04-06-2017
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 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 regarding 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/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¨¨¨
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
Chairman may also request a brief response from staff toquestions raised during public
comment or may request a matter be agendized for a future meeting.
City of Grand TerracePage 1
AgendaGrand Terrace Planning Commission/Site and ArchitecturalReview BoardApril 6, 2017
A.PUBLIC HEARINGS
1. Conduct a Hearing on Administrative Conditional Use Permit 05-07 Pursuant to Chapter
18.83, Conditional Use Permits of the Zoning Code
RECOMMENDATION:
1) Open the public hearing which was continued from March 16, 2017; and
2) Consider adoption of 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
DEPARTMENT: PLANNING & DEVELOPMENT SERVICES
B.INFORMATION TO COMMISSIONERS
2. ogle.2153 : Follow Up Report - ADU Ordinance
RECOMMENDATION:
Receive and File Report
DEPARTMENT: PLANNING & DEVELOPMENT SERVICES
C.INFORMATION FROM COMMISSIONERS
ADJOURN
Adjourn to the next scheduled meeting of the Planning Commission/Site and
Architectural Review Board to be held on April 20, 2017 at 6:30 p.m.
than 14 calendar days preceding the meeting.
City of Grand Terrace Page 2
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AGENDA REPORT
MEETING DATE:April 6, 2017
TITLE:Conduct a Hearing on Administrative Conditional Use Permit
05-07 Pursuant to Chapter 18.83, Conditional Use Permits of
the Zoning Code
PRESENTED BY:Sandra Molina, Planning & Development Services Director
RECOMMENDATION:1)Open the public hearing which was continued from
March 16, 2017; and
2)Consider adoption of 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
2030 VISION STATEMENT:
This report promotes Our Mission: To preserve and protect our community and its
exceptional quality of life through thoughtful planning, within the constraints of fiscally
responsible government and Goal #2 Maintain Public Safety.
BACKGROUND:
On February 2, 2017, the Planning Commission reviewed Administrative Conditional
Use Permit (ACUP) 05-07 was granted to CB Tyres Recycling Resources, LLC (CB
Tyres) in 2005. It should be clarified that the Permit was issued to CB Tyres is a used or
waste tire collection facility located at 21801 Barton Road, #D. Twelve Conditions of
Approval were established on ACUP 05-07, including a condition that no more than 499
tires can be stored on the ground and that the business must be in compliance with the
State Integrated Waste Management Board. CB Tyres has been out of compliance for
several months with both the Conditions of Approval and State regulations.
oral reports and testimony from the business owner, Mr. Tony Tejeda. Based on this
information, the Planning Commission determined that there is there is sufficient
evidence to warrant a full examination of the ACUP and set a public hearing date of
March 16, 2017. At the public hearing, the Commission may modify or revoke the permit
pursuant to Section 18.83.080 of the Zoning. The Commission made this determination
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based on noncompliance with the Conditions of Approval, and also expressed public
safety concerns with the amount of tires currently stored on the property. A copy of the
February 2, 2017, staff report is attached as Attachment 1.
On March 16, 2017, the Planning Commission opened the public hearing; and stated
the hearing would be continued to April 6, 2017. CB Tyres Assistant Manager David
Valdiva and Secretary Mercedes Fermin spoke at the public hearing, on behalf of Mr.
Tejeda.
They requested more time to obtain compliance, stating that the Mitsubishi plant has
been inconsistent in the accepting of waste tires, their main truck was in an accident,
and they have identified an additional vendor that will accept waste tires.
DISCUSSION:
The February 2, 2017, Staff Report stated that the California Department of Resources
Tyres to be non-compliant, and were taking steps to gain compliance. CalRecycle first
began inspecting on April 20, 2016. A second inspection was conducted on May 23,
2016, and a third on August 11, 2016. Due to continued non-compliance CalRecycle
issued a Clean Up and Abatement Order issued to CB Tyres on September 14, 2016.
CB Tyres has been ordered to reduce the number of used/waste tires to zero, along
with other requirements. Compliance with the Order was within 30 days from the date of
service. On October 25, 2016, CalRecycle conducted a fourth inspection, and CB Tyres
had not complied with the Clean Up and Abatement Order, and to this date waste tires
are still on the property. A copy of the Clean Up and Abatement Order, which includes
the inspection reports, and the October 25, 2016, inspection report are included as
Attachments 2 and 3.
Staff made a request to Billy Yos, the inspector from CalRecycle, to attend this meeting.
