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HomeMy WebLinkAboutZA Action 09-008ZONING ADMINISTRATOR ACTION 09-008 CONDITIONAL USE PERMIT 09-019 15882 PASADENA AVENUE The Zoning Administrator of the City of Tustin does hereby resolve as follows: The Zoning Administrator finds and determines as follows: A. That a proper application for Conditional Use Permit 09-019 was filed by Clarence Johnson of CJE, on behalf of the John and Ann C. Richardson Trust, requesting authorization to install and operate a vapor extraction system for temporary purposes to remove contamination from the soil under an existing dry cleaners located at 15882 Pasadena Avenue. B. In accordance with Tustin City Code (TCC) Section 9270b(d), the removal of earth is allowed with an approved conditional use permit in the Central Commercial (C-2) Zoning District and within the Community Commercial land use designation of the City of Tustin General Plan which maintains a goal of revitalizing older commercial properties such as contaminated gas stations. In accordance with TCC Section 9299(b)(4)(a), the Zoning Administrator is authorized to consider specified development applications for soil remediation activities. C. The project has been determined to be consistent with the Air Quality Sub-element of the City of Tustin General Plan in that Policy 1.6 of the Sub-element encourages cooperation and participation in regional air quality management plans, programs, and enforcement measures. D. That the establishment, maintenance, and operation of the use applied for will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use nor be a detriment to the property and improvements in the neighborhood of the subject property, nor to the general welfare of the City of Tustin as evidenced by the following findings: 1) The proposed installation and operation of the soil vapor extraction system is necessary to facilitate soil remediation as required by the Orange County Health Care Agency and Santa Ana Regional Water Quality Board. 2) The installation and operation of extraction and treatment equipment would be temporary and the site restored upon completion of the process. Zoning Administrator Action 09-008 Conditional Use Permit 09-019 15882 Pasadena Avenue Page 2 3) Removing contaminates from the soil would benefit the environment and protect the health, safety, morals, comfort, and general welfare of persons residing or working in the neighborhood and improve the condition of the property. 4) The temporary equipment would be placed in the rear of the building and adequately housed within an enclosure surrounded by fencing to control noise emissions and provide visual screening from the adjacent residential and commercial properties. The equipment would be required to comply with the Tustin Noise Ordinance. As conditioned, the noise levels may be verified prior to final inspection and the applicant required to install sound insulation materials as deemed necessary by the Community Development Director. 5) The location of the equipment would allow the dry cleaners and other businesses on the site to remain in business during the remediation process. As conditioned, the equipment would be placed in a location to be screened from Pasadena Avenue, minimize the loss of parking spaces, remain outside of the path of vehicular circulation, and to leave the access easement over twenty (20) feet along the rear property line unimpeded. 6) As conditioned, the use would be approved and monitored by the City of Tustin, Orange County Health Care Agency, Santa Ana Regional Water Quality Board, and the South Coast Air Quality Management District and any other required agencies. 7) The proposed project is a minor cleanup action taken to mitigate the release of hazardous waste or substance through on-site treatment of contaminated soils and is therefore categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15330 (Class 30) of the Guidelines of CEQA. E. This project is categorically exempt pursuant to Section 15330, Article 19, Class 30 of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). F. That a public hearing was duly called, noticed, and held on said application on August 24, 2009, by the Zoning Administrator. Zoning Administrator Action 09-008 Conditional Use Permit 09-019 15882 Pasadena Avenue Page 3 The Zoning Administrator hereby approves Conditional Use Permit No. 09- 019 authorizing the installation and operation of a temporary soil remediation system within a temporary enclosure at an existing dry cleaners at 15882 Pasadena Avenue, subject to the conditions contained within Exhibit A attached hereto. PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular meeting held on the 24th day of August, 2009. ELOISE HA IS RECORDING SECRETARY STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN ~ck.,,~ DANA L. OGDON ACTING ZONING AD ISTRATOR I, ELOISE HARRIS, the undersigned, hereby certify that I am the Recording Secretary of the Zoning Administrator of the City of Tustin, California; that Zoning Administrator Action No. 09-008 passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 24t" day of August, 2009. c~~ Q~VK-d ELOISE HA RIS RECORDING SECRETARY EXHIBIT A CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 09-019 15882 PASADENA AVENUE GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped on August 24, 2009, on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development Department in accordance with this Exhibit. (1) 1.2 This approval shall become null and void unless the use is established within twelve (12) months of the date of this Exhibit. Time extensions may be granted if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.3 All conditions in this Exhibit shall be complied with prior to issuance of permits, or as specified, subject to review and approval by the Community Development Department. (1) 1.4 Approval of Conditional Use Permit 09-019 is contingent upon the property owner signing and returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and the properly owner signing and recording with the County Clerk- Recorder anotarized "Notice of Discretionary Permit Approval and Conditions of Approval" form. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. (1) 1.5 As a condition of approval of Conditional Use Permit 09-015, the applicant shall agree, at its sole cost and, expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, the Planning Commission, or any other decision-making body, including staff, concerning this project. The City agrees to promptly notify the applicant of any such claim or action filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in defense of any such action under this condition. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY (2) CEQA MITIGATION REQUIREMENTS (3) CALIFORNIA BUILDING CODE(S) (6) LANDSCAPING GUIDELINES (4) DESIGN REVIEW (7) PC/CC POLICY *"* EXCEPTIONS Zoning Administrator Action 09-008 Conditional Use Permit 09-019 Exhibit A Page 2 (1) 1.6 Any violation of any of the conditions imposed is subject to issuance of an Administrative Citation pursuant to Tustin City Code Section 1162(a). (1) 1.7 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. USE RESTRICTIONS (***) 2.1 The enclosure and all associated equipment shall be removed no later than twelve (12) months from the date of final inspection approval of the equipment, or upon completion of the remediation process pursuant to clearance from the Orange County Health Care Agency (OCHCA), whichever comes first. The property owner shall provide the Community Development Director with the most current soil remediation status report prepared for OCHCA. The Community Development Director may grant time extensions if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (***) 2.2 The entire remediation system, including storage drums and equipment, shall be located entirely within the enclosure with the gates closed. (***) 2.3 Prior to final inspection of the equipment, the applicant shall install wood slats, or slats of a material and color to be approved by the Community Development Department, in the equipment fencing enclosure for additional visual screening. The approved material and color shall be specified on the plan check drawings. (***) 2.4 The proposed exhaust stack shall be painted to match the exterior of the adjoining building and shown on the plan check drawings. (***) 2.5 The extraction wells shall be installed to be flush with the surrounding grade so as not to disrupt pedestrian or vehicular access. (***) 2.6 The property owner shall notify affected easement holders of temporary construction activities in any easement area at least ten (10) days prior to commencement of construction in the easement area. (***) 2.7 Upon abandonment and filling of the extraction wells as required by OCHCA Hazardous Materials Division, the surface at grade level shall be replaced and restored to the original condition. Upon removal Zoning Administrator Action 09-008 Conditional Use Permit 09-019 Exhibit A Page 3 of the equipment at the rear of the building, the asphalt shall be replaced if necessary, the parking stalls along the rear of the building shall be restrped to meet current Tustin City Code requirements, and the site restored to its original condition, subject to final inspection by the Community Development Department. (***) 2.8 Prior to final inspection of the equipment, the Community Development Department, Building Division shall obtain a decibel reading of the soil remediation equipment to evaluate that the equipment produces no more than 60 decibels of noise in compliance with Tustin City Code Section 4614. If the reading determines that noise thresholds are exceeded, the Community Development Director may require the applicant provide mitigation measures and install additional sound insulation materials. The applicant shall bear all associated costs. (5) 2.9 Contaminated material may not leave the site except as described in Condition 5.4. All necessary precautions and preventive measures shall be in place to prevent material from being washed away by surface waters or blown by wind. These controls shall be in accordance with AQMD Rule 1166. (5) 2.10 All necessary precautions and preventive measures such as Best Management Practices shall be implemented to prevent the flow of contaminated water off-site. Contaminated water includes any water from leaking wells or soil laden water from on-site construction activity. BUILDING DIVISION (1) 3.1 At the time of building permit application, the plans shall comply with the latest State and the City Tustin adopted Codes: 2007 California Building Code (CBC), 2007 California Mechanical Code (CMC), 2007 California Plumbing Codes (CPC), 2007 California Electrical Code (CEC), California Title 24 Accessibility Regulations, 2007 Title 24 Energy Regulations, City Ordinances, and State and Federal laws and regulations At the time of plan submittal provide: • Seven (7) set of plans including building, electrical, mechanical, and plumbing plans. ORANGE COUNTY FIRE AUTHORITY (OCFA) (5) 4.1 Prior to the issuance of any permits or approvals, the applicant shall submit to the Fire Chief a plan of the vapor recovery system under Zoning Administrator Action 09-008 Conditional Use Permit 09-019 Exhibit A Page 4 Service Code PR360 (Vapor Recovery Review) for review and approval OUTSIDE AGENCIES (5) 5.1 The applicant shall obtain all necessary permits from the South Coast Air Quality Management District (SCAQMD), related to the operation, installation, and monitoring of the subject site and equipment. (5) 5.2 The applicant shall obtain all necessary permits and approvals, if applicable, from the Orange County Fire Authority and the Orange County Health Care Agency related to the operation, installation, and monitoring of the subject site and equipment. (5) 5.3 The applicant shall obtain all necessary clearances from the State Department of Occupational Safety and Health Administration. (5) 5.4 All contaminated material being transported must be manifested and may only be carried by a waste hauler licensed to transport the material being hauled. A copy of the appropriate waste hauler permit shall be provided to the City prior to transportation of hazardous material off-site. Transportation of contaminated material and hazardous materials shall be in accordance with the regulations of the following agencies: • United States Department of Transportation; • United States Environmental Protection Agency; • California Environmental Protection Agency; and, • California Division of Occupational Safety and Health Administration. FEES (1,5,2) 6.1 Prior to issuance of any building permits, payment shall be made of all applicable fees, including but not limited to, the following. Payment shall be required based upon those rates in effect at the time of payment and are subject to change. a. Building and Planning plan check and permit fees to the Community Development Department based on the most current schedule b. Orange County Fire Authority (OCFA) fees collected by the Community Development Department c. Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Zoning Administrator Action 09-008 Conditional Use Permit 09-019 Exhibit A Page 5 Department, a cashier's check payable to the COUNTY CLERK in the amount of fifty dollars ($50.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period that applicant has not delivered to the Community Development Department the above-noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened.