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HomeMy WebLinkAboutPC Minutes 04-06-81 (2) TUSTIN PLANNING AGENCY Minutes of Regular Meeting April 6, 1981, 7:30 P.M. The Planning Agency held a regular meeting Monday, April 6, 1981 at 7:30 P.M., in the Council Chambers of the City Hall, 300 Centennial Way, Tustin, California. The meeting was called to order by Chairman James Sharp, at 7:45 P.M. ROLL CALL Present: Hoesterey, Edgar, Sharp, Kennedy and Saltarelli Absent: None A1 so present: Alan Warren, Community Development, Senior Planner Edward M. Knight, Associate Planner Dan Blankenship, City Administrator, Tom Woodruff, City Attorney, Mary Ann Chamberlain, Associate Planner, Recording Secretary PUBLIC HEARING ENVIRONMENTAL IMPACT REPORT 81-1 and USE PERMIT 80-25 Applicant: Location: Request: Silicon Systems Incorporated 14351Myford Road Fabricate semi-conductor devices Mr. Edward Knight reviewed the staff report and commented that Silicon Systems Inc. approached the City last September to expand their facility to include the manufacturing of semi-conductor devices. He explained that this would be an appropriate use, subject to a use permit and upon the finding that the proposed use would not be detrimental to the health, safety, or general welfare of the city. Silicon prepared an initial study questionnaire, it was reviewed by staff. Staff determined that the affects would create a significant impact on the environment and that an Environmental Impact Report, (hereinafter referred to as EIR), would be required. Submitted is a Focused-EIR, meaning the EIR was focused on certain significant affects. All other potential affects were determined by staff to either be negligible or they were covered originally under the Master EIR. These affects included activities which resulted in the use of large amounts of fuel, energy or water conceivably creating a public health hazard and might potentially degrade the ambient air quality. Mr. Knight stated the applicant, Silicon Systems, Inc., (hereinafter called SSI), requested that staff give a recommendation for a consultant. Staff normally does not give recommendations but SSI was somewhat unsophisicated in the EIR business and we recommended Applied Conservation Technology Inc., who did prepare a draft EIR. This draft EIR was submitted to the responsible agency's, local interest groups, and individuals. The addemdum to the report is the result of those remarks/comments from State Clearinghouse, all other interest groups or individuals, and testimony which includes the March 16, 1981 public hearing, plus testimony from this April 6, 1981, hearing. After review and consideration, staff feels that this EIR document is in conformance with state law, the California Environmental Quality Act and the policies of the City Council. SSI has incorporated all mitigating measures which will bring all the significant impacts identified in the draft EIR to an exceptable level. By certifying this EIR, SSI's proposed expansion would be in conformance with the findings of a use permit in the Industrial Complex. Tusttn Planning Agency Minutes April 6, 1981, 7:30 P.M. Page 2 Planning Department staff subsequently recommends approval of Use Permit 80-25 and certification of the Focused EIR. However, two conditions of approval are recommended; 1) mitigating measures as outlined in the Focused EIR will become part of the development plans and ongoing manufacturing of semi-conductor devices at SSI; and 2) any vehicle transporting hazardous, explosive substances to this facility shall not use for ingress or egress any adjacent roadways that serve residential areas. Mr. Sharp stated that we are going to hear and act first on the certification of the EIR, should after this public hearing, certification of the EIR be made, another public hearing will be scheduled to hear Use Permit 80-25. All information pertaining to the Use Permit should not be heard at this hearing. Mr. Edgar stated all comments should be heard. It is the Council's responsibility to decide what information is pertinent. All Agency members concurred. Public hearing was opened 7:51 P.M. Mr. Gene Potter, Founder and Chairman, Silicon Systems Inc., explained a great need for Silicon to begin manufacturing/producing their own wafers, since the traditional suppliers are failing to satisfy the needs of Silicon and their customers. Approval of expansion and manufacturing of wafers in our own facility will help allow us to control our business. SSI is an 8 year old, employee owned electronic's company which began in the Irvine Industrial Complex. (Employee owned refers to two-thirds of SSI stock is held by employees of SSI). An EIR was prepared reviewing the proposed expansion. Since the presentation of the EIR, a number of questions have been asked. SSI has addressed all of these questions and we have presented explanations, clarifications and data which we believe demonstrates that the proposed expansion is safe and