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HomeMy WebLinkAbout02 ZA AGENDA REPORT CUP 2015-08 GROUNDWATER REMEDIATION♦�Y OAG NDA R PORT ITEM #2 sT� DATE: JULY 63 2015 TO: ZONING ADMINISTRATOR FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CONDITIONAL USE PERMIT 2015-08 APPLICANT: REX ABACAN CIRCLE K STORES, INC. 255 EAST RINCON, SUITE 100 CORONA, CA 92879 LOCATION: 13872 RED HILL AVENUE PROPERTY OWNER: HOWARD ABEL MAYFLOWER PROPERTIES LP 7 ISLAND VISTA NEWPORT BEACH, CA 92657 GENERAL PLAN: COMMUNITY COMMERCIAL (CC) ZONING: CENTRAL COMMERCIAL (C2) ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 30) PURSUANT TO SECTION 15330 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. REQUEST: TO INSTALL AND OPERATE A TEMPORARY GROUNDWATER OZONE SPARGE AND SOIL VAPOR EXTRACTION REMEDIATION TREATMENT SYSTEM WITHIN THE PARKING LOT OF A SERVICE STATION AT 13872 RED HILL AVENUE. APPROVAL CRITERIA: SECTION 9299b(4)(a) OF THE TUSTIN CITY CODE ALLOWS THE ZONING ADMINISTRATOR TO CONSIDER THE PROJECT. Zoning Administrator July 6, 2015 CUP 2015-08 Page 2 RECOMMENDATION That the Zoning Administrator adopt Zoning Administrator Action (ZAA) No. 15-008 approving Conditional Use Permit (CUP) 2015-08 to install and operate a temporary groundwater ozone sparge and soil vapor extraction remediation treatment system within the parking lot of the property located at 13872 Red Hill Avenue. BACKGROUND Site and Surroundings The project site is located at the southeast corner of EI Camino Real and Red Hill Avenue. The site is improved with an existing service station. The uses on the adjacent properties include a service station and car wash to the north and various retail and restaurant uses to the east, south, and west. Figure 1. Surrounding Zoning Project Description This request is for the installation and operation a soil vapor extraction and groundwater ozone sparge treatment system at the existing Mobile (formerly Exxon Mobil) gasoline station. The proposed remediation system would include askid-mounted SVE System, ozone sparge trailer, associated well manifolds, and would be enclosed by a six (6) foot tall chain link fence with three (3) inch wide privacy slats. The system would occupy one parking space in the south corner of the property, which is also the back corner of the property and furthest away from the public right-of-way. The equipment is not highly Zoning Administrator July 6, 2015 CUP 2015-08 Page 3 visible from the public street as it is located at the interior of the site behind the existing building. The applicant is requesting to operate the ground water remediation system for three (3) years. Per Condition 2.1 of proposed ZAA 15-008, the installation would need to be removed and the site restored to the original condition at the end of three (3) years or upon completion of the remediation process, whichever occurs first. Requests to extend the duration of the operation would require approval of the Community Development Director. Pursuant to TCC Section 9299(b)(4)(a), the Zoning Administrator is authorized to consider specified development applications for conditional use permits for soil remediation activities. DISCUSSION The applicant is proposing a temporary groundwater treatment and soil vapor extraction remediation system within the parking lot of the subject property. The location of the proposed facility would temporarily occupy one (1) existing parking stall and would be located at the rear corner of the property. Extraction wells currently exist on-site and existing wells will be used for the subject remediation activities. In December 2014, six (6) ozone sparge points and two (2) additional SVE wells were installed at the site. This project includes trenching, the connection of the ozone and SVE wells to individual conveyance lines, the construction of a new remediation compound, and the connection and electrical hookup of the proposed SVE and ozone remediation systems. Drilling or boring will not occur in association with the project. REMEDIAL ENCLOSURE Approx►mato Scala I inch s 2, 5 feet 35 5!S Figure 2. Proposed Facility o HAZARD INFORMATION E { CENTER 's SKID -MOUNTED �, OZONE SVE SPARGE SYSTEM TRAILER 0 OZONE 0 SPARGE 0 2'DoarPanels WELL 0 ' SVE WELL MANIFOLD MANIFOLDO i 0000000 v' ------------------------------------------ GATE Approx►mato Scala I inch s 2, 5 feet 35 5!S Figure 2. Proposed Facility Zoning Administrator July 6, 2015 CUP 2015-08 Page 4 Equipment would consist of askid-mounted SVE System, ozone sparge trailer, associated well manifolds, and would be enclosed by a six (6) foot tall chain link fence with three (3) inch wide vinyl privacy slats. The facility will not be readily visible from Red Hill Avenue or EI Camino Real because it is obstructed by the snack shop and mobile service building. Furthermore, the facility would be located in an opaque fenced enclosure that would serve to screen the facility. Noise The City's noise ordinance limits exterior noise at all commercial properties to 60 dB(A) at any time. A condition of approval has been included (Condition 2.3) which requires the applicant to verify that it produces no more than 60 decibels of noise. The project site is surrounded by other commercial uses and no residential uses abut the project site. There are no noise impacts to residential uses anticipated. Environmental Analysis Pursuant to Section 15330 (Class 30) of the Guidelines to the