpose of avoiding stacking of trucks and trailers at major City intersections. The schedule shall be submitted for review and approval by the Planning and Development Services Department on a quarterly basis for the first three calendar years of operations commencing on the date that the Project use beings operating.

24. The Applicant shall avoid truck or trailer movement during Grand Terrace traffic peak hours between 6:30 a.m. to 8:30 a.m. and 4:30 p.m. and 6:30 p.m.

38. Any future changes in on-site activities shall require submittal, review, and approval of a modified conditional use permit.

39. Any future development on the site, including alterations, conversions, remodels, and new structures shall require compliance with the Municipal Code and the Floodplain Ordinance.

41. The Applicant shall be responsive for regular and ongoing upkeep and maintenance of the site.

46. The applicant or assignee shall submit a security camera plan that demonstrates onsite and offsite monitoring. Plan shall be reviewed and approved by the Planning and Development Director prior to the issuance of a certificate of use and occupancy.

Although the original project did not propose any structures at the time CUP 19-01, Site and Architectural Review 19-03, and Environmental 19-05 were approved, Staff had noted in the corresponding Agenda Report that there might be future consideration of a 900-square foot modular office on the western edge of the site and a 4800-square foot maintenance building/shed along the eastern edge of the site - pursuant to an Administrative Conditional Use Permit.

On September 30, 2020, Patrick O’Brien (on behalf of Applicant Grand T-1, LLC, executed the Acceptance of Conditions of Approval, thereby accepting all forty-six (46) Conditions of Approval.

On June 20, 2024, the Planning Commission / Site and Architectural Review Board opened a Public Hearing. At the public hearing staff entered into the record two letters (Attachments 24 and 25) from legal counsel for the property owner and tenant requesting a continuance. Staff agreed and asked the Planning Commission to continue the public hearing to July 18th, 2024, to provide time for the legal counsel to prepare. Additionally, the Planning Commission allowed those in attendance to provide public input. The Planning Commission adjourned the Public Hearing to the July 18, 2024, Planning Commission date.

Current Occupant/Business Operator: The current owner of the site is Grand T-1, LLC - with a mailing address of 1040 South Mount Vernon Avenue, Suite G285, Colton, CA 92324. The Statement of Information filed with the Secretary of State on March 28, 2023, is provided as C.1
Packet Pg. 12

Attachment 8 to this agenda staff report, and lists the following managers or members:

1. Perry Storage, LLC [No filing with California Secretary of State]

2. O’Brien Land & Livestock, LLC
Ø Patrick O’Brien, Manager/Member
(1040 S. Mt. Vernon Ave., #G285, Colton, CA 92324)
Ø George Q. McNeil, Manager/Member
(11864 Columbia Court, Loma Linda, CA 92354)
Ø Graterra, LLC [No filing with California Secretary of State] The current operator at the site is TSG Fleet Services, LLC - with a mailing address of 10787 B Mulberry Avenue, Fontana, CA 92337. The Statement of Information filed with the Secretary of State on December 8, 2022, is provided as Attachment 9 to this agenda staff report, and lists Trace Haggard as the manager or member of TSG Fleet Services, LLC, and Aaron C. Watts as the Agent for Service of Process (9900 Research Drive, Irvine, CA 92618).

ANALYSIS:

Review and Revocation Authority:

Pursuant to Condition of Approval #26,
The Planning and Development Services Director shall periodically review the Project use to ensure it is operating in a manner consistent with the conditions of approval, including the mitigation measures included in the initial study dated March 2020.

Moreover, Section 18.83.080 of the Grand Terrace Municipal Code is provided at Attachment 10 to this agenda staff report and provides as follows:

Any conditional use permit granted in accordance with [Title 18 of the Grand Terrace Municipal Code] may be revoked if any of the following actions occur:

A. Any violation of a conditional use permit’s required condition of approval;
B. Any Federal, State or local law or ordinance is violated in connection with a conditionally permitted use.

The Planning Commission shall hold a public hearing to consider the proposed revocation. Said hearing shall be noticed in accordance with Section 65091 of the California Government Code and with Section 18.73.010 (Public hearing notice) of Chapter 18.03 (General Provisions). After conducting the public C.1
Packet Pg. 13

hearing, the Planning Commission shall make a recommendation to the City Council regarding revocation of the conditionally permitted use. After receiving the Planning Commission’s recommendation, the City Council shall conduct its own hearing and make a final determination to revoke, amend or leave unchanged the subject conditional use permit.

Grounds for Revocation: In accordance with Condition of Approval #26, the Planning and Development Services Director has reviewed the Project (including complaints lodged by neighboring tenants and/or property owners and the results of City inspections) and has determined that the operation of the activities at the site is inconsistent with the Conditions of Approval - as well as in violation of other applicable laws.

Specifically, the Planning and Development Services Director has determined that CUP 19-01 is subject to revocation on the following grounds:

1. Business operations outside of approved business hours The Conditions of Approval limit the business hours to “Monday thru Friday from 7:00 a.m. to 8:00 p.m.” - and further explicitly provides that “No business activities shall be conducted after 10:00 p.m. except for emergency purposes only.” Notwithstanding these limitations, business activities have been confirmed to be occurring (either by TSG Fleet Services, customers of TSG Fleet Services, or some other business entity) between the hours of 8:00 p.m. and 7:00 a.m., as well as on weekends.

Ø Violation of Conditions of Approval #s 3, 12, 24, and 38

2. Unpermitted truck storage at Site
The Site has been approved (by means of Resolution 2020-03 adopting Mitigated Negative Declaration (Environmental 19-05), Conditional Use Permit 19-01, and Site and Architectural Review 19-03) for the development of a trailer/container storage facility that would provide parking spaces for “semi-trailers, shipping and storage containers, and chassis”.

On April 24, 2024, City inspectors confirmed that commercial box-type trucks and other tractor trucks were observed to be parked and/or stored at the Site. Truck storage is not an explicitly permitted use of the Site pursuant to GTMC Section

18.40.020, nor is it a approved use pursuant to Conditional Use Permit 19-01 (or any other approved CUP). Photographs of truck storage are provided as Attachment 11 to this agenda staff report. GTMC Sections 18.40.010 through 18.40.030 are provided as Attachment 12 to this agenda staff report.

Ø Violation of Conditions of Approval #s 1, 12, and 38, and Grand Terrace Municipal Code §18.40.020 (“M2 Industrial District: Permitted Uses”)

3. Lack of Required Certificate of Occupancy
On October 6, 2021, the Planning and Development Services Department granted Administrative Conditional Use Permit 21-05, Administrative Site and Architectural Review 21-07, and Environment 21-04 - approving a 640 square-foot modular office.

C.1
Packet Pg. 14

On October 7, 2021, Patrick O’Brien (on behalf of Grand T-1 accepted the Conditions of Approval for ACUP 21-05.

Thereafter, On July 28, 2022, Permit B00-004-382 was issued to place a new 16’x40’ prefabricated office building at the Site - and this permit received final approval on July 28, 2022. Building Permit No. B00-004-382 (“Prefabricated Office Building”) and Inspection Record are provided as Attachment 13 to this agenda staff report.

On July 28, 2022, the Grand Terrace Department of Planning and Development Services issued a Temporary Certificate of Occupancy for the prefabricated office building - explicitly providing that “THIS TCO SHALL BE VALID ONLY FOR 45 DAYS AFTER DATE OF ISSUANCE”. The Temporary Certificate of Occupancy (Prefabricated Office Building”) is provided as Attachment 14 to this agenda staff report. On the same date, the Grand Terrace Building Official e-mailed Mr. O’Brien alerting him to the fact that the Temporary Certificate of Occupancy was valid only for 45 days - and that Mr. O’Brien (or TSG Fleet Services) needed to “complete all and any outstanding project conditions in order to obtain a permanent C of O before the TCO expiration date.”
The Temporary Certificate of Occupancy expired on or about September 11, 2022 - and, to date, no permanent Certificate of Occupancy has been issued.

Ø Violation of Conditions of Approval #s 12, 16, 38, and 39, and Grand Terrace Building Code §111.1 (“Change of Occupancy”)

4. Unapproved re-fueling activities
(including storage of fuel and re-fueling of vehicles and/or equipment).

In or around August 2022, City Staff were made aware that above-ground fuel pumps had been installed at the Site without required approval from the City, San Bernardino County Fire, and South Coast Air Quality Management District, as well as without required building permits issued by the Grand Terrace Planning and Development Services Department.

City Staff had ongoing communications with the property owner’s representative (David Mylnarski of TransTech) regarding the need to
obtain all required approvals for the fuel pumps, including a modification of CUP 19-

01. At some point thereafter, the fuel pumps were apparently removed without required approvals, permits, or inspections - and TSG Fleet Services commenced utilizing fuel storage containers/pumps located inside of truck trailer. Communications with TSG Fleet Services representatives confirmed that these fuel storage containers were being utilized re-fuel TSG vehicles (e.g., forklifts) and/or equipment.

On October 18, 2023, the San Bernardino County Fire Protection District issued a Notice of Violation of TSG Fleet Services being out of compliance with the Aboveground Petroleum Storage Act - and TSG Fleet Services commenced utilizing C.1
Packet Pg. 15

fuel storage containers/pumps located inside of truck trailer. Communications with TSG Fleet Services representatives confirmed that these fuel storage containers were being utilized to re-fuel TSG vehicles (e.g., forklifts) and/or equipment.

TSG Fleet Services subsequently obtained a San Bernardino Certified Unified Program Agency (“CUPA”) permit for the above-ground fuel storage container that is valid from January 1, 2024, through December 31, 2024.

Upon obtaining a copy of the CUPA permit from TSG’s attorney, Grand Terrace Special Legal Counsel advised TSG’s attorney that the CUPA permit did not negate the need to obtain a modification of CUP 19-01 to authorize the use and would also need to undergo an environmental review.

A code modification would also likely be required as GTMC Section 18.40.040 explicitly provides that “Uses that include the storage of hazardous and/or flammable material is prohibited.” GTMC Section 18.83.040 is provided as Attachment 17 to this agenda staff report.

To date, neither the owner of the Site nor TSG Fleet Services have sought a modification of CUP 19-01, nor any other approvals from the Grand Terrace Planning and Development Services Department, Planning Commission, or City Council authorizing the storage of fuel on Site or re-fueling operations. Photographs of the fuel pumps are provided as Attachment 15, and photographs of fuel tank are provided as Attachment 16 to this agenda staff report.

Ø Violation of Conditions of Approval #s 12, 16, 38, and 39; GTBC §105.1 (“Permit Required”); GTMC §18.40.040 (“M2 Industrial District:

Prohibited Uses”)

5. Failure to submit “Project Deliver Staging and Operating Schedule” Pursuant to Condition of Approval #23 of CUP 19-01 requires the applicant or assignee to provide to the City for review and approval by the Planning and Development Services Department a “Project Delivery Staging and Operating Schedule” for the purpose of avoiding stacking of trucks and trailers at major City intersections. The Schedule was to be submitted on a quarterly basis for the first three calendar years of operation commencing on the date that the Project use begins operating.To date, neither the applicant nor TSG Fleet Services has submitted the required Staging and Operating Schedule on the required quarterly basis.

Ø Violation of Conditions of Approval # 23

6. Failure to submit “Security Camera Plan”.

Pursuant to Condition of Approval #46, the applicant or assignee was required to submit to the City for review and approval by the Planning and Development Services Department a security camera plan that demonstrates onsite and offsite monitoring. [Compliance with this is also a requirement prior to the issuance of a Certificate of Use and Occupancy.]
C.1
Packet Pg. 16

Ø Violation of Conditions of Approval # 46
City’s Attempts to Obtain Voluntary Compliance: The City has had numerous communications with representatives of the applicant (property owner), the applicant’s representatives, and TSG Fleet Services regarding compliance with the Conditions of Approval.

Additionally, since April 2023, Special Legal Counsel James Eckart had multiple verbal and written communications with legal counsel for Grand t-1, LLC and for TSG Fleet Services - during which Mr. Eckart discussed the violations of Conditional Use Permit 19-01 and applicable provisions of the Grand Terrace Municipal Code. Correspondence from Grand Terrace Special Legal Counsel to Attorney for GrandT-1, LLC (dated April 24, 2023) is provided as Attachment 18 to this agenda staff report.

To date, the unauthorized, unapproved, or prohibited activities have not ceased, nor has either the property owner/applicant or TSG Fleet Services obtained the required permits or approvals that are lacking (as discussed hereinabove).

PUBLIC NOTICE:

Public notice has been made in accordance with California Government Code Sections 65090 and 65091, and in accordance with Grand Terrace Municipal Code Section 18.03.070.

Public notice was published in the Grand Terrace City News and mailed to property owners within 1500 feet of the site. In addition, a copy of the notice was posted in three public places.

Public Comments were received by the City and are provided as attachments to this agenda staff report as follows:
• John Odenbaugh email dated 6.20.2024 is provided as Attachment 19. • Juanita Odenbaugh official statement dated 6.14.2024 is provided as Attachment 20. • A resident petition with 43 signatures supporting revocation of CUP is provided as Attachment 21.
• Juanita Odenbaugh digital image/video files are provided as Attachment 22. • Bobbie Forbes digital image/video files are provided as Attachment 23.

At the Public Hearing on July 18, 2024, the City will share the digital image/video files provided in the above attachments on the screen during Public Comments.

CONCLUSION:

The Planning Commission only serves as a “recommendation body” for revocation hearings.

That is, all the Planning Commission can do is recommend to the City Council whether to revoke. For the reasons set forth hereinabove, and any evidence presented at the Public Hearing, Staff recommends that the Planning Commission make a recommendation to the City Council, via the attached draft resolution provided as Attachment 1, to revoke Conditional Use Permit 19-01.

C.1
Packet Pg. 17

Alternative Remedy: The Planning Commission may make a recommendation to City Council to amend or leave unchanged Conditional Use Permit 19-01.

ATTACHMENTS:
• Attachment 1 - Planning Commission Resolution 2024 - Final(DOCX) • Attachment 2 - Resolution 2020-32 (PDF)
• Attachment 3 - CUP 19-01_Signed Approval Letter (PDF) • Attachment 4 - 2020-05-21 Planning Commission_Minutes (PDF) • Attachment 5 -2020-06-18 Planning Commission_Minutes (PDF) • Attachment 6 - 2020-07-16 Planning Commission_Minutes (PDF) • Attachment 7 - 2020-08-25 City Council_Minutes (PDF)
• Attachment 8 - GrandT-1, LLC - Statement of Information 2023 (PDF) • Attachment 9 - TSG Fleet - B1304-8948 (PDF)
• Attachment 10 - GTMC 18.83.080 (PDF)
• Attachment 11 - Truck Storage Photos (PDF)
• Attachment 12 - GTMC 18.40 - Permitted and Conditionally Permitted Uses (PDF) • Attachment 13 - B00-004-382_permit (PDF)
• Attachment 14 - 11731 Terrace Ave. (TSG Fleet Services Temporary) (PDF) • Attachment 15 - Fuel Pumps (PDF)
• Attachment 16 - Fuel Tank (PDF)
• Attachment 17 - GTMC 18.40.040 - Prohibited Uses (PDF) • Attachment 18 - Correspondence to GrandT-1 Attorney (PDF) • Attachment 19 - Mrs. John Odenbaugh Email (PDF)
• Attachment 20 - Juanita Odenbaugh Statement (PDF)
• Attachment 21 - Petition (PDF)
• Attachment 24 - Rutan Letter (PDF)
• Attachment 25 - Watts Letter (PDF)
APPROVALS:

Scott Hutter Pending
Finance Pending
Planning Commission/Site And Architectural Review Board Pending 07/18/2024 6:30 PM
City Manager Pending
C.1
Packet Pg. 18

PC Reso No. 2024-06 Page 1 of 4 July 18, 2024
RESOLUTION NO. 2024-06

A RESOLUTION OF THE PLANNING COMMISSION/SITE AND

ARCHITECTURAL REVIEW BOARD OF THE CITY OF GRAND

TERRACE, CALIFORNIA, TO RECOMMEND TO THE CITY COUNCIL
OF GRAND TERRACE TO REVOKE CONDITIONAL USE PERMIT 19-
01 (WHICH AUTHORIZED THE DEVELOPMENT AND USE OF REAL
PROPERTIES IDNETIFIED BY ASSESSOR’S PARCEL NUMBERS
0275-191-06 AND 0275-191-30 FOR THE PARKING OF EMPTY SEMITRAILERS, SHIPPING AND STORAGE CONTAINERS, AND

CHASSIS
WHEREAS, after duly noticed public hearings, on July 16, 2020, the Planning Commission of the City of Grand Terrace voted 2-1 (with two commissioners recused) to approve the development and use of the real properties identified by Assessor’s Parcel Numbers 0275-191-06 and 0275-191-30 (“Subject Property” or “Premises”) for the parking of empty semi-trailers, shipping and storage containers, and chassis (“Project”); and,
WHEREAS, a member of the public timely filed an appeal of the Planning Commission’s granting of Conditional Use Permit 19-01 and Site and Architectural Review 19-03 authorizing the Project; and,
WHEREAS, on August 25, 2020, the City Council conducted a duly-noticed public hearing on the appeal of the Planning Commission’s approval of the Project; and, WHEREAS, at the conclusion of the public hearing – at which representatives of the City and of the Project applicant, as well as members of the public, provided testimony in favor of and objecting to the Project, the City Council, on a 3-2 vote, passed, approved, and adopted Resolution No. 2020-32 – which upheld the Planning Commission’s approval of the Project [and adopted Negative Declaration (Environmental 19-05) and approved Conditional Use Permit 19-01 and Site and Architectural Review 19-03]; and, WHEREAS, Condition #26 of the Conditions of Approval of Conditional Use Permit 19-01 provides, in pertinent part:

The Planning and Development Services Director shall periodically evaluate the Project use to ensure it is operated in a manner consistent with the conditions of approval, including the mitigation measures included in the initial study dated March 2020.

WHEREAS, Section 18.83.080 of the Grand Terrace Municipal Code provides, in pertinent part:

C.1.a
Packet Pg. 19
Attachment: Attachment 1 - Planning Commission Resolution 2024 - Final (GrandT-1 CUP 19-01 Revoke (Continued))

PC Reso No. 2024-06 Page 2 of 4 July 18, 2024
Any conditional use permit granted in accordance with [Title 18 (“Zoning”) of the Grand Terrace Municipal Code] may be revoked if any of the following actions occur:

A. Any violation of a conditional use permit’s required condition of approval;
B. Any Federal, State or local law or ordinance is violated in connection with a conditionally permitted use.

WHEREAS, SECTION 18.83.080 further provides, in pertinent part:

The Planning Commission shall hold a public hearing to consider the revocation. …After conducting the public hearing the Planning Commission shall make a recommendation to the City Council regarding revocation of the conditionally permitted use. After receiving the Planning Commission’s recommendation, the City Council shall conduct its own public hearing and make a final determination to revoke, amend or leave unchanged the subject conditional use permit.

WHEREAS, the Planning and Development Services Director has evaluated the Project and determined that the Project is being operated in a manner that is inconsistent with the Conditions of Approval, and that violations of Federal, State or local law or ordinance have been violated in connection with the Project operation, and, therefore, scheduled a public hearing before this Planning Commission to seek the revocation of Conditional Use Permit 19-01; and,
WHEREAS, all requisite notice of public hearing were duly given, issued, mailed, published, and/or posted in the time, form, and manner as required by law; and, WHEREAS, on June 20, 2024, the Planning Commission held the duly noticed public hearing to consider the revocation of Conditional Use Permit 19-01; and, WHERAS, during the course of said public hearing, the Planning Commission considered testimony of City Staff, representatives of the owner of the Subject Property, representatives of the business operator at the Premises, and members of the public, as well as documentary evidence submitted to the Planning Commission for purposes of the public hearing; and,
WHEREAS, at the conclusion of the public hearing, the Planning Commission determined, based upon the evidence presented at the public hearing, that the following violations of Conditional Use Permit 19-01 and/or of applicable laws have occurred and/or are continuing to occur at the Subject Property:

C.1.a
Packet Pg. 20
Attachment: Attachment 1 - Planning Commission Resolution 2024 - Final (GrandT-1 CUP 19-01 Revoke (Continued))

PC Reso No. 2024-06 Page 3 of 4 July 18, 2024
a) Business operations outside of the approved business hours – which the Planning Commission has determined are Monday through Friday, from 7 am to 8 pm;
b) Unpermitted truck storage;
c) Lack of required Certificate of Occupancy;
d) Unapproved re-fueling activities (including storage of fuel and re-fueling of vehicles and/or equipment);
e) Failure to submit to the City required “Project Delivery Staging and Operating Schedules”; and,
f) Failure to submit to the City required “Security Camera Plan”.

WHEREAS, the Planning Commission has determined, based upon the evidence presented at the public hearing, that the Project is not operating in a manner that is consistent with the Conditions of Approval of Conditional Use Permit 19-01; and, WHEREAS, the Planning Commission has determined, based upon the evidence presented at the public hearing, that the Project is being operated in a manner that is detrimental to the public health, safety, or welfare; and, WHEREAS, the Planning Commission has determined, based upon the evidence presented at the public hearing, that there is sufficient evidence to merit the revocation of Conditional Use Permit 19-01.

NOW, THEREFORE, BE IT RESOLVED that the Planning Commission finds that the above recitals are true and correct and incorporated herein by reference as if set forth in full; and,
BE IT FURTHER RESOLVED that the Planning Commission recommends the City Council conduct a public hearing pursuant to Grand Terrace Municipal Code Section

18.83.080 and make a final determination to revoke Conditional Use Permit 19-01; and, C.1.a
Packet Pg. 21
Attachment: Attachment 1 - Planning Commission Resolution 2024 - Final (GrandT-1 CUP 19-01 Revoke (Continued))

PC Reso No. 2024-06 Page 4 of 4 July 18, 2024
APPROVED AND ADOPTED by the Planning Commission/Site and Architectural Review Board of the City of Grand Terrace, California, at a regular Public Hearing held on the 18th day of July 2024.