sound. Mr. Potter commented on the expansion of SSI and the questions that were raised pertaining to the EIR and Use Permit. He explained to process our wafers, SSI would be using a few acids, gases, and a few solvents. The acids we would be using include, nitric acid, sulfuric acid, acetic acid and hydrofluoric acid. These acids would be used in small quanties, i gallon bottles. The acids would be used in segregated areas. The waste would be collected in a special drain system, then would be neutralized and after being checked twice would be put into the community sewer system in very diluted forms. The general quality of sewage in the community would be improved by SSI's operation. Hydrofluoric acid would be used in a special area and it's waste too, would be collected in a completely separate drain system and would be hauled away once a month by a special certified hauler. The gases used would be sulfine and arsine. These gases would be brought to our facility in small tanks and in very dilute form. Typically less than 1% concentration. The gases are stored and used in such a way that if anything were to leak, the leakage would all go through the scrubber before being released in the air. Calculations show that we could rupture a bottle every two minutes continuously and the air would be safe to breathe on a continuious basis. We have two scrubbers for safety, if one were to fail, the other would be able to handle conditions so that nothing would escape without going throught the scrubber. The scrubbers are of a continuious self-cleaning type. The solvents in which SSI would be using arq similiar to kerosine. These solvents would be used in a segregated area and their waste would be collected in yet another drainage system and holding tank. Tustin Planning Agency Minutes April 6, 1981, 7:30 P.M. Page 3 Approximately once a month a certified hauler would take the waste away to be recycled for re-use. Very little of these acids, gases, etc., are ever in the building at one time. The storage areas outside the building are separated for safety. The underground holding tanks are inside concrete vaults which permit easy tank inspection for leaks. The concrete vaults are themselves, safe for holding the liquids in case the tank ever did fail. The lines to these tanks are in concrete trenches and easily inspected. Mr. Potter continued to address the various questions which resulted from the EIR. First being consumption of water: SSI would be consuming at full plant expansion, (several years from now) enough water to service approximately 300-500 homes. This usage according to the Irvine Water District is well within the current and planned capacity. We have made provisions for recyclying water when it becomes technically feasible so as to conserve more water. As designed, this facility will make use of all practical water conservation measures and we will only be using about 80% of what other existing wafer processing facilities currently use. In regards to drought: The water district itself has absolute authority to restrict our usage in case of drought. Sewage; after analyses, proof is supplied that there is plenty of capacity for SSI. Orange County Santitation District will test the waste we put in to the sewer to confirm that it meets their standards. We also will be testing the waste periodically. Ordors; in the last couple of weeks we have done an additional amount of research, calculations, etc., and I can state catagorically that there will not be any ordor emanating from the SSI facility. Gases; the bottles of gases used will be small and they are very dilute. We have designed in our facility a Moran unit which will continually monitor key points throughout the building and the storage areas for hazardous gases. In addition, it will be monitoring imput to the scrubbers themselves. This equipment will automatically sound alarms, and shut down equipment should there be problem and it will make a permanent record of its readings. Mr. Potter presented a chemistry kit, commercially bought to test emmissions that will come out of the scrubbers. He demonstrated the manner of testing. This kit will be donated by SSI to the appropriate department to use for testing. These test are well-known, well-established, reliable methods of measuring omissions from the scrubbers. Traffic; we have poled our employees, thirteen employees presently commute over Walnut. Many of our employees live in Peppertree, Laurelwood and Tustin Meadows. At maximum expansion, we expect about twelve to seventeen people possibly using Walnut to and from work. All trucks will travel to and from SSI via Interstate 5 and the Myford interchange. We estimate that an average of one additional truck per day making deliveries and pick-ups at the plant will be incurred by complete expansion of SSI. Security and Safety: SSI will have a safety and security officer present at the facility twenty-four hours per day, everyday of the year, including holidays to