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04-06-2017 CITY OF GRAND TERRACE PLANNING COMMISSION/SITE AND ARCHITECTURAL REVIEW BOARD MINUTES 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 Chairman Comstock convened the Meeting of the Planning Commission and Site and Architectural Review Board. Pledge of Allegiance was led by Commissioner Ceseña. Attendee NameTitleStatusArrived Tom ComstockChairmanPresent Tara CeseñaVice ChairPresent Jeffrey AllenCommissionerPresent Edward A. GirouxCommissionerPresent Gregory A. GoatcherCommissionerPresent PUBLIC ADDRESS None 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 Director Molina gave the PowerPoint presentation for this item. Commissioner Giroux inquired if then who is responsible for the clean-up. City Attorney Adams replied that the use would be revoked but the owners would still be responsible for the clean-up. City of Grand TerracePage 1 Minutes Grand Terrace Planning Commission/Site and Architectural Review Board April 6, 2017 Commissioner Giroux asked if the owners inquired about other properties to move the tires to in order to start reducing the tires on their lot. Director Molina replied that City staff had spoken with Mr. Tejeda about options for becoming compliant but do not recall a conversation about looking for other properties. Commissioner Goatcher inquired if the tire shop has stopped taking in tires. Director Molina replied that Mr. Tejada stated that CB Tires is no longer accepting tires. Chairman Comstock asked Code Enforcement Officer Barrie Greer-Owens to come to the podium, and commented that there appears to be more tires on the property and inquired about Officer Greer-Owens recent visit. Officer Greer-Owens replied that there was an active crane loading the tires into the trailers and that looking at the photos it would be accurate to assume the number of tires is the same as before. Commissioner Goatcher asked if the trailers were loaded with tires. Officer Greer-Owens replied that there was a crane loading tires into the containers, but the owners could answer that question more accurately. Chairman Comstock asked if the tires were pulled back from the fence line because he is concerned about a fire hazard. Officer Greer-Owens replied that they had not done an interior inspection since March, but that it is scheduled to occur. Vice-Chair Cesena asked if Officer Greer-Owens felt that the owners were working towards compliance. Officer Greer-Owens replied that they contracted with a vendor to try to reduce the number of tires Director Molina commented that they spoke to CB Tires about a number of options they could use to become compliant such as moving the shredder on-site. They also spoke th about how the Commission is expecting to see significant progress before the April 6 meeting and that CB Tires agreed to make significant progress before said meeting but did not. Commissioner Allen asked about what the other options were for CB Tires. Director Molina replied that CB Tires also looked at other places to deliver the tires. City of Grand Terrace Page 2 Minutes Grand Terrace Planning Commission/Site and Architectural Review Board April 6, 2017 There was also discussion about a temporary shredder to become compliant and that a permanent one requires a Conditional Use Permit, but neither of them have been requested. David and Mercedes of CB Tires stated that they have already removed 7 trailers and 4 loads since the last meeting. Regarding the pile of tires on the most recent photograph, many of them have been removed since the photograph was taken. The Fire Department required them to move some of the trailers in front of the office first in case of an emergency. They deliver the tires to a third-party vendor when the vendor allows it. The owner of CB Tires was at Mitsubishi trying to see what he could do. Half of the trailers are empty and they are trying to move the tires and trailers in accordance with the requirements of the Fire Department. Furthermore, they stated they are trying to get the shredder but it takes time to process the permits and other paperwork. Commissioner Giroux asked what their positions are with CB Tires and how long it would take to acquire the shredder. He also inquired if they were aware of the fact that CB Tires has numerous code violations which were reported to CB Tires almost a year ago and that the California Department of Resources Recycling and Recovery Tire Compliance Unit, and the City of Grand Terrace Code Enforcement staff have cited you for non-compliance with your Conditional Use Permit and operating without other permits. He also gave the following timeline: thrdth - · April 20, May 23 and August 11 Cal Recycle visited property and told CB Tires that they were non-compliant. th - · September 14 Cal Recycle issued a clean-up and abatement order to be th completed by October 14. th - · July 28 Grand Terrace Code Enforcement staff conducted inspection and determined that CB Tires was non-compliant with Conditional Use Permit. th - · August 12 issued citation due to ongoing non-compliance with conditions of approval. th - · March 15 Grand Terrace Code Enforcement staff conducted inspection and determined that CB Tires was still non-compliant. Also, Fire Department issued warnings about the property. and they permits to move shredder from Arizona to Grand Terrace. They were aware of all the notices from the tire compliance unit and the City of Grand Terrace but did not receive notice by the Tire Compliance Unit stating they were operating without a permit. Commissioner Giroux inquired if they were still collecting tires and then taking them to Mitsubishi for disposal instead of just taking all of tires they currently have to Mitsubishi. David said they are doing so in fulfillment of their contract with their vendors but understands how it looks. City of Grand Terrace Page 3 Minutes Grand Terrace Planning Commission/Site and Architectural Review Board April 6, 2017 th Commissioner Cesena asked what their policy is for receiving their 500tire when they are only allowed to receive 499. David and Mercedes d they