2011-04 RESOLUTION NO. 11- 04
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
GRAND TERRACE APPROVING CONDITIONAL USE PERMIT 10-04,
SITE AND ARCHITECTURAL REVIEW 11-03 AND ADOPTING A
NOTICE OF EXEMPTION TO PERMIT A PUB, TASTING ROOM AND
"BIERGARTEN" USE IN AN EXISTING COMMERCIAL CENTER
("PROJECT") AT 22587 BARTON ROAD UNIT B IN THE BRSP —VC —
BARTON ROAD SPECIFIC, PLAN — VILLAGE COMMERCIAL ZONE
(ASSESSOR'S PARCEL NUMBER 1178-011-02 & -03)
WHEREAS, the applicant, Blue Mountain Beer Company, LLC, represented by Gene
Hays, has applied for the approval of Conditional Use Permit (CUP) 10-04, Site and
Architectural Review (SA) 11-03, to permit a pub, tasting room within a building and a
patio "beirgarten" use in a tenant space within an existing building located at 22587
Barton Road Unit B (Assessor's Parcel Numbers 1178-011-02 & -03), within the Barton
Road Specific Plan — Village Commercial (BRSP-VC) zoning district; and
WHEREAS, the project was deemed exempt from the California Environmental Quality
Act (CEQA) under Section 15301, Class 1 of the State CEQA Guidelines. This class
exempts interior or exterior alterations to existing facilities.
WHEREAS, on April 21, 2011, the Planning Commission conducted a duly noticed public
hearing on the 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 the Project is exempt from the
provisions of the California Environmental Quality Act (CEQA) pursuant to Section
15301, Class 1 of the State CEQA Guidelines.
2. The Planning Commission finds as follows with respect Conditional Use Permit 10-
04:
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 amendment or within the City because the
Project will be altered in accordance with the building codes, meets all
applicable setbacks, and will benefit the community by providing a unique
food and beverage service within City limits.
b. The proposed use'will not be injurious to property or improvements in the
neighborhood or within the City because the Project will be altered in
accordance with the building codes, meets all applicable setbacks, and will
benefit the community by providing a unique food and beverage service
within City limits. The Project will in no way preclude or constrain the use of
or development of surrounding properties.
C. The proposed is consistent with the General Plan because it is consistent
with the goals, policies and actions to maintain and continue development
of Grand Terrace's established commercial areas, as an encouragement for
new commercial development, as stated in Policy 2.3.2 of the Land Use
Element.
d. Conditions necessary to secure the purposes of this chapter are made a
part of the conditional use permit.
3. The Planning Commission finds as follows with respect to Site and Architectural
Review 11-03:
a. The Project is consistent with the intent of the Grand Terrace Municipal
Code and the General Plan as the use was determined to be consistent by
the Planning Commission on July 15, 2010. The Project is consistent with
,- the General Plan goals, policies and actions to maintain and continue
development of Grand Terrace's established commercial areas, as an
encouragement for new commercial development, as stated in Policy 2.3.2
of the Land Use Element.
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
Project will occupy an existing commercial building and will enclose an open
space area left between to existing buildings. The enclosure of the open
space will 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 proposed use will not alter the fagade of the existing
building. The proposed use will enclose an existing open patio area to,be
used as a "biergarten". The "biergarten" is functional for the proposed
Project and is consistent with the Grand Terrace Municipal Code.
Page 2 of 5
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. No new
landscaping is proposed and existing landscaping will remain in place.
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 because the site is fully developed with a church and classroom
building. The construction of the Project will not result in any indiscriminate
clearing of property or removal of existing vegetation.
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. Signage has not yet been proposed for this
Project.
g. Conditions of approval for this Project necessary to secure the purposes of
the General Plan have been applied to the Project.
BE IT FURTHER RESOLVED that CUP 10-04 and SA 11-03 are hereby approved
subject to the following conditions:
1. This approval is granted based on the application materials submitted by Gene
Hays on November 9, 2010, March 21, 2011, the revised letter of intent received
on March 30, 2011 and the "beirgarten" elevation received on April 7, 2011. The
items received on March 21, 2011 include the site plan, floor plan, elevations,
photo simulations and "biergarten" floor plans. All plans shall be consistent in
terms of property lines, easement location and dimensions and other
measurements. Minor changes or clarifications may be approved by the
Community Development Director.
2. This approval shall expire twelve (12) months from the date of adoption of this
resolution unless the use which is the subject of this action has taken place and all
conditions of approval have been met, or a time extension has been granted by
the City.
