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02-02-2017 CITY OF GRAND TERRACE PLANNING COMMISSION/SITE AND ARCHITECTURAL REVIEW BOARD AGENDA Council ChambersRegular Meeting6:30 PM The City of Grand Terrace complies with the Americans with Disabilities Act of 1990. If you require special assistance to participate in this meeting, please call the City Clerk's office at (909) 824-6621 at least 48 hours prior to the meeting. If you desire to address the Planning Commission Site and Architectural Review Board during the meeting, please complete a Request to Speak Form available at the entrance and present it to the City Clerk. Any documents provided to a majority of the Planning Commission Site and Architectural Review Boardregarding any item on this agenda will be made available for public inspection in the City Clerk's office at City Hall located at 22795 Barton Road during normal business hours. In addition, such documents will be posted on the City's website at www.grandterrace-ca.gov<http://www.grandterrace-ca.gov CALL TO ORDER Convene the Meeting of the Planning Commission and Site and Architectural Review Board. Pledge of Allegiance. Roll Call Attendee NamePresentAbsentLateArrived Chairman Tom Comstock¨¨¨ Vice Chair Tara Ceseña¨¨¨ Commissioner Jeffrey Allen¨¨¨ Commissioner Edward A. Giroux¨¨¨ Commissioner Gregory A. Goatcher¨¨¨ APRROVAL OF AGENDA PUBLIC ADDRESS Public address to the Commission shall be limited to three minutes unless extended by the Chairman. Should you desire to make a longer presentation, please make written request to be agendized to the Director of Planning and Development Services Department. This is the opportunity for members of the public to comment on any items not appearing on the regular agenda. Because of restrictions contained in California Law, the Planning Commission may not discuss or act on any item not on the agenda, but may briefly respond to statements made or ask a question for clarification. The City of Grand TerracePage 1 AgendaGrand Terrace Planning Commission/Site and Architectural Review BoardFebruary 2, 2017 Chairman may also request a brief response from staff to questions raised during public comment or may request a matter be agendized for a future meeting. A.ACTION ITEMS 1. Review of Conditional Use Permit 05-07 Granted to CB Tyres, Pursuant to Chapter 18.84 Administrative Conditional Use Permits of the Zoning Code RECOMMENDATION: Set a public hearing date for full examination of Administrative Conditional Use Permit 05-07, pursuant to Section 18.84.070 of the Zoning Code and to consider modification or revocation of the ACUP 05-07. DEPARTMENT: PLANNING & DEVELOPMENT SERVICES B.INFORMATION TO COMMISSIONERS C.INFORMATION FROM COMMISSIONERS ADJOURN Adjourn to the next scheduled meeting of the Site and Architectural Review Board/Planning Commission to be held on February 16, 2016 at 6:30 p.m. than 14 calendar days preceding the meeting. City of Grand Terrace Page 2 A.1 AGENDA REPORT MEETING DATE:February 2, 2017 TITLE:Review of Conditional Use Permit 05-07 Granted to CB Tyres, Pursuant to Chapter 18.84 Administrative Conditional Use Permits of the Zoning Code PRESENTED BY:Sandra Molina, Planning & Development Services Director RECOMMENDATION:Set a public hearing date for full examination of Administrative Conditional Use Permit 05-07, pursuant to Section 18.84.070 of the Zoning Code and to consider modification or revocation of the ACUP 05-07. 2030 VISION STATEMENT: This report promotes our 2030 Vision: Grand Terrace is an exceptionally safe and well managed City, known for its natural beauty and recreational opportunities; a vibrant and diverse local economy; a place where residents enjoy an outstanding qualityof life that fosters pride and an engaged community, encouraging families to come and remain for generations. BACKGROUND: CB Tyres is a used tire collection facility located at 21801 Barton Road, #D. The business receives tires from various sources, sortsand transports them to receiving facilities. The Applicant has received several Planning approvals for the use. In 2000, Land Use 00-62 