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2011-02 l RESOLUTION NO. 2011- 02 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GRAND TERRACE APPROVING CONDITIONAL USE PERMIT 11-01 AND SITE AND ARCHITECTURAL REVIEW 11-01 TO RE-USE AN EXISTING SITE BY ESTABLISHING A RECYCLING COLLECTION FACILITY LOCATED AT 21516 MAIN STREET WHEREAS, American Metal Recycling ("Applicant"), represented by Todd Rubin, has submitted applications to re-use approximately two acres of a four acre parcel to establish a metal recycling collection center ("Project"). The project site is zoned M2-Industrial and has a General Plan land use designation of Industrial. WHEREAS, accepted recycling items include CRV cans, glass and plastic bottles, various metals, automotive parts, and household items. Collected items are placed in metal bins stored under a fully covered 11,000 square foot warehouse building. The recycled items are trucked to an offsite facility where they are processed for shipment to recycling mills. Limited site improvements and parkway landscaping will occur. A 1,350 square foot office will be occupied and house 5 employees. Approximately 20 vehicle trips a day and two weekly operator diesel truck trips are expected to occur. Hours of operation are 8:00 a.m. to 4:00 p.m. Monday through Friday, and 8:00 a.m. to 2:00 p.m. on Saturday. WHEREAS, an environmental Initial Study was prepared pursuant to the California - 1 Environmental Quality Act (CEQA), which was circulated for public review from February 28, 2011 to March 29, 2011. The Initial Study determined that the project would not have a significant effect on the environment because mitigation measures have been incorporated into the project to reduce all potential impacts to insignificant levels with respect to Hazards/Hazardous Materials and Noise, and a Mitigated Negative Declaration was prepared. WHEREAS, on March 31, 2011 the Planning Commission conducted a duly noticed public hearing on Project at the Grand Terrace Council Chambers located at 22795 Barton Road, Grand Terrace, California 92313 and concluded the hearing on said date. WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred. NOW THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Grand Terrace: 1. The Planning Commission hereby finds that, based on the Initial Study, the public hearing, and substantial evidence in the record, the Project will not have a significant effect on the environment because all potential environmental impacts have been mitigated to a level of non-significance through the incorporation of mitigation measures in the Project approval. The Mitigated Negative Declaration and Mitigation Monitoring Plan, included herein as Exhibit 3, prepared in connection with the Project have been reviewed and considered and reflect the independent judgment of the Planning Commission, and are hereby adopted. Page 1 of 6 2. The Planning Commission finds as follows with respect Conditional Use Permit 11-01: a. The proposed use will not be detrimental to the health, safety, morals, comfort or general welfare of the persons residing or working within the neighborhood of the proposed project or within the city because an Environmental Initial Study was prepared which evaluated for potential impacts relating to air quality, noise, traffic, and hazards/hazardous materials. The Initial Study determined that the project would generate less than significant traffic and air quality impacts, and that potential impacts relating to noise and hazards/hazardous materials would be mitigated to less than significant impacts. b. The proposed use will not be injurious to property or improvements in the neighborhood or within the City because the Project will be built in accordance with the building codes, meets all applicable setbacks, and as stated in Paragraph 2.a above, potential impacts relating to air quality, noise, traffic and hazards/hazardous materials are less than significant or have been mitigated to less than significant levels. C. The proposed Project is consistent with the General Plan because it is consistent with the intended land uses of the Industrial land use designation. It is consistent with Open Space and Conservation Policies 4.8.1 and 4.8.2 regarding protection of water quality in that the Project has been evaluated - during the CEQA and Project-review process to identify and address potential point and non-point sources of groundwater contamination; enforcing compliance with NPDES, WQMP, BMP and RWQCB requirements. The Project conforms to Noise Element Policy 6.2.1 regarding potential noise impacts because the Project has been evaluated for potential noise impacts and appropriate mitigation is being applied. The Project promotes Open Space and Conservation, Public Services, and Sustainable Element Policies relating to recycling and reduction of the waste stream. d. Conditions necessary to secure the purposes of Chapter 18.83 (Conditional Use Permit) are made a part of the conditional use permit. 