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
Development Director. The City shall promptly notify the applicant of any claim,
Page 3 of 5
(- 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. This approval shall not be deemed effective until the "Acceptance of Conditions"
for the Project has been signed by the applicant and returned to the City.
5. The Project shall be constructed in accordance with all the approved plans and
conditions of approval, including but not limited to site plans, floor plans, wall
plans, and elevations.
6. Construction and operational activities, including music and special events,
associated with the Project shall comply with the regulations of the City's Noise
Ordinance, Chapter 8.108 of the Grand Terrace Municipal Code.
7. Any exterior lighting shall be shielded'-downward and directed so as not to shine
directly upon adjoining property or the public-right-of way.
8. All existing landscaping and trees shall be protected in place.
9. The applicant shall comply with all requirements of the City of Grand Terrace
y- Director of Building and Safety/Public Works, including the conditions of approval
contained in the Director's memorandum dated March 30, 2011, attached hereto
as Exhibit 1.
10. The "biergarten" enclosure fencing shall be decorative in style as determined by
the Community and Economic Development Director. The posts must have a
decorative cap and the fence must be weather treated in order to preserve it from
rapid deterioration. All deterioration, graffiti or other forms of vandalism shall be
promptly removed and/or repaired within twenty-four (24) hours.
11. The flooring of the "biergarten" patio area, entrances, exits and any ramps, must
meet all California Americans with Disabilities Act (ADA) requirements.
12. All Saturday events that include loud noises and/or music shall be restricted to the
hours of 2:00 p.m. and 10:00 p.m. as to not disturb surrounding uses.
13. The applicant is responsible for the construction of a new disabled access trash
enclosure. The enclosure must be 6 feet in height and the finish must match, in
color and material, the existing buildings within the commercial center.
PASSED AND ADOPTED by the Planning Commission of the City of Grand Terrace,
California, at a regular meeting held on the 21 st day of April, 2011.
Page 4 of 5
AYES: 5 - Chairman Wilson, Commissioners, Addington, Bailes, Comstock
NOES: o and Kongtang
ABSENT: o
ABSTAIN: o
ATTEST:
Brenda Mesa Doug Wilson
City Clerk Chairman, Planning-Commission
Page 5of5
Exhibit 1
Building & Safety/Public Works Conditions of Approval
_ Dated March 30, 2011 ,
San Bernardino County Fire Department Conditions
Dated March 31, 2011
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Building and Safety/Public Works Department Conditions of Approval
Date: March 30,2011
Applicant: Gene Bays
Address of Applicant: 22545 Barton Road,Grand Terrace.-CA
Site Location: 22587 Barton Road,Unit B,Grand Terrace,CA
W.O.# 12-8.5478
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 12-8.5478, 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.
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Building and Safety submittal's reauired at first Plan review.
(4) Architectural Plans
(4) Plot/Site Plans
(4) Electrical Plans
(4) Electrical Load Calculations
(4) Plumbing Plans/Isometrics, Water, Sewer and Gas
(4) Mechanical Plans
(4) Mechanical Duct Layout Plans
(2) Title 24 Energy Calculations
Building&Safetv/Public Works General Information
All improvements 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.
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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.
Toilet facilities shall be provided for construction workers and such facilities shall be maintained
in a sanitary condition. Construction toilet facilities of the non sewer type shall conform to
ANSI ZA.3.
All construction materials which are not used shall be recycled pursuant to the attached
Ordinance No 243.
Applicant shall obtain approvals from the San Bernardino County Health Department. Note,
Building and Safety has already received approved plans from the Health Department.
Applicant shall submit separate sets of plans to the San Bernardino County Fire Department for
review and approval. Approval of the Fire Department shall be provided to Building and Safety
prior to building permit issuance.
