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HomeMy WebLinkAboutPC RES 3759 RESOLUTION NO. 3759 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 00-029, AUTHORIZING INSTALLATION OF EQUIPMENT FOR THE EXTRACTION AND TREATMENT OF CONTAMINATED SOIL AT 14451 MYFORD ROAD FOR A PERIOD OF FOUR MONTHS The Planning Commission of the City of Tustin does hereby resolve as follows: s I. The Planning Commission finds and determines as follows: A. That a proper application for Conditional Use Permit 00-029 ~0 was filed by Steve Brewer of Camp Dresser and McKee on n behalf of Smith International, Incorporated, requesting to install temporary equipment to extract and treat contaminated ~2 soil at 14451 Myford Road. ~3 B. A public hearing was duly called, noticed and held for said ~4 application on November 14, 2000. That the proposed temporary use is consistent with the Tustin City Code which provides for temporary uses and the General Plan land use designation "Planned CommUnity Commercial/Business" which provides opportunities for a mixture of all those activities permitted within the .Community Commercial, Professional Office and Industrial land use designations. In addition, the project has been reviewed for consistency with the Air Quality Sub-element of the City of Tustin General Plan and has been determined to be consistentwith the Air Quality Sub-element. 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 gene~'al welfare of the persons residing or working in the neighborhood of such proposed use, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin, as evidenced by the following findings: 1) The removal and treatment of contaminated soil from the property located at 14451 Myford Road is a necessary process to remove the contaminates from the soil. Resolution No. 3759 Conditional use Permit 00-029 November 14, 2000 Page 2 2 3 2) The remediation procedures would remove the contaminates from the soil aiding in the prevention of 4 groundwater contamination which benefits the environment and protects the general health, safety, 5 and welfare of the community. 6 ? 3) The installation of extraction and treatment equipment to be located on the subject site is temporary and will s be removed upon completion of the process. The temporary equipment is not located near any 9 residentially zoned property. Potential adverse ~0 impacts related to aesthetic, noise or general safety of the temporary location of the ,equipment will be n mitigated by conditions of approval and through permit issuance and monitoring by the Orange County Health ~2 Care Agency, the Santa Ana Regional Water Quality ~3 Control Board, the South Coast Air Quality Management District and the Orange County Fire ~4 Authority. ]5 4) The proposed temporary use, as conditioned, will not ~6 be detrimental to the~surrounding properties in that placement of the equipment will ensure adequate ~? screening and vehicular/pedestriancirculation. 5) As conditioned, the use will not have a negative effect ~9 on the surrounding property owners, or impact the 20 availability of off-street parking in that the required parking will be satisfied by the off-street parking on- 2~ site. The temporary elimination of seventeen (17) on- site parking spaces would not impact the site or 2~ surrounding properties. 23 6) The proposed temporary use, as conditioned, will not 24 be a detriment to the public, health, safety, welfare and :5 aesthetics of the community since the equipment is temporary and will be removed by March 2001, or by 2s March 2002, if granted an extension by the Community Development Director. 27 2s E. A Negative Declaration has been adopted for this project in accordance with the provisions of the California 2~ Environmental Quality Act. Resolution No. 3759 Conditional use Permit 00-029 November 14, 2000 Page 3 2 3 II. The Planning Commission hereby approves Conditional Use Permit No. 00-029 authorizing the installation of equipment to extract and 4 treat contaminated soil at 14451 Myford Road for a period of four (4) 5 months, subject to the conditions contained within Exhibit A, attached hereto. 6 ? PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting held on the 14th day of November, 2000. ,, ELIZABETH A. BINSACK Planning Commission Secretary ]4 15 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ~6 CITY OF TUSTIN ) I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Recording Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3759 passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 14~ day of 20 NoVember, 2000. 2] ELIZABETH A. BINSACK Planning Commission Secretary 24 26 27 28 29 EXHIBIT A RESOLUTION N0.3759 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 00-029 GENERAL (1) 1.1 The proposed use shall substantially conform with the submitted plans for the project date stamped November 14, 2000, on file with the Community Development Department, except as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The Director of Community Development may also approve minor modifications to plans during plan check if such modifications are to be consistent with the provisions of the Tustin City Code and other applicable codes. (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified or prior to the issuance of any building permits for the project, subject to review and approval by the Community Development Department. (1) 1.3 Approval of Conditional Use Permit 00-029 is contingent upon the applicant signing and returning an "Agreement to Conditions Imposed" form as established by the Director of Community Development. (1) 1.4 The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of a challenge of the City's approval of this project. (1) 1.5 Any violation of any of the conditions imposed is subject to the imposition of a civil penalty of $100.00 for each violation and each day the violation exists. (1) 1.6 The applicant shall be responsible for costs associated with any necessary code enforcement action. (1) 1.7 All conditions of approval in Resolution No. 3061 authorizing CUP92-024 shall continue to apply unless herein modified. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLEAGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *~* EXCEPTION Exhibit A Resolution 3759 November 14, 2000 Page 2 USE RESTRICTIONS (1) 2.1 This Conditional Use Permit shall expire four (4) months from November 14, 2000. The applicant shall remove the temporary excavation equipment by March 2001. Time extensions may be granted by the Community Development Director if a written request is received by the Community Development Department by March 2001. Upon substantial demonstration of need, an extension up to twelve (12) months may be granted subject to review and approval by the Community Development Director. (1) 2.2 All construction activity shall comply with the requirements of the City of Tustin Grading Manual which requires frequent watering of the project site to control dust. (1) 2.3 The applicant shall perform a noise test of the operating equipment to verify whether the equipment can comply with the City's Noise Ordinance requirements for industrial zoned property of 70 dBa at any time. The test shall be performed in the presence of a representative of the City of Tustin Building Division. If the test shows non-compliance, the applicant shall install muffling devices to meet said requirements. PLAN SUBMITTAL (1) 3.1 When submitting plans for a building permit, submit seven (7) sets of construction plans. (3) 3.2 Indicate on the title sheet the applicable codes, City, State and Federal laws and regulations to include: • 1997 Uniform Building Code with California Amendments; • California Title 24 Accessibility Regulations; • City Ordinances; and, • State and Federal laws and regulations. (1) 3.3 Prior to permit issuance, clearances from the following will be required: Santa Ana Water Quality Control Board, Orange County Health Department, Orange County Fire Authority, South Coast Air Quality Management District, and the State Department of Occupational Safety and Health. (2) 3.4 All site drainage shall be handled on-site and shall not be permitted to drain onto adjacent properties. Exhibit A Resolution 3759 November 14, 2000 Page 3 (2) 3.5 A note shall be provided on the final plans that a six (6) foot-high chain link fence with an opaque windscreen shall surround the entire work area including the excavation area, storage area and storage bins. (2) 3.6 A corrective action plan for soil remediation on the site that describes and justifies the proposed remediation, approved by the Santa Ana Regional Water Quality Control Board (SARWQCB) shall be submitted to the Community Development Department prior to issuance of building permits. (2) 3.7 The applicant shall provide to SARWQCB a report on the findings of the most recent soil samples collected. These findings will allow SARWQCB to evaluate the levels of hydrocarbons and ground water contamination found on the site. (2) 3.8 A vapor risk assessment that evaluates the potential health risks, to the occupants of the proposed buildings, posed by any residual subsurface contamination at the subject site shall be submitted to and approved by the SARWQCB or Orang County Health Care Agency (OCHCA), with approved copies of such assessment provided to the Community Development Department. (2) 3.9 All contaminated material being transported shall be manifested and may only be carried by a wastehauler licensed to transport the material being hauled. A copy of the appropriate wastehauler permit must be provided to the City prior to transportation of hazardous material off-site. Excavation and 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. (2) 3.10 All necessary precautions and preventive measures shall be in place in order to prevent material from being washed away by surface waters or blown by wind. These controls shall include at a minimum: Regular wetting of surface or other similar wind control method, installation of straw or fiber mats to prevent rain related erosion. Detention basin(s) or other appropriatelysized barrierto surface flow must be installed at the discharge point(s) of drainage from the site. Any water collected from these controls shall be appropriatelydisposed of at a disposal site. These measures shall be added as general notes on the site plan and a statement added that the operator is responsible for ensuring that these measures continue to be effective during the duration of the project. Exhibit A Resolution 3759 November 14, 2000 Page 4 (2) 3.11 All necessary precautions and preventive measures to prevent the flow of water, including groundwater, from entering the hazardous material and excavation shall be implemented. Such measures may include berms, cofferdams, seal course concrete surface flow diversion or any combination thereof. These measures shall be added as general notes on the site plan and a statement added that the operator is responsible for ensuring that these measures continue to be effective during the duration of the project. (2) 3.12 Appropriate controls shall be installed to prevent all materials from being tracked off-site by vehicles or other means. These controls may include gravel exits or wash-down areas. Any materials tracked off-site must be removed as soon as possible, but no later than the end of the operation day. This material shall be disposed of at an appropriate disposal site. These measures shall be added as general notes on the site plan and a statement added that the operator is responsible for ensuring that these measures continue to be effective during the duration of the project. (2) 3.13 Any NPDES Permit or other discharge permit for operations at this site must be provided to the City prior to any discharge from this site. FIRE (1) 4.1 Prior to the issuance of building permits the applicant shall submit to the Fire Chief a list of the quantities of all hazardous, flammable and combustible materials, liquids or gases. These liquids and materials are to be classified according to the "Orange County Fire Authority Chemical Classification Handout". The submittal shall provide a summary sheet listing each hazard class, the total quantity of chemicals stored per class and the total quantity of chemicals used in that class. All forms of materials are to be converted to units of measure in pounds, gallons and cubic feet. (1) 4.2 Prior to the issuance of any building permits, the applicant shall contact the Orange County Fire Authority Hazardous Materials Disclosure Office at (714) 744-0463 to obtain a "Hazardous Materials Business Information and Chemical Inventory Packet". This shall be completed and submitted to the Fire Chief before the issuance of any building permits. (1) 4.3 If applicable, prior to the installation of above ground/underground tanks, plans shall be submitted to the Fire Chief for review and approval. (1) 4.4 The applicant shall be required to comply with all requirements of the Orange County Fire Authority. Such compliance shall be verified during the plan check process prior to the issuance of any permits and installation of equipment. Exhibit A Resolution 3759 November 14, 2000 Page 5 OUTSIDE AGENCIES (1) 5.1 The applicant shall obtain all necessary permits and comply with all conditions set by the South Coast Air Quality Management District (SCAQMD), related to the operation, installation and monitoring of the subject project and equipment. (1) 5.2 The applicant shall obtain all necessary permits and approvals, if applicable, from the SARWQCB and Orange County Health Care Agency related to the operation, installation and monitoring of the subject project and equipment. FEES (1) 6.1 Prior to issuance of any building permits, payment shall be made of all applicable fees, including but not limited to the following. Payment shall be required based upon those rates in effect at the time of payment and are subject to change. a. Building plan check and permit fees to the Community Development Department based on the most current schedule. b. Orange County Fire Authority plan check and inspection fees to the Community Development Department based upon the most current schedule. (1) 6.2 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 $43.00 (forty-three dollars) 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.