routinely and regularly inspect all of Tustin Planning Agency Minutes April 6, 1981, 7:30 P.M. Page 4 the equipment and machinery. SSI is in the process of recruiting a permanent full time safety coordinator and industrial hygienist to work on a full-time basis with us. Our safety coordinator will be available to the community to provide education and training and to provide technical assistance. SSI will train the Fire Department and Paramedics regarding all processes which will be used. Periodic safety drills with these agencies will be proceedure. Employees too, will be attending periodic safety cources. Storage area housing storage tanks will be surrounded with 16' high barrier. This area will have limited access. Financial gain to the City of Tustin; with the planned expansion, we estimate that the City of Tustin will receive something in excess of $111,000.00 in property taxes in 1982. In additon, the company will be employing many very highly payed professionals. These people may buy homes in this area and their special skills will enhance the community. SSI has been and will continue to be a good neighbor. It has been and will continue to be our policy to be completely open with everyone in the community. In ending, Mr. Potter thanked the Planning Agency for their help with this request. Understanding, the council not being a board of chemists, physicists or doctors, there are difficulties facing the council in making a decision regarding this expansion. Mr. Hoesterey questioned the quanity of bottles of acid to be stored. Mr. Potter replied, at maximum 50-100 bottles stored at one time. Lloyd W. Robbtns, resident, City of Tustin, stated he went to the SSI facility open house. He claimed the plant was clean and organized and they are producing a product in which society is coming to depend on. During the tour, the guide mentioned that when SSI first approached the city regarding expansion, SSI was told by the city that an EIR was not necessary. Later this was revised and SSI had only three weeks to get the EIR prepared. Mr. Robbins believes that SSI prepared an exceptional document, considering the time. But because the preparation time was so short, Mr. Robbins believes that some parts of this EIR are not complete and the Planning Agency should consider delaying acceptance of the EIR until it can be revised and made more complete. Mr. Robbins submitted the following points that he felt should most certainly be in the EIR: Radio Active materials; during the tour the group passed an area that was posted restricted. It was explained by the guide, that the area was off-limits because Radio Active materials were stored there. Mr. Robbins stated that flammable materials, explosive materials presumed to exist at the facility, too, should be covered in the EIR. In regards to water usage, Mr. Robbins was concerned that should we have a draught situation, a severe one, the Agency should have a condition in the Use Permit that clearly states the city is not guaranteeing the required water for the wafer process. The sewage system; Mr. Robbins feels that the EIR casually stating that SSI will work with the city is not sufficient. He stated the City Engineer who reportedly tested the sewage, and approved this use, Tustin Planning Agency Minutes April 6, 1981, 7:30 P.M. Page 5 should post the results. Were there allowances for future growth, residential and industrial? Can this system handle another high use industry? Will sewer back-up into residential areas? Is it possible for SSI to adjust their imput into the sewer to avoid peak hours? What happens in the future if the test projections are wrong? Who pays? Will the taxpayer be asked to subsidize this company by providing a new sewer? Should the co, any post a sewer bond? Also, Mr. Robbins was concerned with there only being one toxic waste disposal dump. If this closes, where will toxic waste materials be dumped. If illegal dumping by SSI is discovered, will the Use Permit be revol ked? In closing, Mr. Robbins stated he enjoyed the tour, but that he is not a chemist and that he cannot evaluate what he saw or heard. He said he wasn't sure if the Planning Agency was qualified to evaluate this project. He suggested the agency hire an expert/professional not on SSI's payroll so to obtain an accurate evaluation of this process. He also was concerned about the probable change of management in the future, conditions regarding continued compliance of the mitigating measures should be made. It was decided by agency that all public concerns/questions would first be heard before a rebuttal would be heard from the applicant. Todd Ferguson, Peppertree Homeowners Association, stated he attended the open house at SSI and that all questions were answered to his satisfaction. Peppertree representatives felt that approval of this expansion would be in the best interests of the City of Tustin. Connie Allen, President, Tustin Meadows Homeowners Association, stated that their