ATTEST:
__________________________ __________________________
Debra L. Thomas Tara Ceseña
City Clerk Vice-Chair
C.1.a
Packet Pg. 22
Attachment: Attachment 1 - Planning Commission Resolution 2024 - Final (GrandT-1 CUP 19-01 Revoke (Continued))

C.1.b
Packet Pg. 23
Attachment: Attachment 2 - Resolution 2020-32 (GrandT-1 CUP 19-01 Revoke (Continued))

C.1.b
Packet Pg. 24
Attachment: Attachment 2 - Resolution 2020-32 (GrandT-1 CUP 19-01 Revoke (Continued))

C.1.b
Packet Pg. 25
Attachment: Attachment 2 - Resolution 2020-32 (GrandT-1 CUP 19-01 Revoke (Continued))

C.1.b
Packet Pg. 26
Attachment: Attachment 2 - Resolution 2020-32 (GrandT-1 CUP 19-01 Revoke (Continued))

C.1.b
Packet Pg. 27
Attachment: Attachment 2 - Resolution 2020-32 (GrandT-1 CUP 19-01 Revoke (Continued))

C.1.b
Packet Pg. 28
Attachment: Attachment 2 - Resolution 2020-32 (GrandT-1 CUP 19-01 Revoke (Continued))

C.1.b
Packet Pg. 29
Attachment: Attachment 2 - Resolution 2020-32 (GrandT-1 CUP 19-01 Revoke (Continued))

C.1.b
Packet Pg. 30
Attachment: Attachment 2 - Resolution 2020-32 (GrandT-1 CUP 19-01 Revoke (Continued))

C.1.b
Packet Pg. 31
Attachment: Attachment 2 - Resolution 2020-32 (GrandT-1 CUP 19-01 Revoke (Continued))

C.1.b
Packet Pg. 32
Attachment: Attachment 2 - Resolution 2020-32 (GrandT-1 CUP 19-01 Revoke (Continued))

C.1.b
Packet Pg. 33
Attachment: Attachment 2 - Resolution 2020-32 (GrandT-1 CUP 19-01 Revoke (Continued))

C.1.b
Packet Pg. 34
Attachment: Attachment 2 - Resolution 2020-32 (GrandT-1 CUP 19-01 Revoke (Continued))

C.1.b
Packet Pg. 35
Attachment: Attachment 2 - Resolution 2020-32 (GrandT-1 CUP 19-01 Revoke (Continued))

___ Planning and Development Services Department
September 25, 2020
Patrick O'Brien
Grand T-1 LLC
Delivered by Via E-mail and Mail
1040 S. Mount Vernon Avenue, Suite G-285
Colton, CA 92324
Re: Conditional Use Permit 19-01, Site and Architectural Review 19-03, and Environmental 19-05 to construct a Trailer/Container Storage Facility (APN: 0275- 191-06 and 0275-191-30)
Dear Mr. O'Brien:

We are pleased to inform you that at their meeting of August 25, 2020, the City Council of the City of Grand Terrace held a Public Hearing and upheld the Planning Commission determination by adopting Resolution 2020-32 (enclosed) approving (3 to 2) the above-referenced applications to construct a trailer/container storage facility on a

21.92-acre lot. There were no appeals made during the public hearing. The notice of determination was mailed to the Clerk of the Board of Supervisors enclosed is a copy of the filing and receipt for your records.

The approval by the City Council is not effective until the "Acceptance of Conditions of Approval" form, enclosed herein, has been signed by you and returned to the Planning and Development Services Department.

Good luck with your project. ff you have any questions, contact me at (909) 824-6621 ext. 225
Sincerely,
STEVEN
~1'- A. WEISS, AICP
Planning and Development Services Director
Enclosure
\\Cogt-fs2\vol3\USERS\COMDEV\Project Files\CUP 19-01_ 0Brien\Appeal\CUP 19-01_Approval Letter 9.25.2020.doc
22795 Barton Road, Grand Terrace, California, 92313-5295 909/824-6621 Fax 9091783-2600 C.1.c
Packet Pg. 36
Attachment: Attachment 3 - CUP 19-01_Signed Approval Letter (GrandT-1 CUP 19-01 Revoke (Continued))

ACCEPTANCE OF CONDITIONS

OF APPROVAL

APPROVAL BY CITY COUNCIL OF THE CITY OF GRAND TERRACE TO

UPHOLD THE PLANNING COMMISSION'S APPROVAL TO ADOPT A MITIGATED NEGATIVE DECLARATION (ENVIRONMENTAL 19-05) PURSUANT TO THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND APPROVING CONDITIONAL USE PERMIT 19-01 AND SITE AND ARCHITECTURAL REVIEW 19- 03 TO DEVELOP A TRAILER/CONTAINER STORAGE FACILITY FOR A MAXIMUM OF 650 PARKING SPACES FOR EMPTY SEMI-TRAILERS, SHIPPING AND STORAGE CONTAINERS, AND CHASSIS USE ON A 21.92-ACRE SITE (ASSESSOR'S PARCEL NUMBERS [APNs] 0275-191-06 AND 0275-191-30 WHICH IS CURRENTLY UNDEVELOPED AND LOCATED APPROXIMATELY 520 FEET

NORTH OF VIVIENDA AVENUE AND SOUTH OF THE SANTA ANA RIVER TRAIL IN

THE NORTHWESTERN PORTION OF THE CITY

1. Conditional Use Permit 19-01 is approved to conduct truck trailer storage of empty trailers on a 21-acre property located approximately 520 feet north of Vivienda Avenue and south of the Santa Ana River trail in the northwestern portion of the city. This approval is granted based on the application materials submitted by GT-1, Inc. (Patrick O'Brian) on January 2, 2019, including revised Project plans received March 3, 2020. This approval includes development of a trailer/container storage facility. The Project will provide a maximum of 650 parking spaces for semi-trailers, shipping and storage containers, and chassis.

The application materials are approved as submitted and conditioned herein and shall not be further altered except as modified by these conditions of approval and mitigation measures, and unless reviewed and approved by the affected departments.

2. Prior to issuance of a certificate of use and occupancy, the Applicant has voluntarily agreed to and shall enter into a Community Benefit Agreement (CBA) with the City, subject to City Attorney approval as to form, in which the Applicant will pay for and provide certain community amenities to the City. For the purposes of the CBA, such community amenities shall include, but not be limited to, a Community Garden located on a portion of the property with raised community garden beds and a grove of fruit trees and related improvements, including, but not limited to, the provision of water to such garden and access road improvements; a pedestrian trail connection to the Santa Ana River Trail with an ornate sign and related improvements, including, but not limited to, access road improvements; a teaching amphitheater at the Grand Terrace Fitness Park (located at 21937 Grand Terrace Road, Grand Terrace, CA 92313) and related improvements; and a monetary donation for future City street C.1.c
Packet Pg. 37
Attachment: Attachment 3 - CUP 19-01_Signed Approval Letter (GrandT-1 CUP 19-01 Revoke (Continued))

ACCEPTANCE OF CONDITIONS

OF APPROVAL
maintenance in an amount to be provided in a Community Benefit Agreement for City Council consideration and approval.

3. The proposed business hours will be Monday thru Friday from 7:00 a.m. to 8:00 p.m. and a total of twelve employees. No business activities shall be conducted after 10:00 p.m. except for emergency purposes only.

4. Minor modifications to this approval which are determined by the Planning and Development Services Director to be in substantial conformance with the approved site plan, and which do not intensify or change the use or require any deviations from adopted standards, may be approved by the Planning and Development Services Director upon submittal of an application and the required fee consistent with the Grand Terrace Municipal Code.

5. 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 Planning and Development Services 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.

6. 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 Planning and Development Services Department.

7. Under no condition shall there be stockpiling of material prior to the issuance of the first grading permit and related conditions of approval for the grading permit.

8. If exhibits, and written conditions are inconsistent, the written conditions shall prevail.

9. The Applicant or authorized agent shall apply to the United States Occupational Safety and Health Administration (OSHA) to permit an alternative to back up alarms on "yard goats" and forklifts for the purpose of lessening the noise and C.1.c
Packet Pg. 38
Attachment: Attachment 3 - CUP 19-01_Signed Approval Letter (GrandT-1 CUP 19-01 Revoke (Continued))

ACCEPTANCE OF CONDITIONS

OF APPROVAL
frequency of standard back up apparatus. Said apparatus shall be reviewed and approved by OSHA and the Director of Planning and Development Services prior to the issuance of the first certificate of use and occupancy.

10. Heavy maintenance of trailers shall be strictly prohibited.

11. 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.

12. The Applicant shall comply with all applicable Federal, State, County and Local Codes, at all times.

13. The Applicant shall obtain legal and physical access across adjacent properties to the public roadway, which may include Railroad Access Road or utilize the property's legal access at Vivienda Avenue, and shall include access rights for the City for the purpose of allowing access for all City vehicles, including police, fire, and other emergency vehicles. The document(s) recording the road access easement shall be prepared by the Applicant for review and approval by the City Engineer prior to recordation. The Vivienda Avenue legal access improvements shall be determined and reviewed by the City Engineer.

14. Access rights shall be granted to the City for the purpose of allowing access over private drives within the development for all City vehicles, including police, fire, and other emergency vehicles. The document(s) recording this access shall be prepared by the Applicant for review and approval by the City Engineer, prior to recordation.

15. The Applicant shall obtain a City's Business License from the Finance Division and shall be renewed annually for as long as the business remains in operation.

16. The Applicant shall comply with all requirements of the City of Grand Terrace Building and Safety Division, including the conditions of approval contained in the Building Official's Memorandum dated March 23, 2020, attached hereto as Exhibit 1.

17. The Applicant shall comply with all requirements of the City of Grand Terrace Public Works Director, including the conditions of approval contained in the Director's Memorandum dated March 13, 2020, attached hereto as Exhibit 2.

C.1.c
Packet Pg. 39
Attachment: Attachment 3 - CUP 19-01_Signed Approval Letter (GrandT-1 CUP 19-01 Revoke (Continued))

ACCEPTANCE OF CONDITIONS

OF APPROVAL

18. The Applicant shall comply with all requirements of the San Bernardino County Fire Department, Office of the Fire Marshal Community Safety Division, including the conditions of approval contained in their Permit Number: FPLN-2019-00163.

The Applicant shall resubmit plans to SBCF as indicated on the Fire Comment dated October 07, 2019, attached hereto as Exhibit 3.

19. Prior to the issuance of a Certificate of Occupancy by the Building and Safety Division, the Applicant shall provide a will service letter and obtain all requisite permits and clearances from Riverside Highland Water Company (RHWCO).

20. Prior to obtaining clearances form the San Bernardino County Fire Department, Office of the Fire Marshal Community Safety Division and clearances from the Riverside Highland Water Company (RHWCO) shall be completed.

21. Prior to the issuance of grading permits, the Applicant shall obtain all clearances from Burrtec for trash collection services.

22. Prior to the issuance of grading permits, the Applicant shall comply with all the requirements of the City of Colton Water and Wastewater Department, relating to sewer service requirements.

23. The Applicant or assignee shall provide a Project delivery staging and operating schedule to the City for the purpose of avoiding stacking of trucks and trailers at major City intersections. The schedule shall be submitted for review and approval by the Planning and Development Services Department on a quarterly basis for the first three calendar years of operation commencing on the date that the Project use begins operating.

24. The Applicant shall avoid truck or trailer movement during Grand Terrace traffic peak hours between 6:30 a.m. to 8:30 a.m. and 4:30 p.m. and 6:30 p.m. Truck stacking from Terrace Avenue to Barton Road shall be prohibited.

25. Project truck traffic shall continue exclusively on Terrace Avenue and shall not enter residential streets at Vivienda Avenue and Walnut Avenue. There shall be zero tolerance for any truck traffic

26. The Planning and Development Services Director shall periodically evaluate the Project use to ensure it is operated in a manner consistent with the conditions of approval, including the mitigation measures included in the initial study dated March 2020. If adverse traffic impacts are identified, the Conditional Use Permit shall be reviewed, pursuant to Section 18.83.032 (Revisions or modifications).

C.1.c
Packet Pg. 40
Attachment: Attachment 3 - CUP 19-01_Signed Approval Letter (GrandT-1 CUP 19-01 Revoke (Continued))

ACCEPTANCE OF CONDITIONS

OF APPROVAL

27. The trash enclosure shall be no less than six feet in height, constructed of decorative block walls, with solid metal gates attached to posts, embedded in concrete.

28. The Applicant shall comply with the Mitigation Measures included on the Mitigation Monitoring and Reporting Program Checklist of the Initial Study dated March 2020, attached hereto as Exhibit 4.
a. Biological Resources, BI0-1
b. Cultural Resources, CUL-1
c. Geology and Soils, GE0-1
d. Hydrology and Water Quality, SC HYD-1, 2, & 3
e. Tribal Cultural Resources, TRC-1

29. The Applicant shall comply with the following Hydrology and Water Quality Conditions included on the Initial Study:

SC HYD-1 : Prior to the issuance of a grading permit, the Project Applicant shall file and obtain a Notice of Intent (NOi) with the Regional Water Quality Control Board (RWQCB) in order to be in compliance with the State National Pollutant Discharge Elimination System (NPDES) General Construction Storm Water Permit for discharge of surface runoff associated with construction activities.

Evidence that this has been obtained (i.e., a copy of the Waste Discharger's Identification Number) shall be submitted to the City of Grand Terrace for coverage under the NPDES General Construction Permit. The NOi shall address the potential for an extended and discontinuous construction period based on funding availability. This measure shall be implemented to the satisfaction of the Director of the City Engineering Division of the Public Works Department or designee.

SC HYD-2: Prior to the issuance of a grading permit, the Project Applicant shall submit to the City of Grand Terrace a Storm Water Pollution Prevention Plan (SWPPP). The SWPPP shall include a surface water control plan and erosion control plan citing specific measures to control on-site and off-site erosion during the entire grading and construction period. In addition, the SWPPP shall emphasize structural and nonstructural Best Management Practices (BMPs) to control sediment and non-visible discharges from the site. The SWPPP shall include inspection forms for routine monitoring of the site during both the grading and construction phases to ensure National Pollutant Discharge Elimination System (NPDES) compliance and that additional BMPs and erosion control measures will be documented in the SWPPP and utilized if necessary. The SWPPP shall address the potential for an extended and discontinuous construction period based on funding availability. The SWPPP shall be kept on C.1.c
Packet Pg. 41
Attachment: Attachment 3 - CUP 19-01_Signed Approval Letter (GrandT-1 CUP 19-01 Revoke (Continued))

ACCEPTANCE OF CONDITIONS

OF APPROVAL
site for the entire duration of Project construction and shall be available to the local RWQCB for inspection at any time. BMPs to be implemented may include the following:
• Sediment discharges from the site may be controlled by the following:
sandbags, silt fences, straw wattles and temporary basins (if deemed necessary), and other discharge control devices. The construction and condition of the BMPs shall be periodically inspected during construction, and repairs shall be made when necessary as required by the SWPPP. • Materials that have the potential to contribute to non-visible pollutants to storm water must not be placed in drainage ways and must be contained, elevated, and placed in temporary storage containment areas. • All loose piles of soil, silt, clay, sand, debris, and other earthen material shall be protected in a reasonable manner to eliminate any discharge from the site. Stockpiles shall be surrounded by silt fences and covered with plastic tarps.
• In addition, the construction contractor shall be responsible for performing and documenting the application of BMPs identified in the SWPPP.

Weekly inspections shall be performed on sandbag barriers and other sediment control measures called for in the SWPPP. Monthly reports and inspection logs shall be maintained by the contractor and reviewed by the City of Grand Terrace and the representatives of the State Water Resources Control Board. In the event that it is not feasible to implement specific BMPs, the City of Grand Terrace can make a determination that other BMPs will provide equivalent or superior treatment either on or off site.

This measure shall be implemented to the satisfaction of the Director of the City of Grand Terrace Engineering Division of the Public Works Department or his/her designee.

SC HYD-3: Prior to issuance of a grading permit, the Project Applicant shall submit evidence to the City that the Low Impact Development (LID) Best Management Practices (BMPs) specified in the Final Water Quality Management Plan (Preliminary WQMP) approved by the City of Grand Terrace shall be written into the grading and development plans submitted to the City for review and approval to manage water quality and hydrologic effects of the proposed Project.

Specifically, the LID BMPs shall be implemented to ensure the Project meets or exceeds the minimum design capture volume of the site.

Periodic maintenance of LID BMPs during Project occupancy and operation shall be in accordance with the schedule outlined in the Final WQMP. This measure C.1.c
Packet Pg. 42
Attachment: Attachment 3 - CUP 19-01_Signed Approval Letter (GrandT-1 CUP 19-01 Revoke (Continued))

ACCEPTANCE OF CONDITIONS

OF APPROVAL
shall be implemented to the satisfaction of the Director of the City Engineering Division of the Public Works Department or designee.

30. Prior to the issuance of a grading permit, the Applicant shall submit three (3) copies of landscape and irrigation plan to the Planning and Development Services Department for review and approval. The landscape and irrigation plans shall be prepared in accordance with the City's Water Efficient Landscape Ordinance (Chapter 15.56) Landscaping Standards contained in Chapter 18.60 of the Zoning Code, in compliance with the most recent version of the State Model Ordinance, and the Landscape Enhancement Exhibit, which is attached hereto as Exhibit 5. The plans shall demonstrate the following:
a. The proposed parkway trees shall comply with the list of approved trees contained on Chapter 12.28 - Street and Parkway Trees of the Municipal Code.
b. Ensure that proposed plant material, at maturity, will maintain clear line visibility at all intersections as determined by the City's Traffic Engineer. c. Plant material adheres to spacing recommendations based on plant and shrub species.
d. Note the material that will placed in planter areas, i.e. mulch, decorative rock, etc.
e. Irrigation shall be located along the vines fencing along the north, west, and south perimeter of the property. Vines planting material shall be a minimum 15-gatton.
f. The south privacy fence located between the future Community Garden and the business parking area shall be planted with vines and irrigated. g. The proposed landscape shall incorporate a drip irrigation system. h. Irrigation shall be included in the raised Community Garden beds and the community fruit tree grove.
i. A water spigot shall be located at the future Community Garden area. j. Include a legend: type of species, including common and scientific name of the planting, size, landscape percentage.
k. All trees shall be a minimum size of 15-gallon, having a minimum height of eight feet at the time of planting.

I. Shrubs shall be a minimum of 1-gallon size at the time of planting.

C.1.c
Packet Pg. 43
Attachment: Attachment 3 - CUP 19-01_Signed Approval Letter (GrandT-1 CUP 19-01 Revoke (Continued))

ACCEPTANCE OF CONDITIONS

OF APPROVAL
m. Ground cover shall be healthy, dense foliage, and well routed cuttings, or one-gallon container plants.
n. The spacing of trees and shrubs shall be appropriate for the species used. o. Twenty percent of planting material shall be pollinating plants. p. Approval must be obtained for removal of all trees having a trunk diameter of 10 inches or more measured 48 inches above existing grade. q. Submit an initial deposit of $2,000 deposit for landscape plan check review.

31. The proposed storage shed, and shade shelters, size, style, and location shall be reviewed and approved by the Planning and Development Services Department prior to construction.

32. Proposed lighting shall not produce any glare onto adjoining properties and shall be shielded as may be required. Lighting shall not exceed eighteen feet in height from the finished grade and shall be designed to reflect away from residential district and public roadways. A photometric plan shall be included in the construction plans for review.

33. Prior to the construction of perimeter fencing on shared property lines, the Applicant shall submit a Fence/Wall Agreement signed by the adjacent property owners.

34. The Applicant shall comply with the California Restricted Materials Requirements by the State of California Department of Pesticide Regulation for Ground Water Protection Area. Prior to initiating trailer storage and prior to obtaining a Certificate of Occupancy by the Building and Safety Division. Copies of such clearances shall be provided to the Planning and Development Services Department and the Building and Safety Division.

35. The Applicant shall comply with the National Pollutant Discharge Elimination System (NPDES).

36. The proposed 900 square foot office trailer and 4,600 square foot maintenance building for future development, shall be reviewed and approved through an Administrative Conditional Use Permit. The Applicant shall obtain easement holder clearances prior to the construction of any structures located within any easement.

C.1.c
Packet Pg. 44
Attachment: Attachment 3 - CUP 19-01_Signed Approval Letter (GrandT-1 CUP 19-01 Revoke (Continued))

ACCEPTANCE OF CONDITIONS

OF APPROVAL

37. Any future or abandoned water well shall be reviewed and approved by City Departments and agencies, including obtaining applications and clearances by San Bernardino County Environmental Health Services Department. A copy of such certificates shall be provided to the Planning and Development Services Division and the Building and Safety Division.

38. Any future changes in on-site activities shall require submittal, review, and approval of a modified conditional use permit.

39. Any future development on the site, including alterations, conversions, remodels, and new structures shall require compliance with the Municipal Code and the Floodplain Ordinance.

40. All ground mounted equipment, including backflow devices, shall be screened in a manner that does not impede traffic visibility.

41. The Applicant shall be responsible for regular and ongoing upkeep and maintenance of the site.

42. All contractors shall acquire a valid City business license and be in compliance with all City codes.

43. The Santa Ana River Trailhead entry structure and monument sign size, style, and location shall be reviewed and approved as identified in the Community Benefit Agreement.

44. The Applicant shall complete and carry out, as applicable, all community amenities identified in the Community Benefit Agreement (CBA) and as provided in Condition 2 within the timeframes identified in the CSA

45. The Applicant shall obtain a sign permit prior to the installation of any business signs.

46. The applicant or assignee shall submit a security camera plan that demonstrates on site and off site monitoring. Plan shall be reviewed and approved by the Planning and Development Director prior to the issuance of a certificate of use and occupancy.

Acceptance of Conditions for Condition of Approval 19-01, Site and Architectural Review 19-03, and Environmental 19-05
C.1.c
Packet Pg. 45
Attachment: Attachment 3 - CUP 19-01_Signed Approval Letter (GrandT-1 CUP 19-01 Revoke (Continued))

ACCEPTANCE OF CONDITIONS

OF APPROVAL
This approval is not effective until this form is signed and returned to the Planning and Development Services Department of the City of Grand Terrace.

Signatures:

Patrick O'Brien representing
Grand T-1 LLC
Applicant
Date
Enclosed:

Agencies Conditions of Approval
Resolution 2020-32
Notice of Determination Filing Receipt
CC: Building and Safety Division
Public Works Division
Planning and Development Services
Director
q/30/2020
C.1.c
Packet Pg. 46
Attachment: Attachment 3 - CUP 19-01_Signed Approval Letter (GrandT-1 CUP 19-01 Revoke (Continued))

Building and Safety Conditions of Approval
Date: March 18, 2020
File No: Conditional Use Permit 19-01
Applicant: GrandT-1 Inc., represented by Patrick O’ Brien Address of Applicant: 1040 S. Mt. Vernon Ave., Suite G-285 Colton, CA 92324 APN: 0275-191-06 & 30
Provide four (4) sets of construction plans and documentation for plan review of the proposed project. Below you will find a list of the plans and documents Building and Safety will need for plan review. The initial plan review will take approximately two weeks on most projects.

Provide the following sets of plans and documents.

Building and Safety submittal required at first plan review. (4) Architectural Plans
(4) Structural Plans
(2) Structural Calculations
(4) Plot/Site Plans
(4) Electrical Plans
(4) Electrical Load Calculations
(4) Plumbing Plans/Isometrics, Water, Sewer and Gas
(4) Mechanical Plans
(4) Mechanical Duct Layout Plans
(2) Roof and Floor Truss Plans if applicable
(2) Title 24 Energy Calculations
(4) Rough and Precise Grading Plans
(2) Water Quality Management Plan, (WQMP) and Erosion Control Plan. (2) Stormwater Pollution Prevention Plan (SWPPP)
(2) Best Management Plan (BMP)
EXHIBIT 1
C.1.c
Packet Pg. 47
Attachment: Attachment 3 - CUP 19-01_Signed Approval Letter (GrandT-1 CUP 19-01 Revoke (Continued))

Building and Safety Conditions of Approval
Building & Safety General Information
All structures shall be designed in accordance with the currently adopted building codes by the State of California and City of Grand Terrace Municipal Code as adopted at time of plan submittal. Note if a new code has been adopted prior to the submittal, then all structures shall be designed to the current model code year.

