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1. Consideration of a Notice of Exemption pursuant to Section 15301(e)(1) of the California Environmental Quality Act Guidelines.

2. PUBLIC HEARING to consider Conditional Use Permit No. 341 (Revision No. 2) to revise an approved 1,794 square foot drive-through restaurant by maintaining the existing 1,346 square foot building and constructing a 448 square foot addition with related parking and landscaping improvements, located at 625 Redlands Boulevard in the C-4 (Highway Commercial) District.

PLANNING COMMISSION MEETING DATE: February 10, 2015

SYNOPSIS

1. General Plan Designation: The General Plan land use designation is Commercial.

2. Existing Land Use Designation: The project site is located within the C-4 (Highway Commercial) District.

3. Surrounding

Land Use Designation: The project is surrounded by the C-4 (Highway Commercial) District to the north, south, and west, and abuts the R-2 (Multiple Family Residential) District to the east.

4. Existing Land Uses: The subject site is currently developed with a 1,344 square foot restaurant building with drive-through service. 5. Surrounding Land Uses: The surrounding land uses include:

restaurants with drive-through service to the north, west, south, and a single family residence to the east.

6. Area/Topography: The project site is 16,091 square feet in size, flat, and contains an existing restaurant building with a drive-through lane and associated parking lot.

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7. Environmental Assessment: The project has been deemed exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301(e)(1) of the CEQA Guidelines. 8. Socio-Economic Cost /Benefit Study: The project is not subject to the

requirements of Measure “U” (Socio-Economic Cost/Benefit Study).

9. Planning Commission Submittal Dates:

(A) Date Submitted: January 14, 2015

(B) Date Accepted As Complete: January 15, 2015 (C) Planning Commission Meetings: February 10, 2015 (D) Permit Streamlining Act: March 15, 2015 10. Attachments: A. Conditions of Approval

B. Site Plan/Floor Plan/Elevations

C. Letter from Architectural Resources Group, Inc., dated January 12, 2015

BACKGROUND/PROPOSAL:

The Planning Commission may recall that on May 13, 2014, the Commission approved a revision to Conditional Use Permit No. 341 to replace an existing 1,344 square foot drive-through restaurant by constructing a new 1,794 square foot drive-drive-through facility for a Starbuck’s in its place, with on-site and off-site improvements including a parking lot, new landscaping planters, new decorative lighting, ADA improvements, and widening of Clark Street and a replacement of a two (2) inch water main on Clark Street with an eight (8) inch main. The approval was subject to conditions of approval which required the applicant to obtain approval of a demolition permit by the Historic and Scenic Preservation Commission because the building was over fifty (50) years old.

In July, 2014, the Historic and Scenic Preservation Commission (HSPC) reviewed Demolition No. 241 to demolish the existing 1,344 square foot structure on-site. The HSPC continued the matter and requested that a cultural historian analyze the building to determine whether the building met criteria for eligibility as a local and/or State historic resource. Subsequently, the study was completed and concluded that the building’s architectural style “remotely” resembled the Googie Architecture that was prevalent in the 1950’s and 1960’s but was not eligible based on style. The report did acknowledge that the building’s “type”, that being a drive-up food stand, would make it eligible for local and

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State criteria as this is building is one of four left in the City. At the August, 2014 HSPC meeting, the applicant decided to withdraw their request to demolish the building in order to seek an alternative proposal.

In the interim, the applicant and Starbucks’ Corporation met on the project and ultimately agreed that it was in the best interests of the community to restore the building and adaptively reuse with a new Starbucks, as well as restore the existing pole sign in its present location.

On January 14, 2015, the applicant submitted Conditional Use Permit No. 341 (Revision 2) to modify their previous approval for a retail coffee shop with drive-through service by maintaining and remodeling the existing structure and constructing 448 square feet of building additions to an the existing building, for a total building size of 1,794 square feet. The application includes similar on-site and off-site improvements, as reviewed under Conditional Use Permit No. 341 Revision 1.

For the Commission’s reference, the existing building’s records indicate that the structure was constructed on the property in 1960, and consisted of a seven hundred eight four (784) square foot drive-in restaurant. On February 3, 1981, the City Council approved Conditional Use Permit No. 341, for an expansion to the restaurant with a drive-through lane, and permitting a five hundred sixty (560) square foot addition, resulting in a seventy (70) percent increase in building size.