Attachment: Ordinance No. 243
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ORDINANCE NO. 243
ORDINANCE OF THE CITY OF GRAND TERRACE,'ADDING CHAPTER 15.58
RELATING TO RECYCLING AND DIVERSION OF CONSTRUCTION AND
DEMOLITION WASTE
The City Council of the City of Grand Terrace does hereby enact as follows:
Chapter 15.58 Recycling and Diversion of Construction and Demolition Waste is
hereby added to the City of Grand Terrace Municipal Code to read as follows:
Chapter 15.58 Recycling and Diversion of Construction and Demolition (C&D)
Waste
Section 15.58.010 Findings and Statement of Intent
Section 15.58.020. Definitions
Section 15.58.030. Diversion Requirement,
Section 15.58.040. Diversion Requirement Exemption
Section 15.58.050. Threshold
Section 15.58.060. Waste Management Plan
Section 15.58.070. Performance Security Required
Section 15.58.080. On-Site Practices
Section 15.58.090. Reporting
Section 15.58.100. Violations
Section 15.58.110. Appeals
Section 15.58.010 Findings and Statement of Intent ,
RESOLVED, by the City Council of the City of Grand Terrace, California, that:
WHEREAS, under California law as embodied in the California Waste Management Act
of 1989 (California Public Resources Code Sections 40000 et seq.), the City of Grand
Terrace is required to prepare, adopt and implement source reduction-and'recycling plans
to reach landfill diversion-goals, and is required to make substantial reductions in the
r ` volume of waste materials going to the landfills, or face fines up to $10,000 per day;
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WHEREAS, in order to meet these goals it is necessary that the City promote the
reduction of solid waste, and reduces the stream of solid waste going to landfills; and
WHEREAS, waste from construction, demolition, and renovation of buildings represents
a significant portion of the volume of waste presently coming from the City of Grand
Terrace and much of this waste is particularly suitable for recycling and reuse;
WHEREAS,the City's commitment to the reduction of waste requires the establishment
of programs for recycling and salvaging of construction and demolition (C&D) waste;
WHEREAS, certain types of projects are exempt from these requirements;
NOW, THEREFORE,THE CITY OF GRAND TERRACE, CALIFORNIA,
ORDAINS THAT:
Chapter 15.58 is added to the City of Grand Terrace Municipal Code.
Section 15.58.020 Definitions.
(a)"Applicant" means any individual, firm, limited liability company, association,'
partnership, political subdivision, government agency, municipality, industry, public or
private corporation, or any other entity whatsoever who applies to the City for the
applicable permits to undertake any construction, demolition, or renovation project within
the City.
(b)"C&D Recycling Center" means a facility that receives only C&D material that has
been separated for reuse prior to receipt, in which the residual (disposed) amount of
waste in the material is less than 10% of the average weight of material separated for
reuse received by the-facility over a one month period.
(c)"City-sponsored project means a project constructed by the City or a project receiving
twenty-five percent or more of its financing from the City.
(d)"Class III Landfill" means a landfill that accepts non-hazardous resources such as
household, commercial, and industrial waste, resulting from construction, remodeling,
repair, and demolition operations. A Class III landfill must have a solid waste facilities
permit from the California Integrated Waste.Management Board (CIWMB) and is
regulated by an Enforcement Agency (EA).
(e)"Construction" means the building of any facility or structure or any portion thereof
including any tenant improvements to an existing facility or structure.
(f)"Construction and Demolition Material" (C&D Material) means building materials and
solid waste resulting`from construction, remodeling, repair, cleanup, or demolition
operations that are not hazardous as defined in California Code of Regulations, Title 22
Section 66261.3 et se . This term includes, but is not limited to, asphalt, concrete,
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Portland cement concrete, brick, lumber, gypsum wallboard, cardboard, and other
associated packaging, roofing material, ceramic tile, carpeting, plastic pipe and steel. The
�-` material may be commingled with rock, soil, tree stumps, and other vegetative matter
resulting from land clearing and landscaping for construction or land development
projects.
(g) "Conversion Rate" means the rate set forth in the standardized Conversion Rate
Table approved by the City pursuant to this Article for use in estimating the volume or
weight of materials identified in the Waste Management Plan.
(h)"Covered Project" shall mean the following:
(1) "Private Projects" - All construction, renovation and demolition Project where the
total square footage is 1,000 square feet or greater and which require the submission of
plans, drawings or specifications to any City Department for review and approval.
(2) "City-Sponsored Projects"- All City-sponsored construction, demolition and
renovation Projects, including any project in which at least twenty-five percent of the
project funding is provided by or through the City.
(i)"Deconstruction" means the careful dismantling of buildings and structures in order to
salvage as much material as possible.
0)"Demolition" means the decimating, razing, ruining, tearing down or wrecking of any
facility, structure, pavement or building, whether in whole or in part, whether interior or
exterior.