association was not polled for opinion regarding SSI proposal until last week. The majority cannot support the maunfacturing of semi-conductor wafers in our community on the basis of the available information. Additional information from sources other than SSI substantiating the claims of safety would be required before considering the process of wafer manufacturing being a benefit to our area. SSI stated at their open house that if they are denied a permit for this manufacturing of wafers, they will use the available space in Tustin as their Engineering facility, bringing in approximately 300 to 400 new engineers. Therefore, the benefits of new employement opportunity and potential residents stated by SSI, do not change whether or not the manufacturing faciltiy is approved. A major portion of the semi-conductor industry has been located in the San Jose area for several years. White papers with pertinent information regarding this industry are on file in the cities of San Jose, Santa Clara and Sunnyvale. Mrs. Allen feels that before any decision is made certifying the EIR, reading these reports to become more knowledgeable of the history, statistical findings, etc., of another plant would be of a great benefit. Randy Knapp, President, Chairman of Board of Directors, Wespercorp, commented that Wespercorp is the nearest neighbor to SSI. Mr. Knapp stated he had contacted SSI and requested that SSI review with them, the proposed expansion and the types of chemicals and processes involved in extending their operations to wafer fabrication. SSI officials reviewed not only with me but our safety personnel and it was our determination that this type of operation next door to us was safer and better for the environment than if we were located next to a gasoline station. In Mr. Knapp's opinion, there is more consideration placed on the environmental standards within this operational facility than he's seen in most any operations of it's type. In regards to the employee traffic, Mr. Knapp stated this operation would need less employees than a normal facility because of it's efficiency. Mr. Knapp commented Wespercorp supports SSI's proposal 100%. Tdstin Planning Agency Minutes A~ril 6, 1981, 7:30 P.M. Page 6 Margaret Thompson, President, Laurelwood Homeowners Association, stated several homeowners and the Master Board members attended the open house at SSI. After leaving the facility, Ms.Thompson stated that they were convinced that the proposed expansion can only be an improvement to the area. The presentation of the facility was in our opinion thorough. Any questions we had were answered to our satisfaction. James Farnsworth, resident of City of Tustin, stated that after reading the EIR he felt that some questions which he considers viable are brought forth in the EIR but are laid to rest not fully satisfied. The majority of these questions regarding, sewer capacity, drought, storage of wastes have already been discussed at this hearing. In addition to these, what effect would an earthquake have on the underground storage tanks? Would the city be able to handle a chemical spill on highways? Does liability regarding safety rest on SSI alone? Does the material removed from the wafers contain any dangerous chemicals, any heavy metals, or metalic compounds? If there are dangerous substances removed from the wafers, why are they not mentioned in the report? Jean Adams, resident of Tustin since 1946, owner of SSI Building, states she is concerned because should a problem arise in SSI, she could be held responsible. Also, she stated she owns property in the area and has two children who's welfare is very important. Mrs. Adams suggested that instead of having supporters of this program come forth and speak separately, that with the agency's permission, could they just stand. Agency approved. Many who supported SSI stood. In turn, those who opposed also stood. It was stressed by agency that this is not a popular vote situation but a public hearing. Decisions regarding the EIR certification and approval of Use Permit rest with the agency. Mrs. Adams reviewed the employee situation and explained one benefit to City of Tustin is that many employees of SSI and their families are residents and frequent Tustin's markets, gas stations, restaurants, banks, etc. She stated that SSI being compared to Dynachem/Thiokol is in her opinion not a fair comparison. These two facilities are quite different from one another. Dynachem, she states is a chemical manufacturing facility. SSI is not. As an example of unfair comparision, Mrs. Adams stated that Dynachem stores 200 to 500, 55 gallon drums of chemicals at their facility whereas SSI will only be storing 8 to 10, 55 gallon drums of chemicals on the premises. SSI wants to be a good neighbor and in her estimation, SSI is making every effort to be one. All local and state requirements have been met and she would like a vote of approval so to get on with the construction of this expansion. Peer