ANALYSIS

GENERAL PLAN

The proposed project is located in the Commercial land use designation of the General Plan; which supports commercial activity including retail stores, hotels, motels, automobile sales and service, offices, and entertainment and cultural facilities. The continued use of the property as drive-through service is consistent with the Commercial land use designation. The General Plan Land Use Element divides the Commercial land use designations into sub-areas for the Downtown, East Valley Corridor Specific Plan, neighborhood shopping districts and four specific commercial strips. Each of these sub-areas contains guiding and implementing policies. However, the Commercial land use designation does not have any specific guiding or implementing policies for commercial properties that do not fall within these sub-areas and are generally implemented through the intent and purpose of the respective zoning designation of the property. Given this, there are three (3) General Plan policies that are relevant to this proposal and are found in the City Design and Preservation and Economic Development Elements, as follows:

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3.20e Encourage retention of historic structure in their original use or reconversion to their originally use where feasible. Encourage sensitive, adaptive re-use where original use is no longer feasible.

The existing structure, identified in a Historic Resource Assessment completed by Architectural Resources Group, Inc. on August 6, 2014, was determined to be eligible for two (2) criteria for the California Register and three (3) criteria for City of Redlands historic designation. Although the structure has not been officially designated as a historic resource on a historic register, the applicant proposes to retain the existing structure on-site and continue the use of the structure, originally a road-side food stand, with a similar retail coffee shop use. The applicant has expressed interest in designating the property as a local historic resource in the future.

11.0g Assist in the expansion and retention of existing business and industries.

Approval of the request will expand the company’s business activities within the City of Redlands. Starbucks currently maintains four other locations within the city limits, including one drive-through facility located at the northwest corner of Alabama Street and Orange Tree Lane (1265 Alabama Street), one storefront without a drive-thru located in a multi-tenant commercial building at 627 Orange Street, and two locations within grocery stores located at 522 N. Orange Street (Vons) and 450 W. Cypress Avenue (Albertson’s). A fifth drive-through facility for Starbucks is anticipated at 1755 E. Lugonia Avenue, within the recently constructed Stater Bros. shopping center at the northwest corner of Wabash and Lugonia Avenues. Approval of the request will expand the company’s coverage to include six locations, and a third drive-through facility.

11.0k Promote redevelopment and rehabilitation of older commercial and industrial areas to make them more efficient, accessible, aesthetically appealing, and economically viable.

The proposed project will rehabilitate an existing vacant commercial property and the existing on-site structure in accordance with the Secretary of

Interior’s Standards for Rehabilitation of Historic Properties. The project will

improve the site, as a whole, through parking and landscaping improvements to meet Municipal Code standards. The project will also generate employment upon construction through the availability of new jobs within the Redlands area.

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SOCIO ECONOMIC COST/BENEFIT STUDY

According to Measure “U”, a Socio Economic Cost/Benefit Study is required for projects involving structures larger than 5,000 square feet. As indicated above, even with the building will be less than 5,000 square feet in total size. Therefore a Socio-Economic Cost/Benefit Study is not required.

C-4 (HIGHWAY COMMERCIAL) DISTRICT

The intent and purpose of the C-4 (Highway Commercial) district is to “provide for the development of commercial enterprises adjacent to the major thoroughfares of the community”, while improving the general appearance of the community through high property development standards to enhance the visual qualities of the major thoroughfares. The property is located on a major arterial street, Redlands Boulevard, and will be visible to drivers accessing the central core of the City. The existing structure (1960) and the subsequent addition (1981) will be rehabilitated and two new additions, one to the rear of the building and a drive-through window pop-out on the northern elevation, totaling 448 square feet, will be constructed in a manner compatible and complimentary to the existing structure. The proposal also includes new on-site landscaping and striped parking areas that will significantly improve the appearance of the property.

CONDITIONAL USE PERMIT

As previously mentioned, restaurants with drive-through facilities are a conditionally permitted use in the C-4 district, pursuant to Sections 18.156.360 and 18.96.070 of RMC. The proposed project will increase the structure footprint by approximately four hundred forty eight (448) square feet, through an addition to the rear of the structure and a pop-out drive-through service window on the northern elevation. The existing structure has been operating as a restaurant since 1960, and with a drive-through facility since approximately 1982. The applicant is proposing to revise the previous approval and remodel the original structure. The operational characteristics of the use will remain as previously approved. . The proposed development will be consistent with all development standards for the C-4 land use district and specific development standards included in Section 18.156.370 of the RMC. These standards pertain to parking and building setbacks, as well as the allowable floor area ratio and lot coverage. The following table describes how the project relates to each of these specific development standards:

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Development Standard Limits/Requirement Proposed

Front Building Setback 0 feet

10 feet to wall* 1 foot to roof

overhang*

Side Setback 0 feet 15 feet

Rear Setback 0 feet 54 feet

Lot Coverage 50% 11.1%

Floor Area Ratio 0.30 0.11

Building Height 0** feet 16 feet

*Existing condition. No change proposed.

