HomeMy WebLinkAboutCUP 11-02 TEMP SOIL REMEDIATION 195 EL CAMINO REALTUSTIN k Inter -Com DATE: MARCH 14, 2011 h�lIi HI -1 BUILDING OUR FUTURE TO: ZONING ADMINISTRATOR HONORING OURTST FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CONDITIONAL USE PERMIT 11-02 (ZAA 11-03) PROPERTY ED AND CAROL BRAZE OWNER: 12 CARLYLE IRVINE, CA 92620 APPLICANT/ MATT DANIELS CONSULTANT: THE REYNOLDS GROUP 520 WEST FIRST STREET TUSTIN, CA 92780 LOCATION: 195 EL CAMINO REAL ZONING: C-2 (CENTRAL COMMERCIAL) P (PARKING OVERLAY) CR (CULTURAL RESOURCES) DISTRICT GENERAL PLAN: COMMUNITY COMMERCIAL REDEVELOPMENT PROJECT AREA: TOWN CENTER ENVIRONMENTAL STATUS: THIS PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT PURSUANT TO SECTION 15330 (CLASS 30) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). REQUEST: AUTHORIZATION TO ESTABLISH AND OPERATE A TEMPORARY SOIL REMEDIATION SYSTEM AT A FORMER DRY CLEANERS SITE FOR UP TO SIX (6) MONTHS RECOMMENDATION That the Zoning Administrator adopt Zoning Administrator Action (ZAA) No. 11-03 approving Conditional Use Permit 11-02(CUP) . Zoning Administrator Report CUP 11-02 Page 2 BACKGROUND Site and Surroundings The project site is located at the northeast corner of EI Camino Real and Second Street in Old Town Tustin. The site was a former Riteway Cleaners and consists of an approximately 800 square foot wood -framed commercial building and an existing non- conforming residential dwelling (non -occupied) with a ground floor garage. The buildings are currently connected to a septic tank sewage system. Figure 1. Surrounding Zoning Project Description The former dry cleaning business and past activities at the site contributed to soil and groundwater contamination. Code enforcement action was initiated on the property for unpermitted structures (Case No. V09-0122). Based on a letter from the City of Tustin (January 19, 2010), the property owners initiated a Phase II investigation which revealed tetrachlorethene (PCE) contaminants on-site. The applicant/property owner originally requested and obtained a Temporary Use Permit (TUP 10-032) for a 90 -day period. The permit was issued for soil vapor extraction unit for clean-up of PCE beneath the site for a 90 -day period and expired January 10, 2011. The Reynolds Group, an environmental consulting firm, has been conducting the investigations and related work at the site. On February 24, 2010, the initial, shallow soil Zoning Administrator Report CUP 11-02 Page 3 vapor investigation results indicated that PCE was detected in the soil vapor from each of the 12 probes at concentrations ranging from 1.88 to 9.23 micrograms per liter (ug/L). Additional vapor probes and borings were installed and additional surveys were conducted which indicated that PCE was not detected below 50 foot depth. Subsequent testing results showed that, after the 90 day vapor extraction operation, PCE concentrations have been reduced significantly. However, additional vapor extraction operations and remediation are necessary on-site for an additional three to six months in order to reduce levels acceptable to Orange County Health Care Agency (OCHCA) and the California Regional Water Quality Control Board — Santa Ana Region (SARWQCB). Conditional Use Permit In accordance with Tustin City Code (TCC) Section 9270b(d), the removal of earth, other than in connection with construction of buildings, roadways, or public or home improvements is allowed with the approval of a conditional use permit. Pursuant to TCC Section 9299(b)(4)(a), the Zoning Administrator is authorized to consider specified development applications for soil remediation activities. Project Proposal The soil vapor extraction (SVE) well equipment is located at the interior north side of the site and consists of a one -foot diameter, steel, traffic -grade, bolted lids (to prevent incidental damages and liability) and are finished at the surface. The equipment is not visible from the public street in that it is located at the interior of the site behind existing vegetation which will remain intact. The applicant is requesting to operate the soil remediation system for three (3) to six (6) additional months, pending final clearance from the OCHCA. Per Condition 2.1 of proposed ZAA 11-03, the installation would need to be removed and the site restored to the original condition at the end of six (6) months or upon completion of the remediation process, whichever occurs first. Requests to extend the duration of the operation would require approval of the Community Development Director per Condition 2.1. Noise The City's noise ordinance limits exterior noise at all commercial properties to 60 dB(A) at any time. A condition of approval has been included (Condition 2.4) which requires the applicant to obtain a decibel reading of the equipment to verify that it produces no more than 60 decibels of noise. If the reading exceeds the threshold, the Community Development Director may require the applicant to provide mitigation measures and install additional sound insulation materials. Zoning Administrator Report CUP 11-02 Page 4 Environmental Analysis Pursuant to Section 15330 (Class 30) of the Guidelines to the California Environmental Quality Act (CEQA), minor actions to prevent, minimize, stabilize, mitigate, or eliminate the release or threat of release of hazardous waste or hazardous substances which are small actions costing $1 million or less are categorically exempt from the provisions of CEQA. The exemption specifically includes small in situ soil vapor extraction and treatment systems which have been permitted by the local Air Quality Management District. The proposed project falls within the categorical exemption for such cleanup actions. FINDINGS A decision to approve this request may be supported by the following findings: 1) The proposed placement and operation of the soil vapor extraction system is necessary to facilitate soil remediation as required by the OCHCA and Santa Ana Regional Water Quality Board (SARWQCB). 2) The installation and operation of extraction and treatment equipment would be temporary for a period up to six (6) months and will be removed and the site restored at that time or earlier upon completion of the process. 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 is located at the interior of the site and is screened from view at the public right-of-way. 5) The equipment is 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. 