R-022-15 Upholding the Planning Commission's decision denying the appeal and, upholding the Director's determination (4.7.15)

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Colton City Council Resolution No. R-22-15 April 7, 2015 — Page 3 of 5 1 B. The Original Pallet Manufacture CUP never mentioned that the site would be used as a 2 Contractor Storage Yard. 3 In 2001, when the application for Conditional Use Permit DCV -77-01 was processed, copies of 4 the application, public hearing notice and staff report clearly call out the primary use as a pallet 5 manufacturing use and describe the storage yard as an incidental part of the wood manufacturing 6 business. There is no mention of a separate and distinct business or storage operation for different materials. The storage use was described as a "standard lumber and pallet operations" 7 as included in the Applicant's application for Conditional Use Permit. There is no mention that a 8 contractor's storage yard was part of the operation. 9 10 C. The State of California Standard Industrial Classification (SIC) Code System Used for 11 CalOSHA Purposes Considers these Uses to be Different. 12 Classifying these uses separately is consistent with methods used by the State of California. As 13 an example, CalOSHA uses a standard industrial classification (SIC) code system to classify uses 14 for regulatory purposes. While cities are free to adopt their own zoning definitions and 15 classifications, cities, including Colton, will sometimes rely on the SIC codes to assist in 16 determining the appropriate classification of uses for zoning purposes. According to the state SIC codes, the two uses also have different "standard industrial classifications" under OSHA 17 regulations. Based upon staffs understanding of Largo's operations, a contractors' storage 18 yard/corporation yard would be classified under OSHA regulations as "general contractors" under 19 Major Group 15. A pallet manufacturing use would come under OSHA regulations for 20 "manufacturing — lumber and wood products, except furniture" under Major Group 24. As a 21 result, besides both uses being industrial, OSHA treats these operations differently. 22 23 D. City Updates to the Zoning Code List Contractor Storage/Corporation Yards as 24 separate uses. 25 As part of the Zoning Code update prepared in connection with the City's Housing Element 26 update, the City Council adopted a code amendment, Ordinance No. 0-05-13, that clearly lists contractors' storage yards / corporation yards as a conditional uses permitted within the M-1 and 27 M-2 zones. Thus, they are separate and distinct from any general manufacturing use. 28 3-