HomeMy WebLinkAboutZA AGENDA REPORT T
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- APRIL 1, 1996
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TO: ZONING ADMINISTRATOR
FROM: OOMMMITY DEVELOPMENT -DEPARTMENT
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SUBJECT,- DESIGN REVIEW 96-007
APPLICANT: M7. SAFE-ND-0
CHEVRON'PERMIT AGENCY
P.O. BOK 2833
LA LABRA, OA. 90632-2833
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LANDOWNER: CHEVRON U. .A■
P.O. BOK 2833
LA HABRA, A.' 90632-2833
LOCATION: 130 2 NEWPORT -AVENUE ,
ZONING: RETAIL COMMERCIAL -1
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ENVIRONMENTAL THIS PROJECT HAS BEEN DETERMINED INED TO BE ,
STATUS. CATEGORICALLY EXEMPT (SECTION 15301, CLASS 1
PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY
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REQUEST. INSTALLATION ,OF SOIL REMEDIATION EQUIPMENT
RECOMMENDATION
That the Zoning Administrator approve Design Review 96-007' by .
approving Zoning Administrator Action 96-004 s4ubject to the
conditions attached as Exhibit A, as submitted or revised.
BACKGROUND/PROJECT DESCRIPTION
The applicant. is requesting approval to install soil vapor
extraction equipment at an existing gasoline service station
located on the northeast corner- of Newport Avenue and Irvine
Boulevard. Boring samples have shown that the soil on the site
contains i qn i f i c ant levels o f hydrocarbons, and the Orange County
Health. Care Agency, on behalf the State water Quality Control
Board, has required that the hydrocarbons be removed from the soil.
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Adjacent land uses are primarily commercial . An ice cream store
abuts the site to the north; beyond that are additional retail
uses . Adjacent to the east side of the site is a chiropractic
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office. To the south, across Irvine Boulevard, and to the west,
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Zoning ,Administrator Report ,
Design Review 96-007
April 1, 199 i --
Page 2 _
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across Newport Avenue, are commercial/retail centers and financial
institutions . The nearest residentially zoned property is
approximately 700 feet northeast of the site.
City Code Section 929 b - authorizes the Zoning Administrator to
approve soil remediation activities, subject to the same findings
as required for a Conditional Use Permit . This ' 'Item does not
i require a public hearing; therefore, no formal notices were
transmitted. Copies of the- staff report and meeting agenda were
made available ,to the property owner and applicant .
The proposed soil remediation system is a self-contained unit
designed • to treat contaminated sites by extracting hydrocarbon
' vapors from the soil. During the initial phase of the remediation,
the vapor extraction system will employ a catalytic oxidation
process which burns the hydrocarbons then releases the filtered
exhaust into the atmosphere. Phase I' remed.iation will he carried'
out for as long as the Total Petroleum Hydrocarbon TPH
concentration in the influent air 'stream is substantial .
In the closing phase of the process, the vapor extraction system
will use carbon-filled canisters to filter and remove vapors
extracted from the soil. The vapors will be routed through the
carbon vessels before dis harging L to the atmosphere . • This
reme di at'ion phase ,rill be coat inued until i t i s conf irr ed that the '
site soil is rerediated to achieve compliance with Mate`
regulations.
As stated by the applicant, the remediation equipment functions 2
hours per day and is anticipated to be needed on the site f or
approximately 12 to 24 months.
Submitted development plans propose placing the vapor extraction
system in an existing landscape planter along the north boundary of
the site. The applicant proposes to construct a six-foot high
block wall to enclose the remediation equipment. The equipment
compound will have a concrete floor. As is typical of soil
remediation equipment,, a vent stack will project approximately
seven ( feet above the top of the six-foot high screen wall.
The proposed equipment location will not obstruct any required
parking spaces- or impede on-site circulation. , To provide
compatibility with the site and surrounding area, proposed
Condition of Approval. No. 3 . 1 would require the applicant - to
texture coat and paint 7the new block wall to -match the adjacent ,
trash enclosure. Additional proposed Conditions would require that
the exposed por•ta'. ni of the vexit stack be painted a neutral grey and
that the enclosure be secured with a locked solid metal gate, also
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Zoning Administrator Report
Design Review 96-007 �
April' I, 1996
Page 3 .
to- match ,that on the adjacent trash enclosure.
Issues associated with the proposed application include noise, and
public safety. -These ars discussed below.