4. The Planning Commission finds as follows with respect to Site and Architectural Review 11-01: a. The Project is consistent with the intent of the Grand Terrace Municipal Code and the General Plan. The Project site is "zoned M2-Industrial and on October 21, 2010 the Planning Commission adopted Resolution No. 2010-11 determining that metal recycling collection centers are conditionally permitted in the M2 Industrial. The Project has been conditioned to comply with applicable ordinances and regulations of the Municipal Code, such as the Noise Ordinance, and in keeping with Chapter 18.88 (Conditional Use Permits), operating conditions of approval have been incorporated into the Project. The Project is located in the Industrial General Plan land use designation, and the use is consistent with the intended uses of the Industrial designation. The Page 2 of 6 Project complies with the Open Space and Conservation Element regarding protection of water quality in that the Project has been evaluated during the CEQA and Project-review process to identify and address potential point and non-point sources of groundwater contamination; enforcing compliance with NPDES, WQMP, BMP and RWQCB requirements (Policies 4.8.1 and 4.8.2) . The Project conforms to Noise Element Policy 6.2.1 regarding potential noise impacts because the Project has been evaluated for potential noise impacts and appropriate mitigation is being applied. The Project promotes Open Space and Conservation, Public Services, and Sustainable Element Policies relating to recycling and reduction of the waste stream (Policies 4.6.4, 7.4.3 and 9.2.3). b. The location and configuration of all structures associated with this Project are visually harmonious with this site and surrounding sites and structures, that they do not interfere with the neighbors' privacy, that they do not unnecessarily block scenic views from other structures and/or public areas and are in scale with the townscape and natural landscape of the area. The Applicant will re- use existing structures. The existing structures do not obstruct views of Blue Mountain, nor interfere with privacy of adjacent properties. The Project is in scale with the surrounding area. C. The architectural design of structures, their materials and colors are visually harmonious with the surrounding development, natural landforms, are functional for the Project and are consistent with the Grand Terrace Municipal Code. The Project will be established utilizing existing structures, which are already painted an earth-tone tan. Where building openings have been filled in, the Applicant has been conditioned to paint the filled in area with a matching or complementary color. C. The plan for landscaping and open spaces provide a functional and visually pleasing setting for the structures on this site and is harmonious with the natural landscape of the area and nearby developments. Parkway landscaping will be re-installed to visually enhance the streetscape. e. There is no indiscriminate clearing of property, destruction of trees or natural vegetation or the excessive and unsightly grading of hillsides, thus the natural beauty of the City, its setting and natural landforms are preserved. The Project site is fully developed. On-site landscaping will be maintained, and parkway landscaping will be re-installed. f. The design and location of all signs associated with this Project are consistent with the scale and character of the building to which they are attached or otherwise associated with and are consistent with the Grand Terrace Municipal Code. No signs are proposed at this time. However, the installation of any signs will require compliance with the City's Sign Code. g. Conditions of approval for this Project necessary to secure the purposes of the Grand Terrace have been applied to the Project. Page 3of6 BE IT FURTHER RESOLVED that Conditional Use Permit 11-01 and Site and Architectural Review 11-01 are hereby approved subject to the following conditions: 1. Conditional Use Permit 1-1-01 and Site and Architectural Review 11-01 are approved based on the application materials submitted by American Metal Recycling, on January 3, 2011, including the site and floor plans dated February 17, 2011, and the preliminary landscape plans dated January 3, 2011. All plans shall be consistent in terms of property lines, easement location and dimensions and other measurements. This approval includes the operation of a metal collection recycling center, including a CRV buy back center. 