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HomeMy WebLinkAboutZAA 11-005 GW REMEDIATION @ 13891 RED HILL AVE.ZONING ADMINISTRATOR ACTION 11-005 CONDITIONAL USE PERMIT 2011-01 13891 RED HILL 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 2011-01 was filed by John C. Gonzales of Conestoga-Rovers & Associates, requesting authorization to install and operate a ground water extraction and treatment system for temporary purposes to remove contamination from the ground water at 13891 Red Hill Avenue (APN 500-141-12); B. In accordance with TCC Section 9299b(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 ground water extraction and treatment system is necessary to facilitate ground water 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 five (5) years 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. Zoning Administrator Action 11-005 Conditional Use Permit 2011-01 13891 Red Hill Avenue Page 2 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 June 6, 2011, by the Zoning Administrator. II. The Zoning Administrator hereby approves Conditional Use Permit No. 2011-01 authorizing the installation and operation of a temporary ground water extraction and treatment system at 13891 Red Hill Avenue, subject to the conditions contained within Exhibit A attached hereto. PASSED AND ADOPTED b~r the Zoning Administrator of the City of Tustin at a regular meeting held on the 6 h day of June, 2011. ADRIANNE DiLEVA RECORDING SECRETARY ~. DANA OGDON ACTING ZONING ADMINISTRATOR Zoning Administrator Action 11-005 Conditional Use Permit 2011-01 13891 Red Hill Avenue Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ADRIANNE DiLEVA, 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. 11-005 passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 6t" day of June, 2011. ADRIANNE DiLEVA RECORDING SECRETARY EXHIBIT A CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 2011-01 13891 RED HILL AVENUE GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped June 6, 2011, on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The Director of Community Development may also approve subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code. (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified, subject to review and approval by the Community Development Department. (1) 1.3 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) 1.4 Approval of Conditional Use Permit 2011-01 is contingent upon the applicant and 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 Any violation of any of the conditions imposed is subject to the issuance of an Administrative Citation pursuant to Tustin City Code Section 1162(a). (1) 1.6 Conditional Use Permit 2011-01 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director. The Community Development Director shall review the use to ascertain compliance with conditions of approval. If the use is not operated in accordance with Conditional Use Permit 2011-01, or is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, the Community Development Director shall impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the Conditional Use Permit. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION Zoning Administrator Action 11-005 Conditional Use Permit 2011-01 Exhibit A Page 2 (1) 1.7 As a condition of approval of Conditional Use Permit 2011-01, 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 the defense of any such action under this condition. (1) 1.8 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney's fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. USE RESTRICTIONS (1) 2.1 The enclosure and all associated equipment shall be removed no later than sixty (60) 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. (1) 2.2 The entire remediation system, including storage drums and equipment, shall be located entirely within the enclosure with the gates closed and within no more than one (1) parking space. (1) 2.3 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. (1) 2.4 All necessary precautions and preventive measures such as Best Management Practices shall be implemented to prevent the flow of Zoning Administrator Action 11-005 Conditional Use Permit 2011-01 Exhibit A Page 3 contaminated water off-site. Contaminated water includes any water from leaking wells or soil laden water from on-site construction activity. 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 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 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. ORANGE COUNTY FIRE AUTHORITY (OCFA) (1) 3.1 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. BUILDING DIVISION (1) 4.1 At the time of building permit application, the plans shall comply with the 2010 Edition State and the City of Tustin adopted codes: California Building Code, Califomia Electrical Code, California Plumbing Code, City Ordinances, and State and Federal laws and regulations. (1) 4.2 Building, electrical and plumbing permits are required for the proposed work. PUBLIC WORKS ENGINEERING (1) 4.3 The applicant shall use the most current City of Tustin Public Works Department Standard No. 108 (Cross-trench repair) for the project. Zoning Administrator Action 11-005 Conditional Use Permit 2011-01 Exhibit A Page 4 (1) 4.4 Prior to any work in the public right-of-way, a Monitoring Well Permit Rider Agreement shall be obtained from and applicable fees paid to the Public Works Department. (1) 4.5 Prior to issuance of a Monitoring Well Permit Rider Agreement for construction of an remediation well within the public right-of-way, a 24" x 36" construction area traffic control plan, as prepared by a California Registered Traffic Engineer, or Civil Engineer experienced in this type of plan preparation, shall be prepared and submitted to the Public Works Department for approval. (1) 4.6 Any damage done to existing public street improvements and/or utilities shall be repaired to the satisfaction of the City Engineer. (1) 4.7 Construction and Demolition Waste Recycling and Reduction Plan (WRRP). A. The applicant/contractor is required to submit a WRRP to the Public Works Department. The WRRP must indicate how the applicant will comply with the City's requirement (City Code Section 4351, et al) to recycle at least 50 percent of the project waste material. B. The applicant will be required to submit a $50.00 application fee and a cash security deposit. Based on the review of the submitted Waste Management Plan, the cash security deposit will be determined by the Public Works Department in an amount not to exceed 5 percent of the project's valuation. C. Prior to issuance of a building permit, the applicant shall submit the required security deposit in the form of cash, cashier's check, personal check, or money order made payable to the "City of Tustin". (1) 4.8 Prior to issuance of the temporary power permit, the applicant shall obtain a temporary power address from the Public Works Department. OUTSIDE AGENCIES (1) 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. (1) 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. Zoning Administrator Action 11-005 Conditional Use Permit 2011-01 Exhibit A Page 5 (1) 5.3 The applicant shall obtain all necessary clearances from the State Department of Occupational Safety and Health Administration. (1) 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) 6.1 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 the 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.