The Developer/Owner is responsible for the coordination of the final occupancy. The Developer/Owner shall obtain clearances from each department and division prior to requesting a final building inspection from Building & Safety. Each agency shall sign the bottom of the Job Card or Certificate of Occupancy Clearance Form.

Building & Safety inspection requests can be made twenty-four (24) hours in advance for next day inspection. Please contact 909-825-3825. You may also request inspections at the Building & Safety counter.

All construction sites must be protected by a security fence and screening. The fencing and screening shall be maintained at all times to protect pedestrians.

Temporary toilet facilities shall be provided for construction workers. The toilet facilities shall be maintained in a sanitary condition. Construction toilet facilities of the non sewer type shall conform to ANSI ZA.3.

Construction projects which require temporary electrical power shall obtain an Electrical Permit from Building & Safety. No temporary electrical power will be granted to a project unless one of the following items is in place and approved by Building & Safety and the Planning Division.
(A) Installation of a construction trailer, or,
(B) Security fenced area where the electrical power will be located.

Installation of construction/sales trailers must be located on private property. No trailers can be located in the public street right of way.

Separate plan submittals and permits are required for all accessory structures including but not limited to patios, block walls, storage buildings, community playgrounds, etc.

Pursuant to the California Business and Professions Code Section 6735, most projects are required to be designed by a California Licensed Architect or Engineer. The project owner or developer should review the section of the California Codes and comply with the regulation.

C.1.c
Packet Pg. 48
Attachment: Attachment 3 - CUP 19-01_Signed Approval Letter (GrandT-1 CUP 19-01 Revoke (Continued))

Building and Safety Conditions of Approval
Building & Safety Conditions

1. Prior to the issuance of a building permit, the applicant shall pay all Development Improvement Fee’s to the City; this also includes school fees and outside agency fees including but not limited to Colton Wastewater, Riverside-Highland Water Co. and utilities. Copies of receipts shall be provided to Building & Safety prior to permit issuance.

2. All on site utilities shall be underground to the new proposed structure unless prior approval has been obtained by the utility company or the City.

3. Prior to issuance of Building Permits, on site water service shall be installed and approved by the responsible agency. On site fire hydrants shall be approved by the Fire Department. No flammable materials will be allowed on the site until the fire hydrants are installed and approved.

4. Prior to issuance of building permits, site grading certification and pad certifications shall be submitted to Building & Safety. Prior to concrete placement, submit a certification for the finish floor elevation and setbacks of the structures. The certification needs to reflect that the structure is in conformance with the Precise Grading Plans. Compaction reports shall accompany pad certifications. The certifications are required to be signed by the engineer of record.

5. Prior to issuance of building permits, provide Building & Safety with a will service letter from Riverside Highland Water District.

6. All construction projects shall comply with the National Pollutant Discharge Elimination Systems (NPDES), and the San Bernardino County MS-4 Storm Water Permit.

7. Provide civil engineering drawings for dedication of 15 foot of right of way and all public right of way improvements including curb, gutter and half street width improvements. Civil engineering drawings and dedication shall be submitted to Public Works to be checked by the City Engineer and recorded with the County Recorder’s office before permits are issued.

8. Depending on the location of the curb and gutter, the utilities located in the public right of way in front of the property, along Michigan St., may need to be relocated. Please contact Edison and the telephone/cable company to determine the desired location for the utilities.

C.1.c
Packet Pg. 49
Attachment: Attachment 3 - CUP 19-01_Signed Approval Letter (GrandT-1 CUP 19-01 Revoke (Continued))

Building and Safety Conditions of Approval

9. Prior to building permit issuance, the applicant shall establish haul services for construction waste material with Burrtec to facilitate the recycling of all recoverable/recyclable material as mandated under the California Green Code and City of Grand Terrace Municipal Code.

10.The applicant shall submit a completed Construction & Demolition (C&D) Waste Diversion Program / Waste Management Plan (WMP) form along with the required C&D deposit based per square footage of construction and/or demolition prior to building permit issuance.

11.Project with new landscape areas of 500 square feet or more are subject to the 2015 Model Water Efficient Landscape Ordinance (MWELO).

C.1.c
Packet Pg. 50
Attachment: Attachment 3 - CUP 19-01_Signed Approval Letter (GrandT-1 CUP 19-01 Revoke (Continued))

Public Works Conditions
Date: 5-13-20
Applicant: GrantT-1, Inc., represented by Patrick O’Brien Address of Applicant: 3090 Pullman Street, Costa Mesa, Ca, 92626 Site Location: Terrace Avenue, approx. 385 feet north of Vivienda Ave Case # CUP 19-01, SAR 19-03, EA 19-05
Provide two (2) construction plans and required documentation for review of the proposed project.

Below is a list of the plans and documents Public Works will need for plan review. The initial plan review will take approximately three weeks on most projects. You have received a case number: CUP 19-01for the proposed project, this number will be needed to obtain information regarding your plan review. Plan review fees and permit fees will be charged at the time plans are approved and are ready to issue. Provide the following sets of plans and documents.

Public Works/Engineering submittals required at first plan review. (1) Grant Deed showing all easements.
(1) Water Plans.
(4) Street improvement plans prepared by a licensed Civil Engineer. (4) Approved Tentative Plan
(4) Utility Plans
(4) Sewer Plans
(4) Grading Plans and Erosion Control Plan
(2) Drainage Report and Final Water Quality Management Plan, (WQMP) (2) Stormwater Pollution Prevention Plan
All work performed in the public right of way shall comply with the San Bernardino County Public Works Standards or standards of the latest update of the Greenbook as approved by the Public Works Director or City Engineer.

Public Works inspection requests can be made twenty-four (24) hours in advance for next day inspection. Please contact (909) 825-3825. You may also request inspections at the Building & Safety public counter.

Installation of construction/sales trailers must be located on private property. No trailers, equipment or material can be in the public street right of way.

EXHIBIT 2 C.1.c
Packet Pg. 51
Attachment: Attachment 3 - CUP 19-01_Signed Approval Letter (GrandT-1 CUP 19-01 Revoke (Continued))

Public Works Conditions

1. All proposed public street improvements shall be designed by persons registered and licensed pursuant to the Business and Professions Code and all street work will require a contactor licensed in the State of California and insured pursuant to the City’s insurance requirements.

2. The applicant shall dedicate right of way and/or construct all missing or damaged public improvements. The missing or damaged public improvements shall include, but are not limited to, pavement, curb, gutter, sidewalk, driveway approach, and streetlights as directed by the Public Works Department.

3. Install centrally located concrete ornamental streetlights in the right of way and pay one-year energy cost for streetlights. Coordinate with Southern California Edison and the City of Grand Terrace for cost and locations. Streetlights shall be LED type.

4. Provide half street width paving overlay after utility installations on the entire length of the project. Minimum 2-inch asphalt overlay with an asphalt grind. All grindings shall be recycled.

5. The Applicant shall submit proposed sewer plans to the City of Colton Wastewater Department and Public Works for plan review. Applicant shall pay all plan review fees and permit fees for the sewer review to the City of Colton and Public Works. Please provide a written “Will Serve” letter and sewer plans to the City of Grand Terrace for approval before any permits are issued.

6. The applicant shall submit proposed water plans to the Riverside Highland Water Company and Public Works for plan review. Applicant shall pay all plan review fees and permit fees for the water review to Riverside Highland Water Company and Public Works. Please provide a written “Will Serve” letter and plans to the City of Grand Terrace for approval before any permits are issued.

7. Applicant shall submit proposed water plans for fire hydrants to the County of San Bernardino Fire Department for plan review and approval. Applicant shall pay all plan review fees and permit fees for the fire hydrant system review to the County of San Bernardino Fire Department.

8. Provide additional 20 feet right of way dedication on Terrace Avenue which is classified as a Local Road with 60 feet ultimate width the entire length of the property. Street improvements will be required to extend beyond the frontage of the project to blend and taper the pavement for traffic and address street flows for drainage. Provide full width paving section and curb, gutter, sidewalk, streetlights along project frontage and signage and striping per standard 104.

9. Truck guide signs shall be posted at intersections and in the area around Terrace to keep truck traffic on Terrace and Barton Road as directed by the City Engineer.

10. The exhibit is showing a partial Knuckle, however, the access under the railroad is conditioned to be gated by another project so a full truck turning cul-de-sac will be needed per standard 120 or Riverside County standard 800.

C.1.c
Packet Pg. 52
Attachment: Attachment 3 - CUP 19-01_Signed Approval Letter (GrandT-1 CUP 19-01 Revoke (Continued))

11. Terrace from south property line to Walnut shall have a Paved Road Section per standard 114a and a barrier on the west side at a grade difference of four feet or greater below the existing road grade. Type of barrier to be approved by City of Colton and Grand Terrace.

12. The curb returns and ramps on Terrace Ave shall be constructed per San Bernardino County Standard 110. The radius of these curbs shall be 50 feet.

13. Minimum driveway grades shall be consistent with San Bernardino County Standard 131.

Riverside County Standard driveway approach can also be used.

14. A truck haul permit shall be required if more than 50 cubic yards of earth is to be hauled on City Street. Additional conditions, such as truck route approval, traffic controls, bonding, and or street cleaning may be required by the City engineer.

15. The geotechnical report recommendations for on- and off-site excavation, compaction, slope stability and paving sections shall be submitted. The date of the report shall be placed on the title sheets of the street plans.

16. Monumentation: If any activity on this project will disturb any land survey monuments, the disturbed monumnetation shall be located and referenced by or under the direction of a licensed land surveyor or a registered civil engineer authorized to practice land surveying prior to commencement of any activity with the potential to disturb the monumnetation, and a corner record or record of survey of the references shall be filled with the County.

17. All construction projects shall comply with the National Pollutant Discharge Elimination Systems (NPDES) and the current San Bernardino County MS4 permit.

18. The subdivider shall protect downstream properties from damages caused by alteration of the drainage patterns, i.e., concentration or diversion of flow. Protection shall be provided by constructing adequate drainage facilities including enlarging existing facilities and/or by securing a drainage easement. The subdivider shall provide mitigation measures to be incorporated into the development to prevent flooding of the site and downstream properties. The retention of the post-development runoff from the 100-year event shall be required as part of the drainage improvements for this project.

19. The subdivider shall accept and properly dispose of all off-site drainage flowing onto or through the site. In the event the Public Works Department permits the use of streets for drainage purposes, the provisions of City/County Ordinance will apply.

C.1.c
Packet Pg. 53
Attachment: Attachment 3 - CUP 19-01_Signed Approval Letter (GrandT-1 CUP 19-01 Revoke (Continued))

San Bernardino County Fire Department
Community Safety Division
Plan Review Comments
Date Reviewed: 10/07/2019
Reviewed By: Mike Havens
Project Type: Fire Planning/DRC
Permit Number: FPLN-2019-00163
Project Name: GrandT-1 CUP 19-01
Project Description: Conditional Use Permit for an outdoors trailer storage yard.

Location: 0 VIVIENDA AVE
GRAND TERRACE, CA 92313
APN: 0275191060000
Dear Applicant,
San Bernardino County Fire Department has completed review of the proposed project. Please see the FIRE COMMENTS attachment below.

Redline Plans can be downloaded from the San Bernardino County EZ Online Permitting (EZOP) system at http://av-ezop.sbcounty.gov. Guidance on how to access and navigate the EZOP portal can be found at http://wp.sbcounty.gov/ezop/faqs/videos/.

If you have any questions please contact County Fire at (909) 386-8400.

Sincerely,
The Office of the Fire Marshall
Community Safety Division
San Bernardino County Fire Department
v.19.02.0 Page 1 of 3
EXHIBIT 3
C.1.c
Packet Pg. 54
Attachment: Attachment 3 - CUP 19-01_Signed Approval Letter (GrandT-1 CUP 19-01 Revoke (Continued))

Review Date: 10/07/2019
Permit Number: FPLN-2019-00163
Location: 0 VIVIENDA AVE
GRAND TERRACE, CA 92313
APN: 0275191060000

FIRE COMMENTS
Access
The development shall have a minimum of ____2____ points of vehicular access. These are for fire/emergency equipment access and for evacuation routes. a. Single Story Road Access Width. All buildings shall have access provided by approved roads, alleys and private drives with a minimum twenty-six (26) foot unobstructed width and vertically to fourteen (14) feet six (6) inches in height. Other recognized standards may be more restrictive by requiring wider access provisions. b. Multi-Story Road Access Width. Buildings three (3) stories in height or more shall have a minimum access of thirty (30) feet unobstructed width and vertically to fourteen (14) feet six (6) inches in height.

Secondary Access Paved
Prior to building permits being issued to any new structure, the secondary access road shall be paved or an allweather surface and shall be installed as specified in the General Requirement conditions including width, vertical clearance and turnouts.

Hydrant Marking
Blue reflective pavement markers indicating fire hydrant locations shall be installed as specified by the Fire Department. In areas where snow removal occurs or non-paved roads exist, the blue reflective hydrant marker shall be posted on an approved post along the side of the road, no more than three (3) feet from the hydrant and at least six (6) feet high above the adjacent road.

Standard W-2 ONSITE FIRE PROTECTION WATER SYSTEMS
This standard establishes minimum requirements for installation and maintenance of all private fire hydrants and appliances related to an onsite fire protection system.

Standard A-2 FIRE APPARATUS ACCESS ROAD DESIGNATION AND MARKING This standard applies to the marking of all Fire Department access roadways for new construction and development.

Existing roadways identified as fire access roadways or otherwise required for emergency access shall also be marked per this standard.

Standard A-1 FIRE APPARATUS ACCESS ROAD DESIGN, CONSTRUCTION AND MAINTENANCE This standard shall apply to the design, construction and maintenance of all new fire apparatus access roads within the jurisdiction, as well as fire apparatus access roads at existing facilities when applied at the discretion of the fire code official.

Additional Requirements
In addition to the Fire requirements stated herein, other onsite and offsite improvements may be required which cannot be determined from tentative plans at this time and would have to be reviewed after more complete improvement plans and profiles have been submitted to this office.

Fire Inspection will be required during Hydrant installation.

1. Indicate on Plans the Turning radius as required on Standard A-1

2. Fire lane to be 26 ft, indicate on plans on all drive aisles.

3. Resubmit Plans.
v.19.02.0 Page 2 of 3
C.1.c
Packet Pg. 55
Attachment: Attachment 3 - CUP 19-01_Signed Approval Letter (GrandT-1 CUP 19-01 Revoke (Continued))

Grand Terrace Trailer/Container Storage Project
City of Grand Terrace
Appendix J – Mitigation Monitoring and Reporting Program Mitigation Monitoring and Reporting Program J-2

MITIGATION MONITORING AND REPORTING PROGRAM CHECKLIST
Project Name: Grand Terrace Trailer/Container Storage Project Applicant: GrandT‐1, Inc.

Date: March 2020
Mitigation Measure No. / Implementing Action
Responsible for
Monitoring
Timing of
Verification Method of Verification
Verified
Initials
Date/ Sanctions for NonCompliance
BIO
Biological Resources
-1 If project activities are planned during the
ground
within three days (72 hours) prior to any
31), a nesting bird survey shall be conducted
bird nesting season (February 1 to August
-disturbing activities, including, but
Treaty Act (MBTA) are not disturbed by on
birds protected under the Migratory Bird
grubbing, and/or rough grading, to ensure
not limited to demolition, clearing,
site activities. Any such survey(s) shall be
related to this measure
active nests are found, no additional actions
conducted by a qualified biologist. If no
are required. If
young, near fledging) determine
stage (e.g., incubation of eggs, feeding of
and, to the degree feasible, the nesting
nesting bird species shall be documented
shall be mapped by the biologist. The
active nests are found, the nest locations
d. Based on
habitat, a no
the species present and surrounding
-disturbance buffer shall be
biologist and confirmed by the City; non
buffer shall be identified by a qualified
established around each active nest. The
raptor bird species nests shall be buffered at
conducted within the buffer until the
or ground disturbance activities shall be
buffered at least 820 feet. No construction
least 280 feet, while raptor nests shall be
Designee
Services Director or
Development
Planning and
grading, stockpilin
Prior to issuance of
g
permits.
or construction
Evidence the required prebuffers
maintenance of appropriate
the establishment and
completed, and (as applicable),
construction survey has been
and/
construction permits
Withhold grading/
or issuance of a
not maintained
required buffers are
stop work order (if
).

EXHIBIT 4
C.1.c
Packet Pg. 56
Attachment: Attachment 3 - CUP 19-01_Signed Approval Letter (GrandT-1 CUP 19-01 Revoke (Continued))

Grand Terrace Trailer/Container Storage Project
City of Grand Terrace
Appendix J – Mitigation Monitoring and Reporting Program Mitigation Monitoring and Reporting Program J-3
Project Name: Grand Terrace Trailer/Container Storage Project Applicant: GrandT‐1, Inc.

Date: March 2020
Mitigation Measure No. / Implementing Action
Responsible for
Monitoring
Timing of
Verification Method of Verification
Verified
Initials
Date/ Sanctions for NonCompliance
Development Director or designee.
to the satisfaction of the Planning and
resume. This measure shall be implemented
construction supervisor that activities may
longer active and has informed the City and
biologist has determined the nest is no
CUL
Cultural Resources
-1
that
applicant shall provide evidence to the City
Prior to issuance of grading permits, the
the following note is included on the
“In the event that cultural
grading plans/documents:
resources are
a 60
in the immediate vicinity of the find (within
discovered during project activities, all work
-foot buffer) shall cease and a qualified
Work on the pr
standards shall be hired to assess the find.
archaeologist meeting Secretary of Interior
oject outside of the buffered
detailed in
Department (SMBMI) shall be contacted, as
of Mission Indians Cultural Resources
period. Additionally, the San Manuel Band
area may continue during this assessment
Mitigation Measure TCR-1,
regarding any pre-contact finds and be
If significant pre
significance and treatment.
to provide Tribal input with regard to
assessment of the nature of the find, so as
archaeologist makes his/her initial
provided information after the
-contact cultural resources,
as defined by CEQA (as amended, 2019), are
Designee
Services Director or
Development
Planning and Prior to issuance of
stockpiling permits.
grading or
completed (as required)
of the SMBMI has been
Evidence appropriate notification
required language.

Submittal of plans including the
.

Submittal of evidence that a
has been developed (as requ
Monitoring and Treatment Plan
ired)
for any previously undetected onsite cultural resource and completed.
plan have been appropriately
evidence that provisions of the
and/
construction permits
Withhold grading/
or issuance of a
required
detected and
resources are
stop work order (if
plan is not
implemented).

C.1.c
Packet Pg. 57
Attachment: Attachment 3 - CUP 19-01_Signed Approval Letter (GrandT-1 CUP 19-01 Revoke (Continued))

Grand Terrace Trailer/Container Storage Project
City of Grand Terrace
Appendix J – Mitigation Monitoring and Reporting Program Mitigation Monitoring and Reporting Program J-4
Project Name: Grand Terrace Trailer/Container Storage Project Applicant: GrandT‐1, Inc.

Date: March 2020
Mitigation Measure No. / Implementing Action
Responsible for
Monitoring
Timing of
Verification Method of Verification
Verified
Initials
Date/ Sanctions for NonCompliance
Mitigation Measure TCR
review and comment, as detailed in
of which shall be provided to SMBMI for
Monitoring and Treatment Plan, the drafts
ensured, the archaeologist shall develop a
discovered and avoidance cannot be
-1. The
in the immediate vicinity (within a 100
activities associated with the project, work
objects are encountered during any
If unanticipated human remains or funerary
accordingly.
of the project and implement the Plan
archaeologist shall monitor the remainder
-foot
project.”
that code enforced for the duration of the
to State Health and Safety Code §7050.5 and
County Coroner shall be contacted pursuant
buffer of the find) shall cease and the
GEO
Geology/Soils/Paleontology
-1
si
be contacted to assess the find for scientific
shall be established. A paleontologist shall
shall be halted and an exclusionary buffer
disturbance, work within 60 feet of the find
encountered during the course of ground
“If paleontological resources are
included on the grading plans:
shall verify that the following note is
Prior to issuance of grading permits, the City
gnificance. No ground-disturbing activity
within the 60-foot exclusionary buffer may
occur without the consent of the
Designee
Services Director or
Development
Planning and
stockpiling permits.
grading or
Prior to issuance of Submittal of plans including the
S
buffers have been established.
contacted and appropriate
qualified paleontologist has been
appropriate notification a
As warranted, evidence
required language.
ubmittal of evidence that any
previously undetected on-site
paleontological resource has
and/
construction permits
Withhold grading/
or issuance of a
required
detected and
resources are
stop work order (if
process is
not implemented).

C.1.c
Packet Pg. 58
Attachment: Attachment 3 - CUP 19-01_Signed Approval Letter (GrandT-1 CUP 19-01 Revoke (Continued))

City of
Grand Terrace Trailer/Container Storage Project
Grand Terrace
Appendix J – Mitigation Monitoring and Reporting Program Mitigation Monitoring and Reporting Program

J-5
Project Name: Grand Terrace Trailer/Container Storage Project Applicant: GrandT‐1, Inc.

Date: March 2020
Mitigation Measure No. / Implementing Action
Responsible for
Monitoring
Timing of
Verification Method of Verification
Verified
Initials
Date/ Sanctions for NonCompliance
shall be co
determined to be significant, the fossil(s)
Planning and Development Director. If
paleontologist and the City of Grand Terrace
llected from the field. The
lowest taxonomic
the point of identification, identified to the
significant resources shall be prepared to
paleontological monitoring. Scientifically
mitigation measures, such as
recommendations regarding additional
paleontologist may also make
level possible, cataloged,
This
prepared to document the collection.”
collected, a report of findings shall be
significant paleontological resources are
of a museum repository. If scientifically
and curated into the permanent collections
measure shall be implemented to the
Planning Director or his/her designee.
satisfaction of the City of Grand Terrace
been appropriately recorded,
recovered, curated, and reported.

TCR
Tribal Cultural Resources
-1 Prior to the issuance of grading permits, the
shall be contacted, as detailed in
Cultural Resources Department (SMBMI)
“The San Manuel Band of Mission Indians
grading documents:
the following language is included on final
applicant shall provide evidence to the City
Mitigation
Measure CUL-1, of any pre-contact cultural
information regarding the nature of the find,
implementation, and be provided
resources discovered during project
Services Dire
Development
Planning and
ctor or
Designee
stockpiling permits.
grading or
Prior to issuance of
completed (as required
of the SMBMI has been
Evidence appropriate notification
required language.

Submittal of plans including the
).