6) As conditioned, the use would be approved and monitored by the City of Tustin, OCHCA, SARWQB, 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 CEQA pursuant to Section 15330 (Class 30) of the Guidelines of CEQA. Zoning Administrator Report CUP 11-02 Page 5 Code Enforcement The property has a code enforcement history that is related to the proposed project. A Notice and Order was filed on the property January 27, 2010, The Notice and Order required the responsible party to take corrective action to abate the code enforcement violations and conditions on-site which constitute a public nuisance. The following actions were required: To obtain and secure all appropriate permits by March 1, 2010; physically commence the work authorized by permit by April 1, 2010; and, to complete the abatement of code enforcement violations and conditions on-site within six months of permit issuance. On April 21, 2010 an extension was granted to obtain and secure all permits no later than April 27, 2010, and physically commence the work authorized by permit no later than May 17, 2010, and complete the abatement of the described conditions within six months of permit issuance. A demolition permit was issued on September 22, 2010, and has since expired on October 6, 2010. To date, corrective action has not commenced and all timelines have expired. Therefore, the property owner, as responsible party, must take corrective action. Amy Thomas, AICP Senior Planner Attachments: A - Location Map B - Submitted Plans C -Zoning Administrator Action No. 11-03 SACddVAREPOR-82011=P 11-002 (195 ECR soil remediation).doc ATTACHMENT A LOCATION MAP o Nk e ! T ƒ _ ! � 2 q!m , � ! } } }! . \)e !! --g o Nk e ! T ƒ §#� � q!m , � ! } --�-----}, W I®|# \j)2^ ƒ §#� � q!m , ------- ` ----- } . \)e !! --g 7� Y . \ } leek ou|meo|g --�-----}, W ATTACHMENT B SUBMITTED PLANS Optomehiet 1 (Commercial Building) 6 1 I I I I 4 __o__s_,--- 1 eG I ,. ® I sms sGaa I0,67MW) Ica am�e) 2 -Story Apartment Residence 2 SGP1 -9fif31i.5pi3-MxamGlea a!58f9yr -SG621 aampIW Ml4 Lpn. -5131, SH2H963 avmpNa x!. 3. 1,fe1a, }p, 55, 9, ss,aav - 9B9 tt t, k i�iP. 16. 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That a proper application for Conditional Use Permit 11-02 was filed by Matt Daniels of the Reynolds Group, on behalf of the property owners, Ed and Carol Braze, 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 195 EI Camino Real (APN 401-583-09); B. In accordance with Tustin City Code (TCC) Section 9270(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 sites. 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 placement 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 for a period up to six (6) months and will be removed and the site restored at that time or earlier upon completion of the process. Zoning Administrator Action 11-03 Conditional Use Permit 11-02 195 EI Camino Real 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 is located at the interior of the site and is screened from view at public right-of-way. 5) The equipment is 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. 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. E. That 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 March 14, 2011, by the Zoning Administrator. II. The Zoning Administrator hereby approves Conditional Use Permit No. 11- 02 authorizing the installation and operation of a temporary soil remediation system at 195 EI Camino Real, 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 14th day of March, 2011. DANA L. OGDON ACTING ZONING ADMINISTRATOR ELOISE HARRIS RECORDING SECRETARY Zoning Administrator Action 11-03 Conditional Use Permit 11-02 195 EI Camino Real Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) 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. 11-002 passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 14th day of March, 2011. ELOISE HARRIS RECORDING SECRETARY EXHIBIT A CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 11-02 195 EI Camino Real GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped on March 14, 2011, 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 six (6) 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 11-02 is contingent upon the property owner signing and returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and the property owner signing and recording with the County Clerk - Recorder a notarized "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 11-02, 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 11-03 Conditional Use Permit 11-02 Exhibit A Page 2 ***) 1.6 The property owner(s), as responsible party, must take corrective action to abate the code enforcement violations and conditions which constitute a public nuisance as set forth in the Notice and Order filed on the property January 27, 2010. (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. (1) 1.8 Any violation of any of the conditions imposed is subject to issuance of an Administrative Citation pursuant to Tustin City Code Section 1162(a). USE RESTRICTIONS (***) 2.1 The soil vapor extraction (SVE) well and all associated equipment shall be removed upon completion of the remediation process pursuant to clearance from the Orange County Health Care Agency (OCHCA), or no later than 30 days from the expiration of this permit, or 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 soil vapor well and equipment, shall not be visible from public right-of-way. (***) 2.3 The property owner shall notify affected property owners of soil vapor probes which affect their property at least ten (10) days prior to commencement of construction or activities in this area. (***) 2.4 Prior to final inspection of the equipment, the applicant 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, (***) 2.5 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 Zoning Administrator Action 11-03 Conditional Use Permit 11-02 Exhibit A Page 3 surface waters or blown by wind. These controls shall be in accordance with AQMD Rule 1166. (5) 2.8 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) 3.1 At the time of 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 (1,3) 3.2 The applicant shall obtain any necessary permits including, but not limited to, electrical permits. 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 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 Zoning Administrator Action 11-03 Conditional Use Permit 11-02 Exhibit A Page 4 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 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 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.