**Section 18.96.120 states that there is no height limit in the C-4 zone, except that the relationship between building floor area and lot area shall not exceed four (4) square feet of total floor area for each one square foot of total lot area, which does not apply in this case.

The proposed building meets or exceeds all applicable development standards for the site. The Municipal Code includes additional provisions for the screening of roof-mounted mechanical equipment and exterior lighting. Staff has conditioned the project accordingly. Revision 2

Conditional Use Permit No. 341 (Revision 2) incorporates the conditions of approval and on-site improvements, including landscaping and parking lot striping, previously reviewed and approved by the Planning Commission on May 13, 2014. The building additions proposed for the existing structure provide a similar building placement on the parcel as the structure approved under Conditional Use Permit No. 341 (Revision 1). As such, the layout and improvements proposed for the site remain the same. Aside from the preservation of the existing structure, a notable alteration to the existing site plan layout include relocating the outdoor seating area from the rear of the structure, adjacent to the drive-through aisle, to the front of the structure, under the existing canopy. Several Conditions of Approval, included under Revision 1 have been incorporated into the site plan for Revision 2, including the addition of landscaping diamonds, the removal of synthetic turf and Desert Museum Palo Verde from the landscaping pallate, and a note specifying the intention to attempt to preserve the existing eucalyptus trees on-site. Previous conditions of approval that were applicable to the design of the proposed structure, under Revision 1, that are no longer applicable to the design provided in Revision 2, have been removed. These include a requirement for light or red-toned brick veneer, because the Revision 2 design will preserve the red brick original to the structure, and a requirement for canopies and solar shades of light color tones, which were intended to match the previous design and are no longer proposed under Revision 2.

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in the attached letter from Architectural Resources Group, Inc., dated January 12, 2015. These include a condition to repair historic features and materials rather than replace them, when possible, recommending consultation with a preservation architect in the case of replacement of any deteriorated materials, and a condition on utilizing the gentlest means of surface cleaning of the structure, if appropriate, recommending consultation with an architectural conservator for recommendations of appropriate cleaning methods, if needed.

Parking and Circulation

The proposed project would provide fifteen (15) striped parking spaces, including on van accessible ADA compliant parking stall and three (3) employee-designated stalls located north of the proposed building, accessible through the drive-through aisle. Section 18.164.240(A) of the Redlands Municipal Code requires a parking ratio of one space for each three (3) seats or one space for each fifty (50) square feet of serving area, and one space for each two (2) employees. The proposed floor plan allocates 550 square feet for dining, or serving, requiring twelve (12) parking stalls. The site plan provides three (3) employee parking stalls, which based off of the required ratio of one space for each (2) employees, would accommodate a maximum shift size of six (6) employees. As fifteen spaces (15) are provided and fourteen (14) spaces are required the proposed plan meets and exceeds minimum parking requirements.

Access to the site is provided by two existing driveway entrances, one along Clark Street, and one along Redlands Boulevard, south of the proposed building. These driveways will be modified to meet current commercial driveway standards. Vehicles will access the drive-through lane at the rear of the building. The drive-through lane wraps around the rear and north sides of the building to the drive through window in the northwestern portion of the building, and exit from an exit-only driveway onto Redlands Boulevard. The drive-through configuration and window location is similar in placement to the existing circulation and drive-through window locations as utilized on the existing site. The drive-through lane is designed to accommodate the stacking of six vehicles from the drive-through window, meeting the six (6) vehicle stacking requirement, in Section 18.164.240(A) of the Redlands Municipal Code. The site plan includes an approximately 57 square foot addition to the north side of the existing building to accommodate a drive-through window that more safely accommodates drive-through circulation and traffic, allowing vehicles receiving and paying for food and drink items to be located approximately twenty (20) feet further back from the public right-of-way conditions than existing conditions provide.

Landscaping

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Chapter 18.168 of the Redlands Municipal Code (RMC). The conceptual landscaping plan accommodates a total of twenty two percent (22%) landscaping of the total site which exceeds the minimum requirement of fifteen percent (15%) for drive-through facilities, as listed in Section 18.156.370(D)(2) of the RMC. With respect to landscaping in the parking lot area, seven percent (7%) of the total parking area must be landscaped; the project provides approximately 19.6% landscaping within the parking lot, exclusive of landscaping planters less than five (5) feet in width, which significantly exceeds the requirement. Section 18.156.370(D)(1) of the RMC requires a ten (10) foot landscaping planter adjacent to streets, and a five (5) foot planter along internal property lines. The design of the project accommodates an average of ten (10) feet for landscaping setbacks, varying in depth, along Redlands Boulevard and Clark Street and a five (5) foot planter along the rear and internal side property lines.

