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08/20/1998ES GRAND TERRACE PLANNING COMMISSION MINUTES OF REGULAR MEETING AUGUST 20, 1998 The regular meeting of the Grand Terrace Planning Commission was called to order at the Grand Terrace Civic Center, 22795 Barton Road, Grand Terrace, California on August 20, 1998 at 7:00 p.m. by Chairwoman, Fran Van Gelder. PRESENT: Fran Van Gelder, Chairperson Doug Wilson, Commissioner Matthew Addington, Commissioner Mary Trainor, Commissioner Patrizia Materassi, Community and Economic Development Director Virgil Barham, Building and Safety/Public Works and Housing Director Hally Cappiello, Associate Planner Pat Peterson, CEDD Secretary ABSENT: Don Larkin, Commissioner 7:00 P.M. CONVENED SITE AND ARCHITECTURE REVIEW BOARD/ PLANNING COMMISSION MEETING Call to Order * Pledge of Allegiance led by Commissioner Huss * Roll Call PUBLIC PARTICIPATION: ADAM ORNELAS 16 HIGHLAND HIGHGROVE, CA He passed out to each commissioner and staff a copy of a letter dated September 30, 1997, from Associate Planner, Hally Cappiello, to Bruce Bushore, President of American Modular Structures, Inc. Mr. Ornelas complained strongly about a recent noise incident at American Modular Structures where he phoned the Sheriffs Dept. at 5:30 a.m. He said when the deputy responded and contacted those working at American Modular the noise ceased immediately. However, he does not believe he should have to call the Sheriffs Dept. He PLANNING COMMISSION MEETING MINUTES Page 2 August 20, 1998 wants the City to "do something" so that the management of American Modular gets the message they must conduct their business according to the conditions of approval set forth in CUP-88-17. Mr. Ornelas agreed to meet with City staff regarding his complaints and a pending code enforcement action against American Modular Structures, Inc. Staff will contact Mr. Ornelas to schedule a meeting. ITEM#1 PLANNING COMMISSION MEETING MINUTES - July 16, 1998 MOTION PCM-98-30 PLANNING COMMISSION MEETING MINUTES - July 16, 1998 Commissioner Addington made a motion to approve the Planning Commission Meeting minutes of July 16, 1998. Seconded by Commissioner Trainor. MOTION VOTE PCM-98-30 Approved. 4-0-0-1. Commissioner Larkin absent. ITEM #2 DU-98-03 EXPANSION MORATORIUM PENDING RESOLUTION OF SEWER AND WATER INFRASTRUCTURE ISSUES CITY OF GRAND TERRACE COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT THE TRIANGLE OF APPROXIMATELY 12 ACRES OF PROPERTIES BORDERED BY THE RIVERSIDE CANAL ON THE WEST, MAIN STREET ON THE SOUTH AND THE UNION PACIFIC RAIL ROAD RIGHT OF WAY ON THE EAST. (Specifically assessor's parcel numbers 277-061-57, 277-061-59, 277-061-60 and 277-071-16) Staff report was presented by Associate Planner Hally Cappiello. She referred Commission Members to the map in their report. The moratorium is proposed for four properties; tenants of subject properties include Country Wide Trucking, Golden Recycle, American Modular Structures, Inc. The fourth property is a railroad easement and is vacant. This moratorium is recommended by staff because of water and sewer infrastructure problems. Development and/or expansion of intensity of existing use or physical building expansion will be prohibited until proper infrastructure is in place to provide adequate fire flow and sewer connections. Four easements need to be 101 PLANNING COMMISSION MEETING MINUTES Page 3 August 20, 1998 recorded in order for the subject properties to be able to get adequate water. This strong moratorium policy is recommended by staff because of the on -going nature of the process. Tenants and land owners are aware of the situation yet there has been very slow progress in getting the easement issues resolved. One of these easements has been pending for four years. Current water and sewer infrastructure of the subject four properties is summarized as follows: Water Sewer Mid -Cal Express dba Adequate/no "will serve" No - Septic Country Wide Truck Serv. letter Golden Recycle Inadequate Yes - lateral only American Modular Inadequate No - Illegal hook up Structures, Inc. Riverside Co. No - Undeveloped railroad No - Undeveloped railroad Transportation easement easement Commission Staff indicated they will facilitate in the processes any way possible. They are in contact weekly with the City of Colton regarding status of the easement recordation. Director Materassi said the City may have liability problems because Golden Recycle and American Modular Structures have both expanded during the past 1% years without having