Monitoring and Treatment
Submittal of evidence that a
Plan
for any previously undetected on
has been developed (as required)
site cultural resource and
and/
construction permits
Withhold grading/
or issuance of a
res
stop work order (if
ources are
implemented
required plan is not
detected and
).

C.1.c
Packet Pg. 59
Attachment: Attachment 3 - CUP 19-01_Signed Approval Letter (GrandT-1 CUP 19-01 Revoke (Continued))

Grand Terrace Trailer/Container Storage Project
City of Grand Terrace
Appendix J – Mitigation Monitoring and Reporting Program Mitigation Monitoring and Reporting Program J-6
Project Name: Grand Terrace Trailer/Container Storage Project Applicant: GrandT‐1, Inc.

Date: March 2020
Mitigation Measure No. / Implementing Action
Responsible for
Monitoring
Timing of
Verification Method of Verification
Verified
Initials
Date/ Sanctions for NonCompliance
Plan. This Plan shall all
subsequent finds shall be subject to this
coordination with SMBMI, and all
created by the archaeologist, in
Monitoring and Treatment Plan shall be
(as amended, 2015), a cultural resources
be deemed significant, as defined by CEQA
significance and treatment. Should the find
so as to provide Tribal input with regard to
ow for a monitor to be
(isolate records, site records, survey repo
documents created as a part of the project
Any and all archaeological/cultural
elect to place a monitor on site.
remainder of the project, should SMBMI
present that represents SMBMI for the
rts,
project.”
with SMBMI throughout the life of the
and/or applicant shall, in good faith, consult
dissemination to SMBMI. The Lead Agency
applicant and Lead Agency for
testing reports, etc.) shall be supplied to the
completed.
plan have been appropriately
evidence that provisions of the
C.1.c
Packet Pg. 60
Attachment: Attachment 3 - CUP 19-01_Signed Approval Letter (GrandT-1 CUP 19-01 Revoke (Continued))

C.1.c
Packet Pg. 61
Attachment: Attachment 3 - CUP 19-01_Signed Approval Letter (GrandT-1 CUP 19-01 Revoke (Continued))

C.1.c
Packet Pg. 62
Attachment: Attachment 3 - CUP 19-01_Signed Approval Letter (GrandT-1 CUP 19-01 Revoke (Continued))

C.1.c
Packet Pg. 63
Attachment: Attachment 3 - CUP 19-01_Signed Approval Letter (GrandT-1 CUP 19-01 Revoke (Continued))

C.1.c
Packet Pg. 64
Attachment: Attachment 3 - CUP 19-01_Signed Approval Letter (GrandT-1 CUP 19-01 Revoke (Continued))

C.1.c
Packet Pg. 65
Attachment: Attachment 3 - CUP 19-01_Signed Approval Letter (GrandT-1 CUP 19-01 Revoke (Continued))

C.1.c
Packet Pg. 66
Attachment: Attachment 3 - CUP 19-01_Signed Approval Letter (GrandT-1 CUP 19-01 Revoke (Continued))

C.1.c
Packet Pg. 67
Attachment: Attachment 3 - CUP 19-01_Signed Approval Letter (GrandT-1 CUP 19-01 Revoke (Continued))

C.1.c
Packet Pg. 68
Attachment: Attachment 3 - CUP 19-01_Signed Approval Letter (GrandT-1 CUP 19-01 Revoke (Continued))

C.1.c
Packet Pg. 69
Attachment: Attachment 3 - CUP 19-01_Signed Approval Letter (GrandT-1 CUP 19-01 Revoke (Continued))

C.1.c
Packet Pg. 70
Attachment: Attachment 3 - CUP 19-01_Signed Approval Letter (GrandT-1 CUP 19-01 Revoke (Continued))

C.1.c
Packet Pg. 71
Attachment: Attachment 3 - CUP 19-01_Signed Approval Letter (GrandT-1 CUP 19-01 Revoke (Continued))

C.1.c
Packet Pg. 72
Attachment: Attachment 3 - CUP 19-01_Signed Approval Letter (GrandT-1 CUP 19-01 Revoke (Continued))

C.1.c
Packet Pg. 73
Attachment: Attachment 3 - CUP 19-01_Signed Approval Letter (GrandT-1 CUP 19-01 Revoke (Continued))

C.1.c
Packet Pg. 74
Attachment: Attachment 3 - CUP 19-01_Signed Approval Letter (GrandT-1 CUP 19-01 Revoke (Continued))

C.1.c
Packet Pg. 75
Attachment: Attachment 3 - CUP 19-01_Signed Approval Letter (GrandT-1 CUP 19-01 Revoke (Continued))

C.1.c
Packet Pg. 76
Attachment: Attachment 3 - CUP 19-01_Signed Approval Letter (GrandT-1 CUP 19-01 Revoke (Continued))

C.1.c
Packet Pg. 77
Attachment: Attachment 3 - CUP 19-01_Signed Approval Letter (GrandT-1 CUP 19-01 Revoke (Continued))

C.1.c
Packet Pg. 78
Attachment: Attachment 3 - CUP 19-01_Signed Approval Letter (GrandT-1 CUP 19-01 Revoke (Continued))

C.1.c
Packet Pg. 79
Attachment: Attachment 3 - CUP 19-01_Signed Approval Letter (GrandT-1 CUP 19-01 Revoke (Continued))

C.1.c
Packet Pg. 80
Attachment: Attachment 3 - CUP 19-01_Signed Approval Letter (GrandT-1 CUP 19-01 Revoke (Continued))

C.1.c
Packet Pg. 81
Attachment: Attachment 3 - CUP 19-01_Signed Approval Letter (GrandT-1 CUP 19-01 Revoke (Continued))

C.1.c
Packet Pg. 82
Attachment: Attachment 3 - CUP 19-01_Signed Approval Letter (GrandT-1 CUP 19-01 Revoke (Continued))

C.1.c
Packet Pg. 83
Attachment: Attachment 3 - CUP 19-01_Signed Approval Letter (GrandT-1 CUP 19-01 Revoke (Continued))

C.1.c
Packet Pg. 84
Attachment: Attachment 3 - CUP 19-01_Signed Approval Letter (GrandT-1 CUP 19-01 Revoke (Continued))

C.1.c
Packet Pg. 85
Attachment: Attachment 3 - CUP 19-01_Signed Approval Letter (GrandT-1 CUP 19-01 Revoke (Continued))

C.1.c
Packet Pg. 86
Attachment: Attachment 3 - CUP 19-01_Signed Approval Letter (GrandT-1 CUP 19-01 Revoke (Continued))

C.1.c
Packet Pg. 87
Attachment: Attachment 3 - CUP 19-01_Signed Approval Letter (GrandT-1 CUP 19-01 Revoke (Continued))

C.1.c
Packet Pg. 88
Attachment: Attachment 3 - CUP 19-01_Signed Approval Letter (GrandT-1 CUP 19-01 Revoke (Continued))

C.1.c
Packet Pg. 89
Attachment: Attachment 3 - CUP 19-01_Signed Approval Letter (GrandT-1 CUP 19-01 Revoke (Continued))

C.1.c
Packet Pg. 90
Attachment: Attachment 3 - CUP 19-01_Signed Approval Letter (GrandT-1 CUP 19-01 Revoke (Continued))

C.1.c
Packet Pg. 91
Attachment: Attachment 3 - CUP 19-01_Signed Approval Letter (GrandT-1 CUP 19-01 Revoke (Continued))

CITY OF GRAND TERRACE

PLANNING COMMISSION/SITE AND ARCHITECTURAL REVIEW BOARD MINUTES ● MAY 21, 2020
Council Chambers Regular Meeting 6:30 PM
Grand Terrace Civic Center ● 22795 Barton Road
City of Grand Terrace Page 1

CALL TO ORDER
Vice-Chair Edward Giroux convened the Regular Meeting of the Planning and Commission/Site and Architectural Review Board for Thursday, May 21, 2020.

PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Commissioner Jeffrey McConnell.

Attendee Name Title Status Arrived
Edward A. Giroux Vice-Chair Present
Tara Cesena Commissioner Present
Jeffrey McConnell Commissioner Present
Jeremy Briggs Commissioner Present
David Alaniz Commissioner Present
Steven Weiss Planning & Development Services Director Present Robert Khuu Assistant City Attorney Present
Haide Aguirre Assistant Planner Present
Debra Thomas City Clerk Present

INSTALLATION OF COMMISSIONER
David Alaniz, newly appointed Planning Commissioner was administered the Oath of Office by Debra Thomas, City Clerk.

SELECTION OF NEW OFFICERS

1. Motion: Nomination for Chairperson
Commissioner Briggs moved, with a second by Jeffrey McConnell, to nominate ViceChair Edward Giroux to serve as the Planning Commission Chairman.

A.2
Packet Pg. 9
Minutes Acceptance: Minutes of May 21, 2020 6:30 PM (CONSENT CALENDAR) C.1.d
Packet Pg. 92
Attachment: Attachment 4 - 2020-05-21 Planning Commission_Minutes (GrandT-1 CUP 19-01 Revoke (Continued))

Minutes Grand Terrace Planning Commission/Site and Architectural Review Board May 21, 2020 City of Grand Terrace Page 2
RESULT: ADOPTED [UNANIMOUS]
MOVER: Jeremy Briggs, Commissioner
SECONDER: Jeffrey McConnell, Commissioner
AYES: Giroux, Cesena, McConnell, Briggs, Alaniz

2. Motion: Nomination for Vice-Chair
Commissioner McConnell moved to nominate Commissioner Jeremy Briggs to serve as Vice-Chair.

Commissioner Cesena made a substitute motion to nominate herself to serve as ViceChair.

Robert Khuu, Assistant City Attorney explained to the Planning Commission how the process works when a substitute motion is made before a second is received on the original motion and that Commissioner Cesena’s substitute motion will be acted upon first.

Commissioner Cesena’s substitute motion dies due to lack of a second.

Commissioner McConnell moved, with a second from Commissioner Jeremy Briggs, to nominate Commissioner Jeremy Briggs to serve as Vice-Chair.

RESULT: ADOPTED [3 TO 2]
MOVER: Jeffrey McConnell, Commissioner
SECONDER: Jeremy Briggs, Commissioner
AYES: Edward A. Giroux, Jeffrey McConnell, Jeremy Briggs NAYS: Tara Cesena, David Alaniz

RECESS FOR REORGANIZATION
Chairman Giroux recessed the regular meeting of the Planning Commission/Site and Architectural Review Board at 6:38 p.m.

Chairman Giroux reconvened the regular meeting of the Planning Commission/Site and Architectural Review Board at 6:56 p.m.

APPROVAL OF AGENDA
Motion: Motion: May 21, 2020 Approval of Agenda
A.2
Packet Pg. 10
Minutes Acceptance: Minutes of May 21, 2020 6:30 PM (CONSENT CALENDAR) C.1.d
Packet Pg. 93
Attachment: Attachment 4 - 2020-05-21 Planning Commission_Minutes (GrandT-1 CUP 19-01 Revoke (Continued))

Minutes Grand Terrace Planning Commission/Site and Architectural Review Board May 21, 2020 City of Grand Terrace Page 3
RESULT: ADOPTED [4 TO 0]
AYES: Edward A. Giroux, Tara Cesena, Jeffrey McConnell, Jeremy Briggs ABSTAIN: David Alaniz

PRESENTATIONS
None.

PUBLIC ADDRESS
None.

A. CONSENT CALENDAR

1. Approval of Minutes – Special Meeting – 10/24/2019
RESULT: ACCEPTED [4 TO 0]
MOVER: Jeremy Briggs, Commissioner
SECONDER: Tara Cesena, Commissioner
AYES: Edward A. Giroux, Tara Cesena, Jeffrey McConnell, Jeremy Briggs ABSTAIN: David Alaniz

2. Approval of Minutes – Special Meeting – 12/12/2019
RESULT: ACCEPTED [4 TO 0]
MOVER: Jeremy Briggs, Commissioner
SECONDER: Tara Cesena, Commissioner
AYES: Edward A. Giroux, Tara Cesena, Jeffrey McConnell, Jeremy Briggs ABSTAIN: David Alaniz

3. Approval of Minutes – Regular Meeting – 02/20/2020
RESULT: ACCEPTED [4 TO 0]
MOVER: Jeremy Briggs, Commissioner
SECONDER: Tara Cesena, Commissioner
AYES: Edward A. Giroux, Tara Cesena, Jeffrey McConnell, Jeremy Briggs ABSTAIN: David Alaniz
B. ACTION ITEMS - NONE
None.

A.2
Packet Pg. 11
Minutes Acceptance: Minutes of May 21, 2020 6:30 PM (CONSENT CALENDAR) C.1.d
Packet Pg. 94
Attachment: Attachment 4 - 2020-05-21 Planning Commission_Minutes (GrandT-1 CUP 19-01 Revoke (Continued))

Minutes Grand Terrace Planning Commission/Site and Architectural Review Board May 21, 2020 City of Grand Terrace Page 4
C. PUBLIC HEARINGS

1. Zoning Code Amendment 20-01 and Specific Plan 20-01 to Amend Title 18 of the Grand Terrace Municipal Code and Barton Road Specific Plan to Regulate Uses Proposing Hours of Operation Any Time Between 11:00 P.M. and 6:00 A.M., and a Related Environmental Determination Pursuant to CEQA Regulation Section 15061(B)(3)
Haide Aguirre, Assistant Planner gave the PowerPoint presentation for this item.

Commissioner Cesena directed Staff to make sure that applicant is provided with the appeal process spelled out when filing an application for an Administrative CUP/CUP.

Staff confirmed that the City’s Municipal Code identifies and outlines the appeal period and process.

Chairman Giroux opened the public hearing at 7:19 p.m.

Chairman Giroux closed the public hearing at 7:20 p.m.

Staff would like to recommend a modification to the proposed Municipal Code and the Barton Road Specific Plan Amendments to include the following:
“Existing businesses permitted to operate prior to the effective date of the ordinance with operational hours between 11:00 p.m. and 6:00 a.m. are exempt from the ACUP/CUP review process prior to this Ordinance.” Commissioner Cesena moves to approve the resolution recommending adoption of the ordinance to the City Council with the requirement that the above stated language be included with the ordinance to the extent for both the specific plan amendment and code amendment and giving staff direction to make sure the language fits within the larger scheme of the proposed changes. 1) CONDUCT A PUBLIC HEARING, AND
2) ADOPT 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
A.2
Packet Pg. 12
Minutes Acceptance: Minutes of May 21, 2020 6:30 PM (CONSENT CALENDAR) C.1.d
Packet Pg. 95
Attachment: Attachment 4 - 2020-05-21 Planning Commission_Minutes (GrandT-1 CUP 19-01 Revoke (Continued))

Minutes Grand Terrace Planning Commission/Site and Architectural Review Board May 21, 2020 City of Grand Terrace Page 5

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.

RESULT: APPROVED [UNANIMOUS]
MOVER: Tara Cesena, Commissioner
SECONDER: Jeremy Briggs, Commissioner
AYES: Giroux, Cesena, McConnell, Briggs, Alaniz

2. Conditional Use Permit 19-01, Site and Architectural Review 19-03 and Environmental 19-05; a Proposal to Establish a Trailer/Container Storage Facility, Located 520 Feet from Vivienda Avenue and South of the Santa Ana River Tail (APN's: 0275-191-06 and 0275-191-30)
Chairman Giroux and Commissioner McConnell recused themselves from Agenda Item No. C.1 Conditional Use Permit 19-01, Site and Architectural Review 19-03 and Environmental 19-05.

Steve Weiss, Planning & Services Development Director gave the PowerPoint presentation for this item.

Vice-Chairman Briggs opened the public hearing at 8:52 p.m.

David Mlynarski, Transtech, provided a PowerPoint presentation on behalf of the Applicant and Property Owner, Grand Terrace I.

PUBLIC COMMENT
The following members of the public telephoned through Zoom to express their opposition to the project:

Mayor Pro Tem Isaac Suchil
Rita Schwartz
Isaac Steinline
Bobbie Forbes
William Mahany
Debra Thomas, City Clerk, stated for the record that a copy of each email received has been placed at the dais in front of each Planning Commissioner. The City received thirteen (13) emails from members of the public in opposition to the project as follows:

Bobbie Forbes
Rob Macias
William Mahaney
Catherine Guthrie
A.2
Packet Pg. 13
Minutes Acceptance: Minutes of May 21, 2020 6:30 PM (CONSENT CALENDAR) C.1.d
Packet Pg. 96
Attachment: Attachment 4 - 2020-05-21 Planning Commission_Minutes (GrandT-1 CUP 19-01 Revoke (Continued))

Minutes Grand Terrace Planning Commission/Site and Architectural Review Board May 21, 2020 City of Grand Terrace Page 6
Don Smith
Jennifer Katuls
Martha Macias
Juanita Odenbaugh
Javier Montano Sr.

Virginia Fernandez
Janese Makshanoff
John Odenbaugh
Jane Valencia
Bobbie Forbes
William Mahaney
Debra Thomas, City Clerk, stated for the record that a copy of each email received has been placed at the dais in front of each Planning Commissioner. The City received one (1) email from a member of the public in opposition to the project as follows:

Khanh Tran
Jeffrey McConnell, Grand Terrace expressed his opposition to the project.

Vice-Chairman Briggs closed the public hearing at 10:45 p.m.

Vice-Chairman Briggs moved, with a second from Commissioner Alaniz to continue the public hearing to June 18, 2020.
1) CONDUCT A PUBLIC HEARING; AND
2) CONSIDER ADOPTION OF A RESOLUTION OF THE PLANNING

COMMISSION/SITE AND ARCHITECTURAL REVIEW BOARD OF THE CITY

OF GRAND TERRACE, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION (ENVIRONMENTAL 19-05) PURSUANT TO THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND APPROVING CONDITIONAL USE PERMIT 19-01 AND SITE AND ARCHITECTURAL REVIEW 19-03 TO DEVELOP A TRAILER/CONTAINER STORAGE FACILITY FOR A MAXIMUM OF 650 PARKING SPACES FOR EMPTY SEMI-TRAILERS, SHIPPING AND STORAGE CONTAINERS, AND CHASSIS USE ON A 21.92- ACRE SITE (ASSESSOR’S PARCEL NUMBERS [APNS] 0275-191-06 AND 0275-191-30 IS CURRENTLY UNDEVELOPED AND IS LOCATED
APPROXIMATELY 520 FEET NORTH OF VIVIENDA AVENUE AND SOUTH

OF THE SANTA ANA RIVER TRAIL IN THE NORTHWESTERN PORTION OF

THE CITY
RESULT: CONTINUED Next: 6/18/2020 6:30 PM
A.2
Packet Pg. 14
Minutes Acceptance: Minutes of May 21, 2020 6:30 PM (CONSENT CALENDAR) C.1.d
Packet Pg. 97
Attachment: Attachment 4 - 2020-05-21 Planning Commission_Minutes (GrandT-1 CUP 19-01 Revoke (Continued))

Minutes Grand Terrace Planning Commission/Site and Architectural Review Board May 21, 2020 City of Grand Terrace Page 7
D. INFORMATION TO COMMISSIONERS
None.

E. INFORMATION FROM COMMISSIONERS
Vice-Chairman Briggs requested that the following return to the Planning Commission for discussion:
• Non-conforming grandfather clause and changes to the Municipal Code Vice-Chairman asked Alan French, Senior Civil Engineer if the parking lot striping at Richard Rollins park will be completed before organized sports activities.

Engineer French stated it will not happen before July 1, 2020 and will depend on when funding becomes available.

Commissioner McConnell requested that the following return to the Planning Commission for discussion:
• Educate the applicant and their options when they apply for a CUP, identify the process
• Information on the process for the Planning Commission to bring forward agenda items to the City Council.

Chairman Giroux requested more training for the Planning Commission as a whole and asked the Planning Commission if they would agree. He also requested that each Planning Commissioner return to the next meeting with a list of items each Commissioner would like to see staff coordinate training on for the Planning Commission. He also suggested that the Planning Commission participate in regional training that is held close to the area. Chairman Giroux asked if the Commissioners would like a copy of Planning Commission duties.

ADJOURN
Adjourn to the next scheduled meeting of the Site and Architectural Review Board/Planning Commission to be held on August 15, 2019 at 6:30 p.m.

A.2
Packet Pg. 15
Minutes Acceptance: Minutes of May 21, 2020 6:30 PM (CONSENT CALENDAR) C.1.d
Packet Pg. 98
Attachment: Attachment 4 - 2020-05-21 Planning Commission_Minutes (GrandT-1 CUP 19-01 Revoke (Continued))

CITY OF GRAND TERRACE

PLANNING COMMISSION/SITE AND ARCHITECTURAL REVIEW BOARD MINUTES ● JUNE 18, 2020
Council Chambers Regular Meeting 6:30 PM
Grand Terrace Civic Center ● 22795 Barton Road
City of Grand Terrace Page 1

CALL TO ORDER
Debra Thomas, City Clerk convened the Regular Meeting of the Planning Commission/Site and Architectural Review Board for Thursday, June 18, 2020 at 6:30 p.m.

PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Commissioner Tara Ceseña.

Attendee Name Title Status Arrived
Edward A. Giroux Chairman Absent
Jeremy Briggs Vice-Chairman Absent
Tara Ceseña Commissioner Present
Jeffrey McConnell Commissioner Present
David Alaniz Commissioner Present
Steven Weiss Planning & Development Services Director Present Robert Khuu Assistant City Attorney Present
Haide Aguirre Assistant Planner Present
Debra Thomas City Clerk Present
Robert Khuu, Assistant City Attorney explained to the Planning Commission that due to the absence of Chairman Ed Giroux and Vice-Chairman Jeremy Briggs, it will need to select a temporary Acting Chair for the June 18, 2020 Planning Commission meeting.

Commissioner Jeffrey McConnell moved, with a second from Commissioner David Alaniz, to select Commissioner Tara Ceseña as Acting Chair.

RESULT: ADOPTED [UNANIMOUS]
MOVER: Jeffrey McConnell, Commissioner
SECONDER: David Alaniz, Commissioner
AYES: Tara Ceseña, Jeffrey McConnell, David Alaniz
ABSENT: Edward A. Giroux, Jeremy Briggs
A.3
Packet Pg. 16
Minutes Acceptance: Minutes of Jun 18, 2020 6:30 PM (CONSENT CALENDAR) C.1.e
Packet Pg. 99
Attachment: Attachment 5 -2020-06-18 Planning Commission_Minutes (GrandT-1 CUP 19-01 Revoke (Continued))

Minutes Grand Terrace Planning Commission/Site and Architectural Review Board June 18, 2020 City of Grand Terrace Page 2

APPROVAL OF AGENDA

1. Motion: Motion: June 18, 2020 Approval of Agenda
RESULT: ADOPTED [UNANIMOUS]
MOVER: Jeffrey McConnell, Commissioner
SECONDER: David Alaniz, Commissioner
AYES: Tara Ceseña, Jeffrey McConnell, David Alaniz
ABSENT: Edward A. Giroux, Jeremy Briggs

PUBLIC ADDRESS
David Mlynarski, asked what options are available to an applicant who has followed all of the rules, filed applications, has been working with staff in a very cooperative manner, agreeing to expansion of notification radiuses and other public hearing type requests, in order to make hearings as broad ranging and as fair as possible. What does an applicant do when all they are seeking is an expeditious processing of its application? It appears the body is having difficulty in bringing an item forward. Mr. Mlynarski asked the City to get back to him and let him know if the body is unable to hold an expeditious hearing, and what options does an applicant have in order to do so.