To conceptual landscaping plans indicates that existing palm trees will be removed to accommodate the construction of new landscaping planters and bio-retention areas. In addition, in response to comments received by the Planning Commission for Conditional Use Permit No. 341 (Revision 1) on May 13, 2014, the applicant plans to protect two (2) mature eucalyptus trees located adjacent to the eastern property line. Pursuant to the conceptual landscaping plan, an arborist will be on-site during excavation and pavement base and wall foots will be modified as needed to protect root structures. The Planning Commission added Condition of Approval No. 14(m) on May 13, 2014 to Conditional Use Permit No. 341 (Revision 1), reading: “Every effort shall be made to retain and incorporate the existing eucalyptus trees into the landscaping on-site. Only if the trees cannot be left in place shall they be replaced, pursuant to the conceptual landscape plan and conditions of approval.”

With the implementation of the proposed landscaping plan, twenty-eight (28) trees will be planted for the project; thirteen (13) more trees than presently exist on-site, and six (6) more than proposed under Conditional Use Permit No. 341 (Revision 1). The Redlands Municipal Code requires the placement of one (1) tree per three (3) parking spaces and at twenty (20) foot internals along the periphery of the parking area. Additionally, 50% of all parking area trees must be evergreen and tree ratios must include 50% 15-gallon trees, 25% 24-inch box trees and 25% 36-inch box trees. The landscape plan is designed to comply with these standards.

The landscaping plan is comprised of a diverse combination of tree, shrub, and groundcover species and materials. The parking lot and perimeter trees consist of Brisbane Box, Desert Willow Pittosporum, “Forest Pansy” Redbud (Eastern Redbud), and Weeping Bottlebrush. All of these species, with the exception of the Desert Willow Pittosporum, appear on the Planning Commission’s list of recommended trees for parking areas. Five (5) Desert Willow Pittosporum (Pittosporum Phillyreoides) trees are proposed

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on the site; two (2) located in the landscaping planter at the end of a row of parking, two (2) along the northern elevation of the building, and one at the end of the aisle of employee parking stalls, adjacent to the exit-only driveway at Redlands Boulevard. This species is a drought-tolerant evergreen variety, growing from twelve to twenty (12-20) feet in height. It’s exclusion from the Planning Commission’s list may be due to the fact the species is known to have a slower growth rate, however, the applicant is proposing a twenty four inch (24”) box size. The same species was proposed, reviewed, and approved by the Planning Commission as part of the conceptual landscape plan for Conditional Use Permit No. 341 (Revision 1).

Shrubs included on the conceptual landscaping plan include: Variegated Bougainvillea, ‘Wichita Blue’ Juniper, ‘Thunder Cloud’ Violet Silverleaf and California Wild Rose, similar to the previous approved conceptual landscaping plan under Revision 1. Staff has provided a condition of approval that states that the applicant shall install and maintain a landscaping buffer consisting of a heavy continuous hedge row along Clark Street and Redlands Boulevard to ensure that the parking lot is screened from the public right-of-way.

Groundcovers included on the conceptual landscaping plan include: Berkeley Sedge, Orange Lantana, Purple Muhly Grass, Red Carpet Rose and Star Jasmine. Additionally, the applicant has proposed high quality synthetic turf as an accent in areas of landscaping planters most prone towards pedestrian shortcuts, to provide a lush green accent that will hold up to pedestrian travel.

Architecture

The proposal includes the rehabilitation of the existing structure. Two additions are proposed to the existing structure to update the structure and increase functionality. This includes an approximately 392 square foot addition to the rear of the building, with a height of sixteen feet (16’). The height of the existing portion of the structure is approximately eleven feet (11’) to the top of the cantilevered roof. The new addition to the rear will include a parapet to screen relocated rooftop equipment, so that the structure will be in compliance with screening criteria contained within the Redlands Municipal Code. The existing building is oriented with a large glass storefront of ribbon windows facing Redlands Boulevard, adjacent a covered area beneath the roof overhang at the front of the façade. Maintaining the original configuration will allow outdoor seating in front of the building, as opposed to at the rear of the building, the latter proposed under the previous revision to Conditional Use Permit No. 341. Planter boxes will be provided at the front of the building, between the sidewalk and the structure, under the covered roof, to provide an element of decorative landscaping and a protected seating area, inviting for customers. The building will utilize stucco painted in Dunn Edwards “White Heat”, with an accent of

