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Public Hearing Item Continued PC Presentation 07.18.24City of Grand Terrace Planning Commission Continued Public Hearing From June 20, 2024 To Consider Revocation of Conditional Use Permit 19-01 That Entitled A Trailer/Container Storage Facility At 11731 Terrace Avenue, Grand Terrace / APNs 0275-191-06 and 0275-191-30) May 2, 2024 July 18, 2024 Planning Commission Public Hearing CUP 19-01 •After review and recommendation of numerous Conditions of Approval by the Grand Terrace Planning Commission, the City Council approved CUP 19-01 on August 25, 2020. •CUP 19-01 authorizes the development of a trailer/container storage facility for a maximum of 650 parking spaces for empty semi-trailers, shipping and storage containers, and cassis use. •Resolution No. 2020-32 approving CUP 19-01 is provided as Attachment 2 •Acceptance to the Conditions of Approval for CUP 19-01 is provided as Attachment 3 Background The Site consists of two parcels Zoned M-2 (“Industrial”) Zoning District with portions within the AG (“Agricultural”) Overlay District and FP (“Floodplain”) Overlay District Current Occupant/Business Operator Owner of the site is Grand T-1, LLC - Managers or members: Perry Storage, LLC O’Brien Land & Livestock, LLC  Patrick O’Brien, Manager/Member  George Q. McNeil, Manager/Member Graterra, LLC Operator at the site is TSG Fleet Services, LLC – Managers or members: Trace Haggard, Manager/Member Revocation of CUP 19-01 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. As such, the Director has initiated this Public Hearing before the Planning Commission to consider revocation of CUP 19-01 Grounds for Revocation of CUP 19-01 Pursuant to GTMC 18.83.080, 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. Ground for Revocation No. 1 Business operations outside of approved business hours The CUP approved business hours only on “Monday thru Friday from 7:00 a.m. to 8:00 p.m.” – and explicitly provided that “No business activities shall be conducted after 10:00 p.m. except for emergency purposes only.” Business activities have been confirmed on weekends, as well as on weekdays between 8:00 p.m. and 7:00 a.m. Violation of Conditions of Approval #s 3, 12, 24, and 38 Ground for Revocation No. 2 Unpermitted truck storage at Site CUP 19-01 authorizes only the storage of “empty semi-trailers, shipping and storage containers, and chassis use” 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 permissible conditional use pursuant to GTMC 18.40.030. April 24, 2024, City inspectors confirmed that commercial box-type trucks and tractor trucks parked and/or stored at the Site. Violation of Conditions of Approval #s 1, 12, and 38, and GTMC §18.40.020 (“M2 Industrial District: Permitted Uses”) Ground for Revocation No. 2 (Cont.) Unpermitted truck storage at Site Ground for Revocation No. 3 Lack of Required Certificate of Occupancy On July 28, 2022, City issued a Temporary Certificate of Occupancy for the prefabricated office building at the Site - which was valid only for 45 days. A permanent Certificate of Occupancy has not been issued for the building. Violation of Conditions of Approval #s 12, 16, 38, and 39, and Grand Terrace Building Code §111 .1 (“Change of Occupancy”) Ground for Revocation No. 3 (Cont.) Lack of Required Certificate of Occupancy Ground for Revocation No. 4 Unapproved re-fueling activities (including storage of fuel and re-fueling of vehicles and/or equipment) The storage of fuel and/or re-fueling activities were not approved uses pursuant to CUP 19-01. Moreover, GTMC 18.40.040 explicitly prohibits “the storage of hazardous and/or flammable material” at the Site. August 2022, City was made aware of above-ground fuel pumps at the Site without required approval from the City and regulatory agencies and City contacted property owner's team. Ground for Revocation No. 4 (Cont.) Unapproved re-fueling activities (including storage of fuel and re-fueling of vehicles and/or equipment) In August 2022, City was made aware of above-ground fuel pumps at the Site without required approval from the City and regulatory agencies and City contacted property owner's team. Fuel pumps were apparently removed, and TSG Fleet Services commenced utilizing mobile fuel storage containers/pumps located inside of truck trailer. 