Loading...
HomeMy WebLinkAboutZAA 11-009 535 E. MAIN ST.ZONING ADMINISTRATOR ACTION 11-009 CONDITIONAt_ USE PERMIT 2011-18 535 E. MAIN STREET The Zoning Administrator of the City of Tustin does hereby resolve as follows: The Zoning Administrator finds and determines as follows: A. That a proper application for Conditional Use Permit 2011-18 was filed by The Reynolds Group, requesting authorization to install and operate a temporary ground water extraction and treatment system to remove contamination from the ground water at 535 E. Main Street; B. That the site is zoned Central Commercial with Combining Parking (C-2) and is designated by the General Plan as Planned Community CommerciallBusiness which allows for installation of temporary treatment facility with the approval of a conditional use permit. C. That the project has been determined to be consistent with the Air Quality Sub-element of the City of Tustin General Plan in that Goal 3 of the Sub- element encourages the minimization of particulate emissions D. That in accordance with TCC Section 9299b(4)(a), the Zoning Administrator is authorized to consider specified development applications for soil remediation activities; E. That a public hearing was duly called, noticed, and held on said application on November 14, 2011, by the Zoning Administrator. F. That the 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 be a detriment to the property and improvements in the neighborhood of the subject property, nor to the general welfare of the City of Tustin as evidenced by the following findings: 1) The proposed placement and operation of the ground water extraction and treatment system is necessary to facilitate ground water remediation as required by the Orange County Health Care Agency (OCNCA) and Santa Ana Regional Water Quality Board (SARWQCB), 2) The installation and operation of groundwater extraction and treatment equipment would be temporary for a period up to two (2) years and will be removed and the site restored at that time or earlier upon completion of the process. Zoning Administrator Action 11-009 Conditional Use Permit 2011-18 Page 2 3) Removing contaminates from the groundwater would benefit the environment and protect the health, safety, morals, comfort, and general welfare of persons residing or working in the neighborhood and improve the condition of the property. 4) The temporary equipment is located at the interior of the site and is screened from view. The location of the equipment would allow existing on-site commercial uses to remain in business during the use of the remediation equipment. 5) The equipment is required to comply with the Tustin Noise Ordinance. As conditioned, the noise levels may be verified prior to final inspection and the applicant may be required to install sound insulation materials as deemed necessary by the Community Development Director. 6) The equipment is required to comply with the Tustin Noise Ordinance. As conditioned, the noise levels may be verified prior to final inspection and the applicant required to install sound insulation materials as deemed necessary by the Community Development Director. 7) As conditioned, the use would be approved and monitored by the City of Tustin, Orange County Health Care Agency, Santa Ana Regional Water Quality Board, and the South Coast Air Quality Management District and any other required agencies. G. That this project is categorically exempt pursuant to Section 15330, (Class 30) of Title 14, Chapter 3 of the California Cade of Regulations (Guidelines for the California Environmental Quality Act). II. The Zoning Administrator hereby approves Conditional Use Permit No. 2011-18 authorizing the installation and operation of a temporary ground water extraction and treatment system at 535 E. Main Street, subject to the conditions contained within Exhibit A attached hereto. PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular meeting held an the 14t" day of November, 2011. DANA L. OGDON ACTING ZONING ADMINISTRATOR ADRIANNE DiLEVA RECORDING SECRETARY Zoning Administrator Action 11-009 Conditional Use Permit 2011-18 Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ADRIANNE DiLEVA, the undersigned, hereby certify that I am the Recording Secretary of the Zoning Administrator of the City of Tustin, California; that Zoning Administrator Action No. 11-009 passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 14t" day of November, 2011. r} ADRIANNE DiLEVA RECORDING SECRETARY EXHIBIT A CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 2011-18 535 E. MAIN STREET GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped November 14, 2011, on file with the Community Development Department, as herein modified, or as modified by the Community Development Director in accordance with this Exhibit. The Director may also approve subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code or other applicable regulations. (1) 1.2 All conditions in this Exhibit shall be complied with subject to review and approval by the Community Development Department. (1) 1.3 The subject project approval shall become null and void unless permits for the proposed project are issued and substantial construction is underway within twelve (12) months of the date of this Exhibit. Time extensions may be considered if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.4 Approval of Conditional Use Permit 2011-18 is contingent upon the applicant and property owner signing and returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and the property owner signing and recording with the County Clerk-Recorder a notarized "Notice of Discretionary Permit Approval and Conditions of Approval" form. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. (1) 1.5 Any violation of any of the conditions imposed is subject to the issuance of an administrative citation pursuant to Section 1162(a) of the Tustin City Code. (1) 1.6 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. SOURCE CODES (1) STANDARD CONDITION (5} RESPONSIBLE AGENCY REQUIREMENTS (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODEJS (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTIONS Zoning Administrator Action 11-009 Conditional Use Permit 2011-18 Exhibit A Page 2 (1) 1.7 Conditional Use Permit 2011-18 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director. The Community Development Director shall review the use to ascertain compliance with conditions of approval. If the use is not operated in accordance with Conditional Use Permit 2011-18, or is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, the Community Development Director shall impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the Conditional Use Permit. (1) 1.8 As a condition of approval of Conditional Use Permit 2011-18, the applicant shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, the Planning Commission, or any other decision-making body, including staff, concerning this project. The City agrees to promptly notify the applicant of any such claim or action. The City may, at its sole cost and expense, elect to participate in defense of any such action under this condition. USE RESTRICTIONS (1) 2.1 Prior to final inspection, the Community Development Department may obtain a decibel reading of the groundwater remediation equipment to evaluate that the equipment produces no more than 60 decibels of noise in compliance with Tustin City Code Section 4614. If the reading determines that noise thresholds are exceeded, the Community Development Director may require the applicant to provide mitigation measures and install sound insulation materials. The applicant shall bear all associated costs. (1) 2.2 The entire remediation system, including storage drums and equipment, shall be located entirely within the enclosure with the gates closed. Plans submitted for plan check must indicate that vinyl slats shall be inserted into the chain link fence enclosure. (1) 2.3 Contaminated material may not leave the site except as described in the conditions contained within this exhibit. All necessary precautions and preventive measures shall be in place to prevent contaminated material from being washed away by surface waters or blown by wind. These controls shall be in accordance with Air Quality Management District Rule 1166. (1) 2.4 No outdoor storage shall be permitted except as approved by the Community Development Director. Zoning Administrator Action 11-009 Conditional Use Permit 2011-18 Exhibit A Page 3 {1) 2.5 Conditional Use Permit 2011-18 is valid for twenty-four (24) months, until November 14, 2013. The applicant may request that the Community Development Director extend the permit expiration date if remediation activities are shown to require longer than anticipated. (1) 2.6 At the completion of the remediation or expiration of the permit, whichever comes first, the enclosure and equipment shall be removed and the site must be returned to its original condition. (1) 2.7 Upon completion of site remediation, all groundwater extraction equipment, and monitoring wells must be terminated in a manner acceptable to the satisfaction of the South Coast Air Quality Management District (SCAQMD) and the Orange County Health Care Agency (OCHCA). (1) 2.8 The project proponent is responsible for continuous monitoring of the condition of the equipment enclosure and must make repairs whenever damage, deterioration, vandalism, or debris accumulation is apparent or within two (2) days upon notification from the City that such repairs are required. The project proponent shall ensure that repair(s) to the equipment enclosure are completed. so that all components thereof are uniform in color and material. BUILDING DIVISION {1) 3.1 At the time of building permit application, the plans shall comply with the 2010 Edition State and the City of Tustin adopted codes: California Building Code, California Electrical Code, California Plumbing Code, City Ordinances, and State and Federal laws and regulations. (1) 3.2 Building, electrical and plumbing permits are required for the proposed work. PUBLIC WORKS ENGINEERING (1) 4.1 During the life of the project, the project proponent will be required to repair any damage that the project causes to existing street improvements and/or utilities to the satisfaction of the City Engineer. (1) 4.2 Prior to issuance of a temporary power pole permit, the project proponent shall obtain an address for the electrical meter from the Public Works Engineering Division. (1) 4.3 If applicable, prior to any work in the public right-of-way an Encroachment Permit from the Public Works Engineering Division is required. Zoning Administrator Action 11-009 Conditional Use Permit 2011-18 Exhibit A Page 4 OUTSIDE AGENCIES (5) 5.1 The applicant shall obtain all necessary permits from the SCAQMD, OGHCA, and Orange County Fire Authority (OCFA) related to the operation, installation, and monitoring of the subject site and equipment. (5) 5.2 The applicant shall obtain all necessary permits from the Orange County Sanitation District {OCSD) and OCHCA prior to the disposal of purified groundwater into the sanitary sewer system. (5) 5.3 Prior to the issuance of a building permit, the project proponent shall submit plans to the OCFA for review and approval of the remediation system. As part of the approval process, the project proponent shall comply with the OCFA "Guidelines for Completing Chemical Classification Packets" which is available on the OCFA website. (5) 5.4 The applicant shall obtain all necessary clearances from the State Department of Occupational Safety and Health Administration. (5) 5.5 If applicable, all contaminated material being transported must be manifested and may only be carried by a waste hauler licensed to transport the material being hauled. A copy of the appropriate waste hauler permit shall be provided to the City prior to transportation of hazardous material off- site. Transportation of contaminated material and hazardous materials shall be in accordance with the regulations of the following agencies: • United States Department of Transportation; • United States Environmental Protection Agency; • California Environmental Protection Agency; and, • California Division of Occupational Safety and Health Administration. FEES (2) 6.1 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 fifty dollars ($50.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period that applicant has not delivered to the Community Development Department the above-noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened.