2017-09 RESOLUTION NO. 2017-09
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE, CALIFORNIA, REVOKING ADMINISTRATIVE
CONDITIONAL USE PERMIT 05-07 PURSUANT TO SECTION
1.8.84.070 (REVISIONS AND MODIFICATIONS) AND SECTION
18.83.080 (REVOCATION) OF THE GRAND TERRACE ZONING CODE
WHEREAS, CB Tyres is a waste tire collection facility located at 21801 Barton
Road, #D. The business receives used tires from various sources, sorts and transports
them to receiving facilities.
WHEREAS, in 2000, Land Use 00-62 was.granted to CB Tyres to allow the tire
collection and transfer business.
WHEREAS, in 2004, pursuant to Chapter 18.84 (Administrative Conditional Use
Permits) of the Zoning Code, Administrative CUP 04-04 was approved. This approval
included relocation of the use to the west end of the property, and certain conditions of
approval. .
WHEREAS, on August 25, 2005, Administrative Conditional Use Permit 05-07
was approved for CB Tyres. This approval included twelve conditions of approval.
WHEREAS, the California Department of Resources Recycling and Recovery's
(CalRecycle) Tire Hauler Compliance Unit determined CB Tyres to be operating without
the benefit of a permit and is taking steps to gain compliance.
WHEREAS, CalRecycle inspected CB Tyres on April 20, 2016, May 23, 2016,
and August 11, 2016. Each time CB Tyres was in violation of CalRecycle regulations.
WHEREAS, on September 14, 2016, CalRecycle issued a Clean Up and
Abatement Order, to clean and abate the site by October 14, 2016, and the business
owner has not complied with the Order.
WHEREAS, on July 28 2016, the Grand Terrace Code Enforcement Division
conducted an inspection and determined that CB Tyres was operating in non-
compliance with the established Conditions of Approval for ACUP 05-07.
WHEREAS, on August 12, 2016, CB Tyres was issued a citation by the Grand
Terrace Code Enforcement Division and has received weekly citations due to ongoing
non-compliance with the established Conditions of Approval.
WHEREAS, on March 15, 2017, the Grand Terrace Code Enforcement Division
conducted an inspection and determined that CB Tyres was still operating in non-
compliance with the established Conditions of Approval for ACUP 05-07.
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�i WHEREAS, on March 15, 2017, the San Bernardino County Fire Protection
District, Community Safety Division, conducted an on-site inspection and issued a
Notice of Violation for non-compliance with California Fire Codes.
WHEREAS, on April 3, 2017, San Bernardino County Mosquito and Vector
Control conducted a site inspection, observed breeding mosquitos and issued a Notice
of Violation.
WHEREAS, pursuant to Section 18.84.070 (Revisions And Modifications) and
Section 18.83.080 (Revocation) of the Grand Terrace Zoning Code, the City has the
authority to consider modification or revocation of a conditional use permit.
WHEREAS, on March 16, 2017, the Planning Commission of the City of Grand .
Terrace conducted a duly noticed public hearing on Administrative Conditional Use
Permit 05-07, at Grand Terrace City Hall Council Chambers located 22795 Barton Road
and continued the hearing to April 6, 2017.
WHEREAS, on April 6, 2017, the Planning Commission of the City of Grand
Terrace continued the public hearing at the Grand Terrace City Hall Council Chambers
located 22795 Barton Road and concluded the hearing on that date, and voted 5-0
recommending City Council revocation of Administrative Conditional Use Permit 05-07.
WHEREAS, on April 25, 2017, the City Council of the City of Grand Terrace
continued the public hearing at the Grand Terrace City Hall Council Chambers located
22795 Barton Road and concluded the hearing on that date.
WHEREAS, all legal prerequisites to the adoption of this Resolution have
occurred.
NOW THEREFORE, it is hereby found, determined, and resolved by the City
Council of the City of Grand Terrace, as follows:
1. The City Council hereby specifically finds that all of the facts.'set forth in
the above Recitals, are true and correct.
2. The City Council finds that pursuant to Section 18.84.070 (Revisions and
Modifications) and Section 18.83.080 (Revocation) of the Grand Terrace
Zoning Code, the City Council has the authority to cause the revocation of
a conditional use permit.