Noise -• Section 4614 a of the Noise Ordinance indicates that uses
on commercially zoned properties shall not exceed 60 dBa at any
time. The nearest residential property is approximately 700 feet
to -the northeast of the site. i
To ensure that the. o erat.ion of the remediation equipment conforms .
to the requirements Qf the city poise ordinance, proppsed condition
f Approval No. 3-. 5 would require. the applicant to muffle the
equipment, as necessary, to meet ' the GO dBa noise standard. In
addition, the appli,cant will 'be e required to perform a 24-hour noise
test in accordance with the city' s Noise ordinance to verify that
the muffled equipment does not exceed 60 dBa at any time. The
applicant . would be required to. increase muffler devices should
noise levels exceed the Noise ordinance requirements . •'
Proposed Condition No. 3 . 6 has al o been included to require the
installation of a small sign indicating a contact phone number in i
the event- of a problem with noise or the equipment
Public SafeLy 'the orange County Health Care Agency permits and
monitors all soil remediation procedures in the county, including
the soil remediation procedure at-'t the subject site. As lead
agency, the orange County Health Care. Agency would certify when the
soil remediation procedure. has been successfully conp�eted. A copy
of the county' s letter approving the remedial action plan for the
site was provided to the City with the application materials.
In addition, the applicant states the equipment manufacturer is in
the process of obtaining necessary permits/licenses r�om the South
Coast Air.
- Quality ianagement' D i s t ri t cA lD .
Some of the vapor which will be present i t the soil r mediation
site are considered volatile. Any risk of firs or explosion caused
. by the soil remediation , equipment - would be enhanced by the
proximity to the existing gasoline service station operation. The
applicant will be required to provide written roti-fication to -the
Fire Department regarding the start-up date of the remediation
equipment, 'as well as ' tie estimated completion date. The Fire
Department will ; also require written notification at the actual
. completion of the clean-up. .#
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Zoning Administrator Report Design Review 96-007
April 1, 1996
Page
CONCLUSION
The Community Development -Department has reviewed the proposed
project and determined that the project, as conditioned, will not
e detrimental to the health, safety and welfare `of the public.
Based on review of the proposed project, -staff recommends that the
Zoning Administrator approve Design Review 96-007 with conditions
contained in Exhibit A of Zoning Administrator Action 96-004, as
submitted or revised.
Pula Ra hn
so iat Pla-neer
Attachments : Location flap a
Site Plan, Equipment details
Zoning Administrator Action 96-004
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7UMJN,CA. 92690
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l ZONING ADMINISTRATOR ACTION 96-00
DESIGN REVIEW 96-007
2 APRIL 1, 1996 _
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3 The Zoning Administrator of the City of Tustin does hereby
resolve as follows :
I . The Zoning Administrator finds and determiIies as follows
A. That a proper, application, Design Review 96-007,,
was filed by Chevron U.S .A. to authorize the
temporary installation of soil remediation
7 equipment ort the property Located at 13 052 Newport
Avenue..
B. That establishment, maintenance, and operation of
the use - applied f or~ will not, -under the
circumstances of this catse, . be detrimental to the
10 health, safety, morals, comfort, or general welfare
_ of the persons residing or working in the
11 neighborhood of such proposed use, nor- to the
i general welfare of the City of Tustin as evidenced
12 by the following findings':
{
13 1 . The removal and treatment of contaminated
vapors in the soil from the 'property located
14 . at 13052 Newport Avenue is a necessary process
required by public' health care' agencies..
15 Removing contaminates from the soil will
benef it the environment, thus enhancing the
16 health, safety, morals, comfort, or general
welfare of the persons residing or working in
17 - the neighborhood of the temporary soil
remediation equipment .
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The installation of the extraction and'
19 i treatment equipment to be located on the
subject site is temporary and will be removed
20 upon completion of the process. The temporary
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equipment will be located approximately 700
1 feet from the nearest residentially zoned
property. Potential adverse impacts related
22 to aesthetic, noise or general safety of the
temporary location of the equipment will be
23 mitigated by Conditions of Approval referred
to herein as Exhibit A. The installation and
24 operation of the soil remediation equipment i r
subjedt, to - monitoring by the Orange County
25 Health Care Agency, the South Coast Air
Quality Management District,, and the Orange
.26 County Fire Authority.
27 C. That the proposed project is 'categorically exempt x
(Class 1) pursuant to the California Environmental. 4_
28 - Quality Act 15301.
Zoning Administrator Action 96-0 i
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11 . The Zoning. Administrator h.e reh r approves Design Review
96--007 to authorize the installation of soil reme4diation
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• equipment on the property located at 13052 Newport
Avenue, subject to` the -conditions contained in Exhibit A,
S 6 attached hereto.
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7 PASSED AND ADOPTED at a regular meeting ! f the Tustin Zoning
Adr� inistrator, held on the 1st day of April, 1996 .