Bobbie Forbes, Grand Terrace asked everyone in the Council Chamber to use whatever power they have to help with the illegal fireworks in town. She asked the community to send emails, contact the sheriff’s department, get addresses, send messages, make phone calls to the non-emergency number to the sheriff’s department, and send an email to the City Clerk if an address is obtained. It is out of control this year and is only going to get worse in the next three weeks.

Juanita Umbaugh, Grand Terrace appreciates the Planning Commission’s hard work on behalf of the community to bring in new business. She also thanked it for notifying the community and making all of its letters appropriate during this very difficult time. She appreciates the Planning Commission not rushing its decisions, taking its time, and making sure new business is right for the City.

A.3
Packet Pg. 17
Minutes Acceptance: Minutes of Jun 18, 2020 6:30 PM (CONSENT CALENDAR) C.1.e
Packet Pg. 100 Attachment: Attachment 5 -2020-06-18 Planning Commission_Minutes (GrandT-1 CUP 19-01 Revoke (Continued))

Minutes Grand Terrace Planning Commission/Site and Architectural Review Board June 18, 2020 City of Grand Terrace Page 3
A. CONSENT CALENDAR

2. Approval of Minutes – Regular Meeting – 05/21/2020
Robert Khuu, Assistant City Attorney conveyed that staff would like the Consent Calendar continued to a meeting when there is a full Commission available to have input.

Commissioner McConnell moved, with a second from Commissioner Alaniz to continue the Consent Calendar to the next scheduled Planning Commission meeting.

RESULT: ADOPTED [UNANIMOUS]
MOVER: Jeffrey McConnell, Commissioner
SECONDER: David Alaniz, Commissioner
AYES: Tara Ceseña, Jeffrey McConnell, David Alaniz
ABSENT: Edward A. Giroux, Jeremy Briggs
B. ACTION ITEMS
None.

C. PUBLIC HEARINGS

1. Conditional Use Permit 19-01, Site and Architectural Review 19-03 and Environmental 19-05; a Proposal to Establish a Trailer/Container Storage Facility, Located 520 Feet from Vivienda Avenue and South of the Santa Ana River Tail (APN's: 0275-191-06 and 0275-191-30) (Continued from 5-21-2020)
Due to lack of a quorum, this public hearing did not move forward.

RESULT: NO ACTION TAKEN
D. PRESENTATIONS
Non-Conforming Uses and Buildings Update Presented by Haide Aguirre, Assistant Planner
Steve Weiss, Planning & Development Services Director explained that this item was requested by the entirety of the Planning Commission. As two (2) members are absent, staff requested that the item be continued.

A.3
Packet Pg. 18
Minutes Acceptance: Minutes of Jun 18, 2020 6:30 PM (CONSENT CALENDAR) C.1.e
Packet Pg. 101 Attachment: Attachment 5 -2020-06-18 Planning Commission_Minutes (GrandT-1 CUP 19-01 Revoke (Continued))

Minutes Grand Terrace Planning Commission/Site and Architectural Review Board June 18, 2020 City of Grand Terrace Page 4
Commissioner Alaniz moved, with a second from Commissioner McConnell to move the presentation to the next scheduled Planning Commission meeting.

RESULT: ADOPTED [UNANIMOUS]
MOVER: Jeffrey McConnell, Commissioner
SECONDER: David Alaniz, Commissioner
AYES: Tara Ceseña, Jeffrey McConnell, David Alaniz
ABSENT: Edward A. Giroux, Jeremy Briggs
E. INFORMATION TO COMMISSIONERS
None.

F. INFORMATION FROM COMMISSIONERS
Commissioner McConnell requested a status on Chair Giroux’s health.

Commissioner Alaniz thanked the residents who came out and apologized that they were not able to hear Agenda Item C.1.

Acting Chair Ceseña also thanked the residents who came out to hear Agenda Item C.1.

Assistant City Attorney Khuu explained to the residents that due to the lack of a quorum because Commissioner McConnell has a conflict of interest on Agenda Item C.1, there would only be two (2) commissioners that could act on the item tonight.

ADJOURN
Adjourn to the next scheduled meeting of the Planning Commission/Site and Architectural Review Board to be held on July 9, 2020 at 6:30 p.m. _________________________________
Tara Ceseña, Acting Chair
_________________________________
Debra L. Thomas, City Clerk
A.3
Packet Pg. 19
Minutes Acceptance: Minutes of Jun 18, 2020 6:30 PM (CONSENT CALENDAR) C.1.e
Packet Pg. 102 Attachment: Attachment 5 -2020-06-18 Planning Commission_Minutes (GrandT-1 CUP 19-01 Revoke (Continued))

CITY OF GRAND TERRACE

PLANNING COMMISSION/SITE AND ARCHITECTURAL REVIEW BOARD MINUTES ● JULY 16, 2020
Council Chambers Regular Meeting 6:30 PM
Grand Terrace Civic Center ● 22795 Barton Road
City of Grand Terrace Page 1

CALL TO ORDER
Chairman Edward Giroux convened the Regular Meeting of the Planning Commission and Site and Architectural Review Board at 6:45 p.m.

PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Commissioner Jeffrey McConnell.

Attendee Name Title Status Arrived
Edward A. Giroux Chairman Remote
Jeremy Briggs Vice-Chairman Present
Tara Ceseña Commissioner Present
Jeffrey McConnell Commissioner Present
David Alaniz Commissioner Present
Steven Weiss Planning & Development Services Director Present Robert Khuu Assistant City Attorney Present
Haide Aguirre Assistant Planner Present
Debra Thomas City Clerk Present

APPROVAL OF AGENDA

1. Motion: July 14, 2020 Approval of Agenda
RESULT: ADOPTED [UNANIMOUS]
MOVER: Jeremy Briggs, Vice-Chairman
SECONDER: David Alaniz, Commissioner
AYES: Giroux, Briggs, Ceseña, McConnell, Alaniz

PUBLIC ADDRESS
None.

C.1.f
Packet Pg. 103 Attachment: Attachment 6 - 2020-07-16 Planning Commission_Minutes (GrandT-1 CUP 19-01 Revoke (Continued))

Minutes Grand Terrace Planning Commission/Site and Architectural Review Board July 16, 2020 City of Grand Terrace Page 2
A. CONSENT CALENDAR

2. Approval of Minutes – Regular Meeting – 05/21/2020
RESULT: ACCEPTED [UNANIMOUS]
MOVER: Tara Ceseña, Commissioner
SECONDER: Jeremy Briggs, Vice-Chairman
AYES: Giroux, Briggs, Ceseña, McConnell, Alaniz

3. Approval of Minutes – Regular Meeting – 06/18/2020
RESULT: ACCEPTED [UNANIMOUS]
MOVER: Tara Ceseña, Commissioner
SECONDER: David Alaniz, Commissioner
AYES: Giroux, Briggs, Ceseña, McConnell, Alaniz
B. ACTION ITEMS
None.

C. PUBLIC HEARINGS

1. Conditional Use Permit 19-01, Site and Architectural Review 19-03 and Environmental 19-05; a Proposal to Establish a Trailer/Container Storage Facility, Located 520 Feet from Vivienda Avenue and South of the Santa Ana River Tail (APN's: 0275-191-06 and 0275-191-30) (Continued from 5-21-2020 and 6-18-2020)
Steven Weiss, Planning & Development Services Director gave the Power Point presentation and matrix for this item.

Click Here for Power Point Presentation
Carl Winter, LSA Associates, Environmental Consultant gave the Power Point presentation for this item on environmental review.

Click Her for Power Point Presentation
Vice-Chair Briggs opened the public hearing at 8:10 p.m.

David Mlynarski, Transtech representing the Applicant Patrick O’Brien stated that the parties approve and agree to the stated conditions of approval as amended and those other issues that were raised in the environmental documents.

C.1.f
Packet Pg. 104 Attachment: Attachment 6 - 2020-07-16 Planning Commission_Minutes (GrandT-1 CUP 19-01 Revoke (Continued))

Minutes Grand Terrace Planning Commission/Site and Architectural Review Board July 16, 2020 City of Grand Terrace Page 3

PUBLIC COMMENT
The following members of the public, who physically and telephonically attended the Planning Commission meeting, oppose the project:

Janese Makshanoff
Juanita Odenbaugh
William Mahaney
Bobbie Forbes
Shawna Simon
Christina Lopez
Jeffrey McConnell
Isaac Suchil
The following members of the public submitted written communication in support of the project:

Gresham Savage
Christina Lopez (supports the landscape enhancement exhibit for the Grand Terrace Fleet Management Facility)
Scot Mathis
Lee Deierling, VP
The following members of the public submitted written communication in opposition of the project:

Chuck Hornsby
Anne Wade-Hornsby
Lori Hawkins
Ryder Kowal
Louis Sculuca
Jennifer Katuls
Leslie Wright
John Howard
Donald Kluge
Harry Roussos
Carolyn Crowe
Adele Lara
Tracy Ortloff
Johan Gallo
Pat Flores
Susan Grooms
Anita Rosas
Lisa Wadley
Ms. Guthrie
C.1.f
Packet Pg. 105 Attachment: Attachment 6 - 2020-07-16 Planning Commission_Minutes (GrandT-1 CUP 19-01 Revoke (Continued))

Minutes Grand Terrace Planning Commission/Site and Architectural Review Board July 16, 2020 City of Grand Terrace Page 4
Mr. Mlynarski stated that all Applicant wants is the opportunity to be heard and for the item to be considered under all the rules and regulations. Applicant has adequately addressed all of the concerns conveyed from the public. This project presents an opportunity for the area to get some upgrades, improvements, regulations, and ongoing maintenance in addition to community enhancements. That is the intent, that is the goal; and Applicant believes it is a reasonable project for a difficult piece of property.

Vice-Chair Briggs closed the public hearing at 9:22 p.m.

Commissioner Ceseña moved to approve:

A RESOLUTION OF THE PLANNING COMMISSION/SITE AND ARCHITECTURAL

REVIEW BOARD OF THE CITY OF GRAND TERRACE, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION (ENVIRONMENTAL 19-05) PURSUANT TO

THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND APPROVING CONDITIONAL USE PERMIT 19-01 AND SITE AND ARCHITECTURAL REVIEW 19- 03 TO DEVELOP A TRAILER/CONTAINER STORAGE FACILITY FOR A MAXIMUM OF 650 PARKING SPACES FOR EMPTY SEMI-TRAILERS, SHIPPING AND STORAGE CONTAINERS, AND CHASSIS USE ON A 21.92-ACRE SITE (ASSESSOR’S PARCEL NUMBERS [APNs] 0275-191-06 AND 0275-191-30 IS CURRENTLY UNDEVELOPED AND IS LOCATED APPROXIMATELY 520 FEET

NORTH OF VIVIENDA AVENUE AND SOUTH OF THE SANTA ANA RIVER TRAIL IN

THE NORTHWESTERN PORTION OF THE CITY
with the following conditions:

Hours of Operation be moved to 7:00 a.m.

Vice-Chair Briggs moved with a substitute motion to approve:

A RESOLUTION OF THE PLANNING COMMISSION/SITE AND ARCHITECTURAL

REVIEW BOARD OF THE CITY OF GRAND TERRACE, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION (ENVIRONMENTAL 19-05) PURSUANT TO

THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND APPROVING CONDITIONAL USE PERMIT 19-01 AND SITE AND ARCHITECTURAL REVIEW 19- 03 TO DEVELOP A TRAILER/CONTAINER STORAGE FACILITY FOR A MAXIMUM OF 650 PARKING SPACES FOR EMPTY SEMI-TRAILERS, SHIPPING AND STORAGE CONTAINERS, AND CHASSIS USE ON A 21.92-ACRE SITE (ASSESSOR’S PARCEL NUMBERS [APNs] 0275-191-06 AND 0275-191-30 IS CURRENTLY UNDEVELOPED AND IS LOCATED APPROXIMATELY 520 FEET

NORTH OF VIVIENDA AVENUE AND SOUTH OF THE SANTA ANA RIVER TRAIL IN

THE NORTHWESTERN PORTION OF THE CITY
with the following conditions:
• A 10 foot block wall around the project
C.1.f
Packet Pg. 106 Attachment: Attachment 6 - 2020-07-16 Planning Commission_Minutes (GrandT-1 CUP 19-01 Revoke (Continued))

Minutes Grand Terrace Planning Commission/Site and Architectural Review Board July 16, 2020 City of Grand Terrace Page 5
• Forty-eight inch box evergreen trees, eight foot apart to grow at least 40 feet in height along the inside of the east, south and west walls to block visual and sound absorption and continue to put vines on the walls • Operation hours will be from 8:00 a.m. to 5:00 p.m., Monday thru Friday, no weekends, or holidays
• No sound, only flashing lights from yard goats
• Only electric or natural gas emission vehicles
• Widen all of the following streets to the Caltrans traffic manual including curb, gutter and four foot wide sidewalks to put all power poles underground in the neighborhood as follows:
o On Grand Terrace Road from Barton Road to Vivienda Avenue, sidewalks on both west side and east side of the road
o Vivienda Avenue from Grand Terrace Road to the UP Railroad bridge sidewalks to be on the north side
o Vivienda Avenue from the UP Railroad bridge to Terrace Avenue sidewalks to be on the south side
o Burns Avenue from Vivienda Avenue to Walnut Avenue sidewalks to be on the west side
o Walnut Avenue from Burns Avenue to Terrace Avenue sidewalks to be on the north side
o Maple Avenue from Walnut Avenue to Vivienda Avenue sidewalks to be on the east side
o Terrace Avenue from Walnut Avenue to the proposed trailhead four-lane highway with sidewalks on the east side with bike lanes on the east and west side of Terrace
• Build a parking area for ten vehicles including one handicap space for the trailhead to the Santa Ana River Trail
• Build a permanent bathroom next to the Santa Ana River Trailhead and connect to the sewers
• $75,000 a year for City road repair maintenance account dedicated to the northwest quadrant of the City. This covenant runs with the property as long as they are in operations
• $60,000 to each property owner with property facing the aforementioned streets for property devaluation
• Sign and record an open easement for the portion of the applicant’s land from the applicant’s south property line running east and west, then 20 feet to the north along the old railroad access road favorable to all parties including the public to use your portion of the railroad access road but no dedication • Include in the agreement to maintain your portion of the gravel road with adjoining neighbors equally
• Maintain all the applicant’s natural landscape; weeds regularly to no more than a height of six inches
• Major road reclaiming improvements to be installed at Grand Terrace Road and Barton Road
• Build a permanent in the ground handicap bathroom next to the community gardens to be connected to the sewers
C.1.f
Packet Pg. 107 Attachment: Attachment 6 - 2020-07-16 Planning Commission_Minutes (GrandT-1 CUP 19-01 Revoke (Continued))

Minutes Grand Terrace Planning Commission/Site and Architectural Review Board July 16, 2020 City of Grand Terrace Page 6
• Build parking area for ten vehicles including one handicap space for the community gardens
• Pay for the Grand Terrace share of the upgrade of the Barton Road bridge for all improvements
• Construction hours: Conditions work only from sunrise to sunset • No beeping of construction equipment
• Would like to see a community meeting for the design of the garden before the community benefit agreement goes in front of the Council, more of a workshop • Two access points to this location; add condition to have one point for entry and one point for the exit
• No five axle trucks.
• Make sure all brokers understand no 5 axle trucks on terrace; only day cabs need to be allowed
• Operational plan will need to come back to the Planning Commission • A lot of questions referred to the operations plan need to have final approval from the Planning Commission
• Cover the cost of the upkeep of the community garden
• Perimeter wall and vines need to be put up first before any of the work to be done
• City portal to be a part of the quarterly review
• Zero tolerance for any trucks on residential streets
• No eminent domain for public works improvements
• Applicant must deal with all property owners
• The pavement centerline Terrace Avenue continue the project as long as in business
The substitute motion died for lack of a second
Commissioner David Alaniz would like to make a friendly amendment to Commissioner Ceseña’s motion to approve the project by adding Operating Hours from 7:00 a.m. to 8:00 p.m. and zero tolerance of trucks from this project on any road besides Terrace Avenue.

Commissioner Ceseña moved, with a second from Commissioner Alaniz, to approve:

A RESOLUTION OF THE PLANNING COMMISSION/SITE AND ARCHITECTURAL

REVIEW BOARD OF THE CITY OF GRAND TERRACE, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION (ENVIRONMENTAL 19-05) PURSUANT TO

THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND APPROVING CONDITIONAL USE PERMIT 19-01 AND SITE AND ARCHITECTURAL REVIEW 19- 03 TO DEVELOP A TRAILER/CONTAINER STORAGE FACILITY FOR A MAXIMUM OF 650 PARKING SPACES FOR EMPTY SEMI-TRAILERS, SHIPPING AND STORAGE CONTAINERS, AND CHASSIS USE ON A 21.92-ACRE SITE (ASSESSOR’S PARCEL NUMBERS [APNs] 0275-191-06 AND 0275-191-30 IS CURRENTLY UNDEVELOPED AND IS LOCATED APPROXIMATELY 520 FEET C.1.f
Packet Pg. 108 Attachment: Attachment 6 - 2020-07-16 Planning Commission_Minutes (GrandT-1 CUP 19-01 Revoke (Continued))

Minutes Grand Terrace Planning Commission/Site and Architectural Review Board July 16, 2020 City of Grand Terrace Page 7

NORTH OF VIVIENDA AVENUE AND SOUTH OF THE SANTA ANA RIVER TRAIL IN

THE NORTHWESTERN PORTION OF THE CITY
with the following amended conditions:
• Hours of Operation: 7:00 a.m. to 8:00 p.m.
• Zero Tolerance for truck traffic into the neighborhood areas related to this project.

RESULT: APPROVED [2 TO 1]
MOVER: Tara Ceseña, Commissioner
SECONDER: David Alaniz, Commissioner
AYES: Tara Ceseña, David Alaniz
NAYS: Jeremy Briggs
RECUSED: Edward A. Giroux, Jeffrey McConnell
Vice-Chair Briggs recessed the Regular Meeting of the Planning Commission at 9:36 p.m.

Chairman Giroux reconvened the Regular Meeting of the Planning Commission at 9:41 p.m.

D. PRESENTATIONS

1. Presentation Regarding Nonconforming Use & Building Regulations in the Grand Terrace Municipal Code, and Nonconforming Uses & Buildings in Grand Terrace Haide Aguirre, Assistant Planner gave the Power Point presentation for this item.

Click Here for Power Point Presentation
RECEIVE AND FILE.

RESULT: NO ACTION TAKEN
E. INFORMATION TO COMMISSIONERS
Steve Weiss, Planning & Development Services Director informed the Planning Commission that staff is looking to update its zoning for accessory dwelling units.

Staff will be returning to the Planning Commission with a presentation and workshop on Vehicle Miles Traveled.

C.1.f
Packet Pg. 109 Attachment: Attachment 6 - 2020-07-16 Planning Commission_Minutes (GrandT-1 CUP 19-01 Revoke (Continued))

CITY OF GRAND TERRACE

CITY COUNCIL
MINUTES ● AUGUST 25, 2020
Council Chambers Regular Meeting 6:00 PM
Grand Terrace Civic Center ● 22795 Barton Road
City of Grand Terrace Page 1

CALL TO ORDER
Mayor Darcy McNaboe convened the Regular Meeting of the City Council for Tuesday, August 25, 2020 at 6:00 p.m.

PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor McNaboe.

Attendee Name Title Status Arrived
Darcy McNaboe Mayor Present
Doug Wilson Mayor Pro Tem Remote
Sylvia Robles Council Member Present
Bill Hussey Council Member Present
Jeff Allen Council Member Present
G. Harold Duffey City Manager Present
Adrian Guerra City Attorney Present
Debra Thomas City Clerk Present
Steven Weiss Planning & Development Services Director Present Craig Bradshaw Interim Public Works Director Remote
Cynthia A. Fortune Assistant City Manager Absent
A. SPECIAL PRESENTATIONS
FP-5 – Measure U (Fire District Funding PowerPoint) presented by San Bernardino County Fire Chief/Fire Warden, Daniel R. Munsey.

PUBLIC COMMENT
The following individuals spoke on their opposition to FP-5:

Natalie Zuk
Chad Keel
Angel Hernandez
Alvaro Valenzuela
C.1.g
Packet Pg. 110 Attachment: Attachment 7 - 2020-08-25 City Council_Minutes (GrandT-1 CUP 19-01 Revoke (Continued))

Minutes Grand Terrace City Council August 25, 2020
City of Grand Terrace Page 2
B. REORDERING OF, ADDITIONS TO, OR REMOVAL OF ITEMS FROM THE AGENDA Mayor McNaboe requested that Council Communications be moved to the end of the agenda, right before City Manager Communications.

C. CONSENT CALENDAR
RESULT: APPROVED [UNANIMOUS]
MOVER: Jeff Allen, Council Member
SECONDER: Bill Hussey, Council Member
AYES: McNaboe, Wilson, Robles, Hussey, Allen

1. Waive Full Reading of Ordinances on Agenda

2. Approval of Minutes – Special Meeting Workshop – 08/06/2020 APPROVE SPECIAL MEETING WORKSHOP MINUTES FOR AUGUST 6, 2020

4. City Department Monthly Activity Report - June 2020
RECEIVE AND FILE.

5. Update on Emergency Rehabilitation of Grand Terrace Road, North of Newport Avenue

RECEIVE AND FILE AN UPDATE ON THE EMERGENCY THAT WAS DECLARED

FOR THE GRAND TERRACE ROAD REHABILITATION PROJECT
Agenda Item No. C.3 Pulled for Discussion

3. Approval of Minutes – Regular Meeting – 08/11/2020
Agenda Item No. C.3 was pulled by Debra Thomas, City Clerk. The minutes erroneously documents Mayor Pro Tem Wilson approving the Emergency Rehabilitation of Grand Terrace Road, North of Newport Avenue Project when he actually voted no.

This item will be brought back to City Council at its Regular Meeting of September 8, 2020.

D. PUBLIC COMMENT
Bobbie Forbes, Grand Terrace expressed her concern with the increased homeless population she has noticed in the City, west of the freeway and wanted to notify the San Bernardino County Sheriff of this increase.