was granted to CB Tyres to allow the tire collection and transfer business. The approval was subject to certain conditions of approval, which is attached along with a copy of the letter of intent In 2004, pursuant to Chapter 18.84 (Administrative Conditional Use Permits), 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 (enclosed). The approval included a condition that required the applicant to maintain compliance with a Management Board. On August 25, 2005, Administrative Conditional Use Permit 05-07 was approved for the business (attached). This approval included Condition No. 1 limiting the number of tires stored on the ground at the end of the work day to 499 tires. On September 30, 2008, CB Tyres submitted Administrative Conditional Use Permit 08- Packet Pg. 3 A.1 08 proposing to operate as a major waste tire facility, and to be allowed to store up to 32,000 tires in enclosed trailers and up to 8,000 tires on the ground. The application was deemed incomplete. Incomplete issues included that the application could not be processed administratively (requiring a full public hearing before the Planning Commission) and that an environmental initial study would need to be performed. The application was closed on October 28, 2010, due to continued incompleteness. Therefore, the approval granted under Administrative CUP 05-07 prevails today. DISCUSSION: In June of 2016, the City became aware by County Fire that they had been contacted by an inspector of CalRec number of tires on the property. CalRecycle determined CB Tyres is non-compliant with state laws regulating such uses and CalRecycle is taking steps to gain compliance. ment Division also investigated the issue and determined that the business was out of compliance with Condition No. 1 of ACUP 05-07 limiting the number of tires on the ground to 499. At the time of inspection on July 28, 2016, approximately up to 15,000 tires were stored on the site. inspections and issued citations to gain compliance; however, the business has not reduced the number of tires to 499. City Staff met with Tony Tejeda, Vice President of CB Tyres, on January 17, 2017. Mr. Tejeda explained the excess tires are a result of the accepting facilities that he contracts with had temporarily stopped accepting tires. However, he has continued to accept tires resulting in the excess. However, it has been several months and Mr. Tejeda has been unable to reduce the tires to 499. At the meeting, Mr. Tejeda estimated that there were about 30,000 tires on the ground. He indicated that he was making arrangements to have a shredder cut tires so he could dispose of them at a landfill; he was having tires re-loading into trailers to accommodate additional tires, and that he would add trailers to the site to create more enclosed storage areas. Staff informed the applicant that due to the length of time within which compliance has not been obtained that under the provisions of the Zoning Code regulating conditional use permits, that Staff would schedule the Administrative CUP before the Commission for review. Mr. Tejeda was also advised not to add trailers to the site as that would create an intensification of use. Mr. Tejeda and the property owner were also informed that the Commission meeting would be held on February 2, 2017. Chapter 18.84 Administrative Conditional Use Permits Packet Pg. 4 A.1 Paragraph (B) of Section 18.84.070 Revisions or Modifications states: B. Review by the Community and Economic Development Director. The community and economic development director may periodically review any administrative conditional use permit to ensure that it is being operated in a manner consistent with the conditions of approval or in a manner which is not detrimental to the public health, safety or welfare, or materially injurious to properties in the vicinity. If after the director's review, if warranted, the matter may be referred to the planning commission for additional review. If after the Planning Commission's review, the commission deems that there is sufficient evidence to warrant a full examination, then a public hearing