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Home My WebLink AboutPC RES 2675 1 3 4 5 6 7 8 9 10 11 13 14 15 16 17 18 19 ~0 23 24 25 26 27 28 RESOLUTION NO. 2675 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 89-30, AUTHORIZING INSTALLATION OF TEMPORARY EQUIPMENT TO EXTRACT AND TREAll4ENT OF CONTAMINATED VAPORS AND GROUNDWATER AT 13922 NEWPORT AVENUE. The Planning Commission of the City of Tustln does hereby resolve as follows' I. The Planning Commission finds and determines as follows- A. That a proper application, (Use Permit No. 89-30) has been filed on behalf of Southern Counties Oil Con, any to install temporary equipment to extract and treat contaminated vapors and groundwater at 13922 Newport Avenue. That a public hearing was duly called, noticed and held for said application on Septent~er 25, 1989. C. That establishment, maintenance, and operation of the usc applied for will not, under the' circumstances of this case, be detrimental to the heal th, safety, morals, con,fort, or general welfare l of. the persons residing or working in the neighborhood of such proposed use, evidenced by the following findings' 1.. The removal and treatment of contaminated vapors and 'groundwater from the property located at 1011 E1 Camino Real is a necessary process required by public health agencies. 2. The installation of the extractlen and treatment equipment at 13922 Newport Avenue 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 propertT, nor to the general welfare of the City of Tustin, and should be granted. Proposed development shall be in accordance with the development policies adopted by the City Council, Uniform Building Codes as administered by the Building Official, Fire Code as administered by the Orange County Fire Marshal and street improvement requi-rements as administered by the City Engineer. Fe Final development plans shall require the review and approval of the Community Development Department. 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27~ 28 Resolution No. 2675 page two II. The Planntng Commission hereby.approves Conditional Use Permit No. 89-30 to authorize the Installation of temporary equipment to extract and treat contaminated vapors and groundwater at [3922 Newport Avenue subject to the conditions contained tn Exhibit A, attached hereto. PASSED AND ADOPTED at a regular meet1 held on the 25th day of September, 1989. ustln P~nnlng Commission, _, 19 8._~.. Chairman EXHIBIT A CUP 89-30 CONDITIONS OF APPROVAL RESOLUTION NO. 2675 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project dated July 17, 1989 on file with the Community Development Department, as herein modified, or as modified by the Director of Community --' Development in accordance with this Exhibit. 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 approvalI shall become null and void unless all permits are issued within twelve {12) months of the date on this Exhibit. (2) 1.4 The applicant shall provide verification of all required permits from the South Coast Air Quality Management District and Regional Water Quality' Control Board prior to issuance of any permits and installation of any equipment. (1) 1.5 All equipment, fencing, and other improvements shall be removed within i 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. {2) 1.6 The applicant shall provide a written release from the Orange County Health Department prior to issuance of grading permits for 1011 E1 Camino Real to either {1)- verify completion of the clean-up process or; (2) allow grading .... during the clean-up process. P~N SUBI~II-[AL 2.1 At building plan check submittal: (3) A. Construction plans including seismic tie-downs for the trailer, and structural calculations. 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 (2) MEASURE HITIGATION (3) UNIFORN BUILDING CODE/S (4) RESPONSIBLE AGENCY REQUIRF_~ENT *** EXCEPTION (5] PC/CC POLICY Exhlbl t A. Resolution No. 2675 Page two (2) · B. (3) (1) (2) (4) (2) Ce De 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, plans and/or specifications to ensure satisfaction of all Public Works Department requirements including but not limited to: Ze Prior to issuance of any permits or installation of any equipment, the applicant shall obtain an encroachment permit from the Public Works Department for piping under the public right-of-way. 2. Prior to issuance of any permits or installation of any equipment, the applicant shall submit an agreement to abandon pipe system within the public right-of-way, at owners expense, once the system is no longer required, for review and approval by the Director of Public Works and the City Attorney e Any damage done to either site or alley or other public right-of-way shall be repaired and returned to original condition by the applicant. Information to ensure co~llance with all requirements of the Orange County Fire Department pertaining to treatment and handling of flammable, volatile and/or hazardous substances, inc'luding but not limited to the fol lowing: 1. All tanks shall be self-contained in design to accommodate 100% of contents in event of a leak/spill. 2. All dispensing systems shall be secure and meet Fire Marshall standards. 3. All pumps shall be U.L. approved. 4. All equipment and tanks shall maintain a minimum 15 foot setback from the eastern property line of the subject property. 5. The applicant shall provide the following written notifications: a, Anticipated start-up and completion dtes, prior to commencement of operations. b. Actual completion of operations. 6. The applicant shall obtain applicable permits for hazardous ope ra ti on s. 7. The applicant shall file all applicable hazardous material disclosure statements wi th the Fi re and Heal th Departments. Resolution No. 2675 Exhibit A Page three (2) G. The applicant shall perform a 24 hour noise test to verify whether the equipment can comply wi th 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 residents, the applicant shall post a deposit with the City to cover the costs of additional noise testing (the City contracts with the Orange County Health Department for such services). SITE AND BUILDING CONDITIONS 3.1 The site plan shall be modified as follows- (2) A. (2) B. (2) (4) Concrete filled bollards shall be provided at key points around the equipment enclosure to protect said equipment from vehicles subject to approval of the Community Development Department. Revise plans to indicate an eight (8) foot solid wood fence enclosing equipment. Said fence shall be painted to match exist, lng improvements on the subject property. Portions of ..the trailer and tower visible above said fence shall also be painted to match existing improvements on the subject property subject to approval of color by the Community Development Department. C. Note on plans that all openings in the fence enclosure shall be locked. --- FEES ) 4.1 Prior to issuance of any permits to install equipment, the applicant shall pay the fol 1 owl ng fees: A. All plan check and permit fees to the Building Division. B. Encroachment permit fees to the Public Works Department. C. Sewer connections fees, as applicable, to Orange County Sanitation Department. STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN I, PENNI FOLEY, the undersigned, hereby certify that I am the Recording Secretary of theAP]anning Commission of the City of Tustin, California; that Resolution No.~7~ was duly passed a~nd ~dopted at a ~egular meeting of the ~stin Planning Commilss~on, held on the O~~'.day of ~_ ~~~ , 198 -/. - ;' EY Recording Secretary