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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 A.1 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 Packet Pg. 3 A.1 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. Packet Pg. 4 A.1 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 Packet Pg. 5 A.1 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, Packet Pg. 6 A.1 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. Packet Pg. 7 A.1 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 Packet Pg. 8 A.1.aA.1 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- Packet Pg. 3Packet Pg. 9 A.1.aA.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. 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 Packet Pg. 10Packet Pg. 4 A.1.aA.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 Attachment: 2.2.2016 PC Report.pdf \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07) Packet Pg. 11Packet Pg. 5 A.1.aA.1.a 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) Packet Pg. 12Packet Pg. 6 A.1.aA.1.a 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) Packet Pg. 13Packet Pg. 7 A.1.aA.1.a 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) Packet Pg. 14Packet Pg. 8 A.1.bA.1.a 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) Packet Pg. 15Packet Pg. 9 A.1.bA.1.a 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) Packet Pg. 10Packet Pg. 16 A.1.bA.1.a 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) Packet Pg. 11Packet Pg. 17 A.1.bA.1.a 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) Packet Pg. 12Packet Pg. 18 A.1.bA.1.a 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) Packet Pg. 13Packet Pg. 19 A.1.cA.1.a 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) Packet Pg. 14Packet Pg. 20 A.1.cA.1.a 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) Packet Pg. 15Packet Pg. 21 A.1.cA.1.a 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) Packet Pg. 16Packet Pg. 22 A.1.cA.1.a 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) Packet Pg. 17Packet Pg. 23 A.1.cA.1.a 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) Packet Pg. 18Packet Pg. 24 A.1.cA.1.a 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) Packet Pg. 19Packet Pg. 25 A.1.cA.1.a 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) Packet Pg. 20Packet Pg. 26 A.1.cA.1.a 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) Packet Pg. 21Packet Pg. 27 A.1.dA.1.a 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) Packet Pg. 22Packet Pg. 28 A.1.dA.1.a 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) Packet Pg. 23Packet Pg. 29 A.1.dA.1.a 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) Packet Pg. 24Packet Pg. 30 A.1.dA.1.a 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) Packet Pg. 25Packet Pg. 31 A.1.dA.1.a 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) Packet Pg. 26Packet Pg. 32 A.1.eA.1.a 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) Packet Pg. 27Packet Pg. 33 A.1.eA.1.a 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) Packet Pg. 28Packet Pg. 34 A.1.eA.1.a 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) Packet Pg. 29Packet Pg. 35 A.1.eA.1.a 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) Packet Pg. 30Packet Pg. 36 A.1.eA.1.a 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) Packet Pg. 31Packet Pg. 37 A.1.b Attachment 2 Attachment: CB Tyres Cal Recyle Clean up Abatement Order 2016 \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07) Packet Pg. 38 A.1.b Attachment: CB Tyres Cal Recyle Clean up Abatement Order 2016 \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07) Packet Pg. 39 A.1.b Attachment: CB Tyres Cal Recyle Clean up Abatement Order 2016 \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07) Packet Pg. 40 A.1.b Attachment: CB Tyres Cal Recyle Clean up Abatement Order 2016 \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07) Packet Pg. 41 A.1.b Attachment: CB Tyres Cal Recyle Clean up Abatement Order 2016 \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07) Packet Pg. 42 A.1.b Attachment: CB Tyres Cal Recyle Clean up Abatement Order 2016 \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07) Packet Pg. 43 A.1.b Attachment: CB Tyres Cal Recyle Clean up Abatement Order 2016 \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07) Packet Pg. 44 A.1.b Attachment: CB Tyres Cal Recyle Clean up Abatement Order 2016 \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07) Packet Pg. 45 A.1.b Attachment: CB Tyres Cal Recyle Clean up Abatement Order 2016 \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07) Packet Pg. 46 A.1.b Attachment: CB Tyres Cal Recyle