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HomeMy WebLinkAboutPC RES 3061 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 RESOLUTION NO. 3061 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 92-024, AUTHORIZING INSTALLATION OF TEMPORARY EQUIPMENT FOR THE EXTRACTION AND TREATMENT OF CONTAMINATED GROUNDWATER IN THE SOIL AT 14451 MYFORD ROAD 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 92-024, has been filed on behalf of Smith International, Inc. to install temporary equipment to extract and treat contaminated groundwater in the soil at 14451 Myford Road. Be A public hearing was duly called, noticed and held for said application on July 27, 1992. Ce 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 groundwater in the soil from the property located at 14451 Myford Road is a necessary process required by public health care agencies. Removing contaminates from the groundwater 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 to be located on the subject site is temporary and will be removed upon completion of the process. The temporary equipment is not located near any 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 subject to monitoring by the Orange County Health Care Agency, the 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 3061 Page 2 South Coast Air Quality Management District, and the Orange County Fire Department. De 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. 92-024 to authorize the installation of temporary equipment to extract and treat contaminated groundwater in the soil at the property located at 14451 Myford Road, 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 27th day of July, 1992. Chairman KATHLEEN CLANCY 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. 3061 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 27th day of July, 1992. KATHLEEN CLANCY-' Recording Secretary EXHIBIT A CONDITIONAL USE PERMIT 92-024 CONDITIONS OF APPROVAL RESOLUTION NO. 3061 GENERAL (1) 1.1 The proposed project shall substantially conform with the. submitted plans for the project date stamped July 27, 1992, 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. Minor modifications to the project may be approved by the Director of Community Development. (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 and substantial work has been completed on installation of equipment 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 days of completion of the extraction and treatment process. This permit shall be valid for a period of time not to exceed five years 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 30 days prior to the expiration of the terms of this Conditional Use Permit. PLAN SUBMITTAL 2.1 At building plan check submittal: (3) A. SOURCE CODES Construction plans 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. (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 92-018 June 22, 1992 Page 2 (2) B. (2) (2) C. Preliminary technical detail and plans for all utility installations including 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: Ail tanks shall be self-contained in design to accommodate 100% of contents in event of a leak/spill. · Ail dispensing systems shall be secure and meet Fire Marshall standards. 3. Ail pumps shall be U.L. approved. · The applicant shall provide the following written notifications: a · Anticipated start-up dates, prior to operations; and and completion commencement of b. Actual completion of operations. · The applicant shall obtain applicable permits for hazardous operations. · The applicant shall file all applicable hazardous material disclosure statements with the Fire and Health Departments. SITE AlgD BUILDING CONDITIONS (2) 3.~ Note on plans that all openings in the fence enclosure (4) shall be locked. (2) 3.2 Portions of the groundwater treatment system visible above the screen enclosure shall be painted to match existing improvements on the subject property. The final color selection shall be subject to the approval of the Community Development Department. Exhibit A - Conditions of Approval Conditional Use Permit 92-018 June 22, 1992 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 industrial zoned property of 70 dBa at any time (Section 4614(a)). Prior to operation of the ground-water treatment equipment, the applicant shall post a deposit of $250 to cover the cost of one additional noise test by the City Noise Consultant. The cost of further testing shall be absorbed by the applicant. 3.4 A minimum 24 inch X 24 inch sign noting a telephone number with hours of operation for complaints on the vapor recovery extraction system shall be provided on the existing fence enclosure proposed for the equipment. FEES (1) 4.1 Prior to issuance of any permits applicant shall pay all plan check and permit fees to the Building Division. (1) 4.Z 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) pursuant to AB 3158, Chapter 1706, Statutes of 1990. If this fee is imposed, the subject project shall not be Exhibit A - Conditions of Approval Conditional Use Permit 92-018 June 22, 1992 Page 4 operative, vested or final unless and until the fee is paid. OUTSIDE AGENCIES (4) 5.1 The applicant shall comply with all conditions of Application Number D224930, issued by the South Coast Air Quality Management District (SCAQMD), and all conditions of the Regional Water Quality Control Board Permit 90-129 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.Z The applicant shall obtain all necessary permits and approvals, if applicable, from the Orange County Health Care Agency and Orange County Fire Department related to the operation, installation, necessary permits, and monitoring of the subject site and equipment. BCS:nm