(k)"Disposal" means the final deposition of construction and demolition or inert material,
including but not limited to:
(1) - stockpiling onto land of construction and demolition material that has not been
sorted for further processing or resale, if such stockpiling is for a period of time greater
than 30 days, or,
(2) - stockpiling onto land of construction and demolition material that has been sorted
for further processing or resale, if such stockpiling is for a period of time greater than one
year, or,
(3) - stockpiling onto land of inert material that is for a.period of time greater than one
year, or,
(4) - disposal of construction and demolition or inert material to a landfill.
(1)"Diversion Requirement"means the projected diversion, by weight, of the total
Construction and Demolition Material generated by a Project via reuse or recycling.
(m) "Divert" means to use material for any purpose other than disposal in a landfill or
transformation facility.
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(n)"Enforcement Agency (EA)" means an enforcement agency as defined in Public
Resources Code 40130.
(o)"Inert Backfill Site" means any location other than an inert landfill or other disposal
facility to which inert materials are taken for the purpose of filling an excavation,
shoring, or other soils engineering operation.
(p)"Inert Disposal Facility/Inert Waste Landfill" means a disposal facility that accepts
only inert waste such as soil and rock, fully cured asphalt paving, uncontaminated
concrete (including fiberglass or steel reinforcing rods embedded in the concrete), brick,
glass, and ceramics, for land disposal,
(q)" Inert waste" means only rock, concrete, brick, sand, soil, ceramics, and cured
asphalt. "Inert waste" does not include any waste that meets the definition of"designated
waste," as defined in Section 13173 of the Water Code, or "hazardous waste" as defined
in Section 40141 of the Public Resources Code.
(r)"Mixed Material" means loads that include commingled recyclables and non-
recyclable materials generated at the project site.
(s)"Mixed Material Recycling Facility" means a processing facility that accepts loads of
mixed construction and demolition debris for the purpose of recovering re-usable and
recyclable materials and disposing the non-recyclable residual materials
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(t)"Performance Security means any performance bond, surety bond, money order, letter
of credit, certificate of deposit, or restricted bank account,provided to the City pursuant i
to Section 15.58.07.
(u)"Post;=Consumer Material" as defined in Public Contract Code Section 12200(b) means
"a.finished material which would have been disposed-of as a solid waste; having
completed its life cycle as a consumer item, and does not include manufacturing wastes."
Post-Consumer Material is generally any product that was bought by the consumer, used,
and then recycled into another product.
(v)"Project" means any activity which requires an application for a building or demolition
permit or any similar permit from the City.
(w)"Recycled Product" as defined in Public Contract Code Section 12200(a) means "all
materials, goods, and supplies with no less than 50 percent of the total weight of which
consists of secondary and Post-Consumer Material with not less than 10 percent of its
total weight consisting of Post-Consumer Material." This definition applies to paper
products,plastic products, compost and co-compost, glass products, lubricating oils,
paints, solvents, retreaded,tires,tire-derived products, and steel products. A recycled
product also includes products that could have been disposed of as solid waste having
completed its life cycle as a consumer item, but otherwise is refurbished for reuse without
substantial alteration of its form.
(x)"Recycling" means the process of collecting, sorting, cleansing, treating, and
reconstituting materials for the purpose of using the altered form in the manufacture of a
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new product. Recycling does not include burning, incinerating, or thermally destroying
solid waste.
(y)"Renovation" means any change, addition or modification in an existing structure.
(z)"Reuse" means the use, in the same or similar form as it was produced, of a material
which might otherwise be discarded.
(aa)"Salvage" means the controlled removal of Construction and Demolition Material
from a permitted building or construction site for the purposes of recycling, reuse, or
storage for later recycling or reuse.
(bb)"Sanitary Wastes" means materials that require special handling procedures such as
liquid wastes including domestic sanitary sewage.
(cc) "Secondary Material" as defined in Public Contract Code.section 12200(c) means
"fragments of finished products or finished products of a manufacturing process, which
has converted a resource into a commodity of real economic value, and includes Post-
Consumer Material, but does not include excess virgin resources of the manufacturing
process." This material did not reach the consumer prior to being recycled.
(dd)"Sediment" means soil and other material that has been eroded and transported by
storm or well production runoff water.
(ee)"Separated for Reuse" means materials, including commingled recyclables, that have
been separated or kept separate from the solid waste stream for the purpose of additional
sorting or processing those materials for reuse or recycling in order to return them to the
economic mainstream in the form of raw material for new, reused,.or reconstituted
products which meet the quality standards necessary to be used in the marketplace, and
includes Source Separated Materials.