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“Irish Beauty” green, along the cantilevered roof at the front façade. The existing red brick, presently used as an accent on the existing building’s north and south elevation will remain. However, in the case of the deterioration of any brick in the course of construction, the applicant anticipates to utilize a matching “Red Antik Brick”, to preserve the original appearance of the building. The 1982 addition, to the rear of the original structure, will be outfitted with aluminum storefront and glass windows on the southern elevation. Glass doors will be added on both the northern and southern elevations, with entry into the dining area. Existing materials on the original portion of the structure will be preserved to the maximum extent possible, including the smooth stucco, unpainted brick, and mosaic tile beneath the counter on the west elevation.

Operational Characteristics

On May 13, 2014, the Planning Commission amended Condition of Approval No. 5 of Conditional Use Permit No. 341 (Revision 1) to read “[t]he hours of operation of the lobby/store will not exceed 4:30 A.M. to 2:30 A.M., with twenty-four (24) hour drive-through service, subject to review and concurrence with the Police Department.” The Operational Characteristics are not proposed to change under Revision 2. The primary activity of the Starbucks store will include the retail sales of beverages, food items, and coffee and tea-related accessories, and will generally occur inside the enclosed building with the exception of drive-through service. The Starbucks store and drive-through is anticipated to generate approximately thirty (30) part-time jobs with four (4) employees expected on the largest shift, varying throughout the year. On-site parking has provided to accommodate a maximum of six (6) employees on the largest shift, allowing flexibility to increase staffing when necessary.

Conditional Use Permit Findings

Before a Conditional Use Permit can be issued, four (4) specific findings are required to evaluate whether or not the conditional use permit should be approved. Chapter 18.192 of the Redlands Municipal Code governs these required findings, and are as follows: 1) That the proposed development will not adversely affect the applicable land use

plans of the city;

Response: The proposed project will not result in any changes to applicable land use plans. The property is developed with an existing restaurant with drive-through service and the rehabilitation of the building, and the 448 square foot expansion, will facilitate additional retail, preparation, and storage area for the facility. No change of use is proposed. The use of a drive-through restaurant is a conditionally permitted use in the C-4 (Highway Commercial) District.

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2) That the proposed development will not be detrimental to the public health, safety and welfare;

Response: The rehabilitation and 448 square foot expansion of the restaurant with drive-through service would improve upon an existing service that is desirable and essential for the convenience of the surrounding area while also significantly improving the appearance of the site. The use would not have a detrimental effect on the surrounding properties as the activities are conducted primarily indoors, with exception of drive-through service, and the use is located on a property that is zoned for highway commercial uses, and surrounded by similar uses on three sides. Additionally, the project has been conditioned so as to not create noise impacts on the adjacent residence to the east with the construction of a new block wall for sound attenuation. The site will provide sufficient parking for customers and employees in coordination with the building design. Therefore, the proposed development will not be detrimental to the public health, safety and welfare. 3) That the proposed development will comply to the maximum extent feasible with the

regulations of the city's general plan, the applicable zoning district and the city's development standards;

Response: The proposed use is consistent with the Commercial land use designation of the General Plan as well as meets or exceeds the development standards in the C-4 (Highway Commercial) zoning district. The subject site is adequate in size and shape to accommodate the use and specific development standards for drive-through service establishments. The project will comply with all applicable development standards, and will exceed minimum parking and landscaping requirements.

4) That the proposed development is appropriate at the proposed location.

Response: The subject site is previously developed with a drive-through restaurant. The addition to the existing structure will meet all applicable setback, lot coverage and building height requirements for the C-4 (Highway Commercial) land use district. The property is located adjacent to a major arterial street with a commercial area. The building addition will have a negligible impact on traffic as the use presently exists on the property and the minor expansion to the building area will be primarily utilized by employees or customers already on the property to purchase food and drinks.

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ENVIRONMENTAL REVIEW

Staff has determined that the proposed facility is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301(e)(1) of the CEQA Guidelines. This section pertains to additions to existing structures that do not result in an increase of more than fifty percent (50%) of the floor area of the structure, before the addition. The existing structure is approximately 1,346 square feet in size. The addition of 448 square feet will constitute an addition in floor area of approximately thirty three percent (33%).