California Environmental Quality Act (CEQA), minor cleanup actions taken to prevent, minimize, stabilize, mitigate, or eliminate the release or threat of release of hazardous waste or hazardous substances which are small actions costing $1 million or less are categorically exempt from the provisions of CEQA. The exemption specifically includes construction of interim ground water treatment systems. Since gasoline impact at the subject site is not significant, the applicant estimates the cleanup cost at no more than $500,000. ANALYSIS In determining whether to approve the CUP for the proposed temporary groundwater and soil remediation facility, the Zoning Administrator must determine whether or not the proposed use will be detrimental to the health, safety, morals, comfort, and general welfare of the persons residing in or working in the neighborhood or whether it will be injurious or detrimental to property or improvements in the vicinity or to the welfare of the City. A decision to approve this request as conditioned may be supported by the following findings: 1) The proposed placement and operation of the groundwater extraction and soil treatment systems are necessary to facilitate groundwater and soil remediation as required by the Orange County Health Care Agency (OCHCA) and Santa Ana Regional Water Quality Board (SARWQCB). 2) The installation and operation of groundwater extraction and soil treatment equipment would be temporary for a period up to three (3) years and will be removed and the site restored at that time or earlier upon completion of the process. Zoning Administrator July 6, 2015 CUP 2015-08 Page 5 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) As conditioned, the use would be reviewed 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. 7) The proposed project is a minor cleanup action taken to mitigate the release of hazardous waste or substance through on-site treatment of contaminated groundwater and is therefore categorically exempt from the provisions of the CEQA pursuant to Section 15330 (Class 30) of the CEQA Guidelines. Samantha Beier Assistant Planner Attachments: A - Location Map B - Submitted Plans C - Zoning Administrator Action No. 15-008 IK colluaft, LOCATION MAP CUP 2015m08 13872 RED HILL AVENUE PROJECT SITE It"CoN om ... ....... ... t: W -v Wwft,) O.9 0, vew I & All owl ....... ....... - �I z W Oz j �- LLI 0 C W y_ w0-�w w T ` �U N u T � J T 6 O�' a f 00 M M O F co I 00 C14 y G >W cn o OU UNN � rr UmrOOi� T yR C U L m OU g z 00000 00 ❑ ❑oma Uj W J ~ z0�0W NLLJ O W =0 U Q z 0 z T WW ix z (.DW _N /C R , Ja. N � � , L a r` , N , , , , , , N , , , , , , , , �a W , , , , , F-40 — ----- , , , , W 1— z J , 0 LL. W W 0 z 0Z6 ' �> Q0 20 -.j JO v� LU 0 �:: O W W co(.I7 LU W U W o v � to •- a� Lo N u, E •X = N V o % Q r I N �O L LoZ Z_ _c H LL1 o uj Q�f-- > n tli ❑ LLI J PJ W W 'LLI „ c <{ r �3 Oz M N i. M N _ LLJ4)w ENit00 0) _ �10 C'4 6- 0 4t _cl m> _ k W O W V A N = L O _ A Q 1 00 y rLU i3 3 Ci) W v0 v z ix M LLI W Lu uj �` Ts O N O -- Z 0 u, u� 0 N 0 O cn F— o �Q x cri r s --------- C4 N 04 W N t tli J ui Q tJ� UJ > w �_ wCc N ZG N M W Q oza x= X a. OU I �O N ui O ° .- L 2 j Q LZ. '. O Q 'r UJ Z 1 W i CD 10 - i ZONING ADMINISTRATOR ACTION 15-008 CONDITIONAL USE PERMIT 2015-08 13872 RED HILL AVENUE The Zoning Administrator of the City of Tustin does hereby resolve as follows: I. The Zoning Administrator finds and determines as follows: A. That a proper application for Conditional Use Permit (CUP) 2015-08 was filed by Circle K Stores, Inc., requesting authorization to install and operate a temporary groundwater ozone sparge and soil vapor extraction remediation treatment system to remove contamination from the groundwater at 13872 Red Hill Avenue; B. That the site is zoned Central Commercial (C-2) and is designated by the General Plan as Community Commercial which allows for installation of temporary treatment facility with the approval of a CUP; 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 Tustin City Code 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 July 6, 2015, by the Zoning Administrator; and 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 nnr he n detriment to the rmmner x 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 groundwater ozone sparge and soil treatment system is necessary to facilitate groundwater and soil remediation as required by the Orange County Health Care Agency (OCHCA) and Santa Ana Regional Water Quality Board (SARWQCB). 2) The installation and operation of groundwater ozone sparge and soil treatment equipment would be temporary for a period up to three (3) years and will be removed and the site restored at that time or earlier upon completion of the process. Zoning Administrator Action 15-008 Conditional Use Permit 2015-08 Page 2 3) Removing contaminates from the groundwater and soil 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 reviewed 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 Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Zoning Administrator hereby approves CUP No. 2015-08 authorizing the installation and operation of a temporary groundwater ozone sparge and soil vapor extraction remediation treatment system for three (3) years at 13872 Red Hill Avenue, 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 on the 6t" day of July, 2015. ELIZABETH A. BINSACK ZONING ADMINISTRATOR /ERA TISCARENO RECORDING SECRETARY Zoning Administrator Action 15-008 Conditional Use Permit 2015-08 Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, VERA TISCARENO, 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. 