(ff)"Solid Waste" as per Public Resources Code Section 40191 means all putrescible and
non-putrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse,
paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned
vehicles and parts thereof, discarded home and industrial"appliances, dewatered, treated,
or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or
animal solid and semisolid wastes, and other discarded solid and semisolid wastes. "Solid
Waste" does not include any of the following wastes:
(1) Hazardous waste, as defined in PRC Section 40141.
(2) Radioactive waste regulated pursuant to the Radiation Control Law [Chapter 8
(commencing with Section 114960) of Part 9 of Division 104 of the Health and Safety
Code].
(3) Medical waste regulated pursuant to the Medical Waste Management Act [Part 14
(commencing
with Section 117600) of Division 104 of the Health and Safety Code].
- (gg) Source Separated Materials means materials that are sorted at the site of generation
by individual material type including commingled recyclable materials for the purpose of
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recycling i.e. loads of concrete that are source-separated for delivery to a recycling
facility.
(hh)"Virgin Material" means the portion of the product made from non-recycled material,
that is, the material that is neither post-consumer nor secondary material.
(ii) "Waste Hauler" means a company that possess a valid permit from the City of Grand
Terrace to collect and transport solid wastes from individuals or businesses for the
purpose of recycling or disposal under the City of Grand Terrace's name.
Oj)"Waste Management Plan" (WMP) means a completed Waste Management Plan form,
approved by the City for the purpose of compliance with this Article, submitted by the
Applicant for any Covered or Non-covered Project.
(kk)"Waste Management Plan Compliance Official" means the Director of Public Works
or his or her designee.
Section 15.58.030 Diversion Reauirement
It is required that at least sixty percent of the estimated tonnage of Construction and
Demolition Material generated from each Covered Project shall be Diverted from
Disposal. The sixty percent of the estimated tonnage of Construction and Demolition
Material shall not include any Inert Materials that are disposed in an Inert Backfill Site.
Section 15.58.040 Diversion Requirement Exemption
A. Application: If an Applicant for a Covered Project experiences circumstances that
the Applicant believes make it infeasible to comply with the Diversion
Requirement,the Applicant may apply for a diversion requirement exemption at
the time that he or she submits the WMP required under Section 15.58.060.
(Waste Management Plan) of this Ordinance.
B. Meeting with Compliance Official: The WMP Compliance Official shall review
the information supplied by the Applicant and may meet with the Applicant to
discuss feasible ways of meeting the diversion requirement. Based on the
information supplied by the Applicant, the WMP Compliance Official shall
determine whether it is feasible for the Applicant to meet the Diversion
Requirement.
C. Granting of Exemption: If the WMP Compliance Official determines that it is
infeasible for the Applicant to meet the Diversion Requirements, he or she shall
determine the maximum feasible diversion rate for waste generated by the project
and shall indicate the new diversion requirement that the Applicant shall be
required to meet, and will inform the Applicant in writing of the new requirement.
The Applicant shall then have 15 days to resubmit another WMP, which is in
compliance with the new diversion requirement. If the Applicant fails to resubmit,
or if the resubmitted WMP does not comply with Section 15.58.060 (Waste
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Management Plan), the WMP Compliance Official shall disapprove the WMP in j
accordance with Section 15.58.060 (Waste Management Plan).
D. The following are categorically exempt from the requirements of this Chapter:
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1. Work for which a building or demolition permit is not required.
2. Roofing projects that do not include tear-off of existing roof.
3. Work for which only a plumbing, electrical, or mechanical permit is i
required.
4. Seismic tie-down projects.
5. Projects where no structural building modifications are required.
6. Emergency demolition required to protect the public health and safety.
7. Other work as determined by the City Manager or his designee based on
their review of the record or facts.
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Section 15.58.050 Thresholds for Covered Proiects
A. Covered Projects (Construction and Renovation): All construction and renovation
projects within the City that are five hundred square feet or greater shall comply with
Chapter 15.58, and shall submit a Waste Management Plan prior to beginning any
construction or demolition activities, and shall be subject to the provisions of this
Chapter. Failure to comply with any of the terms of Chapter 15.58 shall subject the
Project Applicant to the full range of enforcement mechanisms set forth in Section
�~ 15.58.100 (Fines/Penalties) below.
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B. Covered Projects (Demolition): All demolition projects within the City that are five
hundred square feet or greater shall comply with Chapter 15.58, and shall submit a
Waste Management Plan prior to beginning any demolition activities, and shall be
subject to the provisions of this Chapter. Failure to comply with any of the terms of
Chapter 15.58 shall subject the Project Applicant to the full range of enforcement
mechanisms set forth in Section 15.58.100 (Fines/Penalties) below.
