HomeMy WebLinkAboutPC RES 3142 2
$
4
$
7
10
11
12
13
14
17
18
20
21
22
27
28
RESOLUTION NO. 3142
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 93-013,
AUTHORIZING INSTALLATION OF TEMPORARY EQUIPMENT FOR
THE EXTRACTION AND TREATMENT OF CONTAMINATED VAPORS
IN THE SOIL AT 14122 NEWPORT AVENUE.
The Planning Commission of the City of Tustin does hereby
resolve as follows:
I. The Planning Commission finds and determines as follows:
ae
That a proper application, Conditional Use Permit
93-013 has been filed on behalf of Chevron U.S.A.
Products Inc. to install temporary equipment to
extract and treat contaminated vapors in the soill
at 14122 Newport Avenue.
Bo
A public hearing was duly called, noticed and held
for said application on May 24, 1993 and continued
to June 14, 1993.
Ce
That establishment, maintenance, and operation of
%he 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 us~, 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 14122 Newport 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 genera]
welfare of the persons residing or working ir
the neighborhood of the temporary soil
remediation equipment.
The installation of the extraction an~
treatment equipment to be located on th~
subject site is temporary and will be remove8
upon completion of the process. The temporar5
equipment will be located approximately fort~
(40) feet from the nearest residentially zoned
property. Potential adverse impacts related
to aesthetic, 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 installation and
operation of the soil remediation equipment is
4
5
6
7
$
9
10
11
12
13
14
15
16
17
18
19
20
22
2.3
26
27
28
Resolution No. 3142
Page 2
subject to monitoring by the Orange County
Health Care Agency, the South Coast Air
Quality Management District, and the Orange
County Fire Department.
D .
A Negative Declaration 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. 93-013 to authorize the installation of
temporary equipment to extract and treat contaminated
vapors in the soil at the property located at 14122
Newport 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 14th day of June, 1993.
Chair~rson
KATHLEEN CLAN CY
Secretary ~
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. 3142 was duly
passed and adopted at a regular meeting of the Tustin Planning
Commission, held on the 14th day of June, 1993.
KATHLEEN CLANCY
Recording Secretary
EXHIBIT A
CONDITIONAL USE PERMIT 93-013
CONDITIONS OF APPROVAL
RESOLUTION NO. 3142
GENER3~L
(1) 1.1 The proposed project shall substantially conform with the
submitted plans for the project date stamped May 24,
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 prior to the issuance
of any building permits for the project, subject to
review and approval by the Community Development
Department.
(1) 1.3 Conditional Use Permit approval shall become null and
void unless all permits are issued within twelve (12)
months of the date of this Exhibit.
(1) 1.4 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 24 months
- = hi
~rom the date o~ t s 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) 1.5 The applicant shall hold and defend the City of Tustin
harmless from all claims and liabilities out of City's
approval of the entizlement process for this project.
(!) 1.6 Approval of Conditional Use Permit 93-013 is contingent
upon the applicant signing and returning an "Agreement to
Conditions Imposed" form as established by the Director
of C~mmunity Development.
SOURCE CODES
(1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT
(2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES
(3) I/NIFORM BUILDING CODE/S (7) PC/CC POLICY
(4) DESIGN REVIEW
*** EXCEPTION
Exhibit A - Conditions of Approval
Conditional Use Permit 93-013
June 14, 1993
Page 2
PLAN SUBMITTAL
2.1 At building plan check submittal:
(3) A.
(2)
(2)
·
Construction plans including seismic tie-downs for
the trailer, and structural calculations where
required. Requirements of the Uniform Building
Plumbing, Mechanical and Electrical Codes shall be
complied with as approved by the Building Official.
(2) C.
Preliminary technical detail and plans for all
utility installations including water and
electricity. Additionally, a note on plans shall
be included stating that no field changes shall be
made without corrections submitted to and approved
by the Building Official.
Information to ensure compliance with all
requirements of the Orange County Fire Department
pertaining to treatment and handling of flammable,
volatile and/or hazardous substances, including but
not limited to the following:
i ·
The applicant shall provide the following
written notifications:
a ·
Anticipated start-up and completion
dates, prior to commencement of
operations; and
b. Actual completion of operations.
.
The applicant shall include the letter of
intent which defines duration, types of
contaminates, tank storage size, fuel type and
equipment specifications.
SITE kND BUILDING CONDITIONS
(2) 3.% Note on plans that all openings in the fence enclosure
(4) shall be locked.
(2) 3.2 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.
Exhibit A - Conditions of Approval
Conditional Use Permit 93-013
June 14, 1993
Page 3
(2) 3.3 The applicant shall install muffling devices to meet City
Noise Ordinance requirements prior to operation of the
soil remediation equipment. Immediately upon
installation the applicant 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)).
Since the equipment will be approximately forty (40) feet
from residential properties, the applicant shall be
required to meet the City's Noise Ordinance requirements
for residentially zoned property of 55 dB during the day
and 50 dB at night in the event of complaints from nearby
property owners and/or tenants. Prior to operation of
the soil remediation equipment, the applicant shall post
a deposit of $300 to cover the cost of one additional
noise test by the City Noise Consultant, if needed. The
total cost of this additional noise test or any further
testing shall be absorbed by the applicant.
(7) 3.4 A minimum 24-inch by 24-inch sign noting a telephone
number with hours of operation for complaints on the
vapor recovery extraction systems shall be provided on
the existing fence enclosure proposed for the equipment.
FEES
(1) 4.1 Prior to issuance of any permits to install equipment,
the applicant shall pay all plan check and permit fees to
the Building Division.
(1) 4.2 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.
Exhibit A - Conditions of Approval
Conditional Use Permit 93-013
June 14, 1993
Page 4
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)
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.
OIITSIDE AGENCIES
(4) 5.1 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) 5.2 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.
SCR:br