the proper infrastructure in place. Staff has had complaints and is attempting to work with American Modular Structures regarding their increased intensity and the need for an amended CUP. She also expressed concern about sewer overflow and the adjacent proximity of the Riverside Canal to the West. Cumulatively, these issues produce a negative impact. Public Works Director, Virgil Barham, said the proper way to handle the sewer issues is to install a sewer main to service all of the subject properties. Director Materassi said she would like to see the property owners get together and submit a specific plan for the infrastructure. City staff will contact the City of Colton to request they extend the water line to each of the subject lots. Commissioner Trainor asked how the situation will be resolved - is there someone who has assumed a position of leadership? Director Materassi replied that Hood Communications, owner of the northern -most property, initiated the installation of water. However, the process was never completed. She said the City will coordinate the efforts, but must first have the expressed interest of property owners. If one property owner is not motivated to do the sewer improvements it may be further delayed. PLANNING COMMISSION MEETING MINUTES Page 4 August 20, 1998 7:30 P.M. PUBLIC HEARING OPENED Bruce Cash President, United Strategies, Consultants for American Modular Structures, Inc. 21516 Main St. Grand Terrace, CA He said the term "moratorium" may send the wrong message. He complimented the job staff has done working with the business and property owners of these parcels. He said he was formerly an officer and director of Hood Communications so he can contribute additional historical information about the properties. He said American Modular Structures has actually implemented a self-imposed moratorium. They were previously expanded out to Main Street, using the BFI property. In cooperation with the County Fire Department American Modular has elected to reduce operation and consolidate back to their original facility. He explained that three of the four easements concerned have been finalized. The fourth easement agreement was signed by the wrong people. He gave each Commission member a copy of a letter dated August 20, 1998, from Mr. Cash to the Colton Public Utilities asking for a right of entry. This emergency measure would allow American Modular to install a fire hydrant on the existing 8" water line (3,000 gallons per minute). Mr. Cash told the Commission he has attended three meetings with City staff, County Fire, City of Colton and various property owners. He said resolution of the issue of adequate water supply is very close. He urged that imposition of a moratorium is premature and suggested the moratorium be stayed for 60 days. Mr. Cash said his client, American Modular Structures, Inc., has initiated a letter of understanding. They proposed to the Fire Dept. design of a water line going to Main Street, providing a reliable water supply for all subject properties. He said he will continue to work fervently and diligently to get the right of entry from the City of Colton and get the fire hydrant installed. He said he did not know until this meeting that American Modular Structures has an illegal sewer hook up. Commissioner Wilson asked Mr. Cash why all four easements must be recorded simultaneously. Mr. Cash responded that the City of Colton will be recording the easements and they have elected to wait until all easements are ready. Mr. Cash asked the Planning Commissioners to wait 60 days to impose a moratorium. He said American Modular has no plan to expand. Commissioner Addington announced he was not aware United Strategies is a client of his firm CM Engineering. Therefore he abstained from further discussion and voting PLANNING COMMISSION MEETING MINUTES Page 5 August 20, 1998 under the Brown Act. He left the dais and was seated in the audience during this agenda item. Commissioner Trainor asked Mr. Cash what would be lost if the Commission voted to pass the moratorium and he continued to progress with the plans he has outlined for infrastructure during the next 60 days. He said imposition of a moratorium would suggest to the City of Colton there is no sense of urgency to resolve the water issue. He is concerned the City of Colton will not move as rapidly as possible if a moratorium is in place. Steve Anderson San Bernardino County Fire Dept. 385 N. Arrowhead San Bernardino, CA He said his responsibility is to support the City in