can. Commissioner Goatcher asked that if the picture they are looking at of a pile of tires was taken at 4:30 when CB Tires claims the pile has been removed. How did that happen in the 2 hours between when the picture was taken and the Planning Commission meeting started. David replied that they have an excavator which can move the pile in 15 minutes. Commissioner Goatcher asked how many tires could fit in a container. David replied that it varies but he guessed 300 in one container. Chairman Comstock commented that originally there were 30,000 tires when CB Tires first received notice but then the amount was reduced to 15,000 tires and later went back up to 24,000 tires. He asked if CB Tires stopped collecting tires, then how did the number go from 15,000 to 24,000 again. David replied that perhaps more tires were discovered as they moved the tires around. Chairman Comstock asked if they were removing the metal rims from the tires per the Cal Recycle requirements. David replied that yes, they have a rim machine and they use it. Chairman Comstock pointed out that CB Tires stated that by the next meeting they could eliminate the entire pile of tires and they have not. David com property they have eliminated big piles of tires. Chairman Comstock asked why they should give CB Tires a 2-month extension on a Mercedes replied Mitsubishi told them they could take more loads and once the shredder arrives they can achieve their goals in the next 2 months. Commissioner Allen asked what the other tire recycling businesses are doing. David replied that the other b have the permits for that. City of Grand Terrace Page 4 Minutes Grand Terrace Planning Commission/Site and Architectural Review Board April 6, 2017 Commissioner Giroux requested someone from the Fire Department to speak. Fire Marshall Adam Tanos approached the microphone. Commissioner Giroux asked if CB Tires has concerns. Fire Marshall Tanos replied that there has been no noticeable difference between thth inspections on March 14 and March 30. Chairman Comstock asked what the effect would be if the tires caught fire. Fire Marshall Tanos replied that it would take the Fire Department several hours to put out Chairman Comstock commented that the commission can either vote to modify the Conditional Use Permit or revoke the permit. Therefore, the vote tonight will be for the revoking of the Conditional Use Permit. There are two reasons that allow for the revocation. The first is the non-compliance with the Conditional Use Permit. The second is the violation of federal, state and local laws. Commissioner Allen asked if CB Tires is the property owner and if the property owner has been involved in this. Director Molina replied that CB Tires is not the property owner and that the City staff has sent notices to the property owners but has yet to hear a reply. Commissioner Allen asked if the permit is revoked then who would be responsible for the clean-up of the site. ecycle would send in a team to clean up the site. Additionally, the owner of the company is still responsible for the clean-up even after the permit is revoked. City Attorney Adams commented that there are a number of options to enforce the clean-up from criminal prosecution to getting a receiver to take over the property. Commissioner Allen asked if the property owner has any responsibility in the clean-up of the site. City Attorney Adams replied that yes, the property owner has been cited and is also responsible for the clean-up of the site. Chairman Comstock stated his reasons for supporting revoking their permit. 1. There has been non-compliance with the provisions of the Conditional Use Permit. City of Grand Terrace Page 5 Minutes Grand Terrace Planning Commission/Site and Architectural Review Board April 6, 2017 2.There are many health and safety violations that could endanger the community. There was a tire fire in Los Angeles a while back that took a long time to extinguish and emitted toxins into the atmosphere and a nearby channel. Cal Recycle has cited the business a number of times. 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 RESULT: APPROVED \[UNANIMOUS\] AYES: Comstock, Ceseña, Allen, Giroux, Goatcher B.INFORMATION TO COMMISSIONERS Director Molina followed up on the questions about secondary dwelling units that were asked in the previous meeting: 1. Yes, the code does permit for a secondary dwelling unit and a guest house if 2. Sewer and water fees can be assessed because they are user charges. However, the connection fees cannot be assessed if the secondary dwelling unit is within the footprint of the primary dwelling unit. Connection fees can be prorated if the secondary dwelling unit is detached. 3. Development impact fees can be assessed. Director Molina commented that the Code Enforcement staff is hosting a spring cleaning program where they go through each neighborhood citing inoperable vehicles. Residents have been notified. Commissioner Giroux asked what would trigger a citation in terms of inoperable vehicles. Director Molina replied that dismantled, wrecked vehicles or other indicators that the Commissioner Giroux asked if a resident could receive a citation for the tires going flat on a vehicle that he/she purchased and planned to restore. City of Grand Terrace Page 6 Minutes Grand Terrace Planning Commission/Site and Architectural Review Board April 6, 2017 Director Molina replied that it pertains to vehicles in the driveway, but if a resident has a with the code. Commissioner Allen thanked Officer Greet-Owens for taking on the task of spring cleaning and that he looks forward to more spring cleanings. Vice-Chair Cesena acknowledged that Officer Greer-Owens job is challenging and that they try to support her when they can. 2. ogle.2153 : Follow Up Report - ADU Ordinance RECEIVE AND FILE REPORT C.INFORMATION FROM COMMISSIONERS None 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. _________________________________ _________________________________ Tom Comstock Sandra Molina Chairman of the Grand Terrace Planning Director of Planning and Development Commission Services Department City of Grand Terrace Page 7