HomeMy WebLinkAbout02 CUP 04-017Report to the
Planning Commission
DATE: JUNE 14, 2004
SUBJECT: CONDITIONAL USE PERMIT 04-017
APPLICANT: ARB INC.
ITEM #2
ATTN: MICHAEL RUNZA
26000 COMMERCENTER DRIVE
LAKE FOREST, CA 92630
PROPERTY
OWNER: AAE PACIFIC PARK ASSOCIATES, LLC
LOCATION: VACANT PROPERTY NORTH OF VALENCIA AVENUE BETWEEN
THE STATE ROUTE 55 FREEWAY AND DEL AMO AVENUE
ZONING: PLANNED COMMUNITY INDUSTRIAL (PC -IND)
ENVIRONMENTAL
STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT PURSUANT TO
SECTION 15304 (CLASS 4) OF THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT.
REQUEST: AUTHORIZATION TO TEMPORARILY STORE CONSTRUCTION
MATERIALS AND EQUIPMENT ON VACANT LOTS FOR UP TO
EIGHTEEN (18) MONTHS FOR A REGIONAL WATER AND
SEWER LINE IMPROVEMENT PROJECT
RECOMMENDATION
That the Planning Commission adopt Resolution No. 3917 approving Conditional Use
Permit 04-017.
BACKGROUND
A request by ARB Incorporated, a construction company, to utilize 4.41 acres of 22.47
acres of three vacant properties for the storage of soil/backfill material, pipe, trucks,
construction equipment, and four (4) construction trailers provided with electricity from a
temporary power pole. The storage would support construction activities for region -wide
sanitary sewer and City water line improvements that are currently under construction. The
vacant properties are located north of Valencia Avenue between the State Route 55
Freeway and Del Amo Avenue and have temporarily been assigned an address of 1151Y2
Valencia Avenue for temporary power pole permitting purposes. The project is located in
the "Office Center' designation of the Pacific Center East Specific Plan which defers to the
Tustin City Code (TCC) for temporary uses. The construction yard currently is operating
Zoning Administrator Report
Conditional Use Permit 04-017
June 14, 2004
Page 2
on the property under a 30 -day temporary use permit issued by the Community
Development Department under authority granted by Tustin City Code (TCC) Section
9270(c). The applicant is requesting approval to use the property as a construction yard
for an additional eighteen (18) months. Pursuant to TCC Section 9270(b), temporary uses
exceeding 30 days in duration require a conditional use permit subject to the approval of
the Planning Commission.
SITE AND SURROUNDING PROPERTIES
The 16.69, 1.35, and 4.43 acre properties are vacant and located north of Valencia Avenue
between the State Route 55 Freeway and Del Amo Avenue (see Location Map). An office
and manufacturing building exists across Valencia Avenue to the south, offices exist across
Del Amo Avenue to the east, vacant land exists to the north, and the State Route 55
Freeway exists to the west. The City has recently completed right-of-way acquisitions to
extend Newport Avenue and to relocate the Edinger Avenue off ramp for the State Route
55 Freeway. Both rights-of-way are over the west and east edges of the properties.
However, since the construction yard occupies a 400 by 480 foot rectangular portion
between the three properties, the Public Works Department has confirmed that it will be out
of the way of the future right-of-way improvements. Condition 1.1 requires the applicant to
submit plans accurately showing that the yard is located out of the right-of-way and
associated future right-of-way construction easement. Condition 4.3 requires that access
to the construction yard occur from Valencia Avenue.
DISCUSSION
ARB, Incorporated has a contract with the Orange County Sanitation District to replace
existing water and sewer lines in multiple locations throughout the City and surrounding
County. The proposed 4.41 acre location would be used for 18 months to store
soil/backfill material, pipe, trucks, construction equipment, and four (4) construction
trailers in association with the improvements. As was required in association with the 30
day Temporary Use Permit issued by the Planning Division for the site, the construction
yard currently has mitigation measures and Best Management Practices (BMPs) in place
to ensure that soil, hazardous materials, and particulate -laden water will be prevented from
causing erosion or flowing off-site into the storm drain, such as:
• A chain link fence covered by a green nylon material that screens the view of the
yard;
• Gravel placed on all unpaved surfaces where trucks travel on-site to reduce mud
and soil from being carried onto the street;
• A wheel carriage at the site entrance to knock soil off of vehicle wheels before they
reach the street; and,
• Sandbags placed around dirt and asphalt storage areas to reduce soil from
depositing into the storm drain.