Mr. Yos was unable to attend due to scheduling conflicts.
on July 28,
2016, and found that CB Tyres was out of compliance with Condition Nos. 1, 7, and 8.
CB Tyres was non-compliant with Condition No. 1 limiting the number of tires on the
ground to 499; Condition No. 7 requiring compliance with the requirements of the
Integrated Waste Management Board (now CalREcycle); and Condition No. 8, in that
CB Tyres is not compliant with state regulations regarding the handling of waste tires. A
recent fire department inspection had not been done to determine compliance with
Condition No. 11. Based on the July 28, 2016 site inspection, the Code Enforcement
report estimates that there are up to 20,000 used tires currently on the site. The Report
indicates that CB Tyres has received 26 citations totaling $11,300 in fines; and that the
property owner has received 9 citations totaling $3,800 in fines. Attachment 4 includes a
copy of the Code Enforcement Report.
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At the February 2nd meeting, Mr. Tejeda explained the excess tires are a result of the
accepting facilities that he contracts with had temporarily stopped accepting tires. He
further indicated that the Mitsubishi plant was again accepting waste tires and was
accepting more trailer deliveries. It was anticipated that at the time of the March 16,
2017, hearing that a significant amount of tires would have been removed from the Site.
At the meeting Mr. Tejeda indicated his desire to change his business plan to utilize an
on-site shredder that would allow him to cut waste tires on a daily basis and deliver
them to the landfill, when he cannot deliver them to his end users.
Staff met with Mr. Tejeda and his accountant on February 16, 2017, and at that time he
accountant indicated that a shredder is a significant investment and that he was seeking
investors to purchase a shredder. Staff informed Mr. Tejeda that a shredder and
additional trailers on the site will be subject to a full CUP. Also discussed was whether
the City had business assistance programs or grant opportunities to assist in the
purchase of a shredder, which the City does not.
On March 15, 2017, the Senior Code Enforcement Officer Barrie Owens conducted a
site inspection to determine the progress made to date. As stated in the attached Code
Enforcement Report, CB Tyres is still out of compliance with Condition Nos. 1, 7 and 8,
and out of compliance with Condition Nos. 3. Condition No. 3 which prohibits junked,
ion at any
time. There was a damaged semi-truck on the lot waiting for tow by the insurance
company. The insurance adjuster is expected to complete his vehicle inspection and
tow the vehicle from the premises by March 31, 2017.
Fire Department Inspections
Condition No. 11 relates to compliance with County Fire regulations regarding
hazardous waste generator or hazardous waste handler permitting. On March 9, 2017,
County Fire conducted a site inspection to determine whether CB Tyres qualifies as a
hazardous waste generator or hazardous waste handler, which requires permitting by
County Fire. Based on the inspection, CB Tyres does not require either permit. A copy
of the inspection report is attached (Attachment 5).
On March 15, 2017, County Fire Community Services Division conducted a site
inspection to determine compliance with California Fire Codes based on a request from
City Staff. Staff requested this inspection based on the mass quantity of waste tires on
site. Based on the inspection, a Notice of Violation was issued to CB Tyres, as
summarized below. Attachment 5 is a copy of the inspection report.
1. Excessive tire storage -
height.
2. to the North and against
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the neighboring heavy equipment repair yard to the East. Clearances not being
maintained.
3. Individual pile size is excessive (over 50,000 cubic feet) and without proper
clearances between piles (40 foot minimum)
4. Combustible vegetation (weeds/grasses) located to the East of the pile with no
clearance
5. Tires on and off rims are being stored within the same pile
6. Fire Apparatus access is limited to North end of property and to East side of
property and tire storage
7. Required fencing is not provide to secure tires
8. The nearest hydrant is across the street from the entrance to the facility. The
entire storage facility shall be reachable by using not more than 500 feet of hose. If the
facility can reduce its storage to comply with their CUP this requirement would not be
effective however with the current amount of storage they will need an on-site hydrant).
Modification/Revocation of the ACUP.
Modification or revocation of the ACUP is governed by Section 18.84.070 (Revisions or
modifications) and Section 18.83.080 (Revocation), shown below. Additionally, the full
Chapters of these sections are included in the February 2, 2017 staff report, which is
attached.
Section 18.84.070 - Revisions or modifications.