public safety requirements and working with the business owners. He became involved in this case in January, 1998, at which time he attended a meeting at American Modular with City staff and Bruce Bushore, owner of American Modular. Fire flow testing was done which revealed it to be deficient. American Modular has since moved out of the building adjacent to Main Street, at the request of County Fire. He said he feels Bruce Bushore and Bruce Cash have worked diligently in trying to meet the needs of public safety. The position of the Fire Dept. is that no expansion would be allowed because of deficient fire flow. If American Modular is successful in getting that one fire hydrant installed, that will not satisfy County Fire Dept. needs. It would provide greater fire flow, however, it will exceed the 150' distance requirement. Mr. Cash's suggested fire hydrant is only a temporary solution. He said the property owner and Mr. Bushore have been advised of the distance requirements and future requirements for on -site protection. Until hydrants are installed within the distance requirements the County Fire Protection and Planning cannot approve any expansion of American Modular Structures, Inc. He concluded by saying City staff has been working very well in trying to give a solution to all parties to resolve the issues of public safety and water supply. Chairwoman Van Gelder asked what assurance the City has that Mr. Bushore and Mr. Cash will continue to work toward installation of a satisfactory permanent water system. Mr. Anderson said he has had phone conversations with both and they understand fully what the County Fire Dept.'s requirements are and the Fire Dept. could close down American Modular's business, in consideration of the community safety. He assured the City an on -site system will be installed shortly after the easement issues are resolved with cooperation of Mr. Cash and Mr. Bushore. Chairwoman Van Gelder asked Mr. Anderson if there were a fire at American Modular tomorrow who would be responsible. Mr. Anderson said Mr. Bushore and the County Fire Dept. would be responsible. There is enough fire flow to contain a fire within a PLANNING COMMISSION MEETING MINUTES Page 6 August 20, 1998 building but not enough to fight conflagration. There is currently 656 gallons per minute of fire flow. Chairwoman Van Gelder said she is concerned the City would ultimately be responsible to some measure. Mr. Anderson said he has stressed to Mr. Cash how important it is to resolve these water issues as soon as possible. Commissioner Wilson asked Mr. Anderson how an enforcement action by the County Fire Dept. would come about. Mr. Anderson replied an enforcement action involving court proceedings would take about 60 days. American Modular is already on notice so they are already within the 60 days window. 7:55 P.M. PUBLIC HEARING CLOSED Chairwoman Van Gelder said she does not believe the water issues will be completed within 60 days, and believes the City needs the moratorium as leverage to get the work done for liability protection. Commissioner Trainor said she does not see any immediate harm to the businesses in declaring a moratorium, since there are no plans for expansion. Her greater concern is the potential fire danger as is, without any expansion. Director Materassi said a moratorium may give the wrong message to potential new businesses but she does not believe the speed with which the City of Colton proceeds with their work will be affected. The development community needs to know that the City of Grand Terrace addresses health and safety issues for the public good. This is a serious issue. The moratorium as proposed by staff will expire after all proposed conditions have been met. MOTION PCM-98-31 Chairwoman Van Gelder made a motion to approve DU-98-03 with conditions of approval until sewer and water infrastructure issues are resolved. Seconded by Commissioner Trainor. MOTION VOTE PCM-98-31 Motion carried. 2-1-1-1. Commissioner Wilson voted "no", Commissioner Addington abstained and Commissioner Larkin absent. 8:10 P.M. ADJOURNED SITE AND ARCHITECTURE REVIEW BOARD/PLANNING COMMISSION MEETING NEXT PLANNING COMMISSION MEETING TO BE HELD ON SEPTEMBER 17. 1998. PLANNING COMMISSION MEETING MINUTES August 20, 1998 Respectfully submitted, FA I W a�' � " Patrizia Materassi Community and Economic Development Director 08-25-98: pp c:\office\wpwin\wpdocs\planning\minutes\08-20-98. min Page 7 Approved by, -L.d - - Q — /J'1 --, 1, �� Fran Van Gelder Chairperson, Planning Commission