2017-31 •
RESOLUTION NO. 2017-31
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
GRAND TERRACE, CALIFORNIA, RECOMMENDING THAT THE CITY
COUNCIL REVOKE 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
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
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RESOLUTION 2017-31 1 PAGE OF 1 APRIL 6, 2017
nd 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.
RESOLUTION 2018-49 4 DECEMBER 6, 2018
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.
RESOLUTION 2018-49 3 DECEMBER. 6 , 2018
ght articulation, and brick and
stucco accents. The project will include a scheme of brown earthy/neutral colors,.
RESOLUTION 2017-35 1 PAGE OF 3 OCTOBER 19, 2017
Plan
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RESOLUTION 2017-38 1 PAGE OF 4 NOVEMBER 16, 2017
conducted an inspection and determined that CB Tyres was still operating in non-compliance
with the established Conditions of Approval for ACUP 05-07.
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, 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.
WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.
NOW THEREFORE, it is hereby found, determined, and resolved by the Planning Commission
of the City of Grand Terrace, as follows
1. The Planning Commission hereby specifically finds that all of the facts set forth in the
above Recitals, are true and correct.
2. The Planning Commission 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 has the authority to consider modification or revocation of a conditional use
permit.
2. The Planning Commission 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 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.
RESOLUTION 2017-31 1 PAGE OF 2 APRIL 6, 2017
and 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.
RESOLUTION 2018-49 3 DECEMBER. 6 , 2018
ght articulation, and brick and
stucco accents. The project will include a scheme of brown earthy/neutral colors,.
RESOLUTION 2017-35 1 PAGE OF 3 OCTOBER 19, 2017
Plan
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RESOLUTION 2017-38 1 PAGE OF 4 NOVEMBER 16, 2017
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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.
In addition the business operator is not in compliance with California Fire Code as
evidenced by the Notice of Violation issued on March 15, 2017. 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.
3. The Commission 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 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.
4. 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.
5. Based upon the above findings and determinations,this Commission hereby recommends
that the City Council revoke 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 find the Project exempt from CEQA.
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RESOLUTION 2017-31 1 PAGE OF 3 APRIL 6,2017
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.
RESOLUTION 2018-49 3 DECEMBER. 6 , 2018
ght articulation, and brick and
stucco accents. The project will include a scheme of brown earthy/neutral colors,.
RESOLUTION 2017-35 1 PAGE OF 3 OCTOBER 19, 2017
Plan
•
RESOLUTION 2017-38 1 PAGE OF 4 NOVEMBER 16, 2017
PASSED AND ADOPTED by the Planning Commission of the City of Grand Terrace,
California, at a regular meeting held on the 6th day of April, 2017.
AYES: :'Commissioners Goatcher, Giroux, Allen, Vice Chair Cesena
NOES: Chair Comstock
ABSENT:
ABSTAIN:
ATTEST:
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4,
essica Lambarena om Comstock
Secretary Chairman
RESOLUTION 2017-31 1 PAGE OF 4 APRIL 6, 2017
18
epartment for review and
approval. Fire lane curbs shall be painted red.The"No Parking,Fire Lane"signs shall be
installed on public/private roads in accordance with the approved plan..Standard,901.4[F93]
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RESOLUTION 2017-35 PA��GEjbFck9' _ OCTOBER 19,2017
ATTEST:
59 / '
.. / Ar„rirh/d//
essica Lambarena 'om Comstock ✓
Secretary Chairman
RESOLUTION 2017-33 1 PAGE OF 6 JUNE 15, 2017