Zoning Administrator Report
Conditional Use Permit 04-017
June 14, 2004
Page 3
Additional BMPs are required by Condition 5.1 to prevent particulate -laden water from
flowing off-site and reaching a storm drain, to ensure that fleet vehicles and equipment are
maintained so that oil and fuel leaks can be prevented, and to prevent vehicle fueling spills.
Hours of Operation and Noise
As stated in Condition 2.3, the hours of operation and noise regulations would be in
accordance with Encroachment Permit Nos. 3887, 3888, and 3895 issued for City-wide
sanitary sewer and water line improvements. The City and regional water and sewer line
improvements are in multiple locations which have different traffic patterns and are
adjacent to different land uses. Construction hours are set based on traffic and land uses
for a given area; for example, construction that will be occurring along EI Camino Real in
Old Town will be occurring at night when businesses are closed and when street traffic is in
low volume. Because the hours and days of operation for the improvements are set by
survey reports incorporated into the encroachment permits, the construction storage yard
has the potential to always be open during the term of CUP 04-017 as long as it is
supporting approved water or sewer line improvements. This includes night and weekend
hours when permitted by the respective encroachment permit. Construction activity for
public improvements in the public right-of-way is exempt from the construction hour
limitations of the noise ordinance so that improvements may be completed in the most
expeditious manner and during the least disruptive times. The construction storage yard is
located on property that mitigates disruption to adjacent land uses caused by hauling
operations and associated noise because it is buffered by the State Route 55 Freeway and
vacant land. The nearest uses consist of industrial and office uses that are several
hundred feet away.
ANALYSIS
A decision to approve this request can be supported by the following findings:
1) That the temporary operation of a contractor's storage yard, as conditioned, will
not 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
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:
a) The proposed temporary use, as conditioned, would not be detrimental to
the surrounding properties in that placement of the construction equipment
and materials in the site would be temporary.
b) As conditioned, the use would not have a negative effect on the
surrounding properties since the storage yard is located on vacant
property and is buffered from adjacent uses by the State Route 55
Freeway and by unoccupied portions of the vacant properties.
Zoning Administrator Report
Conditional Use Permit 04-017
June 14, 2004
Page 4
c) As conditioned, the applicant would be required to incorporate Best
Management Practices so that adjacent public right-of-way is maintained
and cleaned on a daily basis and so that water -laden particulate will not be
deposited into the storm drain.
d) As conditioned, equipment and materials stored on site would maintain a
setback of 185 and 240 feet from the west and east side property lines,
respectively.
o
Chad rtlie
Associate Planner
Attachments: A - Location Map
B - Submitted Plans
C - Resolution No. 3917
SACdd\PCREPORT\CU PO4-017.doc
OAA t --
Karen
Karen Peterson
Senior Planner
ATTACHMENT A
LOCATION MAP
CUP04-017
1151 '/2 VALENCIA AVENUE
LOCATION MAP
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ATTACHMENT B
SUBMITTED PLANS
SITE PLAN
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1151 1/2 VALENCIA
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15171 Del Amo
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1200 Edinger
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15222 Del Amo
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430-253-013
O.C. Teachers
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15332 Del Amo
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430-253-012
O.C. Teachers
Federal Credit
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15442 Del Amo
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AVENUE
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430-253-002 & 430.
BNSF Railroad
Valencia Avenue
F
TIONS OF LOT 65 AND LOT 80 IN
CK 10 OF IRVINE'S SUBDIVISION, SHOWN ON A MAP RECORED IN
K 1, PAGE 88 OF MISCELLANEOUS
ORD MAPS, RECORDS OFI
ORANGE COUNTY, CALIFORNIA
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WM-3 Stockpile
Management
SC -1, Slit Fence or
SC -8, Sand Bag Barrier
Pipe & Fitting
Storage
ARB Staging Area
Temporary
Dirt Storage
WM-1, Material Delivery and Storage
WM-2, Material Use
Pipe & Fitting
Storage
Tool TroAer
E:IWM-4, Split Prevention
Tool Tr&A r
WM-4, Split Prevention
Tool TrnRer
WM-4, Spilt Prevention
WM-9, Sanitary/
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Office Offite Management
Trailer Trailer
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Fnc0.ltles
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Equipment
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NS -10, Vehicle and Equipment
Management
NS -9, Vehicle and Equipment
Fueling
Pipe & Fitting
Storage
Equipment
Storage
NS -10, Vehicle and Equipment
Management
NS -9, Vehicle and Equipment
Fueling
Employee Parking Area
345' Temporary Fencing
Valencia Ave.