Revisions or modifications of administrative conditional use permits may be requested
by the applicant. Further, the community and economic development director may
periodically review or modify an administrative conditional use permit. Such revisions or
modifications shall be subject to the following provisions:
A. Revisions or Modifications Requested by the Applicant. A revision or modification
to an approved administrative conditional use permit such as, but not limited to, change
in conditions, expansions, intensity or hours of operation may be requested by the
applicant. The requested revision or modification shall be processed in the same
manner as the original administrative conditional use permit as long as the request
meets the criteria of Section 18.84.50 of this chapter.
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,
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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.
Section 18.83.080 - Revocation.
Any conditional use permit granted in accordance with this title 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.
The planning commission shall hold a public hearing to consider the proposed
revocation. Said hearing shall be noticed in accordance with Section 65091 of the
California Government Code. After conducting the public hearing the planning
commission shall make a recommendation to the city council regarding revocation of
the conditionally permitted use. After receiving the planning commission's
recommendation, the city council shall conduct its own public hearing and make a final
determination to revoke, amend or leave unchanged the subject conditional use permit.
The Commission has the authority to modify the conditions of approval. However, given
that the business owner has been out of compliance for almost a year with CalRecycle,
what modifications could be put in place to gain compliance.
adoption.
The business owner is in violation of several conditions contained in ACUP 05-07 as
detailed in the attached Code Enforcement Report, and also in violation of state laws
regarding the permitting of facilities that recycle waste tires, and local Fire Codes.
Additionally, 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, 16,267 on August
11, 2016, and 19,909 on October 25, 2016. Mr. Tejeda estimated to number
approximately 30,000 on January 17, 2017. While the total number of waste tires
fluctuates, the number has consistently exceeded 499.
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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. The Notice of Violation requires
compliance by March 30, 3017.
The stockpile of used tires is such that it creates the potential for vectors and vermin.
Rain water falling into the well of the used tires can create puddles leading to the
breeding of mosquitoes creating a public health and safety concern.
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.
and adjoining properties. The visibility of the large stockpile of waste tires impact the
aesthetics of the community, as evidenced in the photographs attached to this report.
PUBLIC NOTICE:
In accordance with the requirements of the Zoning Code, public notice of this hearing
was published in the Grand Terrace City News, posted in three public places and
mailed to property owners within 300 feet of the site. Mailed notice was also provided to
the business and property owners. No correspondence has been received.
ATTACHMENTS:
2.2.2016 PC Report.pdf (PDF)
CB Tyres Cal Recyle Clean up Abatement Order 2016 (PDF)
CalRecycle 10.25.2016 Inspection (PDF)
CB Tyres_Code Enforcement Report_3.31.2017 (PDF)
Fire Inspection_3.9.2017_CUPA (PDF)
County Fire Inspection_3.15.2017_ (PDF)
PC Resolution_ ACUP 05-07 (DOC)
APPROVALS:
Sandra Molina Completed 03/27/2017 4:58 PM
City Attorney Completed 03/28/2017 12:29 PM
Sandra Molina Completed 03/29/2017 10:22 AM
Planning Commission/Site And Architectural Review Board Pending 04/06/2017 6:30
PM
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Attachment 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-
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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.
Attachment: 2.2.2016 PC Report.pdf \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07)
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
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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
Attachment: 2.2.2016 PC Report.pdf \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07)
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Attachment: CB Tyres LU-00-62 (2116 : Administrative Conditional Use Permit 05-07)
Attachment: 2.2.2016 PC Report.pdf \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07)
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Attachment: CB Tyres LU-00-62 (2116 : Administrative Conditional Use Permit 05-07)
Attachment: 2.2.2016 PC Report.pdf \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07)
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Attachment: CB Tyres LU-00-62 (2116 : Administrative Conditional Use Permit 05-07)
Attachment: 2.2.2016 PC Report.pdf \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07)
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Attachment: CB Tyres ACUP-04-04 (2116 : Administrative Conditional Use Permit 05-07)