As previously mentioned, the property is eligible as a historic resource based on “building type” pursuant to the criteria established in Section 15064.5 of the California Environmental Quality Act Guidelines based on the evaluation completed by Architectural Resources Group, Inc, dated August 6, 2014. As such, a letter has been provided by Architectural Resources Group, Inc., dated January 12, 2015, which states that they have reviewed the proposed project, which includes the rehabilitation of an existing walk-up/drive-through restaurant and its conversion into a Starbucks Coffee retail location, and finds that it “complies with The Secretary of the Interior’s Standards for Rehabilitation.” Therefore, the proposed project will not cause a substantial adverse change in the significance of a potential historical resource and by complying with The Secretary of the Interior’s

Standards for Rehabilitation shall be considered as mitigated to a level of less than a

significant impact on the historical resource. RECOMMENDATION

Based on the above analysis and the following findings, staff recommends that the Planning Commission approve Conditional Use Permit No. 341 (Revision No. 2) subject to the attached conditions of approval.

Environmental Motion:

“I move to determine that Conditional Use Permit No. 341 (Revision No. 2) is categorically exempt from the California Environmental Quality Act, pursuant to Section 15301(e)(1) of the CEQA Guidelines.”

Conditional Use Permit

“I move that the Planning Commission approve Conditional Use Permit No. 341 (Revision No. 2) based on the following findings, and subject to the attached Conditions of Approval: 1. The proposed project will not result in any changes to applicable land use plans.

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the rehabilitation of the building, and the 448 square foot expansion, will facilitate additional retail, preparation, and storage area for the facility. No change of use is proposed. The use of a drive-through restaurant is a conditionally permitted use in the C-4 (Highway Commercial) District; and

2. The project would not have a detrimental effect on the surrounding properties as the activities are conducted primarily indoors, with exception of drive-through service which is already occurring on the property. The project is surrounded primarily by similar uses and has been conditioned so as to not create noise impacts on the adjacent residence to the east. The site will provide sufficient parking for customers and employees in coordination with the building design. Therefore, the proposed development will not be detrimental to the public health, safety and welfare; and 3. The proposed use is consistent with the Commercial land use designation of the

General Plan as well as meets or exceeds the development standards in the C-4 (Highway Commercial) zoning district. The subject site is adequate in size and shape to accommodate the use, and specific development standards for drive-through service establishments. The project will comply with all applicable development standards and will exceed minimum parking and landscaping requirements.

4. The subject site is previously developed and has been utilized with a drive-through restaurant. The 448 square foot addition will meet all applicable setback, lot coverage and building height requirements for the C-4 (Highway Commercial) land use district. The building addition will have a negligible impact on traffic as the use presently exists on the property and the minor expansion to the building area will be primarily utilized by employees or customers already on the property to purchase food and drinks.

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DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION

CONDITIONS OF APPROVAL AND DEVELOPMENT INFORMATION FOR CONDITIONAL USE PERMIT NO. 341 (REVISION NO. 2)

Date of Preparation: January 16, 2015

Planning Commission Date: February 10, 2015

Applicant: PACIFIC AMERICAN DEVELOPMENT, LLC Location: 625 E. Redlands Boulevard

1. The issuance of any permits shall comply with all provisions of the Redlands Municipal Code.

2. Unless construction has commenced pursuant to a building permit, or a time extension is granted in accordance with Code, this application shall expire two (2) years from the date of Planning Commission approval, or February 10, 2017. 3. No Certificate of Occupancy shall be granted until all conditions of approval have

been satisfied.

4. This approval is for a Conditional Use Permit to modify the approval for a retail coffee shop with drive-through service by restoring and constructing a 448 square foot addition to an existing 1,346 square foot building in lieu of a new building on a 16,091 square foot parcel, with related parking and landscaping improvements, located at 625 Redlands Boulevard in the C-4 (Highway Commercial) District.

5. The hours of operation of the lobby/store will not exceed 4:30 A.M. to 2:30 A.M. with twenty-four (24) hour drive-through service, subject to review and concurrence with the Police Chief.

6. All plans submitted to the City shall reflect all Planning Commission approvals and any other changes required by the Commission and/or staff. This condition applies to site plans, landscape plans, elevations, grading, and all other illustrations, text, or plans submitted to the City in connection with the project.

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7. The applicant shall not make any modifications or changes during construction that are in conflict or contrary to the project’s approved site design, grading plan, landscape plan, or building elevations without first consulting with the Development Services Director or his designee.

8. All on-site utilities shall be placed underground. Plans shall be submitted that detail the undergrounding of all on-site utilities, subject to review and approval by the Development Services Director, prior to the issuance of building permits. 9. Prior to the issuance of building permits, the applicant shall submit plans

detailing that roof screening shall be of adequate height to screen any roof-top equipment from public view on all sides subject to review and approval of the Development Services Director. Screening of air conditioning and other equipment on the building shall be incorporated into or be compatible with the architectural design of the buildings. All equipment shall be screened from view of Redlands Boulevard and Clark Street.

