TO: LINDA REICH, CITY MANAGER
FROM: HYE JIN LEE, PE, DIRECTOR OF PUBLIC WORKS
SUBJECT
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Final Acceptance of Public Improvements for PL18-0038 Special Conditional Use Permit, Tang & Sung Investment LLC (Wing Lee Farms), located at 13625 Yorba Avenue.
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RECOMMENDATION
1) Accept public improvements as complete for PL18-0038 Special Conditional Use Permit; 2) authorize release of the performance bond and initiate the warranty bond; and 3) authorize the City Manager to execute the necessary documents on behalf of the City.
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FISCAL IMPACT
There are sufficient funds included in the City’s Operating Budget to support the ongoing maintenance activities related to the public improvements being accepted.
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES
The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
• Positive City Image
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BACKGROUND
Since 2007, Wing Lee Farms (WLF) has been operating a poultry slaughterhouse in the M2 (General Industrial) zone located at 13625 Yorba Avenue (Exhibit A - Location Map).
The facility had previously operated as a lamb slaughterhouse in the 1970s. WLF purchased the vacant property and building and obtained Planning Commission approval in June 2002 to expand the old building and establish a poultry slaughterhouse use. The project consisted of the expansion of an existing building to accommodate 9,374 square feet of office and storage space and process a maximum of up to 2,500 chickens per day. The building construction was completed in 2006 and the facility has been operating without incident since 2007.
In 2017, the City performed a sewer system inspection and determined that WLF was processing more chickens than what was permitted under the approved 2002 Special Conditional Use Permit (SCUP). At that time, WLF representatives informed City staff that they inherited the business and were not aware of the limitations placed on the operations by the SCUP. Based upon the increased production, WLF was required to either scale back the operations to what was previously approved or submit a new SCUP application to request approval to expand the processing operation.
Subsequently, on April 19, 2021, the Planning Commission approved WLF’s SCUP to expand its poultry processing operations. The approval of the SCUP allows for the increased production in poultry processing volume from 2,500 chickens and 1-2 truck deliveries per day to a maximum of 22,000 chickens and 16 truck deliveries per day at its existing 30,197 square foot main processing building and a 2,414 square foot receiving building within the M2 (General Industrial) zoning district.
The Engineering Conditions of Approval for this project required WLF to design and construct certain frontage improvements including, sidewalk; curb and gutter; drive approach; drainage outlet structure; and landscape improvements. The public improvements completed by WLF necessitated the execution of a Public Improvement Agreement and posting securities that the City Council approved on September 6, 2022 (Exhibit B). It should be noted that the costs associated with the design and construction of the required public improvements are completely offset by WLF. There is no direct fiscal impact to the City.
The public improvements are complete in accordance with the approved plans and have been constructed to the satisfaction of the City Engineer.
ISSUES/ANALYSIS
Beginning in July 2009, WLF has been federally regulated as a “Significant Industrial User” through an Industrial User Discharge Permit jointly issued by the City and the Inland Empire Utilities Agency (IEUA). IEUA is the City’s wastewater processor. Over the years, WLF expanded the processing operation and additional sewer flows were being discharged into the public sewer system that exceeded the permitted allowable flow. To address the excess flow into the public sewer system, the City’s Public Works Department completed the design and construction to upsize the City’s sewer collection system downstream of WLF to allow for the increased flow. WLF also installed on-site pretreatment upgrades to facilitate compliance with the City and IEUA. Thus, WLF has submitted a permit application for review to IEUA and the City requesting 50,000 gallons/day up from 37,000 gallons/day. IEUA has reviewed WLF’s application and is finalizing comments. Additionally, there are no pending issues with the City currently. The City will continue to monitor and sample the wastewater coming from the WLF site to ensure that compliance is maintained moving into the future.
Attachments: Exhibit A - Location Map
Exhibit B - Fully Executed Public Improvement Agreement