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”) Ground for Revocation No. 4 (Cont.) Unapproved re-fueling activities (including storage of fuel and re-fueling of vehicles and/or equipment) Ground for Revocation No. 5 Failure to submit “Project Delivery Staging and Operating Schedule” Condition of Approval #23 requires the applicant to provide to the City for review and approval a “Project Delivery Staging and Operating Schedule” to avoiding stacking of trucks and trailers at major City intersections on a quarterly basis for the first three calendar years of operation. To date, the required Staging and Operating Schedule on the required quarterly basis was not submitted. Violation of Condition of Approval # 23 Ground for Revocation No. 6 Failure to submit “Security Camera Plan” Condition of Approval #46 requires the applicant to submit to the City for review and approval 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.] Violation of Condition of Approval # 46 Public Notice for Continued June 20 Meeting 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 Input Juanita Odenbaugh shared “IMG_2138” on 6.24.2024 Juanita Odenbaugh submitted email on 6.20.2024 Juanita Odenbaugh shared “IMG_2142/2137/2138” on 6.18.2024 Juanita Odenbaugh shared “August 6, 2022-1/-2” on 6.18.2024 Juanita Odenbaugh official statement shared 6.14.2024 Public Input Bobbie Forbes shared “TSG facility start September 2022 Zip File” on 6.10.2024 (IMG_2230/2231/2233/ 2234/2236/2238/2239/2240/2241/2243/2245/2246/2248/ 9384) Bobbie Forbes shared “TSG Feb 19, 2023 – Trucks parked on Barton at Terrace overnight Zip File” on 6.10.2024 (IMG_5098/5099/5100/5102) Bobbie Forbes shared “TSG February 2024 flooding, after hours activity Zip File” on 6.10.2024 (IMG_2761/2765/27672768/2770/2772/3136/3137/3138) Public Input Bobbie Forbes shared “TSG January 2024 after hours and stacking Zip File” on 6.10.2024 (IMG_1980/2183/ 2353/2358/2365) Bobbie Forbes shared “TSG July 12, 2023 Zip File” on 6.10.2024 (IMG_8403/8404/8406/8407/8410/ 8414/ 8419/8421) Bobbie Forbes shared “TSG Jun 8 & Jun 9, 2023 Zip File” on 6.10.2024 (IMG_7677/7679/7681/7684/7687/ 7689/7699/7701/7706) Public Input Bobbie Forbes shared “TSG June 9, 2023 Zip File” on 6.10.2024 (IMG_7677/7679/7681/7684/7687/7689/7690/ 7697/7699/7701/7706) Bobbie Forbes shared “TSG june 2023 Zip File” on 6.10.2024 (IMG_7534/7535/7537/7538/7540/7541/7542/ 7546/7551/7553/7557/7559/7560) Bobbie Forbes shared “TSG March 2024 after hours, damaged vivienda ave Zip File” on 6.10.2024 (IMG_3672/3674/3678/3679/3711/3720/3723/3953/4075 /4084/4233) Public Input Bobbie Forbes shared “TSG May 2024 after hours Zip File” on 6.10.2024 (IMG_5054/5136/5139/5283) Bobbie Forbes shared “TSG Nov 22, 2023 – Truck lost on Burns & Vivienda Zip File” on 6.10.2024 (IMG_0957) Bobbie Forbes shared “TSG Oct 2022 Zip File” on 6.10.2024 (IMG_2736/2740/2742) Bobbie Forbes shared “TSG Oct 2023 Zip File” on 6.10.2024 (IMG_0226/0227/0229) Bobbie Forbes shared “7-12-2020 JPG File” on 6.10.2024 Public Input Bobbie Forbes shared “TSG April 2023 Zip File” on 6.10.2024 (IMG_6617/6618/6619/6620/6623/6624) Bobbie Forbes shared “TSG April 2024 after hours Zip File” on 6.10.2024 (IMG_4713/4872/4908) Bobbie Forbes shared “TSG December 28, 2023 – Stacked trailers & after hours Zip File” on 6.10.2024 (IMG_1892/1894/1897/1902/1905) Bobbie Forbes shared “TSG stacked trailers & night activities Zip File” on 6.10.2024 (IMG_1892/1894/1897/1902/1905) Public Input Bobbie Forbes shared “TSG stacked trailers & night activities Zip File” on 6.10.2024 (IMG_1892/1894/1897/ 1902/1905) A petition to the City in support of revocation of CUP was submitted on 6.20.2024 with 43 signatures Rutan & Tucker Letter via email 6.19.2024 requesting continuance Watts Law Letter vie email 6.19.2024 requesting continuance Thank you for your consideration. July 18, 2024 Planning Commission Public Hearing Planning Commission Continued Public Hearing From June 20, 2024 To Consider Revocation of Conditional Use Permit 19-01 That Entitled A Trailer/Container Storage Facility At 11731 Terrace Avenue, Grand Terrace / APNs 0275-191-06 and 0275-191-30)