C. Non-Covered Projects (Construction and Renovation): Applicants for construction
and renovation projects within the City whose projects that are less than five hundred
square feet are not required, but shall be encouraged, to divert at least sixty percent of
all project-related construction and demolition waste.
D. Non-Covered Projects (Demolition): Applicants for demolition.projects within the
City whose projects are less than five hundred square feet are not required, but shall
be encouraged, to divert at least sixty percent of all project-related demolition waste.
E. City-sponsored Projects (Construction and Renovation): All City-sponsored
construction and renovation projects shall submit a Waste Management Plan prior to
beginning any construction or demolition activities, and shall be subjected to the
provisions of this Chapter.
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F. City-sponsored Projects (Demolition): All City-sponsored demolition projects shall
submit a Waste Management Plan prior to beginning any demolition activities, and 'i
shall be subjected to the provisions of this Chapter.
G. Deconstruction/Salvage Interval for Covered Demolition Projects - Every Covered
Project that involves demolition shall be made available for Deconstruction and/or
Salvage prior to Demolition. It shall be the responsibility of the applicant to recover
the maximum feasible amount of designated recyclable and reusable materials prior
to demolition. In order to provide sufficient time for Deconstruction and/or Salvage,
no demolition may take place until a period of 10 working days has elapsed from the
date of issuance of the demolition permit. Recovered and salvaged material from
every project shall qualify to be counted in meeting diversion requirements of Section
15.58.030 (Diversion Requirement). Recovered or salvaged recyclables and reusable
materials may be given away or sold on the premises, or may be removed to reuse
facilities for storage or sale. The Applicant shall provide written supporting
documentation such as letters of donation, bills of sale or other information with the
final submission of the Waste Management Plan results that shall clearly document
the final destination of the recovered or salvaged materials, the quantity or items that
were recovered or salvaged, and the recipient of those materials.
H. Compliance with this Chapter shall be listed as a condition of approval on any
building or demolition permit issued for a Covered Project.
Section 15.58.060 Waste Manaeement Plan
Prior to starting the project, every Applicant shall submit a properly completed `.`Waste
Management Plan" (WMP) to the WMP Compliance Official, in a form as prescribed by
that Official, as a portion of the building or demolition permit process. The completed
WMP shall contain the following:
A. The square footage of the proposed project;
B. The estimated weight of project waste to be generated by material type;
C. The maximum weight of such materials that can feasibly be diverted via
Reuse or Recycling by material type;
D. The vendor(s) that the applicant proposes to use to haul the materials;
E. The facility(s) that the materials will be hauled to, and their expected
diversion rates by material type;
F. Estimated weight of construction and demolition waste that will be disposed.
Because actual material weights are not available in this stage, estimates are used. In
estimating the weight of materials as identified in the WMP, the Applicant shall use the
standardized conversion rates approved by the City of Grand Terrace for this purpose.
Approval of the WMP as complete and accurate shall be a condition precedent to the
issuance of any building or demolition permit. If the applicant calculates the projected
feasible diversion rate as described above, and finds the rate does not meet the diversion
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goal, the applicant must then submit information supporting the lower diversion rate. If
this documentation is not included, the WMP shall be deemed incomplete.
a. APPROVAL: No building or demolition permit shall be issued for any Covered
Project unless and until the WMP Compliance Official has approved the WMP.
Approval shall not be required, however, where emergency demolition is required
to protect public health or safety. The WMP Compliance Official shall only
approve a WMP if he or she determines that all of the following conditions have
been met:
l. The WMP provides all of the information set forth in this section.
2. The WMP indicates that sixty percent of all C&D-waste generated by the
project shall be diverted (or new diversion goal set in accordance with the
Applicant's approved Diversion Exemption request); and
.3. The Applicant has submitted an appropriate Deposit for the project.
b. NON-APPROVAL: If the WMP Compliance Official determines that the WMP
is incomplete or fails to indicate that at least sixty percent (or new diversion goal
set in accordance with the Applicant's approved Diversion Exemption request) of
all C&D waste generated by the project will be diverted, he or she shall either:
1. Return the WMP to the Applicant marked "Disapproved", including a
statement of reasons, and will notify the building department; which shall
f then immediately stop processing the building or demolition permit
application, or
2. Return the WMP to the Applicant marked"Further Explanation
Required."