10. Ground mounted equipment shall be screened from public view on all sides, subject to review and approval by the Development Services Director, prior to the issuance of building permits.

11. Transformer cabinets and commercial gas meters shall not be located within required setbacks and shall be screened from public view either by architectural treatment or with landscaping. Multiple electrical meters and panels shall be fully enclosed and incorporated into the overall architectural design of the building(s). Backflow preventers shall be enclosed with landscaping that will provide complete screening upon maturity. The location and method of enclosure or screening of this equipment shall be shown on the construction plans and landscape plans prior to building permit issuance. Location of said equipment shall be coordinated with appropriate utility company (i.e., Southern California Gas Company or Southern California Edison Company). The applicant shall submit plans showing details of screening subject to review and approval by the Development Services Director, prior to issuance of building permits.

12. The project site shall be kept in a weed and dust free condition throughout all periods of development.

13. The applicant shall prepare plans that include a trash enclosure and/or trash compactor(s) on-site as specified by the Municipal Utilities & Engineering

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Department. Trash enclosure design and location shall be subject to review and approval by the Municipal Utilities & Engineering Director and Development Services Director prior to issuance of building permits. Trash storage areas shall be completely enclosed with solid masonry walls that have a decorative block and cap and solid metal gate. The exterior design and finish of the trash enclosure shall be designed to match or be compatible with the structures on site.

14. The Final Landscape Plans shall incorporate the following:

a. The landscape plan shall comply with all requirements for landscaping in parking lots pursuant to Chapter 18.168 of the Redlands Municipal Code. b. The landscape plans shall be detailed and show the specific distribution,

size, and amount of each species of trees, shrubs, and groundcover; c. No more than fifty percent (50%) of the trees shall be 15 gallon in size,

twenty-five percent (25%) shall be 24-inch box in size, and twenty-five percent (25%) shall be 36-inch box in size. All trees shall meet the following minimum caliper sizes. If the caliper size cannot be met at the container size then the developer shall increase the container size to meet the required caliper.

15-gallon: 3/4" to 1" 24-inch box: 1-1/4" to 1-3/4" 36-inch box: 2-1/2" to 2-3/4"

d. The Landscape Plan shall show concrete mow strips to separate turf from other ground surfaces;

e. All trees shall be a minimum of 15-gallon size and be double staked. Arbor guards shall be provided on all trees planted in turf areas;

f. The landscape plans shall identify measures such as root barriers and deep watering to be utilized to minimize heaving of parking lot pavement by tree roots;

g. An automatic irrigation system shall be utilized to irrigate the site’s approved landscape design.

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planters at each end of an aisle, at three (3) space intervals throughout the parking area, and at twenty foot (20') intervals along the periphery of the parking area. Within parking areas, trees may be clustered in groups to achieve a more natural setting provided the total number of trees meets the previous planting requirements.

i. A continuous row of shrubs along the parking lot, adjacent to Redlands Boulevard and Clark Street, shall be grown to and maintained at a minimum height of three feet to ensure screening of the parking lot from the public right-of-way.

j. Every effort shall be made to retain and incorporate the existing eucalyptus trees into the landscaping on-site. Only if the trees cannot be left in place, under assessment of an arborist, shall they be replaced by trees species within the approved tree pallate, in the conceptual landscaping plans. 15. The Landscape and Irrigation Plans shall be approved by the following City

departments, prior to the issuance of building permits:

 Submit Landscape and Irrigation Plans with each copy of the construction plans for plan check to the Development Services Department, Building & Safety Division, for distribution to other departments and for review and approval by the Development Services Director.

 The Landscape and Irrigation Plans shall be subject to review and approval by the Municipal Utilities & Engineering Director and the Development Services Director for compliance with the Water Efficient Landscape Ordinance No. 2724 (Also known as Chapter 15.54 of the RMC).

16. The landscape architect responsible for the design of the project’s landscape plan shall review and certify, prior to a request by the applicant for a final occupancy inspection, that the installed landscaping meets the specifications of the approved landscape plan, except as modified in the conditions of approval. 17. The evergreen trees, as identified on the landscape plan, are to be maintained and the trimming or maintenance of them shall serve the purpose to bring them into a full canopy-type configuration which is the intent of this approval.

18. All lighting within the parking lot areas shall be of a design that directs the light beam downward and not outward. In addition, any lighting attached to the building shall be shielded to prevent light and glare from projecting horizontally

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or outward.

