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HomeMy WebLinkAboutPC RES 2758 7 $ 9 10 11 12 15 i7 '21 26 27 RESOLUTION NO. 2758 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 90-04, AUTHORIZING INSTALLATION OF TEMPORARY EQUIPMENT FOR THE EXTRACTION AND TREATMENT OF CONTAMINATED VAPORS IN THE SOIL AT 13891 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: a. That a proper application, (Use Permit 90-04) has been filed on behalf of Shell Oil Company to install temporary equipment to extract and treat contaminated vapors in the soil at 13891 Red Hill Avenue. A public hearing was duly called, noticed and held for said application on March 26, 1990. 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, evidenced by the following findings: · The removal and treatment of contaminated vapors in the soil from the property located at 13891 Red Hill Avenue is a necessary process required by public health agencies. · 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. D. That the establishment, maintenance, and operation of the use applied for will not be injurious or detrimental to the property and improvements in the neighborhood of the subject property, nor to the general welfare of the City of Tustin, and should be granted. 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. 90-04 to authorize the installation of 3 4 5 6 ! 8 10 11 12 13 15 16 17 18 19 2O '21 23 2,1 25 26~ 27 28 Resolution No. 2758 March 26, 1990 Page 2 temporary equipment to extract and treat contaminated vapors in the soil at 13891 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 26th day of March, 1990. ~ENNI FOLEY Secretary DON~-L~ LE JEL~NE '~-~\ ~ Chairman I ~ EXHIBIT A CONDITIONAL USE PERMIT 90-04 CONDITIONS OF APPROVAL RESOLUTION NO. 2758 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped March 26, 1990 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, fencing, and other improvements shall be removed within 1 week (1) of completion of the extraction and treatment process. This permit shall be valid for a period of time not to exceed twelve (12) months from the date of installation of equipment. An extension may be granted by the Planning Commission should the extraction process require additional time. Said extension request shall be made to Community Development Department 30 days prior to conclusion of 12 months. SOURCE CODES (1) STA~NDARD COI;DITIOI~ (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA I.{ITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFOI~X BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW ~%.~* EXCEPTION Exhibit A Resolution No. 2758 March 26, 1990 Page 2 PLAN SUBMITTAL 2.1 At building plan check submittal: (3) 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) B. (3) 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. (2) C. 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 and completion dates, prior to commencement of operations. 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. Exhibit A Resolution No. 2758 March 26, 1990 Page 3 (2) D. The applicant shall perform a 24 hour noise test to verify whether the equipment can comply with the City's Noise Ordinance requirements for commercially zoned property of 60 dB(A) at any time (Section 4614(a)). If the test shows non-compliance, the applicant shall install muffling devices to meet said requirements. In the event of complaints from nearby property owners and/or tenants, the applicant shall post a deposit with the City to cover the costs of additional noise testing (the City contracts with the Orange County IIealth Department for such services). SITE AND BUII,DING CONDITIONS (2) 3.1 B. (:~) Note on plans that all openings in the fence enclosure shall be locked. FE~:S (!) 4.1 Prior to issuance of any permits to install equipment, the applicant shall pay the following fees: A. Ail plan check and permit fees to the Building Division, including any fees for work without permits. OUTSIDE AGE};CIES (4) 5.1 The applicant shall comply with all conditions of Application Number 186036 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. (4) 5.2 The applicant shall obtain all necessary permits from the Orange County Health Care Agency related to the operation, installation, necessary permits, and monitoring of the subject site and equipment. DF:kbc STATE OF CALIFORNIA ) COUNTY OF OIQ~NGE ) CITY OF TUSTIN ) I, PENNI FOLEY, the undersigned, hereby certify that I am the Recording Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. ~7~ was duly passed and adopted a~ a regular meeting of the Tustin Planning Commission, held on the ,~-~ day of ~/~.c~. , 199~. PENNi FOLEY Recording Secretary