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Wm -5, Solid
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ATTACHMENT C
RESOLUTION NO. 3917
RESOLUTION NO. 3917
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TUSTIN APPROVING CONDITIONAL USE PERMIT 04-017
FOR THE TEMPORARY STORAGE OF CONSTRUCTION
MATERIALS AND EQUIPMENT ON VACANT LOTS LOCATED
NORTH OF VALENCIA AVENUE BETWEEN THE STATE ROUTE
55 FREEWAY AND DEL AMO AVENUE AT 1151% VALENCIA
AVENUE FOR UP TO EIGHTEEN (18) MONTHS FOR A
REGIONAL WATER AND SEWER LINE IMPROVEMENT
PROJECT.
The Planning Commission of the City of Tustin does hereby resolve as follows:
I. The Planning Commission finds and determines as follows:
A. That a proper application for Conditional Use Permit 04-017 was filed
by ARB, Incorporated requesting approval to temporarily store
construction materials and equipment on vacant portions of Lot 65 and
Lot 80 in Block 10 of Irvine's Subdivision, as shown on a map recorded
in Book 1 Page 88 of miscellaneous record maps, Records of Orange
County, California (Assessor's Parcel Numbers 430-251-01, 02, and
08) for up to eighteen (18) months in the "Office Center" designation
of the Pacific Center East Specific Plan and the Planned Community
Commercial/Business General Plan land use designation to support
regional water and sewer line improvements.
B. The proposed use is consistent with the policies and requirements
of the "Office Center" designation of the Pacific Center East
Specific Plan and the Planned Community Commercial/Business
General Plan land use designation in that temporary construction
storage yards may be permitted with a conditional use permit and
the use supports the maintenance of the City's infrastructure. 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 consistent with the Air Quality Sub -element
in that the use is located in a central location that promotes efficient
vehicle trips during construction of City and regional water and
sewer line improvements.
C. That the temporary operation of a contractor's storage yard, as
conditioned, will not 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 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:
Resolution 3917
Page 2
a) The proposed temporary use, as conditioned, would not be
detrimental to the surrounding properties in that placement of
the construction equipment and materials in the site would be
temporary.
b) As conditioned, the use would not have a negative effect on
the surrounding properties since the storage yard is located on
vacant property and is buffered from adjacent uses by the
State Route 55 Freeway and by unoccupied portions of the
vacant properties.
c) As conditioned, the applicant would be required to incorporate
Best Management Practices so that adjacent public right-of-
way is maintained and cleaned on a daily basis and so that
particulate -laden water will not be deposited into the storm
drain.
d) As conditioned, equipment and materials stored on-site would
maintain a setback of 185 and 240 feet from the west and east
side property lines, respectively.
D. This project is Categorically Exempt pursuant to Section 15304,
(Class 4) of Title 14, Chapter 3 of the California Code of
Regulations (Guidelines for the California Environmental Quality
Act).
II. The Planning Commission hereby approves Conditional Use Permit 04-017
authorizing the temporarily storage of construction materials and equipment
on a 4.41 acre vacant site comprised of portions of Lot 65 and Lot 80 in
Block 10 of Irvine's Subdivision, as shown on a map recorded in Book 1
Page 88 of miscellaneous record maps, Records of Orange County,
California (Assessor's Parcel Nos. 430-251-01, 02, and 08) for up to
eighteen (18) months for a regional water and sewer line improvement
project, subject to conditions contained in Exhibit A attached hereto.
Resolution 3917
Page 3
PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission,
held on the 14th day of June, 2004.
JEROME AMANTE
Chairperson
ELIZABETH A. BINSACK
Planning Commission Secretary
STATE OF CALIFORNIA)
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Secretary
of the Planning Commission of the City of Tustin, California; that Resolution No.
3917 was duly passed and adopted at a regular meeting of the Tustin Planning
Commission, held on the 14th day of June, 2004.