date shall be set. At such public hearing, the planning commission may modify or revoke the permit pursuant to Section 18.83.080 of this title. As discussed above, the director has determined that the Administrative CUP is not being operated in compliance with the condition of approval, and is therefore referring this item to the Planning Commission for further review. Staff is recommending that the Planning Commission set a public hearing date to conduct a full examination, and consider modification or revocation of the Administrative CUP 05-07. A revocation, if any, is subject to final City Council review at a public hearing. ATTACHMENTS: CB Tyres LU-00-62 (PDF) CB Tyres ACUP-04-04 (PDF) CB Tyres ACUP 05-07.pdf (PDF) Chapter 18.84 Administrative Conditional Use Permits.pdf (PDF) Chapter 18.83 Conditional Use Permits.pdf (PDF) APPROVALS: Sandra Molina Completed 01/25/2017 3:13 PM City Attorney Completed 01/26/2017 9:46 AM Sandra Molina Completed 01/26/2017 9:54 AM Planning Commission/Site And Architectural Review Board Pending 02/02/2017 6:30 PM Packet Pg. 5 A.1.a Attachment: CB Tyres LU-00-62 (2116 : Administrative Conditional Use Permit 05-07) Packet Pg. 6 A.1.a Attachment: CB Tyres LU-00-62 (2116 : Administrative Conditional Use Permit 05-07) Packet Pg. 7 A.1.a Attachment: CB Tyres LU-00-62 (2116 : Administrative Conditional Use Permit 05-07) Packet Pg. 8 A.1.b Attachment: CB Tyres ACUP-04-04 (2116 : Administrative Conditional Use Permit 05-07) Packet Pg. 9 A.1.b Attachment: CB Tyres ACUP-04-04 (2116 : Administrative Conditional Use Permit 05-07) Packet Pg. 10 A.1.b Attachment: CB Tyres ACUP-04-04 (2116 : Administrative Conditional Use Permit 05-07) Packet Pg. 11 A.1.b Attachment: CB Tyres ACUP-04-04 (2116 : Administrative Conditional Use Permit 05-07) Packet Pg. 12 A.1.b Attachment: CB Tyres ACUP-04-04 (2116 : Administrative Conditional Use Permit 05-07) Packet Pg. 13 A.1.c Attachment: CB Tyres ACUP 05-07.pdf (2116 : Administrative Conditional Use Permit 05-07) Packet Pg. 14 A.1.c Attachment: CB Tyres ACUP 05-07.pdf (2116 : Administrative Conditional Use Permit 05-07) Packet Pg. 15 A.1.c Attachment: CB Tyres ACUP 05-07.pdf (2116 : Administrative Conditional Use Permit 05-07) Packet Pg. 16 A.1.c Attachment: CB Tyres ACUP 05-07.pdf (2116 : Administrative Conditional Use Permit 05-07) Packet Pg. 17 A.1.c Attachment: CB Tyres ACUP 05-07.pdf (2116 : Administrative Conditional Use Permit 05-07) Packet Pg. 18 A.1.c Attachment: CB Tyres ACUP 05-07.pdf (2116 : Administrative Conditional Use Permit 05-07) Packet Pg. 19 A.1.c Attachment: CB Tyres ACUP 05-07.pdf (2116 : Administrative Conditional Use Permit 05-07) Packet Pg. 20 A.1.c Attachment: CB Tyres ACUP 05-07.pdf (2116 : Administrative Conditional Use Permit 05-07) Packet Pg. 21 A.1.d Attachment: Chapter 18.84 Administrative Conditional Use Permits.pdf (2116 : Administrative Conditional Use Permit 05-07) Packet Pg. 22 A.1.d Attachment: Chapter 18.84 Administrative Conditional Use Permits.pdf (2116 : Administrative Conditional Use Permit 05-07) Packet Pg. 23 A.1.d Attachment: Chapter 18.84 Administrative Conditional Use Permits.pdf (2116 : Administrative Conditional Use Permit 05-07) Packet Pg. 24 A.1.d Attachment: Chapter 18.84 Administrative Conditional Use Permits.pdf (2116 : Administrative Conditional Use Permit 05-07) Packet Pg. 25 A.1.d Attachment: Chapter 18.84 Administrative Conditional Use Permits.pdf (2116 : Administrative Conditional Use Permit 05-07) Packet Pg. 26 A.1.e Attachment: Chapter 18.83 Conditional Use Permits.pdf (2116 : Administrative Conditional Use Permit 05-07) Packet Pg. 27 A.1.e Attachment: Chapter 18.83 Conditional Use Permits.pdf (2116 : Administrative Conditional Use Permit 05-07) Packet Pg. 28 A.1.e Attachment: Chapter 18.83 Conditional Use Permits.pdf (2116 : Administrative Conditional Use Permit 05-07) Packet Pg. 29 A.1.e Attachment: Chapter 18.83 Conditional Use Permits.pdf (2116 : Administrative Conditional Use Permit 05-07) Packet Pg. 30 A.1.e Attachment: Chapter 18.83 Conditional Use Permits.pdf (2116 : Administrative Conditional Use Permit 05-07) Packet Pg. 31