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Home My WebLink AboutZAA 15-008ZONING T T -008 CONDITIONAL USE PERMIT 2015-08 13872 RED HILL AVENUE The Zoning Administrator of the City of Tustin does hereby resolve as follows: The Zoning Administrator finds and determines as follow. 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 rernediation treatment system to remove contamination from the groundwater at 13872 Red Hill Avenue; That a public hearing was duly called, noticed, and held on said application on July 6, 2015, by the Zoning Administrator; and The installation and operation of groundwater ozone sparge and soil treatment equipment would be temporary for a period up to throe 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 1 - 2e 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. The temporary equipment is located at the interior of the site and i 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 name levels may be verified prior to find 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 none levels may be verified prior to incl inspection and the applicant required to install sound insulationin ectior and the applicant required to install 11 pound materials as deemed necessary by the Community Development Director. 7 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 2t .;! Title.€ �`t r f tl' lif e i ie 'Code fRegulations (Guidelines for the California Environmental Quality Act). IL The Zoning Administrator hereby approves CUP No. 2015-03 authorizing the installation and operation of a temporary groundwater ozone sparge and soil vapor extraction rernedi tion 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, �g ELIZABETH A. BINSACK,. ZONING ADMINISTRATOR Zoning Administrator Action 15-008 Conditional Use Permit 2015-08 Page 3 STATE OF CALIFORNIA COUNTY OF ORANGE : CITY OF TTIN 1, 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 6 th day of July, 2015, EXHIBIT A CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 2015-08 13872 RED HILL AVENUE 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. '01 IRCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENTS (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW EXCEPTIONS USE RESTRICTIONS (1) 12 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. 1 16 The property owner shall notify affected easement holders of temporary construction activities in any easement area at least ten {13} days prior t commencement of construction in the easement area. 1 j 2.8 Contaminated material may not leave the site except as described in Condition 5.6. All necessary precautions and preventive measures shall b 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 116& DIVISIONBUILDING 1 3.1 At plan check submittal, rote where all system audible alarms will b monitored from and who will be responding. 3.2 Obtain all nec- sar% €as€ cddin n r� ® sits fresm Tustin BuildingDi aisi n ri # beginning work. PUBLIC 1 .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 the City Engineer. 1 .2 prior to issuance of a temporary power pole permit, the project proponent shall obtain ars address for the electrical raster from the Public Works Engineering Division, (1) 4.3 Construction and Demolition Waste Recycling and Reduction Plan k1 . The applicant/contractor is required to submit a WRRP "LO the Public Works Department, The WRRP must indicate how the applicant will comply with the City's requirement (City Code Section 4351; et l) t recycle at least 50 percent of the project waste material. Zoning Administrator Action 15-008 Conditional Use Permit 2015-08 Exhibit Page B. The applicant will be required t submit a $50.00 application fee and a cash security deposit. Based on the review of the submifted Waste Management Plan, the cash security deposit will be determined by the Public Works partment in an amount not to exceed 5 percent of the project's valuation. C. Friar to issuance f a building permit, the applicant shall submit the required security deposit in the fora of cash, cashier's check, personal check, or money y order made payable to the "City of Tustin". AGENCIESOUTSIDE (5) 5.1 The applicant shall obtain all necessary permits from the South Coast Air Quality Management District (SCAB ), related to th. operation, installation, and monitoring f the subject site and equipment. The applicant shall obtain all necessary permits from the Orange County Sanitation [district and OCHCA prior to the disposal of purified groundwater into the sanitary sewer system. 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 360 (Vapor Recovery Review) for review and approval. 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 CICS "Guidelines for C rnDl Lina Chemical Classification Packets" which i available on the OCFA website. • United States Department of Transportation, • United Statesnviror mental Protection Agency; • California Environmental Protection Agency-, and, • California Division of Occupational Safety and Health Administration. Zoning Administrator Action 15-008 Conditional Use Permit 2O15 -O8 Exhibit Page 5 RM