19. A photometric analysis shall be submitted and approved by the Development Services Department prior to the issuance of building permits, to ensure sufficient light coverage in the parking lot for safety. The illumination within the parking lot shall be a minimum of 0.5 foot candle and illumination along property lines of the project site shall not exceed 0.5 foot candle, except that the illumination along the eastern property line of the project site shall not exceed 0 foot candle. Walkway lighting shall have a maximum height of 12 feet and all parking lot lighting shall have a maximum height of 30 feet.

20. The business shall operate in full compliance with Chapter 8.06 of the Redlands Municipal Code, relative to the Community Noise Control ordinance, including applicable interior and exterior noise limits, to ensure that the use does not create a noise disturbance across a residential property line. Noise producing equipment shall be acoustically insulated to prevent impacts on adjacent residential uses and/or sensitive receptors. The location of such equipment shall be shown on the site plan and shall be subject to review and approval by the Development Services Director, prior to issuance of building permits. The plans shall also detail any noise reduction measures taken.

21. Pursuant to Government Code Section 66020(d), certain fees, dedications, reservations or exactions imposed by the City as a condition of approval of this project are subject to a statutory ninety (90) day protest period. Please be advised that the ninety (90) day protest period for those fees, dedications, reservations and exactions which are subject to Government Code Section 66020(a) has commenced to run on the date this project was approved by the City.

22. The property owner and applicant and their successors and assigns, shall defend, by paying for the defense costs of the City of Redlands (for counsel retained by the City), indemnify and hold harmless the City of Redlands, and its elected officials, officers, employees, and agents, from and against any and all claims, actions, and proceedings (collectively “Claims”) to attack, set aside, void or annul the approval of this Conditional Use Permit by the City, or Claims brought against the City due to acts or omissions in any way connected to the applicant’s project that is the subject of this permit. This indemnification shall include, but not be limited to, damages, fees, costs, liabilities, and expenses incurred in such actions or proceedings, including damages for the injury to property or persons, including death of a person, and any award of costs or attorneys’ fees. In the event any such action is commenced to attack, set aside,

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void or annul all, or any, provisions of this permit, or is commenced for any other reason against the City for acts or omissions relating to the applicant’s project, within fourteen (14) City business days following notice of such action from the City, the applicant shall file with the City a performance bond or irrevocable letter of credit, or other form of security satisfactory to the City (the “Security”) in a form satisfactory to the City, and in the amount of $300,000, to ensure applicant’s performance of its defense and indemnity obligations under this condition. The Security amount shall not limit the total indemnity obligation of the applicant pursuant to this condition. The failure of the applicant to provide the Security shall be deemed an express acknowledgement and agreement by the applicant that the City shall have the authority and right, without objection by the applicant, to revoke all entitlements granted for the project pursuant to this permit. The City shall have no liability to the applicant for the exercise of City’s right to revoke this permit.

23. Bicycle racks or secured lockers at a rate of one per thirty (30) parking spaces with a minimum of a three (3) space bicycle rack shall be provided on-site. 24. Exterior fire and/or mechanical equipment shall be appropriately screened or

painted to match the building color, except for equipment designed by the Fire Chief as being exempt from this requirement.

25. An “Automatic Volume Control” device shall be installed on the speaker box in the drive-through to automatically adjust the speaker volume based on ambient noise levels, to reduce any noise impact to sensitive receptors.

26. There shall be a maximum seating capacity of thirty six (36) seats for the business establishment based on a calculation of three (3) seats for each twelve (12) non-employee parking stalls, or the applicant shall provide an alternative parking area subject to the requirements of Chapter 18.164 of the RMC. 27. The project’s construction activities shall be limited to the hours of 7:00 a.m. to

6:00 p.m. during the week and Saturday with no activities permitted on Sundays and Federal Holidays.

28. Solid masonry perimeter walls shall be constructed with decorative block and shall include a decorative cap. Any portion of masonry wall along the north property line, to remain, shall be rehabilitated, treated to match new masonry walls and the building, on both sides of the wall, and fit with a decorative cap. 29. Drought tolerant plants, in pots or planters, shall be provided throughout the

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outdoor seating area.

30. Deteriorated historic features and materials shall be repaired rather than replaced, when possible. Where the severity of deterioration requires replacement of a distinctive feature or material, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. Consultation with a preservation architect is recommended in the case of replacement of any deteriorated materials.

31. The surface cleaning of structure, if appropriate, shall be undertaken using the gentlest means possible. Consultation with an architectural conservator for recommendations of appropriate cleaning methods is recommended, if needed.

Approved by:

Oscar W. Orci

References

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