ELIZABETH A. BINSACK
Planning Commission Secretary
EXHIBIT A
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT 04-017
JUNE 14, 2004
GENERAL
(1) 1.1 The proposed use shall substantially conform with the plans for the project
date stamped June 14, 2004, on file with the Community Development
Department, except as herein modified, or as modified by the Director of
Community Development.
(1) 1.2 The construction staging yard shall be removed and the site cleared no
later than December 14, 2005. Conditional Use Permit 04-017 is only
valid while an active encroachment permit is maintained for public right-of-
way improvements throughout the City of Tustin. If the encroachment
permit is terminated, the applicant shall remove all trailers, equipment, and
materials from the site within twenty-four hours of being notified by the
City.
(1) 1.3 Violation of any conditions may be cause for the City to revoke the permit
and to require interior trailer operations to cease immediately and the
applicant to clear the site within 48 hours of being notified by the City that
the permit has been revoked.
(1) 1.4 As determined by a City Code Enforcement Officer, any violation of any of
the conditions imposed by this permit is subject to the imposition of a civil
penalty of $100.00 for each violation and each day the violation exists.
The applicant shall be responsible for costs associated with any necessary
code enforcement action.
(1) 1.5 The applicant and property owner 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 filed
against the City and to fully cooperate in the defense of any such action.
The City may, at its sole cost and expense, elect to participate in defense
of any such action under this condition.
SOURCE CODES
(1)
STANDARD CONDITION
(5)
RESPONSIBLE AGENCY REQUIREMENT
(2)
CEQA MITIGATION
(6)
LANDSCAPING GUIDELINES
(3)
UNIFORM BUILDING CODE/S
(7)
PC/CC POLICY
(4)
DESIGN REVIEW
***
EXCEPTION
Exhibit A - Resolution 3917
CUP 04-017
Page 2
(1) 1.6 Approval of Conditional Use Permit 04-017 is contingent upon the applicant
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.
PLANNING
(*) 2.1 All on-site trailers shall be padlocked at all times they are not occupied.
(*) 2.2 Residential occupancy or uses are not permitted in any on-site trailers at any
time.
(*) 2.3 Hours of operation, noise regulations, and all activities related to
construction staging yard shall be in accordance with Encroachment
Permit Nos. 3887, 3888, and 3895 issued for City-wide sanitary sewer and
water line improvements
(*) 2.4 No business signs are requested or permitted in association the
construction staging yard.
(1) 2.5 All businesses that will be operating within the City of Tustin in association
with the construction staging yard, including event setup and clearing, shall
be required to obtain a valid City of Tustin Business License.
BUILDING AND SAFETY
(1) 3.1 Temporary fencing not to exceed six feet high with a visual screen shall be
maintained around the perimeter of the site for the duration of the use.
(*) 3.2 If lighting is desired for night-time operations or is required by the
California Department of Occupational Safety and Health Administration,
the applicant must first submit a photometric lighting plan to the Building
and Safety Division. No lighting shall be permitted which would have a
negative impact on adjacent properties or the public right-of-way. The
applicant shall obtain an electrical permit for any proposed temporary
lighting.
(*) 3.3 No tents and/or canopies are requested; therefore, none are permitted for
Conditional Use Permit 04-017.
(*) 3.4 The applicant shall maintain a gravel surface, in good condition, on all on-
site vehicle route surfaces where there is no existing paving
Exhibit A - Resolution 3917
CUP 04-017
Page 3
(*) 3.5 Three (3) driveway width wheel carriages shall be maintained at the point
where vehicles exit onto Valencia Avenue.
(*) 3.6 Upon completion of the use, the applicant and/or property owner shall be
responsible for site clean up to restore the site to the original condition and
shall provide geotechnical verification that the site is cleaned subject to
approval of the City. Within 10 days from approval of Planning
Commission Resolution No. 3917, the applicant shall provide a cash or
surety bond to the City in an amount no less than $10,000 to ensure that the
timely removal of construction trailers, equipment, and materials occurs upon
termination of the use or in the event the permit is revoked. If necessary, the
bond money will be used to fulfill the site clearing requirements of this
condition. Within 10 days of approval of Resolution No. 3917, the applicant
must also provide the City with a right -of -entry letter from the property owner
to allow the City or its agent to remove any construction equipment, vehicles,
machinery, fencing, soil, refuse, recyclables, or other supplies if the applicant
or property owner fails to do so upon notice from the City.