Attachment: 2.2.2016 PC Report.pdf \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07)
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Attachment: CB Tyres ACUP-04-04 (2116 : Administrative Conditional Use Permit 05-07)
Attachment: 2.2.2016 PC Report.pdf \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07)
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Attachment: CB Tyres ACUP-04-04 (2116 : Administrative Conditional Use Permit 05-07)
Attachment: 2.2.2016 PC Report.pdf \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07)
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Attachment: CB Tyres ACUP-04-04 (2116 : Administrative Conditional Use Permit 05-07)
Attachment: 2.2.2016 PC Report.pdf \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07)
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Attachment: CB Tyres ACUP-04-04 (2116 : Administrative Conditional Use Permit 05-07)
Attachment: 2.2.2016 PC Report.pdf \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07)
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Attachment: CB Tyres ACUP 05-07.pdf (2116 : Administrative Conditional Use Permit 05-07)
Attachment: 2.2.2016 PC Report.pdf \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07)
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Attachment: CB Tyres ACUP 05-07.pdf (2116 : Administrative Conditional Use Permit 05-07)
Attachment: 2.2.2016 PC Report.pdf \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07)
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Attachment: CB Tyres ACUP 05-07.pdf (2116 : Administrative Conditional Use Permit 05-07)
Attachment: 2.2.2016 PC Report.pdf \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07)
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Attachment: CB Tyres ACUP 05-07.pdf (2116 : Administrative Conditional Use Permit 05-07)
Attachment: 2.2.2016 PC Report.pdf \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07)
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Attachment: CB Tyres ACUP 05-07.pdf (2116 : Administrative Conditional Use Permit 05-07)
Attachment: 2.2.2016 PC Report.pdf \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07)
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Attachment: CB Tyres ACUP 05-07.pdf (2116 : Administrative Conditional Use Permit 05-07)
Attachment: 2.2.2016 PC Report.pdf \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07)
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Attachment: CB Tyres ACUP 05-07.pdf (2116 : Administrative Conditional Use Permit 05-07)
Attachment: 2.2.2016 PC Report.pdf \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07)
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Attachment: CB Tyres ACUP 05-07.pdf (2116 : Administrative Conditional Use Permit 05-07)
Attachment: 2.2.2016 PC Report.pdf \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07)
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Attachment: 2.2.2016 PC Report.pdf \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07)
Attachment: Chapter 18.84 Administrative Conditional Use Permits.pdf (2116 : Administrative Conditional Use Permit 05-07)
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Attachment: 2.2.2016 PC Report.pdf \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07)
Attachment: Chapter 18.84 Administrative Conditional Use Permits.pdf (2116 : Administrative Conditional Use Permit 05-07)
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Attachment: 2.2.2016 PC Report.pdf \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07)
Attachment: Chapter 18.84 Administrative Conditional Use Permits.pdf (2116 : Administrative Conditional Use Permit 05-07)
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Attachment: 2.2.2016 PC Report.pdf \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07)
Attachment: Chapter 18.84 Administrative Conditional Use Permits.pdf (2116 : Administrative Conditional Use Permit 05-07)
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Attachment: 2.2.2016 PC Report.pdf \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07)
Attachment: Chapter 18.84 Administrative Conditional Use Permits.pdf (2116 : Administrative Conditional Use Permit 05-07)
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Attachment: 2.2.2016 PC Report.pdf \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07)
Attachment: Chapter 18.83 Conditional Use Permits.pdf (2116 : Administrative Conditional Use Permit 05-07)
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Attachment: 2.2.2016 PC Report.pdf \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07)
Attachment: Chapter 18.83 Conditional Use Permits.pdf (2116 : Administrative Conditional Use Permit 05-07)
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Attachment: 2.2.2016 PC Report.pdf \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07)
Attachment: Chapter 18.83 Conditional Use Permits.pdf (2116 : Administrative Conditional Use Permit 05-07)
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Attachment: 2.2.2016 PC Report.pdf \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07)
Attachment: Chapter 18.83 Conditional Use Permits.pdf (2116 : Administrative Conditional Use Permit 05-07)
