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RESOLUTION NO. 3041
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 92-018,
AUTHORIZING INSTALLATION OF TEMPORARY EQUIPMENT FOR
THE EXTRACTION AND TREATMENT OF CONTAMINATED VAPORS
IN THE SOIL AT 14042 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:
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That a proper application, Conditional Use Permit
92-018 has been filed on behalf of Mesa Development
to install temporary equipment to extract and treat
contaminated vapors in the soil at 14042 Red Hill
Avenue.
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A public hearing was duly called, noticed and held
for said application on June 22, 1992.
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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 14042 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 to be located on the
subject site is temporary and will be removed
upon completion of the process. The temporary
equipment will be located approximately 150
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
subject to monitoring by the Orange County
Resolution No. 3041
Page 2
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Health Care Agency, the South Coast Air
Quality Management District, and the Orange
County Fire Department.
A Negative Declaration has been prepared and
certified for this project in accordance with
provisions of the California Environmental Quality
Act.
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II. The Planning Commission hereby approves Conditional Use
Permit No. 92-018 to authorize the installation of
temporary equipment to extract and treat contaminated
vapors in the soil at the property located at 14042 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 22nd day of June, 1992.
~"A~EN I~/'BAKER Chairman
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. 3041 was dul,
passed and adopted at a regular meeting cf the Tustin Planni
Commission, held on the 22nd day of June, 1992.
KATHLEEN CLANCY ///
Recording Secretary "~
EXHIBIT A
CONDITIONAL USE PERMIT 92-018
CONDITIONS OF APPROVAL
RESOLUTION NO. 3041
GENERAL
(1) 1.1 The proposed project shall substantially conform with the
submitted plans for the project date stamped June 22,
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.
(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 days of completion of the
extraction and treatment process. This permit shall be
valid for a period of time not to exceed 24 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 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.
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.
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 92-018
June 22, 1992
Page 2
(2) B.
(2)
(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:
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Ail tanks shall be self-contained in design to
accommodate 100% of contents in event of a
leak/spill.
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Ail dispensing systems shall be secure and
meet Fire Marshall standards.
3. Ail pumps shall be U.L. approved.
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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 AND BUILDING CONDITIONS
(2) 3.1 Note on plans that all openings in the fence enclosure
(4) shall be locked.
(2) 3.2 Portions of the stacks visible above the screen enclosure
shall be painted brown 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 commercially
zoned property of 60 dBa at any time (Section 4614(a)).
Since the equipment will be approximately 150 feet from
residential properties, the applicant shall be required
to meet the City's Noise Ordinance requirements for
residentially zoned property of 55 dBa during the day and
50 dBa 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 $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 to install equipment,
the applicant shall pay the following fees:
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Ail plan check and permit fees and penalty 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 th~
project granted herein shall be considered automatically
null and void.
Exhibit A - Conditions of Approval
Conditional Use Permit 92-018
June 22, 1992
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.
OUTSIDE AGENCIES
(4) 5.1 The applicant shall comply with all conditions of
Application Number D36477, issued 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.Z 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.
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