Clean up Abatement Order 2016 \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07) Packet Pg. 47 A.1.b Attachment: CB Tyres Cal Recyle Clean up Abatement Order 2016 \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07) Packet Pg. 48 A.1.b Attachment: CB Tyres Cal Recyle Clean up Abatement Order 2016 \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07) Packet Pg. 49 A.1.b Attachment: CB Tyres Cal Recyle Clean up Abatement Order 2016 \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07) Packet Pg. 50 A.1.b Attachment: CB Tyres Cal Recyle Clean up Abatement Order 2016 \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07) Packet Pg. 52 A.1.b Attachment: CB Tyres Cal Recyle Clean up Abatement Order 2016 \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07) Packet Pg. 53 A.1.b Attachment: CB Tyres Cal Recyle Clean up Abatement Order 2016 \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07) Packet Pg. 54 A.1.b Attachment: CB Tyres Cal Recyle Clean up Abatement Order 2016 \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07) Packet Pg. 55 A.1.b Attachment: CB Tyres Cal Recyle Clean up Abatement Order 2016 \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07) Packet Pg. 56 A.1.b Attachment: CB Tyres Cal Recyle Clean up Abatement Order 2016 \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07) Packet Pg. 57 A.1.b Attachment: CB Tyres Cal Recyle Clean up Abatement Order 2016 \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07) Packet Pg. 58 A.1.b Attachment: CB Tyres Cal Recyle Clean up Abatement Order 2016 \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07) Packet Pg. 59 A.1.b Attachment: CB Tyres Cal Recyle Clean up Abatement Order 2016 \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07) Packet Pg. 60 A.1.b Attachment: CB Tyres Cal Recyle Clean up Abatement Order 2016 \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07) Packet Pg. 61 A.1.b Attachment: CB Tyres Cal Recyle Clean up Abatement Order 2016 \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07) Packet Pg. 62 A.1.b Attachment: CB Tyres Cal Recyle Clean up Abatement Order 2016 \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07) Packet Pg. 63 A.1.b Attachment: CB Tyres Cal Recyle Clean up Abatement Order 2016 \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07) Packet Pg. 64 A.1.b Attachment: CB Tyres Cal Recyle Clean up Abatement Order 2016 \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07) Packet Pg. 65 A.1.b Attachment: CB Tyres Cal Recyle Clean up Abatement Order 2016 \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07) Packet Pg. 66 A.1.b Attachment: CB Tyres Cal Recyle Clean up Abatement Order 2016 \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07) Packet Pg. 67 A.1.b Attachment: CB Tyres Cal Recyle Clean up Abatement Order 2016 \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07) Packet Pg. 68 A.1.b Attachment: CB Tyres Cal Recyle Clean up Abatement Order 2016 \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07) Packet Pg. 69 A.1.b Attachment: CB Tyres Cal Recyle Clean up Abatement Order 2016 \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07) Packet Pg. 70 A.1.b Attachment: CB Tyres Cal Recyle Clean up Abatement Order 2016 \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07) Packet Pg. 71 A.1.b Attachment: CB Tyres Cal Recyle Clean up Abatement Order 2016 \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07) Packet Pg. 72 A.1.b Attachment: CB Tyres Cal Recyle Clean up Abatement Order 2016 \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07) Packet Pg. 73 A.1.b Attachment: CB Tyres Cal Recyle Clean up Abatement Order 2016 \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07) Packet Pg. 74 A.1.b Attachment: CB Tyres Cal Recyle Clean up Abatement Order 2016 \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07) Packet Pg. 75 A.1.b Attachment: CB Tyres Cal Recyle Clean up Abatement Order 2016 \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07) Packet Pg. 76 A.1.b Attachment: CB Tyres Cal Recyle Clean up Abatement Order 2016 \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07) Packet Pg. 77 A.1.b Attachment: CB Tyres Cal Recyle Clean up Abatement Order 2016 \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07) Packet Pg. 78 A.1.b Attachment: CB Tyres Cal Recyle Clean up Abatement Order 2016 \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07) Packet Pg. 79 A.1.b Attachment: CB Tyres Cal Recyle Clean up Abatement Order 2016 \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07) Packet Pg. 80 A.1.b Attachment: CB Tyres Cal Recyle Clean up Abatement Order 2016 \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07) Packet Pg. 81 A.1.b Attachment: CB Tyres Cal Recyle Clean up Abatement Order 2016 \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07) Packet Pg. 82 A.1.b Attachment: CB Tyres Cal Recyle Clean up Abatement Order 2016 \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07) Packet Pg. 83 A.1.b Attachment: CB Tyres Cal Recyle Clean up Abatement Order 2016 \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07) Packet Pg. 84 A.1.b Attachment: CB Tyres Cal Recyle Clean up Abatement Order 2016 \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07) Packet Pg. 85 A.1.b Attachment: CB Tyres Cal Recyle Clean up Abatement Order 2016 \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07) Packet Pg. 86 A.1.b Attachment: CB Tyres Cal Recyle Clean up Abatement Order 2016 \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07) Packet Pg. 87 A.1.b Attachment: CB Tyres Cal Recyle Clean up Abatement Order 2016 \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07) Packet Pg. 88 A.1.b Attachment: CB Tyres Cal Recyle Clean up Abatement Order 2016 \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07) Packet Pg. 89 A.1.b Attachment: CB Tyres Cal Recyle Clean up Abatement Order 2016 \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07) Packet Pg. 90 A.1.b Attachment: CB Tyres Cal Recyle Clean up Abatement Order 2016 \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07) Packet Pg. 91 A.1.b Attachment: CB Tyres Cal Recyle Clean up Abatement Order 2016 \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07) Packet Pg. 92 A.1.b Attachment: CB Tyres Cal Recyle Clean up Abatement Order 2016 \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07) Packet Pg. 93 A.1.b Attachment: CB Tyres Cal Recyle Clean up Abatement Order 2016 \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07) Packet Pg. 94 A.1.b Attachment: CB Tyres Cal Recyle Clean up Abatement Order 2016 \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07) Packet Pg. 95 A.1.b Attachment: CB Tyres Cal Recyle Clean up Abatement Order 2016 \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07) Packet Pg. 96 A.1.b Attachment: CB Tyres Cal Recyle Clean up Abatement Order 2016 \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07) Packet Pg. 97 A.1.b Attachment: CB Tyres Cal Recyle Clean up Abatement Order 2016 \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07) Packet Pg. 98 A.1.b Attachment: CB Tyres Cal Recyle Clean up Abatement Order 2016 \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07) Packet Pg. 99 A.1.b Attachment: CB Tyres Cal Recyle Clean up Abatement Order 2016 \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07) Packet Pg. 100 A.1.b Attachment: CB Tyres Cal Recyle Clean up Abatement Order 2016 \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07) Packet Pg. 101 A.1.b Attachment: CB Tyres Cal Recyle Clean up Abatement Order 2016 \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07) Packet Pg. 102 A.1.b Attachment: CB Tyres Cal Recyle Clean up Abatement Order 2016 \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07) Packet Pg. 103 A.1.b Attachment: CB Tyres Cal Recyle Clean up Abatement Order 2016 \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07) Packet Pg. 104 A.1.b Attachment: CB Tyres Cal Recyle Clean up Abatement Order 2016 \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07) Packet Pg. 105 A.1.b Attachment: CB Tyres Cal Recyle Clean up Abatement Order 2016 \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07) Packet Pg. 106 A.1.b Attachment: CB Tyres Cal Recyle Clean up Abatement Order 2016 \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07) Packet Pg. 107 A.1.b Attachment: CB Tyres Cal Recyle Clean up Abatement Order 2016 \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07) Packet Pg. 108 A.1.b Attachment: CB Tyres Cal Recyle Clean up Abatement Order 2016 \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07) Packet Pg. 109 A.1.b Attachment: CB Tyres Cal Recyle Clean up Abatement Order 2016 \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07) Packet Pg. 110 A.1.b Attachment: CB Tyres Cal Recyle Clean up Abatement Order 2016 \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07) Packet Pg. 111 A.1.b Attachment: CB Tyres Cal Recyle Clean up Abatement Order 2016 \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07) Packet Pg. 112 A.1.b Attachment: CB Tyres Cal Recyle Clean up Abatement Order 2016 \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07) Packet Pg. 113 A.1.b Attachment: CB Tyres Cal Recyle Clean up Abatement Order 2016 \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07) Packet