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Attachment: Chapter 18.83 Conditional Use Permits.pdf (2116 : Administrative Conditional Use Permit 05-07)
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Attachment: CB Tyres Cal Recyle Clean up Abatement Order 2016 \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07)
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Attachment 3
Survey & Inspection Report - Survey Form (Page 1)
CB Tyres Recycling Resources, LLC (Collection Site) (TPID: 1000418)
State of California CalRecycle 181
Part A - Survey
Inspection Form Number:IW-1046399Inspected On:10/25/2016 10:45AM - 12:30PM
TPID - Site Suffix:1000418-01
Facility Address
CB Tyres Recycling Resources, LLC (Collection Site)
21801 Barton Rd Ste D
Grand Terrace, CA 92313-4402
Local Identifier:
Business Rep:Mercedes FerminTitle:Office Manager
Tire Count:19989
Lattitude:Longitude:
Inspection Type:Re-inspection
Referral Type:CalRecycle
Inspected By:00-100 CalRecycle
Inspector:Billy Yos
Operational Status:Active
Tire Type:Passenger, Truck, OTR
Business Role:Generator, Hauler, End-Use
Storage Type:Outdoor, Container
Business Type:Collection
Business Type Other:
Part B - Inspection of Waste Tire Dealer, Generator, and End-Use Facility
Enforcement Status:Referred / CalRecycle Enforcement
Compliance Deadline:
Comments:
NOTICE OF VIOLATION
{ĻĻ LƓƭƦĻĭƷźƚƓ CƚƩƒ ΛtğŭĻ ЋΜ ŅƚƩ źƓƭƦĻĭƷƚƩƭ ŅźƓķźƓŭƭ͵
Attachment: CalRecycle 10.25.2016 Inspection \[Revision 2\] (2142 : Administrative Conditional Use Permit 05-07)
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Survey & Inspection Report - Inspection Form (Page 2)
CB Tyres Recycling Resources, LLC (Collection Site) (TPID:1000418)
State of California CalRecycle 182
Part C - Facility Information
SWIS Number:
Inspection Number:IW-1046399
Photos Taken:
Yes
Property Owner Information
Name:
Anthony Tejeda
Phone Number:
9093703700
Mailing Address:21801 Barton Rd Ste D
GrandTerrace, CA 92313
Facility Type:Major WTF (>= 5,000 Tires)
Permitted Status:Unpermitted
Exempt/Excluded Business Type
Part D - Inspection of Waste Tire Facility
(i) Rim Removal/Storage of Tires on Rims
Comments:
NOTICE OF VIOLATION
CalRecycle issued Cleanup and Abatement Order (CAO) (No. 2016-011058-CAO ) to Anthony Tejeda,
Operator and Property Owner of CB Tyres Recycling Resources, LLC (TPID: 1000418), on September
19, 2016 for violating Title 14, California Code of Regulations (14 CCR) section 18420.1. The CAO
required that CB Tyres Recycling Resources, LLC to remove all waste and used tires from this site
within 30 days from the CAO date of service (September 19, 2016). This inspection was conducted to
CalRecycle inspector Billy Yos arrived at the facility at approximately 10:30 A.M. on October 25, 2016
and met with Mercedes Fermin, Office Manager, in the office located on the premises. Inspector Yos
identified himself to Ms. Fermin by inspector badge and business card and explained that he was
there to conduct an inspection of the facility for compliance with the previously issued CAO.
Inspector Yos asked if Mr. Tejeda, Vice President, was available to speak with him. Ms. Fermin stated
Attachment: CalRecycle 10.25.2016 Inspection \[Revision 2\] (2142 : Administrative Conditional Use Permit 05-07)
that Mr. Tejeda was unavailable and granted consent for the inspection of the facility and stated she
understood that the inspector would be taking photos of the property which included the tire piles.
During the inspection, Inspector Yos observed approximately 19,989 waste tires were being stored on
the property in violation of the requirements of the CAO (see attached Site Map for full calculation of
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Attachment: CalRecycle 10.25.2016 Inspection \[Revision 2\] (2142 : Administrative Conditional Use Permit 05-07)
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waste tires observed). Note: Unless otherwise indicated, all tire counts were determined using
volumetric estimation; a 20% reduction was applied to account for any variations in tire pile size,
configuration or density.
Tire piles A, B, C, & D located on south end of the property had approximately
13,598
Two full 53-foot trailers with approximately 2,400 waste tires
(1,200 waste tires/trailer X 2);
Four 53-foot trailers each a quarter full with approximately 1,200 waste tires
(300 waste tires/trailer X 4
Two full 48-foot trailers with approximately 1,920 waste tires
(960 waste tires/trailer X 2)
105 individually counted golf cart waste tires.
removed from rims immediately upon arrival at the waste tire facility or solid waste facility. Tires
temporarily attached to rims awaiting removal shall be stored separate from other waste tires. This
In conclusion, this inspection clearly indicates that CB Tyres Recycling Resources, LLC has failed to
comply with the CAO requirements to reduce their waste and used tire count to zero. As a result,
CalRecycle will now proceed to take escalated enforcement action regarding the above violations.
Attachment: CalRecycle 10.25.2016 Inspection \[Revision 2\] (2142 : Administrative Conditional Use Permit 05-07)
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CB Tyres Recycling Resources, LLC
TPIDNo.:1000418
October 25, 2016 Inspection
Photo Log
Photo 1 of 13 CB Tyres Recycling Resources, LLC TPID No.:1000418
Photo taken by: Billy Yos of CalRecycle on October 25, 2016.