3. The City Council finds that CB Tyres is operating in noncompliance with
the established Conditions of Approval for ACUP 05-07, as follows:
a. Condition No. 1: In no instance shall the number of tires stored on the
ground at the end of the work day exceed 499. CB Tyres has been
out of this condition since April 20, 2016, pursuant to the California
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Department of Resources Recycling and Recovery's enforcement
actions, and since July 28, 2016, pursuant to the City of Grand
Terrace's code enforcement actions.
b. Condition No. 3: There shall be no storage or parking of junked,
damaged or abandoned vehicles, trailers or RV's on the site of the tire
operation at any time. All vehicles parked or stored on the premises
must have a valid, current license and be in operable condition. The
operator has an inoperative vehicle on the property.
c. Condition No. 7: The applicant/operator of the tire recycling business
shall comply with all applicable requirements of the California
Integrated Waste Management Board at all times. The business
operator is not in compliance, as evidenced by the Cleanup and
Abatement Order issued by the California Department of Resources
Recycling and Recovery.
d. Condition No. 8; The applicant/operator of the tire recycling business
shall comply with all other applicable Local, State and Federal
regulations regarding the trucking operation and the handling of waste
tires. The business operator is not in compliance with this condition,
as identified in paragraphs 2.a and 2 c, above.
U
The business operator is not in compliance with California Fire Code
as evidenced by the Notice of Violation issued on March 15, 2017 by
the San Bernardino County Fire Department. The violations include
excessive tire storage, improper clearance from property lines,
excessive piles sizes without proper clearance, combustible
vegetation, inadequate fire apparatus access, failure to fence, and
insufficient water supply.
The business operator is not in compliance with San Bernardino
County Codes as evidenced by the Notice of Violation issued on April
3, 2017 by San Bernardino County Mosquito and Vector Control.
Violation includes allowing the breeding of mosquitos in waste tires.
4. The Council finds that the maintenance of the property is in such a
condition as to be detrimental to public health and safety, and constitutes
a public nuisance. The stockpiled waste tires are over the limit of 499
waste tires established by ACUP 05-07. CalRecycle estimated the number
to be 26,667 on April 20, 2016, 31,089 on May 23, 2016, and 16,267 on
August 11, 2016. Mr. Tejeda estimated to number approximately 30,000
on January 17, 2017.
The stockpile of tires is a public safety issue in violation of California Fire
Codes, as evidenced by the Notice of Violation issued to CB Tyres. The
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violations include excessive tire storage, improper clearance from property
lines, excessive piles sizes without proper clearance, combustible
vegetation, inadequate fire apparatus access, failure to fence, and
insufficient water supply.
The operator has allowed the waste tires to create an environment for the
breeding of mosquitos constituting a public nuisance pursuant to San
Bernardino County Codes enforced by San Bernardino County Mosquito
and Vector Control. A Notice of Violation was issued by San Bernardino
County Mosquito and Vector Control.
5. The continued noncompliance ,creates a public nuisance in that the
stockpile of debris (waste tires) are stored on the property such that they
are visible from a public street. The stockpile is highly visible from Barton
Road, the City's main entry point into the City; and adjoining properties.
The visibility of the large stockpile of waste tires impact the aesthetics of
the community.
6. Based upon the above findings and determinations, this. City Council
hereby revokes Administrative Conditional Use Permit 05-07 pursuant to
Section 18.84.070 (Revisions and Modifications) and Section 18.83.080
- (Revocation) of the Grand Terrace Zoning Code.
PASSED AND ADOPTED by the Cit� Council of the City of Grand Terrace,
California, at a regular meeting held on the 25t day of April, 2017.
AYES: Council Members: Wilson, Hussey, Reinarz Mayor Pro Tern Robles Mayor
McNaboe
NOES:
ABSENT:
ABSTAIN:
ATTEST:
C nt is A. Fortune !Dar y ML�Nabo
Dep6ty City Clerk Mayo
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OFFICE OF THE CITY CLERK
& ELECTION OFFICIAL
DOCUMENT CERTIFICATION
The following is a full, true, and exact copy, Certified by my hand under penalty of perjury of
Resolution No. 2017-09 on file in my Office, which was approved by the City of Grand
Terrace, California, City Council, at its regular scheduled meeting held April 25, 2017.
Debra L. Thomas, CMC
City Clerk
City of Grand Terrace
Dated this 2nd day of May, 2017 at Grand Terrace California
City of Grand Terrace-22795 Barton.Road Grand Terrace,CA 92313 -909-824-6621 Ext. 230 Phone 909-783-2600 Fax