Section 15.58.070 Performance Security Required
As a condition precedent to the issuance of any permit for construction or demolition for
a Covered Project, the Applicant shall post a Performance Security(cash, letter of credit,
performance or surety bond, money order) in the amount of one dollar for each estimated
square foot,.but not less than fifty dollars. The Performance Security shall be returned,
without,interest, in total or pro-rated, upon proof of satisfaction by the WMP Compliance
Official that no less than the required percentage of Construction and Demolition
Material tonnage generated by the Covered Project has been diverted from Disposal and
has been Recycled or Reused or stored for later reuse or recycling. If a lesser percentage
of Construction and Demolition Material tonnage than required is diverted, a
proportionate share of the Performance Security shall be returned. The Performance
Security shall be forfeited entirely or to the pro-rated extent that there is a failure to
comply with the requirements of this chapter. The City may, by formal resolution, modify
the amount of the required Performance Security.
Section 15.58.080 On-site Practices
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During the term of the Covered Project, the Applicant shall recycle and reuse the required
percentage of waste, and shall keep records of the tonnage or other measurements
approved by the City that can be converted to tonnage amounts. The WMP Compliance
Official will evaluate and may monitor each Covered Project to determine the percentage
of Construction and Demolition Materials salvaged, recycled or reused from the Covered
Project as well as the tonnage of materials that was subject to Disposal. For Covered
Projects including both Construction and Demolition, diversion of materials shall be
tracked and measured separately. To the maximum extent feasible, project waste shall be
separated on-site if this practice increases diversion. For construction and/or demolition
projects, on-site separation shall include salvageable materials (e.g., appliances, fixtures,
plumbing, metals, etc.,) and dimensional lumber, wallboard, concrete and corrugated
cardboard. Under no condition shall the on-site practices, including but not limited to the
process of separating materials on-site, storage of separated materials or other activities
under this Chapter violate the Areawide Urban Storm Water Runoff Permit for San
Bernardino County and the Incorporated Cities, NPDES Permit No. CAS618036 or
subsequent Permits as adopted by the Santa Ana Regional Water Quality Control Board.
Section 15.58.090 Renortina
Within 15 calendar days following the completion of the Demolition phase of a Covered
Project, and again within 15 calendar days following the completion of the Construction
phase of a Covered Project, the applicant shall, as a condition precedent to final
inspection and to issuance of any Certificate of Occupancy or final approval of project,
submit documentation to the WMP Compliance Official that proves compliance with the
requirements of Sections 15.58.060 (Waste Management Plan) and 15.58.030 (Diversion
Requirement). The documentation shall consist of a final completed WMP showing
actual waste tonnage data, supported by original or certified photocopies of receipts and
weight tags or other records of measurement from.recycling companies, deconstruction
contractors, and/or landfill and disposal companies. In addition, where materials were
recovered or salvaged recyclables and reusable materials were given away or sold on the
premises, or removed to a reuse facility for storage or sale, the Applicant shall provide
written supporting documentation such as letters of donation, bills of sale or other
information that shall clearly document the final destination of the recovered or salvaged
materials, the quantity or items that were recovered or salvaged, and the recipient of those
materials. Receipts and weight tags will be used to verify whether waste generated from
the Covered Project has been or are to be recycled, reused, salvaged or disposed. The
applicant shall make reasonable efforts to ensure that all designated recyclable.and reuse
waste salvaged or disposed are measured and recorded using the most accurate method of
measurement available.
To the extent practical, all construction and demolition waste shall be weighed in
compliance with all regulatory requirements for accuracy and maintenance. For
construction and demolition waste for which weighing is not practical due to small size or
other considerations, a volumetric measurement shall be used. For conversion of
volumetric measurements to weight;the applicant shall use the standardized conversion
rates approved by the City for this purpose.
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If a Covered project involves both demolition and construction, the report and
- documentation for the demolition project must be submitted and approved by the WMP
Compliance Official before issuance of a building permit for the Construction phase of a
Covered Project.
In the event that a Covered Project does not generate any waste or recyclable materials,
the applicant may submit a letter stating that no waste or recyclable materials were
generated from the Covered Project, in which case this statement shall be subject to
verification by the WMP Compliance Official. Said letter shall contain the following
statement:
"The undersigned hereby certifies that, to the best of his/her knowledge, that the
above provided information,is correct; that the undersigned understands that the
submission of any known false statements regarding the generation of no waste or
recyclable materials from the project shall be subject to civil penalties as set forth
in Chapter 15.58 of the City of Grand Terrace Municipal Code."