Pg. 114 A.1.b Attachment: CB Tyres Cal Recyle Clean up Abatement Order 2016 \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07) Packet Pg. 115 A.1.b Attachment: CB Tyres Cal Recyle Clean up Abatement Order 2016 \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07) Packet Pg. 116 A.1.b Attachment: CB Tyres Cal Recyle Clean up Abatement Order 2016 \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07) Packet Pg. 117 A.1.b Attachment: CB Tyres Cal Recyle Clean up Abatement Order 2016 \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07) Packet Pg. 118 A.1.b Attachment: CB Tyres Cal Recyle Clean up Abatement Order 2016 \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07) Packet Pg. 119 A.1.b Attachment: CB Tyres Cal Recyle Clean up Abatement Order 2016 \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07) Packet Pg. 120 A.1.c 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) Packet Pg. 121 A.1.c 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 Packet Pg. 122 A.1.c Attachment: CalRecycle 10.25.2016 Inspection \[Revision 2\] (2142 : Administrative Conditional Use Permit 05-07) Packet Pg. 123 A.1.c 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) Packet Pg. 124 A.1.c Attachment: CalRecycle 10.25.2016 Inspection \[Revision 2\] (2142 : Administrative Conditional Use Permit 05-07) Packet Pg. 125 A.1.c Attachment: CalRecycle 10.25.2016 Inspection \[Revision 2\] (2142 : Administrative Conditional Use Permit 05-07) Packet Pg. 126 A.1.c 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 Packet Pg. 127 A.1.c 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 Packet Pg. 128 A.1.c 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 Packet Pg. 129 A.1.c 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 Packet Pg. 130 A.1.c 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 Packet Pg. 131 A.1.c 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 Packet Pg. 132 A.1.c 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 Packet Pg. 133 A.1.c 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 Packet Pg. 134 A.1.c 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 Packet Pg. 135 A.1.c 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 Packet Pg. 136 A.1.c 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 Packet Pg. 137 A.1.c 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 Packet Pg. 138 A.1.c 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 Packet Pg. 139 Attachment: CB Tyres_Code Enforcement Report_3.31.2017 \[Revision 2\] (2142 : Administrative A.1.d Packet Pg. 140 Attachment: CB Tyres_Code Enforcement Report_3.31.2017 \[Revision 2\] (2142 : Administrative A.1.d Packet Pg. 141 Attachment: CB Tyres_Code Enforcement Report_3.31.2017 \[Revision 2\] (2142 : Administrative A.1.d Packet Pg. 142 Attachment: CB Tyres_Code Enforcement Report_3.31.2017 \[Revision 2\] (2142 : Administrative A.1.d Packet Pg. 143 Attachment: CB Tyres_Code Enforcement Report_3.31.2017 \[Revision 2\] (2142 : Administrative A.1.d Packet Pg. 144 Attachment: CB Tyres_Code Enforcement Report_3.31.2017 \[Revision 2\] (2142 : Administrative A.1.d Packet Pg. 145 Attachment: CB Tyres_Code Enforcement Report_3.31.2017 \[Revision 2\] (2142 : Administrative A.1.d Packet Pg. 146 Attachment: Fire Inspection_3.9.2017_CUPA \[Revision 2\] (2142 : Administrative Conditional Use Permit Attachment 5 A.1.e Packet Pg. 147 Attachment 6 A.1.f Attachment: County Fire Inspection_3.15.2017_ \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07) Packet Pg. 148 A.1.f Attachment: County Fire Inspection_3.15.2017_ \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07) Packet Pg. 149 A.1.f Attachment: County Fire Inspection_3.15.2017_ \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07) Packet Pg. 150 A.1.f Attachment: County Fire Inspection_3.15.2017_ \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07) Packet Pg. 151 A.1.f Attachment: County Fire Inspection_3.15.2017_ \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07) Packet Pg. 152 A.1.f Attachment: County Fire Inspection_3.15.2017_ \[Revision 1\] (2142 : Administrative Conditional Use Permit 05-07) Packet Pg. 153 A.1.g 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. Page 1 of 4 Packet Pg. 154 A.1.g 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. Page 2 of 4 Packet Pg. 155 A.1.g 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 Page 3 of 4 Packet Pg. 156 A.1.g 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) Page 4 of 4 Packet Pg. 157 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. Packet Pg. 158 B.2 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 Packet Pg. 159