Swan, resident of Tustin, stated he was impressed with the tour of SSI. He said he is not opposed to the project but was concerned with what conditions would be imposed upon SSI if we approved the expansion. If SSI did not conform with the mitigating measures, could the Use Permit be revoked? Other concerns were regarding traffic increases in the area. Would a fine be enforced should a truck carrying hazardous materials be found in a residential area? Mr. Saltarell asked Mr. Swan, as a member of the Irvine Ranch Water District, do you for see a time in the relatively near future, i.e., 3 to 10 years, that the ability of the district to supply water in the quanities needed by SSI would be in jeopardy? Tustin Planning Agency Minutes April 6, 1981, 7:30 P.M. Page 7 Mr. Swan replied that in 1985 after the Central Arizona project comes in on the line, and should there be a drought, all retailers will have to cut back in consumption. We are in the process of developing additional, supplemental sources that would help mitigate any decrease in retail. Mr. Saltarelli questioned that none of the waste water effluent is going to flow into the IRWD systems but all into County Santitation District. Mr. Swan confirmed. Mr. Saltarelli asked Mr. Woodruff if SSI is subject to the Industrial Waste Ordinance of the County Santitation Distict. Mr. Woodruff replied that SSI would be required to obtain a Industrial Waste Permit from County Santitation District No.7. As such, SSI pays a fee calculated on the content and quantity of waste. The city would not incur any sewer expense relative to additional construction. Mr. Saltarelli also asked if County Santitation District No. 7 has the capacity to accept this effluent. Mr. Woodruff confirmed. Tracy Brandt, resident of Tustin, stated that although she had not reviewed the EIR in it's entirety, she is impressed with the safety equipment and management. She had the following suggestion, concurring with Mr. Robbins, that managements do change, therefore she supports the idea of writing guarantee's into the Use Permit for the mitigations in the EIR. Also, there were a couple of areas Ms. Brandt wanted more imput on. These areas are as follows: What is the salt discharge into the sewage system from this facility and what is its impact on the Santitation District? Can the Arsnic, if removed in solid form be reclaimed someway rather than put into a dump where it very possibly could find it's way back into environment? And, regarding the hydrogen tanks, basically how big a "boom" just in case and what would the estimated destruction be, just in the remote instance there were to be an explosion? Mr. Sharp stated, their being no new questions or any one else to speak, the applicant is asked to give his rebuttal regarding the questions/concerns presented by public and agency. Mr. Gene Potter of SSI in reply to the questions, began first with the concern of Radio Active materials observed at the facility. He stated, we in fact do have a very small amount of radio active material on the premises for the purposes of testing. It is not used in any way in the manufacture of the integrated circuits. It has nothing to do with the expansion being asked for. It is part of a conmnerically available piece of equipment which we have commercially purchased and installed in full accordance of the various governmental requlations. It is in full compliance with all existing legislation. In reference to the drought question; we have no problem with the Agency/Council writing into the Use Permit a condition that states the City cannot guarantee the full amount of required water in a drought situation. On the question of sewer capacity, we have a letter from Bob Ledendecker, City Engineer, City of Tustin, dated 3/11/81, addressed to James D. Brennan. It says that the sewer capacity for SSI expansion on Myford Road has been reviewed and found to be acceptable to the city. Regarding toxic waste disposal; "What happens if the West Covina dump site closes?" There is at least one other dump site in Ventura, California that we could use. Our company as well as many others would adversely be affected in the event West Covina were to close. We cannot store this waste on our premises more than 60 days without a Tustin Planning Agency Minutes April 6, 1981, 7:30 P.M. Page 8 dump site permit which is unquestionable. Therefore we would be taking a risk as with the water to have to close. To write a condition in the Use Permit regarding midnite or otherwise illegal dumping to be grounds for revoking our permit, is acceptable to us. Contact regarding another existing faciltiy in SanJose to obtain history, statistics, etc., Mr. Potter felt this has been done. The response in his opinion had been satisfactory. Regarding the removal of heavy metals from the wafers; all of the materials used in the manufacture of the integrated circuits has already been brought out. There are no additional ones. The only kind of materials