C.1.g
Packet Pg. 111 Attachment: Attachment 7 - 2020-08-25 City Council_Minutes (GrandT-1 CUP 19-01 Revoke (Continued))

Minutes Grand Terrace City Council August 25, 2020
City of Grand Terrace Page 3
E. PUBLIC HEARINGS

6. Appeal Hearing of Conditional Use Permit 19-01, Site and Architectural Review 19-03 and Environmental 19-05 Requesting Approval to Develop a Trailer/Container Storage Facility, Providing a Maximum of 650 Parking Spaces for Semi-Trailers, Shipping and Storage Containers, and Chassis, on an Approximately 21.92-Acre Site Located Approximately 520 Feet North of Vivienda Avenue and South of the Santa Ana River Trail in the Northwestern Portion of the City (Assessor's Parcel Nos. 0275-191-06 & 0275-191-30)
Steve Weiss, Planning & Development Services Director gave the PowerPoint presentation for this item.

Carl Winter, LSA Associates, Environmental Consultant gave the PowerPoint presentation for this item on environmental review.

WRITTEN COMMENTS
The following members of the public submitted written comments opposing the project as follows:

Krisztina Lindsley
Daryl Bruhl
Kelli Bruhl
Lori Hawkins
Jody Barnett
Janet Howard
John Howard
Leslie Wright
Fred Wright
Sue Clendenen
Terry Santos
Mr. Noel Trujillo
Mrs. Noel Trujillo
Jennifer Herkner
Susan Grooms
Donald Kluge
The following member of the public submitted a written comment expressing her personal view regarding the project:

Juanita Odenbaugh
Mayor McNaboe opened the Public Hearing at 8:16 p.m.

C.1.g
Packet Pg. 112 Attachment: Attachment 7 - 2020-08-25 City Council_Minutes (GrandT-1 CUP 19-01 Revoke (Continued))

Minutes Grand Terrace City Council August 25, 2020
City of Grand Terrace Page 4
Janese Makshanoff, Appellant spoke in opposition of the project.

David Mlynarski, Transtech representing the Applicant, Patrick O’Brien spoke in favor of the project.

PUBLIC COMMENT
The following members of the public, physically present, oppose the project as follows:

Rita Schwark
Ken Stewart
Edward Giroux
Harry Roussos
Jeffrey McConnell
Shawna Simon
Bobbie Forbes
Janese Makshanoff, Appellant spoke in opposition of the project David Mlynarski, Transtech representing the Applicant, Patrick O’Brien spoke in favor of the project.

Mayor McNaboe closed the Public Hearing at 9:00 p.m.

UPHOLD THE PLANNING COMMISSION’S APPROVAL OF THE PROJECT AND APPROVE THE PROJECT BY ADOPTING A RESOLUTION ENTITLED “A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE UPHOLDING THE PLANNING COMMISSION’S APPROVAL OF CONDITIONAL USE PERMIT 19-01 AND SITE AND ARCHITECTURAL REVIEW 19-03, AND A RELATED MITIGATED NEGATIVE DECLARATION (ENVIRONMENTAL 19-05); AND

APPROVING AND ADOPTING THE MITIGATED NEGATIVE DECLARATION (ENVIRONMENTAL 19-05) PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), CONDITIONAL USE PERMIT 19-01, AND SITE AND ARCHITECTURAL REVIEW 19-03 TO DEVELOP A TRAILER/CONTAINER STORAGE FACILITY WITH A MAXIMUM OF 650 PARKING SPACES FOR EMPTY

SEMI-TRAILERS, SHIPPING AND STORAGE CONTAINERS, AND CHASSIS USE ON AN APPROXIMATELY 21.92-ACRE SITE (ASSESSOR’S PARCEL NOS. 0275- 191-06 AND 0275-191-30) WHICH IS CURRENTLY UNDEVELOPED AND LOCATED APPROXIMATELY 520 FEET NORTH OF VIVIENDA AVENUE AND SOUTH OF THE

SANTA ANA RIVER TRAIL IN THE NORTHWESTERN PORTION OF THE CITY C.1.g
Packet Pg. 113 Attachment: Attachment 7 - 2020-08-25 City Council_Minutes (GrandT-1 CUP 19-01 Revoke (Continued))

Minutes Grand Terrace City Council August 25, 2020
City of Grand Terrace Page 5
RESULT: APPROVED [3 TO 2]
MOVER: Bill Hussey, Council Member
SECONDER: Doug Wilson, Mayor Pro Tem
AYES: Darcy McNaboe, Doug Wilson, Jeff Allen
NAYS: Sylvia Robles, Bill Hussey
Mayor McNaboe recessed the Regular Meeting of the City Council at 9:17 p.m.

Mayor McNaboe reconvened the Regular Meeting of the City Council at 9:22 p.m.

F. UNFINISHED BUSINESS

7. Follow-Up on Michigan Street Update
Tom Bertulis, KTUA gave the PowerPoint presentation for this item.

RECEIVE DESIGN INFORMATION AS A PROGRESS UPDATE
RESULT: APPROVED [UNANIMOUS]
MOVER: Darcy McNaboe, Mayor
SECONDER: Doug Wilson, Mayor Pro Tem
AYES: McNaboe, Wilson, Robles, Hussey, Allen
G. NEW BUSINESS

8. Selection of Voting Delegates for the California League of Cities Virtual 2020 Annual Conference
Debra Thomas, City Clerk gave the staff report for this item.

ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND

TERRACE, CALIFORNIA, APPOINTING DELEGATES AND ALTERNATES TO THE 2020 LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE AS OFFICIAL

REPRESENTATIVES OF THE CITY OF GRAND TERRACE
RESULT: APPROVED [UNANIMOUS]
MOVER: Jeff Allen, Council Member
SECONDER: Doug Wilson, Mayor Pro Tem
AYES: McNaboe, Wilson, Robles, Hussey, Allen
H. REQUESTS FOR FUTURE AGENDA ITEMS BY CITY COUNCIL - NONE C.1.g
Packet Pg. 114 Attachment: Attachment 7 - 2020-08-25 City Council_Minutes (GrandT-1 CUP 19-01 Revoke (Continued))

Minutes Grand Terrace City Council August 25, 2020
City of Grand Terrace Page 6
I. CITY COUNCIL COMMUNICATIONS
Council Member Jeff Allen
Nothing to Report.

Council Member Bill Hussey
Nothing to Report.

Council Member Sylvia Robles
Nothing to Report.

Mayor Pro Tem Doug Wilson
Nothing to Report.

Mayor Darcy McNaboe
Nothing to Report.

J. CITY MANAGER COMMUNICATIONS
None.

K. RECESS TO CLOSED SESSION
Mayor McNaboe recessed the Regular Meeting of the City Council at 9:49 p.m.

CLOSED SESSION

1. CONFERENCE WITH LABOR NEGOTIATORS, pursuant to Government Code Section 54957.6
Agency Designated Representatives: G. Harold Duffey, City Manager Cynthia Fortune, Assistant City Manager
Adrian R. Guerra, City Attorney
Colin Tanner, Deputy City Attorney
Employee Organization: Teamsters Local 1932

2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS, pursuant to Government Code Section 54956.8
Properties: 22317 Barton Road, APN 1167-231-01
22273 Barton Road, APN 1167-231-02
22293 Barton Road, APN 1167-311-01
City Negotiators: G. Harold Duffey City Manager
Adrian Guerra, City Attorney
Negotiating Parties: Greens Group, Inc.

Under Negotiation: Terms of Payment
C.1.g
Packet Pg. 115 Attachment: Attachment 7 - 2020-08-25 City Council_Minutes (GrandT-1 CUP 19-01 Revoke (Continued))

BA20230524007
Entity Details
Limited Liability Company Name GRANDT-1, LLC
Entity No. 201734510231
Formed In CALIFORNIA
Street Address of Principal Office of LLC
Principal Address 1040 S MOUNT VERNON AVE STE G285
COLTON, CA 92324-4228
Mailing Address of LLC
Mailing Address 1040 S MOUNT VERNON AVE STE G285
COLTON, CA 92324-4228
Attention
Street Address of California Office of LLC
Street Address of California Office 1040 S MOUNT VERNON AVE STE G285 COLTON, CA 92324-4228
Manager(s) or Member(s)
Manager or Member Name Manager or Member Address
Perry Storage LLC 1040 S Mount Vernon Ave Ste G285
Colton, CA 92324-4228
+ O'BRIEN LAND & LIVESTOCK, LLC 1040 SOUTH MOUNT VERNON G285
COLTON, CA 92324
+ GRATERRA, LLC 1040 SOUTH MOUNT VERNON
G285
COLTON, CA 92324
Agent for Service of Process
Agent Name ROBERT MORRIS
Agent Address 1200 CALIFORNIA STREET
260
REDLANDS, CA 92374
Type of Business
Type of Business PROPERTY MANAGEMENT
Email Notifications
Opt-in Email Notifications No, I do NOT want to receive entity notifications via email. I prefer notifications by USPS mail.

Chief Executive Officer (CEO)
CEO Name CEO Address
Labor Judgment
No Manager or Member, as further defined by California Corporations Code section 17702.09(a)(8), has an outstanding final judgment issued by the Division of Labor Standards Enforcement or a court of law, for which no appeal is pending, for the violation of any wage order or provision of the Labor Code.

STATE OF CALIFORNIA
Office of the Secretary of State

STATEMENT OF INFORMATION

LIMITED LIABILITY COMPANY
California Secretary of State
1500 11th Street
Sacramento, California 95814
(916) 653-3516
B1628-1401 03/28/2023 11:12 AM Received by California Secretary of State

For Office Use Only
-FILEDFile No.: BA20230524007
Date Filed: 3/28/2023
C.1.h
Packet Pg. 116 Attachment: Attachment 8 - GrandT-1, LLC - Statement of Information 2023 (GrandT-1 CUP 19-01 Revoke (Continued))

Electronic Signature
By signing, I affirm under penalty of perjury that the information herein is true and correct and that I am authorized by California law to sign.

Robert William Morris
Signature
03/28/2023
Date
B1628-1402 03/28/2023 11:12 AM Received by California Secretary of State

C.1.h
Packet Pg. 117 Attachment: Attachment 8 - GrandT-1, LLC - Statement of Information 2023 (GrandT-1 CUP 19-01 Revoke (Continued))

BA20221221819
Entity Details
Limited Liability Company Name TSG FLEET SERVICES, LLC
Entity No. 201503610280
Formed In CALIFORNIA
Street Address of Principal Office of LLC
Principal Address 10787 B MULBERRY AVE
FONTANA, CA 92337
Mailing Address of LLC
Mailing Address 10787 B MULBERRY AVE
FONTANA, CA 92337
Attention
Street Address of California Office of LLC
Street Address of California Office 10787 B MULBERRY AVE FONTANA, CA 92337
Manager(s) or Member(s)
Manager or Member Name Manager or Member Address
Trace Haggard 10787 B MULBERRY AVE
FONTANA, CA 92337
Agent for Service of Process
Agent Name Aaron C. Watts
Agent Address 9900 RESEARCH DR
IRVINE, CA 92618
Type of Business
Type of Business FLEET SERVICES
Email Notifications
Opt-in Email Notifications Yes, I opt-in to receive entity notifications via email.

Chief Executive Officer (CEO)
CEO Name CEO Address
None Entered
Labor Judgment
No Manager or Member of this Limited Liability Company has an outstanding final judgment issued by the Division of Labor Standards Enforcement or a court of law, for which no appeal therefrom is pending, for the violation of any wage order or provision of the Labor Code.

STATE OF CALIFORNIA
Office of the Secretary of State

STATEMENT OF INFORMATION

LIMITED LIABILITY COMPANY
California Secretary of State
1500 11th Street
Sacramento, California 95814
(916) 653-3516
B1304-8948 12/08/2022 10:07 AM Received by California Secretary of State

For Office Use Only
-FILEDFile No.: BA20221221819
Date Filed: 12/8/2022
C.1.i
Packet Pg. 118 Attachment: Attachment 9 - TSG Fleet - B1304-8948 (GrandT-1 CUP 19-01 Revoke (Continued))

Electronic Signature
By signing, I affirm under penalty of perjury that the information herein is true and correct and that I am authorized by California law to sign.

Aaron C. Watts
Signature
12/08/2022
Date
B1304-8949 12/08/2022 10:07 AM Received by California Secretary of State

C.1.i
Packet Pg. 119 Attachment: Attachment 9 - TSG Fleet - B1304-8948 (GrandT-1 CUP 19-01 Revoke (Continued))

Grand Terrace, CA Municipal Code 6/10/24, 6:48 AM
about:blank Page 1 of 1
A.

B.

18.83.080 - Revocation.

Any conditional use permit granted in accordance with this Title may be revoked if any of the following actions occur:

Any violation of a conditional use permit's required condition of approval; Any Federal, State or local law or ordinance is violated in connection with a conditionally permitted use.

The Planning Commission shall hold a public hearing to consider the proposed revocation. Said hearing shall be noticed in accordance with Section 65091 of the California Government Code and with Section 18.03.070 (Public hearing notice) of Chapter 18.03 (General provisions). After conducting the public hearing the Planning Commission shall make a recommendation to the City Council regarding revocation of the conditionally permitted use. After receiving the Planning Commission's recommendation, the City Council shall conduct its own public hearing and make a final determination to revoke, amend or leave unchanged the subject conditional use permit. (Ord. No. 327 , § 4(Exh. 2), 10-22-2019; Ord. 126 § 2, Exh. A(part), 1990) C.1.j
Packet Pg. 120 Attachment: Attachment 10 - GTMC 18.83.080 (GrandT-1 CUP 19-01 Revoke (Continued))

C.1.k
Packet Pg. 121 Attachment: Attachment 11 - Truck Storage Photos (GrandT-1 CUP 19-01 Revoke (Continued))

C.1.k
Packet Pg. 122 Attachment: Attachment 11 - Truck Storage Photos (GrandT-1 CUP 19-01 Revoke (Continued))

C.1.k
Packet Pg. 123 Attachment: Attachment 11 - Truck Storage Photos (GrandT-1 CUP 19-01 Revoke (Continued))

Grand Terrace, CA Municipal Code 6/10/24, 7:14 AM
about:blank Page 1 of 2
A.

B.

1. 2.

3. C.

D.

E.

F.

G.

H.

I.

J.

K.

L.

M.

N.

O.

P.

Q.

18.40.010 - Purpose.

The purpose of the M2 district is to provide for the development of medium manufacturing and industrial uses. The regulations of this district are intended to allow various manufacturing and industrial uses which operate free of overly excessive noise, dust, odor or other nuisances and can be made compatible to other (nonindustrial) districts.
(Ord. No. 319 , § 5(Exh. 1), 4-24-2018)

18.40.020 - Permitted uses.

Permitted uses in the M2 district are as follows:

Agricultural and nursery supplies and services;
Automotive related services (includes motorcycles, boats, recreational vehicles, trailers and campers):

Parts and supplies (wholesale and retail);
Rentals;
Repair;
Bakery (wholesale);
Building maintenance services;
Building supplies and sales (wholesale and retail), indoor; Communication services;
Contractor's office and storage yards, indoor;
Heavy equipment sales and services, indoor;
Laundry and dry-cleaning facilities;
Mail order services;
Manufacturing, light and medium facilities;
Photography and film processing facilities;
Printing, blueprinting and reproduction services;
Public storage facilities; indoor;
Recreational vehicle storage, indoor;
Veterinary clinics (completely contained in a building); Wholesale, storage and distribution facilities;
C.1.l
Packet Pg. 124 Attachment: Attachment 12 - GTMC 18.40 - Permitted and Conditionally Permitted Uses (GrandT-1 CUP 19-01 Revoke (Continued))

Grand Terrace, CA Municipal Code 6/10/24, 7:14 AM
about:blank Page 2 of 2
Q.

R.

S.

T.

A.

1. 2.

B.

C.

D.

E.

F.

G.

H.

I.

J.

K.

L.

Wholesale, storage and distribution facilities;
Emergency shelters;
Other uses which are determined by the Planning Commission to be similar in nature to a use listed in this section;
Temporary uses which are determined by the Community Development Director not to have a 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).
(Ord. No. 319 , § 5(Exh. 1), 4-24-2018)

18.40.030 - Conditionally permitted uses.

Uses permitted in the M2 district with a conditional use permit are as follows:

Automotive related services (includes motorcycles, boats, recreational vehicles, trailers and campers):

Sales (new and used vehicles),
Service stations;
Funeral homes (with crematory services);
Building supplies and sales (wholesale and retail), outdoor; Contractor's office and storage yards, outdoor.

Heavy equipment sales and repair, outdoor;
Plant nurseries, wholesale, outdoor;
Public storage facilities, outdoor;
Public utilities and facilities;
Recreational facilities;
Recreational vehicle storage, outdoor;
Modular units for business office or headquarter purposes only; Other uses which are determined by the Planning Commission to be similar in nature to a use listed in this Section.
(Ord. No. 329 , § 5, 1-28-2020; Ord. No. 319 , § 5(Exh. 1), 4-24-2018) C.1.l
Packet Pg. 125 Attachment: Attachment 12 - GTMC 18.40 - Permitted and Conditionally Permitted Uses (GrandT-1 CUP 19-01 Revoke (Continued))

PERMIT NO.

Permit Type:

B00-004-382
Commercial New
City of Grand Terrace
Department of Building & Safety, Public Works and Housing 22795 Barton Rd., Suite B, Grand Terrace, CA 92313-5295 (909) 954-5180 • Fax (909) 825-7506
Issue Date: 07/28/2022
11731 Terrace Ave 0275-191-06 & 30
3/7/2022 AM Permit Status: Finaled
PROJECT TRACT NO. BLK. NO. LOT NO. APPLIC. DATE ISSUED BY PHONE NO. FAX NO.

EMAIL ADDRESS:

Carl White Grading & Excavation PHONE NO. 33175 Temecula Pkwy Suite A,Box 703 (909) 319-2106 Temecula, CA
FAX NO.

Grand T-1 Inc 1040 S Mt Vernon Ave
Colton, CA 92324
PHONE NO. (909) 319-2106 FAX NO.

O'Brien, Patrick 1040 S Mount Vernon Ave Suite G-285
Grand T-1 Inc Colton, CA 92324
PHONE NO. (909) 319-2106 FAX NO.

Com New
PLACE NEW 16' x 40' PREFABRICATED OFFICE BUILDING AT TRUCK TRAILER STORAGE SITE PROJECT ADDRESS ASSESSORS PARCEL NO.

OWNER MAILING ADDRESS

APPLICANT MAILING ADDRESS

CONTRACTOR/PROFESSIONAL MAILING ADDRESS

TENANT MAILING ADDRESS

DESCRIPTION

GEO CODE
CALCULATION TYPE UOM # OF UNITS VALUE CALCULATION TYPE UOM # OF UNITS VALUE Value dollars 67,300 $67,300.00
OCCUPANCY Offices TOTAL VALUATION $67,300.00

QTY DESCRIPTION AMT DUE AMT PAID

FEE DETAIL

UOM QTY UOM DESCRIPTION AMT DUE AMT PAID
1 each Issue Fee $55.00 $55.00 Building Permit $769.75 $769.75 698.50 Miscellaneous Plan Check Fees $698.50 $698.50 Green Building Standards $3.00 $3.00 Total Fees: $1,526.25 Total Paid: $1,526.25 Balance Unpaid: $0.00 Paid Today:

RECEIPT # TRANS. DATE PAYMENT TYPE PAYMENT TYPE # AMOUNT

RECEIPTS DETAIL
NAME
6,074 7/28/2022 GRAND T-1 INC PATRICK O'BRIEN Cash $1,526.25 C.1.m
Packet Pg. 126 Attachment: Attachment 13 - B00-004-382_permit (GrandT-1 CUP 19-01 Revoke (Continued))

Department of Building & Safety
City of Grand Terrace
22795 Barton Rd., Suite B,
Grand Terrace, CA 92313-5295

POST THIS CARD IN A SAFE, CONSPICUOUS PLACE AT FRONT OF JOB

HAVE PLANS AVAILABLE ON JOB AT TIME OF INSPECTION
24 HOUR NOTICE FOR INSPECTIONS CALL 909-954-5180

INSPECTION RECORD
Permit No. B00-004-382
Permit Type: Commercial New
Building Date Insp. Status
Pad Certificate
Set Backs
Underground Plumbing/Electrical
Footings/Steel or Mesh
Uffer Ground
Slab
Site Underground Conduit
Water Supply and Backflow
Sewer/Septic System
Grease/Trap Interceptor
Roof Sheathing/Shear/Hold Downs
Rough Electrical
Rough Mechanical
Rough Plumbing
Prelim Drywall
Framing
Roof Drain Inspection
Lath / Screeds
Insulation
Drywall
T Bar Ceiling
Gas Test
Water Heater
Furnace / AC
Temporary Use of Permanent Power
Interior Dissabled Access
Exterior Dissabled Access
Site Light Standards
Underground Electric
NPDES
Electrical Service Release
Final Plumbing
Final Mechanical
Final Building 07/28/2022 LG Approved
Gas Release
Other Inspection
Owner
Name and
Address
Contractor
Name and
Address
State Lic.
& Classif.

Proposed Construction:

PLACE NEW 16' x 40' PREFABRICATED OFFICE

BUILDING AT TRUCK TRAILER STORAGE SITE
Building
Address 11731 Terrace Ave
1040 S Mount Vernon Ave Suite G-285
O'Brien, Patrick (909) 319-2106
Colton, CA 92324
Phone:

Fax:

Com New
Carl White Grading & Excavation
33175 Temecula Pkwy Suite A,Box 703
Temecula, CA
(909) 319-2106
Fax:
1069507
A
City Lic. #
Phone:

NOTICE TO OWNER
CALL FOR FINAL INSPECTION ON EVERY JOB.

THIS PERMIT WILL EXPIRE IF WORK IS SUSPENDED OR
ABANDONED FOR A PERIOD OF 180 DAYS.
• PROTECT THIS CARD •
When signed it's your permanent record of permitted work.

File with your important papers.

C.1.m
Packet Pg. 127 Attachment: Attachment 13 - B00-004-382_permit (GrandT-1 CUP 19-01 Revoke (Continued))

C.1.n
Packet Pg. 128 Attachment: Attachment 14 - 11731 Terrace Ave. (TSG Fleet Services Temporary) (GrandT-1 CUP 19-01 Revoke (Continued))

C.1.o
Packet Pg. 129 Attachment: Attachment 15 - Fuel Pumps (GrandT-1 CUP 19-01 Revoke (Continued))

C.1.o
Packet Pg. 130 Attachment: Attachment 15 - Fuel Pumps (GrandT-1 CUP 19-01 Revoke (Continued))

C.1.o
Packet Pg. 131 Attachment: Attachment 15 - Fuel Pumps (GrandT-1 CUP 19-01 Revoke (Continued))

C.1.o
Packet Pg. 132 Attachment: Attachment 15 - Fuel Pumps (GrandT-1 CUP 19-01 Revoke (Continued))

C.1.p
Packet Pg. 133 Attachment: Attachment 16 - Fuel Tank (GrandT-1 CUP 19-01 Revoke (Continued))

Grand Terrace, CA Municipal Code 6/10/24, 7:15 AM
about:blank Page 1 of 1

18.40.040 - Prohibited uses.

Uses that include the storage of hazardous and/or flammable material is prohibited. Such uses include, but are not limited, to pallet yard, and other wood products, and tire storage. (Ord. No. 319 , § 5(Exh. 1), 4-24-2018)
C.1.q
Packet Pg. 134 Attachment: Attachment 17 - GTMC 18.40.040 - Prohibited Uses (GrandT-1 CUP 19-01 Revoke (Continued))

L A W O F F I C E S
Dapeer, Rosenblit & Litvak, LLP
WILLIAM LITVAK*
STEVEN H. ROSENBLIT
KENNETH B. DAPEER
JAMES C. ECKART
PATRICIA H. FITZGERALD
ERIC P. MARKUS
*managing partner
24 April 2023

WEST LOS ANGELES OFFICE
11500 W. OLYMPIC BLVD., SUITE 550
LOS ANGELES, CA 90064-1524
TELEPHONE (310) 477-5575
FACSIMILE (310) 477-7090
WRITER’S EMAIL
[email protected]
Rutan & Tucker, LLC [Via First Class Mail and
18575 Jamboree Road, 9th Floor E-Mail: [email protected]] Irvine, CA 92612
Attn: Alan Fenstermacher, Esq.

Re: GrandT-1, LLC (APNs 0275-191-06 and 0275-191-30) / [CUP 19-01] Dear Mr. Fenstermacher:

Thank you for confirming that you are the attorney representing GrandT-1, LLC, in connection with its operations in the City of Grand Terrace (“City”), and for taking the time to speak with me last Friday. As I advised you, I serve as the City’s Special Legal Counsel in connection with the enforcement of Conditional Use Permit 19-01 – which was issued to your client on August 25, 2020 (as set forth in Resolution 2020-32), authorizing the operation of a proposed trailer storage facility at the above-referenced parcels of property.

As we discussed, your client’s acquisition of a Conditional Use Permit was a multi-year process that resulted not only in a public hearing spanning three (3) separate Planning Commission meetings, but also an appeal before the City Council brought by a member of the public. Both the Planning Commission and the City Council considered the tremendous public opposition presented at the respective hearings prior to the granting of Conditional Use Permit 19-01 by a narrow margin of both the Planning Commission (2 to 1 vote, with 2 commissioners recusing themselves) and the City Council (3 to 2 vote).

The approved Conditional Use Permit included in excess of forty-six (46) Conditions of Approval – which Patrick O’Brien accepted on behalf of GrandT-1, LLC, on September 30, 2020.

Notwithstanding the acceptance of CUP 19-01 and its Conditions of Approval, I have been advised that your client and/or TSG Fleet Services, LLC – the current operator of fleet services at the Subject Properties, is causing or allowing violations of the Conditions of Approval of CUP 19-01 and/or of other applicable provisions of law.

C.1.r
Packet Pg. 135 Attachment: Attachment 18 - Correspondence to GrandT-1 Attorney (GrandT-1 CUP 19-01 Revoke (Continued))

Rutan & Tucker, LLC
Attn: Alan Fenstermacher, Esq.

April 24, 2023

Specifically, I have been advised of the following violations of applicable Grand Terrace laws and/or of the CUP:

1. Business operations are occurring at the Subject Properties without a current and valid Business License (by either GrandT-1, LLC or TSG Fleet Services, LLC);

2. Use and/or occupancy of an “office” structure without a valid Certificate of Occupancy;

3. Installation of above-ground fuel tanks without required City approvals, permits, and/or inspections;

4. Conducting trailer storage operations outside approved days and/or hours (as set forth in Condition of Approval #3 to be Monday through Friday from 7:00 a.m. to 8:00 p.m.);

5. Failure to submit the following to the City:
a. Operations Manual;
b. Project delivery staging and operating schedule;
c. Security Plan
Your client is hereby ordered to immediately cease and desist all unapproved business operations occurring in violation of the approved days and/or times – and to otherwise ensure the operation of the trailer storage facility strictly adheres to CUP 19-01 and all other applicable laws, rules, and regulations.

Although you and I agreed that a meeting between you and your client (along with a representative from TransTech) and City Officials and me would be beneficial to discussing the outstanding issues – I advised you that we would not agree to any meeting unless your client immediately ceases all business operations occurring in violation of the approved days and/or times.

In this regard, in August 2022, on behalf of your client, Attorney Jonathan E.

Shardlow (of Allen Matkins) issued correspondence to the Grand Terrace City Manager – a copy of which is enclosed herein - asserting that Condition #3 does not, in fact, limit business hours to the days and times set forth therein. As I discussed with you on Friday, Mr. Shardlow’s interpretation of the term “proposed” as it relates to business hours is inaccurate1 – and is in direct 1 Contrary to Mr. Shardlow’s assertion that the term “proposed” as used in Condition of Approval #3 is meant to be understood merely as suggested or anticipated hours of operation, “proposed” is clearly meant to demonstrate that the hours of operation would commence at some C.1.r
Packet Pg. 136 Attachment: Attachment 18 - Correspondence to GrandT-1 Attorney (GrandT-1 CUP 19-01 Revoke (Continued))

Rutan & Tucker, LLC
Attn: Alan Fenstermacher, Esq.

April 24, 2023

contradiction to the decision made by the Planning Commission at the final hearing on July 16, 2020.

For your convenience, enclosed herein, please find copies of the following documents:
a) City Council Resolution 2020-32 (upholding Planning Commission’s approval of CUP 19-01);
b) Acceptance of Conditions of Approval (signed by Mr. O’Brien); and, c) Portions of the Minutes of Planning Commission meeting from July 16, 2020, pertinent to CUP 19-01.

Additionally, I encourage you and your client to review the Planning Commission and City Council hearings regarding the CUP. You are able to access video recordings of the Planning Commission and City Council meetings from the City’s website.2
point in the future since the business was not in operation at that time. The Conditions of Approval not only discuss the “proposed” Project (Condition #29 and throughout the Exhibits setting forth Conditions of Building & Safety, Public Works, and Fire Department), but also discusses the following “proposed” components of the proposed Project: parkway trees (Condition #30), storage shed (Condition #31), lighting (Condition #32), 900 square foot office trailer and 4,800 square foot maintenance building (Condition #36), street improvements (Public Works Condition #1), sewer plans (Public Works condition #5), and water plans (Public Works Condition #s 6 & 7). If Mr. Shardlow’s interpretation were accurate, your client would also be able to contend that the CUP does not limit your client to a trailer storage yard since it is referenced as a “proposed Project”. 2 You may review recordings of the Planning Commission meetings related to CUP 19-01 here:
http://grandterracecityca.iqm2.com/Citizens/Calendar.aspx?From=1/1/2020&To=12/31/2020.

The final meeting was held on July 16, 2020. Although the issue of business hours was addressed at multiple points during the hearing, I would encourage you and your client to pay special attention to the portion of the discussion commencing around 2 hours, 46 minutes in the July 16th meeting. At the conclusion of the public hearing, Commissioner Alaniz makes a motion to approve the CUP with the condition that the hours of operation commence no earlier than 7 a.m. Thereafter (at or around 2 hours, 57 minutes), with no second to Commissioner Alaniz’s motion, Vice-Chair Briggs makes a motion to approve the CUP with a variety of conditions – including that operating hours be limited to Monday through Friday from 8 a.m to 5 p.m. – with no weekends or holidays. With no second to Vice Chair Briggs’ motion, Commissioner Ceseña makes an alternate motion to approve the CUP (at approximately 3 hours, 30 seconds into the meeting) with a condition to limit the operating hours to commence no earlier than 7 a.m. Commissioner Alaniz requests to make a friendly amendment to Commissioner Ceseña’s motion to limit operating hours from 7 am to 8 pm. Commissioner Ceseña agrees to modify her motion, and the amended motion is approved by a vote of 2 to 1 – thereby approving CUP 19-01 with the limitation of operating hours to Monday through Friday, 7 a.m. to 8 p.m. After the appeal, the City Council upholds the Planning Commission’s decision – thereby maintaining the approval of CUP 19-01 with the limited operating hours. It should be noted that your client and/or his representative from TransTech (David Mlynarski) were present in person or virtually for each of the meetings, and were involved in all discussions.

C.1.r
Packet Pg. 137 Attachment: Attachment 18 - Correspondence to GrandT-1 Attorney (GrandT-1 CUP 19-01 Revoke (Continued))

Rutan & Tucker, LLC
Attn: Alan Fenstermacher, Esq.

April 24, 2023

As previously stated, if your client immediately ceases all unapproved operations during the prohibited hours, City Staff and I would be pleased to meet with you and your client (either in person or virtually) to discuss an acceptable schedule to get your client back into compliance with the Conditions of Approval.

Otherwise, we will have no choice but to request the Planning Commission to revoke the CUP, as well as to commence other legal enforcement actions to abate all unlawful activities and conditions.

Thank you for your continued professionalism, and I look forward to communicating with you later this week.

Sincerely,
James Eckart
Special Legal Counsel for
City of Grand Terrace
Encls.

Cc: City Officials
C.1.r
Packet Pg. 138 Attachment: Attachment 18 - Correspondence to GrandT-1 Attorney (GrandT-1 CUP 19-01 Revoke (Continued))

C.1.s
Packet Pg. 139 Attachment: Attachment 19 - Mrs. John Odenbaugh Email (GrandT-1 CUP 19-01 Revoke (Continued))

To the Planning Commission and City Council of Grand Terrace:

I, Juanita Odenbaugh, have resided with my family at 21811 Vivienda Avenue, Grand Terrace, CA 92313 since June 2005.

I am submitting this official statement to present written evidence and personal experiences indicating that TSG Fleet Services has engaged in unlawful activities. Attached to this statement are video and photographic evidence documenting each occurrence.

Since TSG Fleet Services commenced operations at 11731, approximately 940 feet from my residence, I have observed the company conducting business outside of their designated operational hours, specifically between 8 PM and 7 AM. Additionally, there has been a significant increase in heavy traffic involving trucks associated with TSG, traversing small neighborhood streets including Vivienda Avenue, Walnut Avenue, Burns Avenue, and Grand Terrace Road.

Furthermore, on Saturday, August 6, 2022, outside of the designated operational schedule, TSG employees were present on site, moving trailers and receiving truck trailers. I contacted the San Bernardino Sheriff's dispatch to request a deputy to enforce their Conditional Use Permit (CUP 19-01) and halt TSG's activities. Deputy Officer Velasco responded, and after reviewing the operational hours specified in CUP 19-01, he instructed the employees to cease their activities.

The reference number for this incident is GT 22218008.

On August 11, 2022, on two separate occasions after operational hours, I observed trucks entering and exiting TSG's premises. The first incident occurred at 5:19 AM and the second at 8:13 PM.

Most recently, on Tuesday, May 6, 2024, at approximately 4:30 AM, TSG had bright lighting and noise emanating from an employee operating a large forklift to move chassis. I reported a noise complaint and the early activity to the San Bernardino Sheriff's dispatch. Deputy Officer Jimenez responded, and upon arrival at TSG, the portable lighting was turned off and the forklift operations ceased.

Over the past two years, I have compiled approximately two years of photographic and video evidence of trucks with trailers on Walnut Avenue, Maple Avenue, Burns Avenue, Grand Terrace Road, and Vivienda Avenue, directly related to TSG's trucks passing through the neighborhood.

I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge and recollection.

Sincerely,
Juanita Odenbaugh
C.1.t
Packet Pg. 140 Attachment: Attachment 20 - Juanita Odenbaugh Statement (GrandT-1 CUP 19-01 Revoke (Continued))

C.1.t
Packet Pg. 141 Attachment: Attachment 20 - Juanita Odenbaugh Statement (GrandT-1 CUP 19-01 Revoke (Continued))

C.1.u
Packet Pg. 142 Attachment: Attachment 21 - Petition (GrandT-1 CUP 19-01 Revoke (Continued))

C.1.u
Packet Pg. 143 Attachment: Attachment 21 - Petition (GrandT-1 CUP 19-01 Revoke (Continued))

C.1.u
Packet Pg. 144 Attachment: Attachment 21 - Petition (GrandT-1 CUP 19-01 Revoke (Continued))

C.1.u
Packet Pg. 145 Attachment: Attachment 21 - Petition (GrandT-1 CUP 19-01 Revoke (Continued))

Alan B. Fenstermacher
Direct Dial: (714) 641-3452
E-mail: [email protected]
June 19, 2024
Ru t an & Tu ck er , LL P | 18 57 5 Ja mb or ee Road , 9 th Fl oo r
I r vi ne , CA 92 61 2 | 71 4 - 64 1- 51 00 | Fa x 71 4 - 546 -90 35 Or an ge Coun ty | Pa lo Alto | San Fra nc is co | Sc ot ts da le | www. ru ta n. co m 2523/037780-0001
20734558.1 a06/18/24

VIA E-MAIL
Honorable Chair and Planning Commission
City of Grand Terrance
22795 Barton Road
Grand Terrace, CA 92313
[email protected].

James Eckart, Special Legal Counsel
Dapeer, Rosenblit & Litvak, LLP
11500 West Olympic Boulevard, Suite 550
Los Angeles, CA 90064-1524
[email protected]
Re: Agenda Item C.2 - Review of Conditional Use Permit (CUP) 19-01 11731 Terrace Avenue
Dear Honorable Chair and Planning Commissioners:

This letter is sent on behalf of Grand T1, LLC (“Grand T1”) the owner of the property located at 11731 Terrace Avenue (the “Property”), which is currently leased to TSG Fleet Services, LLC (“TSG”).

The purpose of this letter is to formally request a continuance of the June 20, 2024 hearing to July 18, 2024. This office previously made this request to the City’s special counsel, and understands that City staff plans to recommend to the Commission that this item be continued to that date. We support that recommendation, and believe it is necessary to povide Grand T1 – which does not conduct operations on the Property – with sufficient time to investigate the City’s concerns, act accordingly, and provide a complete response.

This office has not been in contact with the City concerning the Property for approximately one year, and therefore Grand T1 is still getting up to speed. Grand T1 received the notice of the June 20, 2024 hearing 9 days prior to the hearing date, and was provided the detailed basis for the proposed revocation of the CUP when the staff report was released. I also understand that TSG’s primary representative and legal counsel is currently out of the country, and unable to attend or otherwise participate in the June 20th hearing.

C.1.v
Packet Pg. 146 Attachment: Attachment 24 - Rutan Letter (GrandT-1 CUP 19-01 Revoke (Continued))

Honorable Chair and Planning Commission
James Eckart, Special Legal Counsel
June 19, 2024

2523/037780-0001
20734558.1 a06/18/24
Grand T1 is committed to working with the City to resolve these issues. The continuance will provide the opportunity for Grand T1 and TSG to meet with City staff to discuss this matter, and such a meeting is currently scheduled for early July, to hopefully resolve any outstanding issues without needing any further hearing(s). Grand TI looks forward to working with the City on this matter.

Sincerely,

RUTAN & TUCKER, LLP
Alan B. Fenstermacher
C.1.v
Packet Pg. 147 Attachment: Attachment 24 - Rutan Letter (GrandT-1 CUP 19-01 Revoke (Continued))

June 19, 2024

June 19, 2024
Via E-mail Only
Honorable Chair and Planning
City of Grand Terrace
22795 Barton Road
Grand Terrace, CA 92313
[email protected]
James Eckart, Special Legal Counsel
Dapeer, Rosenblit & Litvak, LLP
11500 West Olympic Blvd., Suite 550
Los Angeles, CA 90064-1524
[email protected]
Re: Agenda Item C.2 – Review of Conditional Use Permit (“CUP”) 19-01 11731 Terrace Avenue
Dear Honorable Chair and Planning Commissioners:

This office serves as legal counsel for TSG Fleet Services, LLC (“TSG”), the current tenant of the real properly located at 11731 Terrace Avenue (the “Property”), which is owned by Grand T1, LLC (“Grand T1”). The purpose of this letter is to formally request a continuance of the Public Hearing by the Planning Commission scheduled for June 20, 2024 (“Hearing”).

TSG first received notice of the Hearing (“Notice”) on the afternoon of Tuesday, June 11, 2024 – nine (9) days before the Hearing. The Notice identified six alleged violations of the CUP, four of which TSG learned about for the first time in the Notice.

TSG had no prior knowledge or notice of four of the alleged violations.

Following receipt of the Notice, this office communicated with Mr. Eckart, the City’s special counsel, to request a continuance. The request for a continuance was because: (i) TSG requires additional time to investigate the newly identified violations and provide the appropriate response, and (ii) I, TSG’s primary legal counsel, am C.1.w
Packet Pg. 148 Attachment: Attachment 25 - Watts Letter (GrandT-1 CUP 19-01 Revoke (Continued))

June 19, 2024

currently out of the country on the date of the Hearing, and will not be returning until July 5, 2024, and am therefore unable to attend or participate in the Hearing on behalf of TSG. Based on these factors, Mr. Eckart agreed to support our request for a continuance of the Hearing. It is our understanding that Mr. Eckart has communicated the parties’ joint recommendation for a continuance of the Hearing to July 18, 2024.

It is TSG’s sincere desire to resolve the issues raised in the Notice and TSG remains committed to working with the City to achieve a resolution. A meeting is currently scheduled for July 8, 2024, with all concerned parties, including City staff, to further discuss the matter with the goal of finding a resolution without the need for a further hearing.

Nothing in this letter is intended to constitute or should be construed as an election of remedies by TSG or as a waiver or release of any rights or remedies available to it. All such rights and remedies are reserved, and nothing herein is intended to limit or otherwise restrict those rights in any way.

Thank you for your consideration of this request for a continuance.

Sincerely,

WATTS LAW LLP
Aaron C. Watts
[[email protected]]
C.1.w
Packet Pg. 149 Attachment: Attachment 25 - Watts Letter (GrandT-1 CUP 19-01 Revoke (Continued))

22795 Barton Road, Grand Terrace, California, 92313-5295 909/824-6621 Fax 909/783-2600

CITY OF GRAND TERRACE

NOTICE OF EXEMPTION
TO: Clerk of the Board of Supervisors FROM: Planning and Development County of San Bernardino Services Department
385 N. Arrowhead Avenue, 2nd Floor City of Grand Terrace San Bernardino, CA 92415-0130 22795 Barton Road
Grand Terrace, CA 92313
Project Title: Voluntary Relinquishment of Conditional Use Permit (CUP) 19-01 Project Location: 11731 Terrace Avenue, Grand Terrace, California Assessor’s Parcel Numbers (APNs): 0275-191-06 and 0275-191-30 Description of Project: The project involves the voluntary relinquishment of Conditional Use Permit (CUP) 19-01 for the property located at 11731 Terrace Avenue. This action terminates the existing CUP associated with the trailer and container storage facility, allowing the property to be re-entitled under current zoning regulations. The site will maintain the existing Site and Architectural Review (SA) 19-03 approval, which covers other site improvements, including trail access. No new development or physical changes to the site are proposed as part of this action.

Name of Public Agency Approving Project: Grand Terrace City Council Name of Person or Agency Carrying out Project: Patrick O’brien, representing Grand T-1, LLC
Exempt Status: Categorical Exemption – Section 15061(b)(3), Common Sense Exemption Reasons Why Project is Exempt: The project qualifies for a Common Sense Exemption because it can be seen with certainty that there is no possibility the relinquishment of Conditional Use Permit (CUP) 19-01 may have a significant effect on the environment. The action does not authorize any new development or physical changes to the site. Instead, it eliminates a previously approved land use entitlement, thereby reducing the potential for environmental impact.

Lead Agency or Contact Person: Area Code/Telephone: (909) 954-5176 ______________________________ _________________
Gabriel Arguelles, Assistant Planner Date
Planning and Development Services
Department

AGENDA REPORT
MEETING DATE: October 14, 2025
TITLE: Approval of Legal Services Agreement with Fennemore LLP to Provide Legal Services in Connection with The Anthony Petta and Angeline Petta Family Trust Litigation
PRESENTED BY: Adrian Guerra, City Attorney
RECOMMENDATION: APPROVE THE LEGAL SERVICES AGREEMENT WITH FENNEMORE

LLP TO PROVIDE LEGAL SERVICES IN CONNECTION WITH THE

ANTHONY PETTA AND ANGELINE PETTA FAMILY TRUST LITIGATION,

AND AUTHORIZE THE CITY MANAGER TO SIGN THE AGREEMENT

SUBJECT TO CITY ATTORNEY APPROVAL AS TO FORM
2030 VISION STATEMENT:

This staff report supports our Mission to preserve and protect our community, City Council Goal #1, “Ensure Our Fiscal Viability.”
BACKGROUND:

City resident, Ms. Angeline Petta, passed away in January 2025. Prior to her passing, she had recorded a trust along with her husband in 2021, known as the Petta Family Trust. The Petta Family Trust was amended in December 2024, a month prior to Ms. Petta’s passing.

There is now a dispute within the Petta family as to who the proper trustees are to administer the trust. Specifically, as part of the 2024 Amendment, Ms. Petta’s nieces were named co-trustees of the Petta Family Trust. They allege that the original trustees, John Petta and Angie Hisler, were too “elderly and physically and/or cognitively incapable of serving” as trustees. As a result, Ms. Petta’s nieces have initiated a lawsuit to effectively have the December 2024 amendment declared valid and confirm their appointment as the trustees. Moreover, they seek to get the original trustees to be declared incapable of serving as trustees. The lawsuit is entitled The Anthony Petta and Angeline Petta Family Trust, dated May 10, 2012 as amended December 2, 2024, in the Probate Department of the San Bernardino County Superior Court as Case No. TRUVA2500084 (the “Action”).

Per the trust document, The Petta Family Trust named the following beneficiaries:
• Susan Petta Park
• Grand Terrace Library
• San Bernardino Valley College
• Grand Terrace Senior Center
• Grand Terrace Fire Station
As written, the City of Grand Terrace is a beneficiary of the trust with the expectation and hope to receive the intended trust proceeds. While the City is not a party in the litigation, the City has an

interest in ensuring that the trust is administered appropriately and that the City receives any intended trust proceeds.

DISCUSSION:

City staff recommends retaining outside legal counsel, Fennemore LLP, which specializes in this area of law, to monitor this case and ensure the City’s interests are protected.

David Werner, of Fennemore LLP, is recommended to provide these legal services based on his expertise and experience in this specialized field. Mr. Wener has more than 25 years of civil litigation experience and specializes in trust litigation. As a probate, estate, and trust litigator, he has a unique understanding of the various and complex facets of probate and trust law, as well as other related areas of the law. Mr. Werner has briefed and argued cases before the California Court of Appeal for Districts Two, Four, and Five. He also briefed and successfully argued a case that was accepted for review by the California Supreme Court. Additionally, Mr. Werner is a resident of adjacent Loma Linda. As such, he is familiar with the City of Grand Terrace.

Mr. Werner charges $590 per hour. If additional attorneys are required, their hourly rates range from $330 to $815. Paraprofessionals are billed at hourly rates ranging from $210 to $350. The firm invoices monthly for services rendered, with payment due within 30 days of the invoice date.

