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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
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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.
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