2. This approval shall expire twelve (12) months from the date of adoption of this resolution unless building permits have been issued and a substantial investment has occurred; all conditions of approval have been met; or a time extension has been granted by the City, in accordance with Chapter 18.63 of the Zoning Code. Time extensions shall be filed at least sixty (60) days prior to the expiration date. 3. The applicant shall defend, indemnify, and hold harmless the City of Grand Terrace and its officers, employees, and agents from and against any claim, action, or proceeding against the City of Grand Terrace, its officers, employees, or agents to attack, set aside, void, or annul any approval or condition of approval of the City of Grand Terrace concerning this project, including but not limited to any approval or condition of approval of the Planning Commission, or Community and Economic Development Director. The City shall promptly notify the applicant of any claim, . action, or proceeding concerning the project and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officers, employees, and agents in the defense of the matter. 4. The project shall be constructed in accordance with all the approved plans and conditions of approval, including but not limited to site, floor and landscape plans. 5. The applicant shall pay all applicable development impact fees, and demonstrate the payment of school impact fees to the Building and Safety Department. 6. The applicant shall comply with all applicable local, county, state and federal regulations, including Chapter 5.44 of the City's Municipal Code and the California Business and Professions Code, and obtaining applicable clearances from the State of California Department of Resources Recycling and Recovery. 7. Construction and operational activities associated with the project shall comply with the regulations of the City's Noise Ordinance, Chapter 8.108 of the Grand Terrace Municipal Code. 8. Upon approval of these conditions and prior to becoming final and binding, the applicant must sign and return an "Acceptance of Conditions" form. The form and content shall be prepared by the Community and Economic Development Department. Page 4 of 6 - 9. The applicant shall comply with all requirements of the City of Grand Terrace Director of Building and Safety/Public Works, including the conditions of approval contained in the Director's memorandum dated January 24, 2011, attached hereto as Exhibit 1. 10. The applicant shall comply with all requirements of the San Bernardino County Fire Department, Office of the Fire Marshal Community Safety Division, including the conditions of approval contained in their letter dated January 13, 2011, attached hereto as Exhibit 2. 11. The applicant shall comply with the Mitigation Monitoring Plan prepared for the project, attached hereto as Exhibit 3. 12. The applicant shall pick up residual trash around the perimeter of the Project site on a daily basis. 13. Prior to the issuance of a certificate of occupancy the applicant shall submit three (3) copies of landscape and irrigation plans to the Community and Economic Development Department for review and approval. These plans' may show alternating gravel and landscape pockets along the parkway so that site landscape is less than 2,500 square feet. A temporary certificate of occupancy may be issued to allow deferred installation of the landscape, not to exceed 60 days from the date that a temporary certificate of occupancy is issued. 14. The applicant shall paint the filled in areas of the warehouse industrial building to match the primary building color. As an alternative, these areas may be painted with a complementary accent color. 15. Recycled items shall not be stored outdoors. All recycled materials shall be kept inside bins stored within the industrial warehouse building. 16. Prior to initiation of business activities and opening of the business to the general public, the applicant shall obtain a Business License from the Finance Division, which shall be maintained as long as the business is in operation. 