Description: Photo shows the north east side of tire pile D facing south west. This tire pile had
approximately 2,664 PTE after a 20% reduction in the number of waste tires calculated.
Note: This photo was taken at the south perimeter of the property.
Attachment: CalRecycle 10.25.2016 Inspection \[Revision 2\] (2142 : Administrative Conditional Use Permit 05-07)
Inspection Reference No.: IW-1046399
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CB Tyres Recycling Resources, LLC
TPIDNo.:1000418
October 25, 2016 Inspection
Photo Log
Photo 2 of 13 CB Tyres Recycling Resources, LLC TPID No.:1000418
Photo taken by: Billy Yos of CalRecycle on October 25, 2016.
Description: Photo shows the north west side of tire pile A facing south east. This tire pile had
approximately 2,467 PTE after a 20% reduction in the number of waste tires calculated.
Note: This photo was taken at the south perimeter of the property. Tire pile C is in the background.
Attachment: CalRecycle 10.25.2016 Inspection \[Revision 2\] (2142 : Administrative Conditional Use Permit 05-07)
Inspection Reference No.: IW-1046399
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CB Tyres Recycling Resources, LLC
TPIDNo.:1000418
October 25, 2016 Inspection
Photo Log
Photo 3 of 13 CB Tyres Recycling Resources, LLC TPID No.:1000418
Photo taken by: Billy Yos of CalRecycle on October 25, 2016.
Description: Photo shows the south west side of tire pile B (right) facing north east. This tire pile had
approximately 5,587 PTE after a 20% reduction in the number of waste tires calculated.
Note: This photo was taken at the south perimeter of the property. Tire pile A is in the background.
Attachment: CalRecycle 10.25.2016 Inspection \[Revision 2\] (2142 : Administrative Conditional Use Permit 05-07)
Inspection Reference No.: IW-1046399
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CB Tyres Recycling Resources, LLC
TPIDNo.:1000418
October 25, 2016 Inspection
Photo Log
Photo 4 of 13 CB Tyres Recycling Resources, LLC TPID No.:1000418
Photo taken by: Billy Yos of CalRecycle on October 25, 2016.
Description: Photo shows the west side of tire pile A (left), tire pile C (center), and tire pile B (right)
facing east. Tire piles A, B, and C had a total of approximately 10,934 PTE after a 20% reduction in the
number of waste tires calculated.
Note: This photo was taken at the south perimeter of the property.
Attachment: CalRecycle 10.25.2016 Inspection \[Revision 2\] (2142 : Administrative Conditional Use Permit 05-07)
Inspection Reference No.: IW-1046399
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CB Tyres Recycling Resources, LLC
TPIDNo.:1000418
October 25, 2016 Inspection
Photo Log
Photo 5 of 13 CB Tyres Recycling Resources, LLC TPID No.:1000418
Photo taken by: Billy Yos of CalRecycle on October 25, 2016.
Description: Photo shows the south side of tire pile C facing north. This tire pile had approximately 2,880
PTE after a 20% reduction in the number of waste tires calculated.
Note: This photo was taken at the south perimeter of the property.
Attachment: CalRecycle 10.25.2016 Inspection \[Revision 2\] (2142 : Administrative Conditional Use Permit 05-07)
Inspection Reference No.: IW-1046399
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CB Tyres Recycling Resources, LLC
TPIDNo.:1000418
October 25, 2016 Inspection
Photo Log
Photo 6 of 13 CB Tyres Recycling Resources, LLC TPID No.:1000418
Photo taken by: Billy Yos of CalRecycle on October 25, 2016.
Description: Photo shows the south east side of tire pile D facing north west. This tire pile had
approximately 2,664 PTE after a 20% reduction in the number of waste tires calculated.
Note: This photo was taken at the south perimeter of the property.
Attachment: CalRecycle 10.25.2016 Inspection \[Revision 2\] (2142 : Administrative Conditional Use Permit 05-07)
Inspection Reference No.: IW-1046399
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CB Tyres Recycling Resources, LLC
TPIDNo.:1000418
October 25, 2016 Inspection
Photo Log
Photo 7 of 13 CB Tyres Recycling Resources, LLC TPID No.:1000418
Photo taken by: Billy Yos of CalRecycle on October 25, 2016.
Description: Photo shows the south west side of OTR tires facing north east. There were approximately
156 OTR tires individually counted.
Note: This photo was taken at the south perimeter of the property.