15-008 passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 6t" day of July, 2015. VERA TISCARENO RECORDING SECRETARY GENERAL EXHIBIT A CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 2015-08 13872 RED HILL AVENUE The proposed project shall substantially conform to the submitted plans for the project date stamped July 6, 2015, 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 (CUP) 2015-08 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 (TCC). (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 CODES (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTIONS Zoning Administrator Action 15-008 Conditional Use Permit 2015-08 Exhibit A Page 2 (1) 1.7 CUP 2015-08 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 CUP 2015-08, 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 CUP. (1) 1.8 As a condition of approval of CUP 2015-08, 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 The enclosure and all associated equipment shall be removed no later than thirty-six (36) months from the date of approval of CUP 2015-08, or upon completion of the remediation process pursuant to clearance from the Orange County Health Care Agency (OCHCA), whichever comes first. The property owner shall provide the Community Development Director with the most current soil remediation status report prepared for OCHCA. The Community Development Director may grant time extensions if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 2.2 The entire remediation system, including storage drums and equipment, shall be located entirely within the enclosure with the gates closed. (1) 2.3 Prior to final inspection of the equipment, the applicant shall obtain a decibel reading of the soil 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 provide mitigation measures and install additional sound insulation materials. The applicant shall bear all associated costs. (1) 2.4 All necessary precautions and preventive measures such as Best Management Practices shall be implemented to prevent the flow of contaminated water off-site. Contaminated water includes any water from leaking wells or soil laden water from on-site construction activity. Zoning Administrator Action 15-008 Conditional Use Permit 2015-08 Exhibit A Page 3 (1) 2.5 The extraction wells shall be installed to be flush with the surrounding grade so as not to disrupt pedestrian or vehicular access. (1) 2.6 The property owner shall notify affected easement holders of temporary construction activities in any easement area at least ten (10) days prior to commencement of construction in the easement area. (1) 2.7 Upon abandonment and filling of the extraction wells as required by OCHCA Hazardous Materials Division, the surface at grade level shall be replaced and restored to the original condition. Upon removal of the equipment at the rear of the building, the asphalt shall be replaced if necessary, the parking stalls along the rear of the building shall be restriped to meet current Tustin City Code requirements, and the site restored to its original condition, subject to final inspection by the Community Development Department. (1) 2.8 Contaminated material may not leave the site except as described in Condition 5.6. All necessary precautions and preventive measures shall be in place to prevent material from being washed away by surface waters or blown by wind. These controls shall be in accordance with AQMD Rule 1166. BUILDING DIVISION (1) 3.1 At plan check submittal, note where all system audible alarms will be monitored from and who will be responding. (1) 3.2 Obtain all necessary building permits from Tustin Building Division prior to beginning 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 Construction and Demolition Waste Recycling and Reduction Plan (WRRP). A. The applicant/contractor is required to submit a WRRP to the Public Works Department. The WRRP must indicate how the applicant will comply with the City's requirement (City Code Section 4351, et al) to recycle at least 50 percent of the project waste material. Zoning Administrator Action 15-008 Conditional Use Permit 2015-08 Exhibit A Page 4 B. The applicant will be required to submit a $50.00 application fee and a cash security deposit. Based on the review of the submitted Waste Management Plan, the cash security deposit will be determined by the Public Works Department in an amount not to exceed 5 percent of the project's valuation. C. Prior to issuance of a building permit, the applicant shall submit the required security deposit in the form of cash, cashier's check, personal check, or money order made payable to the "City of Tustin". OUTSIDE AGENCIES (5) 5.1 The applicant shall obtain all necessary permits from the South Coast Air Quality Management District (SCAQMD), 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 any permits or approvals, the applicant shall submit to the Fire Chief a plan of the vapor recovery system under Service Code PR360 (Vapor Recovery Review) for review and approval. (5) 5.4 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) 5.5 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. Zoning Administrator Action 15-008 Conditional Use Permit 2015-08 Exhibit A Page 5 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.