17. The applicant shall be responsible for regular and ongoing upkeep and maintenance of the site, including parking lot paving condition and striping, clearing of trash, weeds and debris, lighting, and other site improvements. All parking facilities shall be maintained in good condition. The maintenance thereof may include, but shall not be limited to the repaving, sealing, and striping of a parking area and the repair, restoration and/or replacement of any parking area design features when deemed necessary by the City to insure the health, safety, and welfare of the general public. 18. All on-site and parkway landscaping shall be maintained by the applicant in good condition at all times. 19. *Prior to the issuance of a Certificate of Occupancy, the applicant shall obtain applicable clearances from the San Bernardino County Fire Department Hazardous Page 5of6 -- Materials Division, which acts as the Certified Unified Program Agency (CUPA) Program. 20. *As an ongoing condition of approval, the transfer of recycled materials from bin to bin, the movement of bins within the Project site, and the transportation of bins to and from the Project site shall not occur any earlier than 10:00 a.m. in the morning. 21. No on-site dismantling or disassembly shall be allowed. 22. The applicant shall post the hours of operation in a location visible to the public. 23. The applicant shall provide a truck routing plan for American Metal Recycling trucks to the City. *Indicates Mitigation Measure PASSED AND ADOPTED by the Planning Commission of the City of Grand Terrace, California, at a regular meeting held on the 31st day of March, 2011. AYES: Chairman Wilson, Commissioner Comstock, Commissioner Kongtang NOES: None r ABSENT: Vice Chair Addington, Commissioner Bailes ABSTAIN: None ATTEST: _2Ott krN Brenda Mesa Doug Wilson City Clerk Chairman, Planning Commission Page 6 of 6 Exhibit 1 Building and Safety/Public Works Department Conditions of Approval Date: January 24, 2011 Applicant: American Metal Recycling, Todd Rubin,President. Address of Applicant: 11150 Redwood Ave,Fontana, CA 92337 Site Location: 21516 Main Street W.O.# 12-8.5477 Provide four(4) construction plans and information for review of the proposed project. Below is a list of the plans and documents needed for plan review. The initial plan review usually will take three weeks on most projects. You have received work order number 12-8.5477, for the proposed project. This number will be needed to obtain information regarding your plan review. A plan review fee and permit fee will be charged at the time plans are approved and are ready to issue. Provide the following sets of plans and documents. Buildine and Safety submittal's required at Frst plan review. (1) Lease Agreement (4) Plot/Site Plans (2) Water Quality Management Plan, (WQMP) Building&SafetwPublic Works General Information All structures shall be designed in accordance with the 2010 California Building Code, 2010 California Mechanical Code, 2010 California Plumbing Code, and the 2010 California Electrical Code adopted by the State of California. The Developer/Owner is responsible for the coordination of the final occupancy. The Developer/Owner shall obtain clearances from each department and division prior to requesting a final building inspection from Building & Safety. Each agency shall sign the bottom of the Building & Safety Job Card. Building & Safety inspection requests and Public Works inspection requests can be made twenty four (24) hours in advance for next day inspection. Please contact (909) 825-3825. You may also request inspections at the Building & Safety public counter. Building Permit Conditions 1. Prior to issuance of Building Permits, on site water service shall be installed and approved by the responsible agency. On site Fire Hydrants shall be approved by the Fire Department. No flammable materials will be allowed on the site until the Fire Hydrants are established and approved. 2. Prior to issuance of Building Permits, provide Building& Safety with a will service letter from Riverside Highland Water Company. (909) 825-4128, 3. All construction projects shall comply with National-Pollutant Discharge Elimination Systems (NPDES). NPDES reports shall be submitted with project plans showing Best Management Practices (BMP) at time of plan review. The existing site finish grade allows nuisance water to flow directly to the street unabated. Provide plans for a filter or retention area to be installed at the storm inlet near the entrance to the facility. 4. Prior to issuance of building permits, provide Building and Safety with a clearance from the Santa Ana Regional Water Control Board. Submit.an application for a Notice of Intent for coverage under the General Industrial Permit. (951)-782-4130 5. Prior to issuance of building permits or approvals provide Building and Safety with a ��- clearance letter from South Coast Air Quality Management. (909)-396-2000 6. A building permit will be required for the disabled ramp and disabled parking stall construction. 7. Prior to occupancy, provide a clearance from San Bernardino County Fire Marshal's office. 8. Provide plans for any new machinery or devise used that is ran by fuel or electrical for recycling. This includes any devise for weighing trucks or containers. Exhibit 2 SAN BERNARDINO COUNTY . COUNTY OF SAN BERNARDINO FIRE DEPARTMENT PUBLIC AND SUPPORT t ♦ SERVICES GROUP OFFICE OF THE FIRE MARSHAL DAN WURL COMMUNITY SAFETY DIVISION Fire Chief 620 South "E"Street r San Bernardino;Ca.92415-0179 (909)386-8465-Fax(909)386-8460 ' DATE: January 13, 2011 EXPIRATION: January 2012 AMERICAN METAL RECYCLING TODD RUBIN 11150 REDWOOD AVENUE 92337 PERMIT NUMBER: F201100011 PROJECT NUMBER: CUP 11-01 LOCATION: 21516 MAIN STREET-GRAND TERRACE PROJECT TYPE: CUP OCCUPANCY TYPE: B,S APN: 1167-111-10-0000 PROPOSAL: AMERICAN METAL RECYCLING IS PROPOSING TO ESTABLISH A.METAL RECYCLING COLLECTION FACILITY OPEN TO PUBLIC O APPROXIMATELY TWO ACRES OF A FOUR ACRE PARCEL ZONED M2=INDUSTRIAL. NO HAZ-MAT WILL BE COLLECTED. NO NEW BUILDINGS PROPOSED. PLANNER: SANDRA MOLINA fear Applicant: l � With respect to the conditions of approval regarding the above referenced project, the San Bernardino County Fire Department requires the following fire protection measures to be provided in accordance with applicable local ordinances, codes, and/or recognized fire protection standards. The Fire Conditions Attachment of this document sets forth the FIRE CONDITIONS and STANDARDS which are applied to this project. FIRE CONDITIONS: All FIRE CONDITIONS FOR THIS PROJECT ARE ATTACHED Page of Sincerely, San Bernardino County Fire Department valley Division Community Safety Division �;rty, Honor, Community FIRE CON DITIONS'ATTACHMENT DATE: 01-13-2011 ,-----,PROJECT: CUP 11-01 ,.errumu.d ! 'PERMIT NUMBER: F201100011 ``JLOCATION: 21516 MAIN STREET-GRAND . TERRACE PARCEL: 1167-111-10-0000 ., . D [ � CONDITIONS Cond: F01. JAN 13 2011 Jurisdiction. The above referenced project is under the jurisdiction of the San Bernardino County Fire Department herein ("Fire Department'). Prior to any construction occurring on any parcel,the applicant shall contact the Fire Department for verification of current fire protection requirements.All new construction shall comply with the current Uniform Fire Code requirements and all applicable statutes,codes, ordinances and standards of the Fire Department. [F01] Cond: F03 Inspection by Fire Department. Permission to occupy or use the building(Certification of Occupancy or Shell Release)will not be granted until the Fire Department inspects,approves and signs off on the Building and Safety job card for"fire final". [F03] Cond: F05B Fire Flow Test.Your submittal did not include a flow test report to establish whether the public water supply is capable of meeting your project fire flow demand,You will be required to either produce a current flow test report from your water purveyor demonstrating that the fire flow demand is satisfied or you must install an approved fire sprinkler system.This requirement shall be completed prior to combination inspection by Building and Safety. [F05B] ond: F41 ;access.The development shall have a minimum of points of vehicular access. These are for fire/emergency equipment access and for evacuation routes. Standard 902.2.1 Single Story Road Access Width: All buildings shall have access provided by approved roads,alleys and private drives with a minimum twenty six(26)foot unobstructed width and vertically to fourteen(14)feet six(6)inches in height.Other recognized standards may be more restrictive by requiring wider access provisions. Multi-Story Road Access Width: Buildings three(3)stories in height or more shall have a minimum access of thirty(30)feet unobstructed width and vertically to fourteen (14)feet six (6)inches in height. [F41] Cond: F82 Commercial Addressing. Commercial and industrial developments of 100,000 sq.ft or less shall have the street address installed on the building with numbers that are a minimum six(6)inches in height and with a three quarter(3/4.) inch stroke. The street address shall be visible from the street. During the hours of darkness,the numbers shall be electrically illuminated (internal or external).Where the building is two hundred (200)feet or more from the roadway, additional non-illuminated contrasting,six(6)inch numbers shall be displayed at the property access entrances. Standard 901.4.4[F82] Cond: F88 Fire Extinguishers. Hand portable fire extinguishers are required.The location,type, and cabinet i _i!.,�sign shall be approved by the Fire Department. [F88] ,jnd: F8:6 Page of FIRE CONDITIONS ATTACHMENT, --~� DATE: 01-13-2011 '• M • --- PROJECT: CUP 11-01 f ... -ERMIT NUMBER: F201100011 ,.00ATION: 21516 MAIN STREET-GRAND '! TERRACE . PARCEL: 1167-111-10-0000 . 