(3) 3.7 All non -construction trailers (office trailers) shall comply with the
requirements of Title 24 of the California Code of Regulations (Handicap
Accessibility) regulations including paved accessible parking spaces and
Title 25 of the California Code of Regulations (Manufactured Structures -
Anchorage Requirements).
PUBLIC WORKS
(1) 4.1 The applicant shall be responsible for ensuring that the site, public right-of-
way, and adjacent properties are continually free of trash and debris
generated by the use. The applicant shall promptly clean up gravel, dirt, or
other debris deposited on public streets associated with this use.
(1) 4.2 Any damage resulting from the permitted activity to existing street
improvements and utilities shall be repaired at no cost to the City to the
satisfaction of the City Engineer.
(*) 4.3 A revised site plan shall be provided within 10 days from approval of
Planning Commission Resolution No. 3917, at a minimum scale of 1" _
40', showing all property lines, the dimensions of all critical areas, a north
arrow, adjacent streets, adjacent sidewalks, the driveway, and existing
and proposed easements. The plans must show that ingress and egress
of vehicles and movement of equipment and supplies occurs exclusively
from Valencia Avenue. The truck turning radius from Valencia Avenue to
the equipment storage yard must be included on the revised site plan.
The plans must demonstrate that proposed use is at least one hundred
(100) feet from the west and east property lines and from all Temporary
Exhibit A - Resolution 3917
CUP 04-017
Page 4
Construction Easements (TCE) acquired by the City for construction of the
future Newport Avenue extension between Edinger and Valencia
Avenues, and for the future northbound State Route 55 ramp
reconfiguration. The site plan must show a layout and/or survey of the
property which establishes the 100 foot buffer area. The survey must
show the TCE and indicate that the proposed use is not over any existing
easements which limits access by utility companies. If the submitted plan
demonstrates that the existing yard is within the TCE or any access
easements, the yard must be relocated.
(1) 4.4 The applicant shall not alter the condition of or construct any
improvements or structures within the public right-of-way without approval
from the City's Public Works Department.
(*) 4.5 A Transportation/Overlimit Permit shall be required for all extra -legal loads
on City streets as defined in Section 320.5 of the California Vehicle Code.
(1) 4.6 Prior to any work in the public right-of-way, an Encroachment Permit shall
be obtained and applicable fees paid to the Public Works Department.
WATER QUALITY
(*) 5.1 Best Management Practices (BMPs) Nos. 1, 5, 7, 8, 9, 11, 12, 13, 14, 15,
18, 19, 21, 23, and 24 as identified in the City's Best Management
Practices Handbook shall be implemented on an ongoing basis during
construction to protect surface waters and prevent soil, wastes, or
pollutants from moving off-site during a storm. Potential pollutants
include, but are not limited to, paints, stains, sealants, glues, fuels, oils,
lubricants, fertilizers, etc. Storage of such materials shall occur in a
specified and controlled temporary area on-site, physically separated from
potential storm water run-off, with ultimate disposal in accordance with
local, State, and Federal regulations. The Community Development and
Public Works Departments may require additional BMPs as necessary.
(1) 5.2 This development shall comply with all provisions of the City of Tustin
Water Quality Ordinance and all Federal, State, and Regional Water
Quality Control Board rules and regulations. Soil erosion and on-site spills
shall be contained and drainage maintained on-site with no drainage
runoff from the site.
(1) 5.3 The property owner and applicant shall provide written consent and
authorization to' enter the property for the purpose of conducting
compliance assessments with BMPs. An authorized inspector may
inspect the property for the purpose of verifying compliance with Chapter 4
of the Tustin City Code (Water Quality Ordinance).
Exhibit A - Resolution 3917
CUP 04-017
Page 5
(1) 5.4 When loading or transporting any earth, sand, ground, rock, stone, or
other excavated material or debris, such material shall be prevented from
blowing or spilling onto the public right-of-way or adjacent private property.
The applicant shall be responsible for maintaining public rights-of-way in a
condition reasonably free of dust, earth, or debris attributed to the
construction activities. If any debris is deposited within the right-of-way or
adjacent property, the applicant shall be responsible for removing the
material immediately.
FEES
(1) 6.1 Within forty-eight (48) hours of project approval, the applicant needs to
deliver to the Community Development Department, a cashier's check
payable to the COUNTY CLERK in the amount of forty-three dollars
($43.00) 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