Additionally, a $1,000 fee deposit will be held in trust to cover related costs. The firm possesses extensive experience and demonstrated expertise in trusts and estates litigation, including contested probate proceedings, and is well-qualified to represent the City's interests in this matter.

ENVIRONMENTAL IMPACT:

None.

FISCAL IMPACT:

Costs for legal services will be billed hourly and are expected to be covered within the City’s existing budget. The firm's lead attorney charges $590 per hour, with additional attorneys billed at rates ranging from $330 to $815 per hour, and paraprofessionals billed at rates ranging from $210 to $350 per hour. Additionally, a $1,000 fee deposit will be held in trust to cover related costs. Staff will monitor expenses and return for further authorization if needed.

ATTACHMENTS:
1) Engagement of Legal Services Letter

David D. Werner
Director
[email protected]
550 E. Hospitality Lane, Suite 350
San Bernardino, California 92408
PH (909) 723-1718 | FX (909) 890-9877
fennemorelaw.com
Fennemore LLP.

October 14, 2025

VIA E-MAIL
City of Grand Terrace
Konrad Bolowich, City Manager
22795 Barton Road
Grand Terrace, CA 92313
Re: Engagement of Legal Services
Client: City of Grand Terrace
Matter: The Anthony Petta and Angeline Petta Family Trust Dear Mr. Bolowich:

I am writing to confirm the terms under which Fennemore LLP (“Fennemore” or “the Firm”) will represent the City of Grand Terrace (“Client”) in connection with the lawsuit captioned as The Anthony Petta and Angeline Petta Family Trust, dated May 10, 2012 as amended December 2, 2024, which is filed in the Probate Department of the San Bernardino County Superior Court as Case No. TRUVA2500084 (the “Action”). We appreciate the opportunity to work with you.

Our representation is limited to the Client identified above and our engagement will consist of protecting Client’s interest as a beneficiary of The Anthony Petta and Angeline Petta Family Trust, dated May 10, 2012 by providing Client with representation in the Action. Our work is limited to these services, including any services rendered at your request on this matter prior to the date of this letter. If you subsequently ask us to provide legal services on additional matters, we will be happy to do so provided we agree in writing to perform that additional work and all other formalities required by Client to allow for the additional scope of representation are followed and completed.

My current hourly rate is $590.00. Other attorneys, if needed, will be billed at hourly rates which currently range from $330-$815, depending on levels of experience. Certain tasks may be assigned to paraprofessionals at hourly rates that currently range from $210-$350. Our rates may change periodically. Billings for services will be based on the factors described in the enclosed Terms of Engagement.

Our office generally requires a fee deposit from new clients to begin work on a matter. In this instance, we request a fee deposit of $1,000, to be held in trust, and to be available to pay for costs, such as for filing service and related fees, when they are incurred. The fee deposit will be

City of Grand Terrace
October 14, 2025

administered according to the enclosed Terms of Engagement. In any event, we will bill monthly and expect payment within 30 days.

I encourage you to contact me with any questions or comments you may have in the future regarding our statements or services.

Please review this letter and the enclosed Terms of Engagement, which are incorporated herein, and if the terms and conditions of the engagement are satisfactory, please sign and return to me a copy of this letter.

Call if you have any questions. We look forward to working with you.

Very truly yours,

FENNEMORE LLP
David D. Werner

DWER/VA
CC: Adrian R. Guerra, Esq., City Attorney
I have reviewed this letter and the enclosed Terms of Engagement and I agree to the terms and conditions in both.

CITY OF GRAND TERRACE
By:

Name: Konrad Bolowich
Title: City Manager

City of Grand Terrace
October 14, 2025

TERMS OF ENGAGEMENT
TO OUR CLIENTS:

Fennemore’s standard terms of engagement for providing legal services as described in the attached letter are summarized below. These terms (the “Terms of Engagement”) are an integral part of our agreement to provide you with legal services. These Terms of Engagement, together with the engagement letter to which these Terms of Engagement are attached, may be referred to as the “Engagement Agreement.” Please contact us promptly after reading these terms if you have any questions.

1. Who is Our Client? Except as otherwise expressly agreed in writing, we represent only the person(s) or entity(ies) identified in our engagement letter (referred to herein as “you” or “Client”). Unless specifically stated in that letter, our representation of you does not extend to any of your affiliates, employees, officers, shareholders, or any entities in which you own an interest.

If you are a partnership or limited liability company, our representation does not extend to the individual partners or members of that entity. If you are a trade association, our representation does not extend to members of the trade association. If you are an individual, our representation does not include your spouse, siblings, other family members, or any entity in which you hold an ownership interest. In addition, the advice and communications which we render on your behalf are not intended to be disseminated to or relied upon by anyone else without our written consent.

If Client is an entity, we will look to the managers, partners or officers, as appropriate, of the entity for our instructions regarding the legal services to be performed, as well as for the resolution of any issues that may arise in the course of the services. California Rule of Professional Conduct Rule 1.13 (“Rule 1.13”) addresses legal representation of an entity or organization and certain of its owners and employees. A copy of Rule 1.13 is available here for your reference:
https://www.calbar.ca.gov/Portals/0/documents/rules/Rule_1.13-Exec_Summary-Redline.pdf

2. Conflicts and Consent Relating to Future Adverse Representation in Unrelated Matters.
(a) To assist in avoiding representing parties with conflicts of interests, we maintain a computerized conflict of interest index. The Firm will not represent any party with an interest that may be adverse to that of a person or entity included in the index without an examination to determine whether a conflict of interest would actually be created. To allow us to perform a conflict check, you represent that you have identified for us all persons or entities that are or may become involved in this matter, including all persons and entities that are affiliated with you and the other involved or potentially involved parties (such as parent corporations, subsidiaries and other affiliates, officers, directors and principals). Nonetheless, unless this Engagement Agreement states otherwise, the Firm’s only Client is the individual or entity identified as such in the engagement letter. You also agree that you will promptly notify us if you become aware of any other person or entities that are or may become involved in this matter.

City of Grand Terrace
October 14, 2025

(b) Our firm provides a wide array of legal services, including administrative, legislative, litigation, and transactional services, to many other companies and individuals. It is possible that one or more of our present or future clients will have disputes or transactions with you during the course of our representation of you or that one or more of them will ask us to advocate a change in law or policy that might have a direct or indirect adverse impact upon your interests. You agree that we may represent any existing or new clients in any matter that is unrelated to our representation of you, including matters that are directly adverse to you or in which a policy we advocate might have a direct or indirect adverse impact upon your interests.

We agree, however, that your prospective consent to conflicting representation set forth in the preceding sentence shall not apply in any instance where, as a result of our representation of you, we have obtained confidential information that, if known to our other client, could be used in the matter adverse to you and to your material disadvantage and we have not taken steps to screen such information from the lawyers representing the other client in the matter adverse to you prior to such lawyers learning any such information or where we are otherwise precluded from undertaking the representation under applicable ethical rules that govern lawyers. You hereby consent to the Firm taking any reasonable measures it deems appropriate to protect your confidential information from such disclosure or use, including the creation of a formal “ethical screen” in accordance with the Firm’s internal procedures for implementing such measures. Your alternative to giving this consent to our future representation of other clients is to retain any other counsel of your choosing to represent you in this matter, and you acknowledge that the Firm would not agree to represent you with respect to the matter covered by this Engagement Agreement without your consent and agreement as described in this paragraph. (c) In similar engagement letters with many of our other clients, we may ask for similar agreements to preserve our ability to represent you. You agree that we may disclose the fact of our representation of you, without disclosing the nature of such representation, to other current or future clients that may be adverse to you for the purpose of obtaining such other clients’ consent to any conflict of interest that may be presented by our representation of you and such other client. We will not disclose to the other client any confidential information pertaining to our representation of you.
(d) If we have indicated in the engagement letter above that we currently represent one or more other parties in unrelated matters adverse to your interests or if in an unrelated matter we currently represent one or more other parties whose interests are adverse to yours in this matter, and you have decided you want us to represent you, knowing we represent such other client(s) adverse to you in other matters, we have required you to sign the attached “Conflicts of Interest/Consent and Waiver,” which is incorporated herein as though fully set forth. (e) If we have actual knowledge or reasonably should know that in this matter (1) another party’s lawyer is a spouse, parent, child, sibling, living with, or has an intimate personal relationship with your lawyer, or (2) another party’s lawyer is a client of your lawyer or any other Firm lawyer, then we have disclosed that relationship to you in writing in the above engagement letter as required by California Rule of Professional Conduct 1.7(c). Your lawyer believes you

City of Grand Terrace
October 14, 2025

will receive competent and diligent representation in this matter. If you are aware that any relationship described above exists, please advise us. Otherwise, you agree that we may represent or be represented by lawyers or law firms representing clients whose interests are adverse to yours in unrelated matters.

3. Fees. We encourage you to discuss with us at any time any questions you might have concerning our billing procedures. We charge fees that are reasonable based on criteria for reasonableness set forth in the applicable Rules of Professional Conduct, which include the time, effort and skill required to perform the services properly, the novelty and complexity of the issues, time constraints imposed by the Client or by the nature of the matter, the degree of risk imposed on the lawyer, the amount involved and the results achieved. As a result, fees based on our hourly rates are subject to adjustment to reflect what we believe to be a reasonable charge for tasks performed on your behalf. Standard hourly rates may change periodically, and any changes will be reflected in our monthly billing statements.

4. Billing and Costs.
(a) We ordinarily bill monthly. We request that you review any billing statements promptly upon receipt to determine if you have any questions or comments. Our billing statements are due and payable upon receipt. We ask and expect payment of our statements on a current basis, as delayed payment adds to our overall costs of providing services. Interest at the rate of 10 percent per annum will be assessed on all amounts not paid within 30 days of the date of the statement. In no event will the interest exceed the maximum rate allowable by law on delinquent payments. We bill for all costs advanced for items such as filing fees, expert witness fees, if needed, and travel expenses. Bills will also include charges for other costs, such voluminous document reproduction costs ($.20 per page), service fees, and messenger charges.

While our charges for these services are measured by use, they do not always reflect our actual out-of-pocket costs. Some expense charges include an approximation of applicable overhead incurred by the Firm as itemized to the particular expense. For many of these items, the true cost of providing the service is difficult to establish, and in some instances, the amounts charged are estimates which may exceed the actual cost to the Firm. We would be pleased to discuss the specific schedule of charges with you and to answer any questions you may have. Any changes in these routine charges will be reflected in our monthly billing statements. (b) We make every effort to include disbursements in the statement for the month in which the disbursements are incurred. Some disbursements, however, are not available to us until sometime after the month in which the service related to the charge was performed, in which case either the charge will be billed in a subsequent month, a supplemental statement will be prepared, or an estimated amount will be included in the initial billing and an adjustment made when the actual disbursement information is available.
(c) We may require and you agree to pay certain large disbursements, such as expert witness fees, if such is required, directly to the third party provider.

City of Grand Terrace
October 14, 2025

(d) We look to the Client for payment regardless of whether the Client is insured to cover any particular risk. From time to time, we may agree to assist clients in pursuing third parties for recovery of attorneys’ fees and other charges resulting from our services. These situations include payment of fees under contracts, statutes or insurance policies. It remains the Client’s obligation to pay all amounts due to us upon receiving our statement. (e) It is the Firm’s policy that, if an invoice remains unpaid for more than 90 days, then, absent extraordinary circumstances and subject to legal ethics constraints, we reserve the right to terminate representation, and you hereby authorize us to withdraw from all representation of you. Any unapplied deposits will be applied to outstanding balances. Generally, the Firm will not recommence its representation or accept new work from you until your account is brought current and a new deposit for fees and costs, in an amount that the Firm determines, is paid to us.

5. Funds Deposited with Fennemore.
(a) Retainers and Fee Deposits. We frequently obtain an advance retainer or fee deposit from new clients, and from existing clients under certain circumstances, to secure the payment of our fees and recoverable expenses. The amount and terms of the retainer arrangement are determined after consultation with the billing attorney. It occasionally may be appropriate to require an additional retainer after the commencement of the engagement, depending on payment history or on the scope of the work. The retainer will be held in a general Firm trust account in California, with interest payable to the California IOLTA as required by California Rule of Professional Conduct 1.15(a). Although we will typically hold the retainer in trust and apply it to our final invoice, we reserve the right to apply the retainer to our fees and expenses as we earn or incur them from time to time over the course of the engagement, in which case we may ask you to replenish the advance retainer at the amount of the initial retainer or some other amount. Retainer disbursements will be detailed on our billing statements sent to you. You will be invoiced for replenishment of the amount withdrawn. Non-replenishment of the amount requested within 30 days plus amounts then due may be deemed a breach of this Engagement Agreement. Any portion of the retainer unused after full payment of all amounts due to us will be returned to you promptly upon completion of our services. Any amounts due to us in excess of the retainer will be billed to you.
(b) Other Funds. Occasionally, funds due to the Client will be deposited with Fennemore for the benefit of the Client. Absent other agreement with the Client, such funds will be deposited in a general Firm trust account as described in paragraph 5(a) above.

6. Estimates. Any estimates of anticipated fees that we provide, for budgeting purposes or otherwise, are, due to the uncertainties involved, necessarily only an approximation of potential fees. Such estimates are not a maximum or minimum fee quotation.

City of Grand Terrace
October 14, 2025

7. Opinions. During the course of our representation of you, we may express opinions or beliefs concerning the matter on which we are working or various courses of action and the results that might be anticipated. Any such statement is intended to be an expression of opinion only, and should not be construed by you as a promise or guarantee.

8. Client Responsibilities. Recognizing that we cannot effectively represent you without your cooperation and assistance, you agree to cooperate with us and to provide promptly all information known or available to you that is relevant to the subject matter of our representation or otherwise requested by us, including but not limited to full and timely access to any documents or information that we consider to be necessary or important and any changes in the name, address, telephone number, contact person, e-mail address, state of domicile or other relevant changes regarding you or your business. Failure to provide requested information could reduce the effectiveness of our representation and could lead to our withdrawal from our representation of you.

It is essential that we be able to reach you when needed. You agree to promptly notify us of any changes in your contact information.

If you affiliate with, acquire, or are acquired by or merge with another company or otherwise become aware of information that may evidence the existence of a conflict of interest that was not disclosed by you at the beginning of the engagement, you agree to provide us with sufficient advance notice to permit us to determine whether such affiliation, acquisition or merger creates a conflict of interest between any of our clients and the other party to such affiliation, acquisition or merger.

9. Representation of Lawyers.
(a) If you are not a Lawyer. We sometimes represent lawyers and law firms, and we are sometimes represented by other lawyers and law firms, in matters unrelated to our representation of you. Because we do not believe these representations will materially limit our responsibilities to you or will otherwise adversely affect our representation of you, we do not believe these representations present conflicts of interest, including where any such firm also represents a client whose interests are opposed to yours in either a litigation or transactional setting.

You consent to our representation of you despite this Firm’s representation of or by other lawyers or firms. See paragraph 2(e) above.
(b) If you are a Lawyer. Our work on your behalf will be limited to the work described in the above engagement letter. Because we may represent clients in business and litigation matters where you or your firm represents a party with interests adverse to those of our other clients, the potential exists that actions taken by Fennemore on behalf of its clients could directly or indirectly impact you and your firm. Examples are claims of conflict of interest, requests for discovery sanctions, and objections to fee applications. Accordingly, our representation of you and your firm

City of Grand Terrace
October 14, 2025

is with the understanding that you consent to any conflict of interest with respect to our representation of other clients with respect to such matters.

10. Credit Checks. Depending on the nature of our representation of you, we may from time to time request information from credit reporting agencies for the purpose of verifying or considering your credit status. Your engagement of Fennemore will constitute your authorization to perform such credit checks.

11. Renewals, Updates, and Other Filings. Unless otherwise specifically agreed upon in advance in writing, we do not undertake to complete or file any initial, annual, or other periodic report required by any governmental agency. Such reports include, without limitation, beneficial owner information reports required under federal law and annual information reports required under applicable state law. In addition we do not undertake to renew or maintain any water right or claim filings, well ownership filings, assured water supply approvals, mining claim filings, trademarks, trade names, patents, UCC financing statements, judgments or other filings unless (i) otherwise specifically agreed upon in writing, and (ii) we are currently representing you at the time such renewal is required. As a matter of courtesy only, we may from time to time voluntarily provide you with notices of future events or activity affecting your rights related to such filings or other documentation we have prepared, but any such notices shall not be regarded as evidence of an obligation to provide them to you or any assurance that such notices will be provided in the future.

12. Termination. Either of us may terminate the engagement at any time for any reason by written notice, subject on our part to applicable rules of professional conduct and our obligation to give you reasonable notice to arrange for alternate representation. The engagement shall also terminate on the completion of our services hereunder. If we have been engaged in multiple matters, our relationship will also be considered terminated if no matters are pending and there have been no communications between us for three months or more, unless otherwise agreed to in writing. You will remain obligated to pay for fees and costs incurred prior to termination.

13. Post-Engagement Matters. Unless our engagement is by its nature a continuing one (as when we are initially engaged to handle one of a series of separate matters that will be referred to us in connection with an ongoing project) or unless the engagement letter specifically reflects that our engagement is intended to continue beyond the current matter, our engagement will cease upon completion of the matter for which you have engaged us. Upon conclusion of the tasks we have been asked to perform in connection with this engagement, we will have no duty to inform you of future developments or changes in the law affecting any of your interests including your interests in the matter subject to this engagement. To the extent that we voluntarily provide you with newsletters, documents or information concerning such matters following the conclusion of this engagement, such provision shall be considered a matter of courtesy only and shall not be considered the fulfillment or basis of any duty or the re-establishment of any attorney-client relationship.

City of Grand Terrace
October 14, 2025

14. Retention and Destruction of Documents. Following the conclusion of this engagement, any otherwise nonpublic information you have supplied to us which is retained by us will be kept confidential in accordance with applicable rules of professional conduct. At your request, your original papers and property will be returned to you promptly. Our own files pertaining to the matter, which include, for example, Firm administrative records, time and expense reports, personnel and staffing materials, credit and accounting records, and internal lawyers’ work reports, prepared by or for the internal use of lawyers, will be retained by the Firm.

We may retain copies of any file papers returned to you. If you do not request the return of your records, your file and records may be destroyed following the period of time specified by our document retention/destruction policy. This period may vary depending on the nature of the engagement involved. In any event, all files may be destroyed seven years following the conclusion of the engagement.

15. Fee Arbitration. In the unlikely event of any dispute regarding the amount or payment of fees, we have the right to terminate our legal representation in this matter, subject to our obligation to give you reasonable notice to arrange for alternate representation. If such a dispute arises that cannot be resolved, you may elect to use any State Bar mandatory dispute resolution procedures that may apply.

If mandatory dispute resolution procedures regarding our fees or costs have been waived or exhausted, you and the Firm agree to submit the dispute to binding arbitration. In the unlikely event a dispute is submitted to binding arbitration, there is no right to a trial by jury, and the arbitration’s legal and factual determinations are generally not subject to appellate review. Such disputes shall be decided by a single neutral arbitrator who shall be a retired judge mutually acceptable to Client and the Firm or appointed by JAMS or other agreeable private dispute resolution service. Any other dispute arising out of or related to this agreement or our professional services will also be finally decided by a single neutral arbitrator who is an attorney or retired judge, mutually acceptable to the Parties or appointed by JAMS or other agreeable private dispute resolution service. The Arbitration Rules of JAMS or other agreeable private dispute resolution service will apply to any dispute for which the arbitrator is appointed by JAMS or other agreeable private dispute resolution service. Arbitration shall be in accordance with the laws of the State of California, and any arbitral proceedings hereunder shall take place in California. By signing this Engagement Agreement, you are giving up your right to a trial by jury of the dispute.

We recommend that you discuss the advisability of arbitration with independent counsel or any of your other advisors and to ask any questions which you may have prior to signing this Engagement Agreement.

16. Mediation. As to any claim or dispute arising out of or connected with our services, other than a fee dispute covered by the preceding paragraph, we mutually agree to attempt in good faith to settle the dispute by non-binding mediation before commencing any legal action or other dispute resolution procedure.

City of Grand Terrace
October 14, 2025

17. Affiliations. Fennemore is a member of one or more networks of independent law firms, such as The Toledo Group, a national network of independent law firms that seeks to share experiences and best practices in law firm administration, management, technology and service.

Although a member of one or more such organizations, Fennemore is completely independent and does not have common operations, share fees or collaborate on a pre-arranged basis with other member firms. If collaboration with other independent members of organizations is appropriate to serve your needs, Fennemore will discuss the specific engagement with you.

18. Confidentiality. We will maintain all information regarding your representation confidential in accordance with applicable law and Rules of Professional Conduct. From time to time we may have discussions with other lawyers for the purpose of considering their employment by Fennemore, or law firms for the purpose of considering a potential combination with such law firms. During the course of those discussions it may be necessary to disclose your identity as a client or fee and billing information relating to our representation of you. Such disclosure shall be subject to a confidentiality agreement between us and such other lawyers or law firms, and you agree that we may disclose such limited information for these purposes.

19. Artificial Intelligence. We anticipate that during the course of this engagement, the firm will use generative artificial intelligence (“GenAI”) to enhance and streamline certain aspects of our services. Like any technology, GenAI carries some degree of risk, which may include risk of errors in GenAI-generated content, data security vulnerabilities and system malfunctions. We have implemented reasonable measures to safeguard against these risks and our lawyers maintain oversight of GenAI-generated outputs. Accordingly, we believe and you agree that the benefits of using this technology outweigh the related risks, and you consent to use of this technology.

20. Storage and Use of Electronic Data. You are aware of and consent to the retention, maintenance, and storage of your information and records relating to this matter in the following forms and locations: paper (in office and/or storage files); electronic (e.g., computer, handheld devices for email, fax, and via the Internet using cloud storage); or other like media. Unfortunately, email, cellular phones, text messaging, cloud-based storage, and other forms of electronic communication and data storage (collectively, “Electronic Communication”) are not completely secure. If there are certain documents or information with respect to which you desire to maintain absolute confidentiality, you must instruct the Firm in writing not to transmit or store such documents or information using standard modes of Electronic Communication so that the Firm can take appropriate actions to comply with your request. In the absence of such instructions, you acknowledge that the Firm will use Electronic Communication in its efforts to provide efficient and effective representation, and you authorize the Firm to use Electronic Communication in connection with the Firm’s representation of Client.

21. Governing Law/Venue. Any claim or dispute arising out of or connected with our services shall be governed by the laws of the State of California. Any lawsuit relating in any way to our services shall be instituted only in the state or federal courts of the State of California. You

City of Grand Terrace
October 14, 2025

consent to and agrees to the jurisdiction of such state and federal courts located in the State of California.

We are pleased to represent you and we look forward to a mutually satisfying relationship.

Again, if at any time you have a question or concern, please feel free to bring it to the attention of the attorney or attorneys responsible for your representation at Fennemore. 60622504.1/099506.0013