0 Override Switch.Where an automatic electric security gate is used, an approved Fire Department override switch(Knox®)is required. Standard 902.4 [F86] Entry: 01/13/2011 By: 10545 Action:AUTH An approved fire hydrant meeting the required fire flow of 1500gpm/2hrs duration is required with 300'of all structures. Page of Exhibit 3 Mitigation Monitoring and Reporting Plan Conditional Use Permit 11-01/Site and Architectural Review 11-01 American Metal Recycling Mitigation Mitigation Measure I Implementation I Verification I Signature Measure I Hazards/Hazardous Materials The applicant shall obtain applicable clearances from the San Bernardino County Fire Prior to the Building and Hazards=01 Department Hazardous issuance of a Safety . Materials Division, which acts Certificate of Department as the Certified Unified Occupancy Program Agency (CUPA) Program. Noise Noise—01: As an ongoing Community condition of approval, the and transfer of recycled materials from bin to bin, the movement Economic As a part of project nt Departmentpme Noise—01 of bins within the Project site, review and the transportation of bi Developme ns and Code to and from the Project site Enforcement shall not occur any earlier than 10:00 a.m. in the morning. Community and Economic Development Department CALIFOR,YI,A Mitigated Negative Declaration Date: April 4, 2011 Project Title: American Metal Recycling (Conditional Use Permit 11-01, Site and Architectural Review 11-01, and Environmental 11-01) Project Location: 21516 Main Street (Assessor's.Parcel Number 1167-111-10) Description of Project: Re-use an existing industrial site to establish a recycling collection facility on 2 acres zoned M2-Industrial. Accepted recycling items include CRV cans, glass and plastic bottles, various metals, automotive parts, and household items. Collected items are placed in metal bins stored under a fully covered 11,000 square foot warehouse building. The recycled items are trucked to an offsite facility where they are processed for shipment to recycling mills. Limited site improvements and parkway landscaping will occur. A 1,350 square foot office will be occupied and house 5 employees. Approximately 20 vehicle trips a day and two weekly operator diesel truck trips are expected to occur. Hours of operation are 8:00 a.m. to 4:00 p.m. Monday through Friday, and 8:00 a.m. to 2:00 p.m. on Saturday. Project Proponent: American Metal Recycling, Todd Rubin, representative Lead Agency: City of Grand Terrace, Community and Economic Development Department Contact Person: Sandra Molina, Senior Planner (909)430-2247 Public Hearing: Planning Commission —Thursday, March 31, 2011, 6:30 p.m. Environmental Finding: On the basis of the Initial Study prepared for the project, it has been determined that the project has been modified to incorporate the mitigation measures listed below so that it would not have a potentially significant effect on the environment. A copy of said Initial Study is available for review from February 28, 2011 to March 29, 2011 at the Community and Economic Development Department, 22795 Barton Road, Grand Terrace, California 92313. This document constitutes a Mitigated Negative Declaration. Hazards — 01: Prior to the issuance of a Certificate.of Occupancy, the applicant shall obtain applicable clearances from the San Bernardino County Fire Department Hazardous Materials Division, which acts as the Certified Unified Program Agency (CUPA) Program. Noise— 01: As an ongoing condition of approval, the transfer of recycled materials from bin to bin, the movement of bins within the Project site, and the transportation of bins to and from the Project site shall not occur any earlier than 10:00 a.m. in the morning. Mitigated Negative Declaration American Metal Recycling Page 2 of 2 Prior to the Public Hearing, the public is invited to submit written comments on this Mitigated Negative Declaration during the public review period to the Community and Economic Development Department, City of Grand Terrace, Grand Terrace, California 92313. Telephone: (909) 430-2218, Facsimile: (909) 783-2600, or Email: smolina(a.citvofcirandterrace.ora. Please refer to the Application Numbers listed above. <CySignature: -Sandra Molina Senior Planner Date: (/2-01 1 1 Y:\Project Files\CUP 11-01 American Metal Recycling\Environmental Docs\MND American Metal Recycling.doc