HomeMy WebLinkAboutCUP 11-02 TEMP SOIL REMEDIATION 195 EL CAMINO REALTUSTIN
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DATE: MARCH 14, 2011 h�lIi
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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
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ATTACHMENT C
ZA ACTION NO. 11-002
ZONING ADMINISTRATOR ACTION 11-03
CONDITIONAL USE PERMIT 11-02
195 EL CAMINO REAL
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 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.