that are removed from the integrate circuit wafers during the processing are quartz glass and small amounts of pure aluminum. With reference to damage being caused to our hydrofluoric storage vault in case of an earthquake, according to all building code suggestions, this type of structure should survive almost anything. The traffic and hauling of hazardous substances through residential areas, clearly the most expedious, shortest route to and from the plant would be via Interstate 5 and the Myford interchange. This will be the route used by our trucks. The comment regarding the revocation of our Use Permit should we fail to comply with a restriction of our trucks traveling through residental areas, if this is made a condition of the approval, it would be acceptable to use. In answer to the concern about salt in sewage, it is true that very small amounts of salt will be created in the simple neutralizaton of the acids. Although not having the figures at this meeting, Mt. Potter assured the amount was very small. Arsenic removal; the arsnic waste is going to be a solid waste and it will be stored and hauled away in safe containers to an appropriate site. Mr. Saltarelli asked if there was arsenic going into the water. Mr. Potter replied, not really, no, the exhaust coming from the defusion furnace's where arsenic is used results in arsnic tri-oxide in very small amounts and this is caught in our scrubber. Mr. Saltarelli asked what length of time do you feel might be necessary amortize the investment in this manufacturing process, assuming some cataclysmic problem arose relative to water supply in this general region in the next decade or so? Are you willing to take this risk? Mr. Potter replied, yes, we estimate probably about 5 or 6 years is how long a plant such as this really has a useful life, not before equipment wears out or anything like that, but before the technology has advanced to the point where equipment has to be replaced. Our plans, in fact, are to open another wafer fabrication plant outside the State of California during 1984 which will be probably 3 times as large as this one. Mr. Hoesterey asked if there was a water cutback, would it lead to a higher concentration of acids and disposals going into storage tanks? Mr. Potter replied, no, we would cut back on our operation to prevent this. There being no other person(s) to speak, public hearing closed 9:10 P.M. Tustin Planning Agency Minutes April 6, 1981, 7:30 P.M. Page 9 Mr. Edgar stated he feels comfortable with the material that we reviewed and have heard these last few weeks. Semi-conductor manufacturing is a mature technology today with many factories. MOTION by Edgar to approve certification of the EIR by the adoption of Rsolution 1960 and recommends same to Council. SECONDED by Saltarelli for discussion. Mr. Saltarelli, under discussion, commented the EIR is not the best it could be, but it's far from the worse. He feels it is an adequate report and he is satisfied with it. AYES: NOES: Edgar, Saltarelli, Kennedy, Hoesterey and Sharp None MOTION BY Edgar, Seconded by Kennedy to adjourn to City Council meeting. Motion carried. USE PERMIT 80-25 Applicant: Location: Request: Silicon Systems Incorportated 14351Myford Road Fabricate semi-conductor devices Public hearing open 9:19 P.M. No testimony heard. Public hearing closed 9:20 P.M. Mrs. Kennedy stated that because of the complexity of this issue, all testimony should be gathered together and reviewed before making a decision. This decision should be made at the next Planning Agency meeting. Mrs. Kennedy feels the question of the impacts on the sewer system needs further investigation. Management control and future expansion need further review. Mrs. Kennedy moved for postponement of decision. No second. Mr. Saltarelli stated SSI has been honest with proposal but the legal control for either the EPA or Santitation District to shut down SSI should violations/problems arise, needs consideration. Mr. Edgar moved to approve the project, subject to the condition that Silicon agrees in writing to the mitigating measures in the EIR. No second. Mr. Woodruff suggested obtaining further verification from IRWD and Santitation District No. 7 regarding sewer system and water supply before approving the Use Permit and to include terms in a contract. Mr. Hoesterey states he has serious reservations with regards to approval of this Use Permit. He explained he does not want to repeat mistakes. Mr. Hoesterey moved to deny approval. No second. MOTION by Saltarelli, SECONDED by Kennedy to continue Use Permit 80-25 to April 20, 1981, Planning Agency meeting. AYES: Saltarelli, Kennedy, Edgar and Sharp NOES: Hoesterey Tustin Planning Agency Minutes April 6, 1981, 7:30 P.M. Page 10 ADJOURNMENT There being no further business to come before the Agency, Chairman Sharp declared the meeting adjourned at 9:52 P.M. to meet again for regular meeting scheduled April 20, 1981. Mary ~in Chamberlal n Recording Secretary