Attachment: CalRecycle 10.25.2016 Inspection \[Revision 2\] (2142 : Administrative Conditional Use Permit 05-07)
Inspection Reference No.: IW-1046399
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CB Tyres Recycling Resources, LLC
TPIDNo.:1000418
October 25, 2016 Inspection
Photo Log
Photo 8 of 13 CB Tyres Recycling Resources, LLC TPID No.:1000418
Photo taken by: Billy Yos of CalRecycle on October 25, 2016.
Description: Photo shows the south west side of OTR tires facing north east. There were approximately
156 OTR tires individually counted.
Note: This photo was taken at the south perimeter of the property.
Attachment: CalRecycle 10.25.2016 Inspection \[Revision 2\] (2142 : Administrative Conditional Use Permit 05-07)
Inspection Reference No.: IW-1046399
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CB Tyres Recycling Resources, LLC
TPIDNo.:1000418
October 25, 2016 Inspection
Photo Log
Photo 9 of 13 CB Tyres Recycling Resources, LLC TPID No.:1000418
Photo taken by: Billy Yos of CalRecycle on October 25, 2016.
Description: Photo shows 53-foot trailer with license plate number: Oklahoma-613 6FJ. This 53-foot
trailer was a quarter full with approximately 300 tires stored in the trailer after a 20% reduction in the
number of waste tires calculated.
Note: This photo was taken at the north perimeter of the property.
Attachment: CalRecycle 10.25.2016 Inspection \[Revision 2\] (2142 : Administrative Conditional Use Permit 05-07)
Inspection Reference No.: IW-1046399
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CB Tyres Recycling Resources, LLC
TPIDNo.:1000418
October 25, 2016 Inspection
Photo Log
Photo 10 of 13 CB Tyres Recycling Resources, LLC TPID No.:1000418
Photo taken by: Billy Yos of CalRecycle on October 25, 2016.
Description: Photo shows 53-foot trailer with license plate number: Oklahoma-613 6FJ. This 53-foot
trailer was a quarter full with approximately 300 tires stored in the trailer after a 20% reduction in the
number of waste tires calculated.
Note: This photo was taken at the north perimeter of the property.
Attachment: CalRecycle 10.25.2016 Inspection \[Revision 2\] (2142 : Administrative Conditional Use Permit 05-07)
Inspection Reference No.: IW-1046399
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CB Tyres Recycling Resources, LLC
TPIDNo.:1000418
October 25, 2016 Inspection
Photo Log
Photo 11 of 13 CB Tyres Recycling Resources, LLC TPID No.:1000418
Photo taken by: Billy Yos of CalRecycle on October 25, 2016.
Description: Photo shows 53-foot trailer with license plate number: California-4X4086. This 53-foot
trailer was full with approximately 1,200 tires stored in the trailer after a 20% reduction in the number
of waste tires calculated.
Note: This photo was taken at the north perimeter of the property.
Attachment: CalRecycle 10.25.2016 Inspection \[Revision 2\] (2142 : Administrative Conditional Use Permit 05-07)
Inspection Reference No.: IW-1046399
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CB Tyres Recycling Resources, LLC
TPIDNo.:1000418
October 25, 2016 Inspection
Photo Log
Photo 12 of 13 CB Tyres Recycling Resources, LLC TPID No.:1000418
Photo taken by: Billy Yos of CalRecycle on October 25, 2016.
Description: Photo shows 53-foot trailer with license plate number: California-4X4086. This 53-foot
trailer was full with approximately 1,200 tires stored in the trailer after a 20% reduction in the number
of waste tires calculated.
Note: This photo was taken at the north perimeter of the property.
Attachment: CalRecycle 10.25.2016 Inspection \[Revision 2\] (2142 : Administrative Conditional Use Permit 05-07)
Inspection Reference No.: IW-1046399
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CB Tyres Recycling Resources, LLC
TPIDNo.:1000418
October 25, 2016 Inspection
Photo Log
Photo 13 of 13 CB Tyres Recycling Resources, LLC TPID No.:1000418
Photo taken by: Billy Yos of CalRecycle on October 25, 2016.
Description: Photo shows golf cart/ATV tires still on rims which is a violation of 14 CCR § 17354(i) which
states: Tires must be removed from rims immediately upon arrival at the waste tire facility or solid
waste facility. Tires temporarily attached to rims awaiting removal shall be stored separate from other
waste tires.
Note: This photo was taken at the south perimeter of the property.
Attachment: CalRecycle 10.25.2016 Inspection \[Revision 2\] (2142 : Administrative Conditional Use Permit 05-07)
Inspection Reference No.: IW-1046399
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Attachment: CB Tyres_Code Enforcement Report_3.31.2017 \[Revision 2\] (2142 : Administrative
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Attachment: Fire Inspection_3.9.2017_CUPA \[Revision 2\] (2142 : Administrative Conditional Use Permit
Attachment 5
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Attachment 6
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Attachment: County Fire Inspection_3.15.2017_ \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07)
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Attachment: County Fire Inspection_3.15.2017_ \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07)
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Attachment: County Fire Inspection_3.15.2017_ \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07)
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Attachment 7
RESOLUTION NO. 2017-
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
(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.
Attachment: PC Resolution_ ACUP 05-07 \[Revision 1\] (2142 : Administrative Conditional Use Permit 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.
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Attachment 7
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.
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
Attachment: PC Resolution_ ACUP 05-07 \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07)
actions.
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Attachment 7
b. Condition No. 3: There shall be no storage or parking of junked, damaged
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.
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
Attachment: PC Resolution_ ACUP 05-07 \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07)
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
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Attachment 7
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.
PASSED AND ADOPTED by the Planning Commission of the City of Grand Terrace,
th
California, at a regular meeting held on the 6 day of April, 2017.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
__________________________ _________________________
Cynthia A. Fortune Tom Comstock
Deputy City Clerk Chairman
Attachment: PC Resolution_ ACUP 05-07 \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07)
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B.2
AGENDA REPORT
MEETING DATE:April 6, 2017
TITLE:Report on Planning Commission Follow Up Questions
Accessory Dwelling Unit Ordinance
PRESENTED BY:Sandra Molina, Planning & Development Services Director
RECOMMENDATION:Receive and File Report
VISIONSTATEMENT:
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 quality
of life that fosters pride and an engaged community, encouraging families to come and
remain for generations.
BACKGROUND:
On March 16, 2017, the Planning Commission conducted a public hearing on Zoning
Code Amendment 17-01 a proposal to amend the Grand Terrace Zoning Code as it
relates the regulation of accessory dwelling units. The amendment would modify
existing Chapter 18.69 (Second Dwelling Units), Chapter 18.09 (Definitions) and
Chapter 18.63 (Site and Architectural Review).
This amendment is in response to Senate Bill 1069, which limits city authority to
shortage. The Bill replaces city building, parking and use standards, and requires
ministerial review of such accessory uses.
During the hearing, a few questions were asked that required Staff to research and
provide responses to the Commission. Because the changes to the zoning code were
required to be compliant with state law, staff recommendedthat the Commission move
the item forward to the City Council, and Staff would provide a follow up report.
The Commission adopted a Resolution recommending City Council adoption of the
zoning code amendment.
DISCUSSION:
As a recap, the proposed ordinancemakes changes to be consistent with state law. The
City must review second units ministerially, which limits review to conformance with the
zoning code development standards.
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The questions that were asked were:
Could a property have a primary dwelling unit, a second dwelling unit and a
guest house?
Answer: A property could have a primary dwelling, an accessory dwelling unit and
other accessory structures, such as a guest house. The guest house cannot have
independent living facilities, such as cooking facilities. In addition, as part of the
review, lot coverage standards must be met.
Can sewer and water service fees be assessed?
Answer: Yes, sewer and water service fees can be assessed. This is a charge
applied based on water and sewer use.
What the law states is that with respect to utility charges, the second dwelling cannot
be considered new residential uses for purposes of calculating connection fees or
capacity fees for utilities, water, and sewer. If the second unit is proposed within the
primary residence, including the conversion of an garage a city cannot require new
or separate utility connections (such as separate laterals) or impose a connection
fee or capacity charge.
A second dwelling detached from the primary residence can be required to have
new utility connections and be charged new connection fees or capacity fees that
are proportionate to the burden caused by the second dwelling.
For clarification, the statute does not preclude the imposition of development impact
fees. Cities can charge them since a second dwelling increases the demand on city
facilities from the additional occupants. The previous staff report incorrectly stated
that these fees cannot be charged.
APPROVALS:
Sandra Molina Completed 03/28/2017 12:43 PM
City Attorney Completed 03/31/2017 8:27 AM
Sandra Molina Completed 03/31/2017 8:30 AM
Planning Commission/Site And Architectural Review Board Pending 04/06/2017 6:30
PM
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