Section 15.58.100: Violation
Violation of any provision of this Chapter may be enforced by civil action including an
action for injunctive relief. In any civil enforcement action, administrative or judicial, the
City shall be entitled to recover its attorney's fees and costs from an Applicant who is
determined by a court of competent jurisdiction to have violated this Chapter.
In the event that an Applicant who would be subject to the requirements set forth in this
Chapter, fails to comply with Section 15.58.060 (Waste Management Plan), prior to
commencement of work on a Covered Project, shall be fined the equivalent of three times
the amount of deposit that would have been required under Section 15.58.070 (Deposit
Required), and shall be subject to a "Stop Work" order issued by the City until such
WMP is submitted as required. Such fine shall be separate from the deposit required
under Section 15.58.070 (Deposit Required) and in addition to the fines set forth herein
Section 15.58.100 (Violations).
At minimum, any deposit posted pursuant to Section 15.58.070 (Deposit Required) shall
be forfeited if the applicant does not meet the timely reporting requirements of Section
15.58.090 (Reporting), or does not comply with any other requirements of this Chapter.
Section 15.58.110 Anneals
Any decision issued by the Waste Management Plan Compliance Official may be
appealed by submission of a written appeal to the City Manager within 10 calendar days
from the date of the decision.
First read at a regular meeting of the City Council of said City held on the 131h day of
January, 2009, and finally adopted and ordered posted at a regular meeting of said City
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Council on the 27`4 day of January, 2009.
Mayor the City of Grand Terrace
and of e City Council thereof.
Attest:
Brenda Mesa, City Clerk
I, Brenda Mesa, City Clerk of the City of Grand Terrace, California, do hereby
certify that the foregoing Ordinance was introduced and adopted at a regular meeting of
the City Council of the City of Grand Terrace held on the 27`h day of January, 2009, by
the following vote:
AYES: Councilmembers Cortes, Miller, and Stanckiewitz; Mayor Pro Tem
Garcia and Mayor Ferre
NOES: None
ABSENT: None
ABSTAIN: None
Arenda Mesa, City Clerk
Approved a�t form~
John Harper, City Atjorney
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SAN BERNARDINO COUNTY COUNTY OF SAN BERNARDINO
FIRE DEPARTMENT PUBLIC AND SUPPORT
SERVICES GROUP
OFFICE OF THE FIRE MARSHAL ' "
COMMUNITY SAFETY DIVISION DAN WURL
20 South"E"Street. Fire Chief
San Bernardino,Ca.92415-0179
(909)386-8465.Fax(909)'386-8460
DATE: January 5, 2011 EXPIRATION: January 2012
GENE HAYS,BLUE MOUNTAIN BEER COMPANY
PERMIT NUMBER: F201100005
PROJECT NUMBER: CUP 10-04
LOCATION: 22587 BARTON RD, UNIT B-GRAND TERRACE
PROJECT TYPE: TR
OCCUPANCY TYPE: B
APN: 1178-011-03-0001
PROPOSAL: . PROPOSED USE OF EXISTING COMMERCIAL BUILDING AS A PUB, MICROBREWERY
AND "BIERGARTEN".
PLANNER: KATIE CHAMBERLAIN
Dear Applicant:
With respect-to the conditions of approval regarding the above referenced project, the San Bernardino County Fire
lepartment requires the following fire protection measures to be provided in accordance with applicable local ordinances,
des, 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:
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Sincerely,
Mark Anderson, Fire Prevention Specialist
San Bernardino County Fire Department
Valley Division Community Safety Division
Duty, Honor,Community
FIRE CONDITIONS ATTACHMENT "'-`
DATE: 01-05-2011
PROJECT: CUP 10-04
PERMIT NUMBER: F201100005
LOCATION: 22587 BARTON RD,UNIT B
GRAND TERRACE • ""
PARCEL: 1178-011-03-0001
CONDITIONS
Cond: F01
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: F42
Building Plans. Not less then two(2)complete sets of Building Plans shall be submitted to the
Fire Department for review and approval. [F42] 5 �-je rn ¢�L/_
Cond: F82 1
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(314)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
design shall be approved by the Fire Department. [F88]
Entry: 01/05/2011 By: 10545 Action:AUTH Construction plans only required if changes to
the structure occurrs (e.g. new walls).
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