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Home My WebLink AboutPC RES 3188 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 9.0 21 22 23 9_4 25 26 27 28 RESOLUTION NO. 3188 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 93-024, AUTHORIZING CONTINUED OPERATION OF TEMPORARY EQUIPMENT FOR THE EXTRACTION AND TREATMENT OF CONTAMINATED VAPORS IN THE SOIL AT 13922 RED HILL AVENUE. The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: ao That a proper application, Conditional Use Permit 93-024 has been filed on behalf of C~evron U.S.A. Products Inc. to install temporary equipment to extract and treat contaminated vapors in the soil at 13922 Red Hill Avenue. Be A public hearing was duly called, noticed and held for said application on September 13, 1993 by the Planning Commission. C, The Community Development Department approved a thirty (30) day temporary use permit for the subject vapor extraction system, which waa extended by the Planning Commission for an additional six months. D, That 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 to the general welfare of the City of Tustin as evidenced by the following findings: The removal and treatment of contaminated vapors in the soil from the property located at 13922 Red Hill Avenue is a necessary process required by public health care agencies. Removing contaminates from the soil will benefit the environment, thus enhancing the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of the temporary soil remediation equipment. · The installation of the extraction and treatment equipment located on the subject site is temporary and will be removed upon completion of the process. The temporary equipment is located approximately 500 feet 1 2 $ 4 5 6 7 8 9 10 12 13 14 15 17 18 19 20 21 22 23 24 26 27 28 Resolution No. 3188 Page 2 from the nearest residentially zoned property. Potential adverse impacts related to aesthetics, noise or general safety of the temporary location of the equipment will be mitigated by Conditions of Approval referred to herein as Exhibit A. The operation of the soil remediation equipment is subject to monitoring by the Orange County Health Care Agency, the South Coast Air Quality Management District, and the Orange County Fire Department. Ee A Negative Declarat~ion has been prepared and certified for this project in accordance with provisions of the California Environmental Quality Act. II. The Planning Commission hereby approves Conditional Use Permit No. 93-024 to authorize the installation of temporary equipment to extract and treat contaminated vapors in the soil at the property located at 13922 Red Hill Avenue, subject to the conditions contained in Exhibit A attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission,.held on the 13th day of September, 1993. Secretary ChairpeY~son ~ STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, KATHLEEN CLANCY, the undersigned, hereby certify that I am the Recording Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3188 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 13th day of September, 1993. KATHLEEN CLAN CYJ ~ Recording Secretary EXHIBIT A CONDITIONAL USE PERMIT 93-024 CONDITIONS OF APPROVAL RESOLUTION NO. 3188 GENERAL (1) 1.1 The proposed project shall substantially conform with the plans for the project date stamped September 13, 1993, 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 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with within fifteen (15) days of approval of the subject project, subject to review and approval by the Community Development Department. (1) 1.3 Ail equipment related to the vapor extraction process shall be removed within thirty (30) days of completion of the extraction and treatment process. This permit shall be valid for a period of time not to exceed 36 months from the date of this Resolution. An extension may be granted by the Planning Commission should the extraction process require additional time. Said extension request shall be made to the Community Development Department at least thirty (30) days prior to the expiration of the terms of this Conditional Use Permit. (1) 1.4 The applicant shall hold and defend the City of Tustin harmless from all claims and liabilities out of City's approval of the entitlement process for this project. (1) 1.5 Approval of Conditional Use Permit 93-024 is contingent upon the applicant signing and returning an "Agreement to Conditions Imposed" form as established by the Director of Community Development. SITE AND BUILDING CONDITIONS (2) 2.1 Ail openings in the fence enclosure shall be locked. mmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmm 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 Exhibit A - Conditions of Approval Conditional Use Permit 93-024 September 13, 1993 Page 2 (2) 2.2 Ail graffiti shall be removed within 72 hours of a complaint being transmitted by the City to the property owner. Failure to maintain said structures and adjacent facilities will be grounds for City enforcement of its Property Maintenance Ordinance, including nuisance abatement procedures. (2) 2.3 Within fifteen (15) days of approval of the subject project, the applicant shall install muffling devices to meet City Noise Ordinance requirements and shall perform a 24 hour noise test to verify that the muffled equipment complies with the City's Noise Ordinance requirements for commercially zoned property of 60 dB at any time (Section 4614(a)) or does not increase ambient noise levels at the perimeter of the site. Should additional noise testing be necessary, the previously posted deposit of $250 will be applied toward the cost of the testing. The total cost of this additional noise test or any further testing shall be absorbed by the applicant. (7) 2.4 A small sign noting a telephone number with hours of operation for complaints on the vapor recovery extraction systems shall be maintained on the existing fence enclosure for the equipment. (2) 2.5 The subject property shall be maintained free of weeds and debris. FEES (1) 3.~ 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 $25.00 (twenty-five dollars) pursuant to AB 3185, Chapter 1706, Statutes of 1990, to enable, the City to file the Notice of Determination required under Public Resources Code Section 21151 and 14 Cal. Code of Regulations 15094. If within such forty-eight (48) hour period that the applicant has not delivered to the Community Development Department the above-noted check, the approval for the project granted herein shall be considered automatically null and void. In addition, should the Department of Fish and Game reject the Certificate of Fee Exemption filed with the Notice of Determination and required payment of fees, the applicant shall deliver to the Community Development Department, within forty-eight (48) hours of notification, a cashier's check payable to the COUNTY CLERK in the amount of $850 (eight hundred fifty dollars) Exhibit A - Conditions of Approval Conditional Use Permit 93-024 September 13, 1993 Page 3 pursuant to AB 3158, Chapter 1706, Statutes of 1990. If this fee is imposed, the subject project shall not be operative, vested or final unless and until the fee is paid. OUTSIDE AGENCIES (4) 4.1 The applicant shall comply with all conditions set by the South Coast Air Quality Management District (SCAQMD), related to the operation, installation, necessary permits and monitoring of the subject site and equipment and any additional permits or authorization required by the SCAQMD. ~ (4) 4.2 The applicant shall obtain all necessary permits and approvals, if applicable, from the Orange County Health Care Agency related to the operation, installation, necessary permits, and monitoring of the subject site and equipment. $CR: br