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RICA{ BROWN
11 Zoning Administrator
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BARBARA RE ES -
Recording Secretary
TATE OF CALIFORNIA
16 COUNT` OF ORANGE
CITY OF TUSTIN
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I,, BARBARA R.E E , the undersigned, hereby' certify that I ani
18 the Recording Secretary of the Zoning Administrator of . the
Cityof Tustin, California; that ning Administrator Action
1.9 No. 96-004 was duly passed and adopted at a regular meeting of
the Tustin Zoning Administrator, held on the ist day of April,
20 1996 . .
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BARBARA REYES
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Recording Secretary
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EXHIB IT A -
ZONING ADMINISTRATOR RATOR ACTION 96-00
CONDITIONS OF APPROVAL
DESIGN REVIEW -007
APRIL 1, 1996
GENERAL
.
1.1 The proposed project shall substantially conform with the
submitted plans, date stamped April 1, 1996, on file with
the Community Development Department, as herein modified
or as modifiedby the Zoning Adminis'trator in accordance
with this Exhibit .
(1) 1.2 Unless otherwise specified, the conditions contained in
the Exhibit shall be complied with prior to the issuance
f any building permits for the project, subj ect to
review - and approval by the -Community Development
Department. 4
` (1) 1.3 Design review approval shall becomo null and void unless
all building permits are issued within eighteen (1 8)
months from the date of this Exhibit .
1 1.4 The applicant shall sign and return an Agreement ' to
Conditions Imposed form prior to issuance of building
permits . .
1 1. --the, applicant and property owner shall hold harmless and
defend the City of Tustin for all claims and liabilities
arising out of theCity' s approval of the entitlement
process for this project.
(1) 1.6 All, equipment related to. the 'raper extraction process
4 shall be removed within thirty deers of completion of the
extraction and treatment process. This permit shal=l be
valid for a period of time not to exceed 36 months from
the date that building permits circ issued. An. extension
may be granted by the Zoning Administrator {should the
extraction process require additional. time. Said
extension request shall be trade to' - theomm' unit r
Development Department'
t least 0 days prion to the
expiration f the terms of this Design Review.
f SOURE CODES
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. (I) STANDARD CONDITION 2. ' E A MITIGATION
UNIFORM BUILDING CODE/ DESIGN REVIEW
. RESPONSIBLE AGENCY LANDSCAPING GUIDELINES .
7 Pc/cc POLICY
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EXCEPTION i ` F
4 A r
Exhibit A F _
Zoning Administrator Action 95-004
' Conditions of Approval r
Page
PLAN SUBMITTAL
.1 At building plan check submittal :
. 5 A. Provide manufacturers listings and requirements for
' structural support of the remedial quipment . `
5 13. Provide Eiite plan(s) showing the location and
elevation of contamination and the required piping.
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�5) C. Provide a list describing the work and Method of
pe forming the work.
(5) D. Provide clearances from the orange County Health
Core Agency, the South Coast Air Quality Management i
District and the California Water Quality Control.
Board, as necessary.
+ E. Provide preliminary'technical. details and Tans for
all utility .installations including water and
' electricity. Additionally, a note on plans shall
i be a.ncl.ud d stating that no field changes shall be
rade without corrections submitted to and approved
by the Building official . Requirements of the
Uniform Building Plumbing, Mechanical and
i Electrical Codes shall be complied with, as
approved by the Building Official. .
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5 F. Provide information to ensure compliance with
Articles 79 and 82 of the Un i f or Fire Code and a l l
requirements of the orange County Firs- Authority
pertaining to treatment and handling of flammable,
volatile and s` hazardous substances, including but
not limited to the following
_ 1 . Soil remediation ' tanks, if any, shall be
self-contained in design to accommodate 1
' o f contents in event of a leak/spill .
. . All dispensing systems shall be secure and
meet Fire Marshall standards .
' 3 . All pumps shall. be U.L. approved.
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4 . %. The applicant - shall provide the following
written notifications;
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Exhibit A
Zoning Administrator* Action 5-004
Conditions of Approval
Pae 3 w
Anticipated start-up and completion•
dates, prior to commencement of
operations; and
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b. Actual completion of operations .
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- 5 . The applicant shall obtain applicable permits
for hazardous operations .
The applicant s all file -all applicable
hazardous material disclosure statements with
the Fire and Health Care Agency.
Fire Authority final inspection will be •required.
Please schedule for an inspection two ' 2 dans in
advance at {714} 832-1011 .
H. A Licensed Mechanical Engineer' shall stamp and met
sign all sheets of plans. r A valid license'
expiration dale shall be appropriately indicated.
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SITE -AND 'BUILDING CONDITIONS.
{ .1 The remediation compound or, enclosure shall be
constructed of concrete masonry block texture coated 'and
painted to match the existing adjacent trash enclosure.
(4) 3 .2 The remediation compound shall have. a solid metal gate,
constructed arxd painted to match that of the existing
r adjacent_ trash enclosure. .
• 2 3 ,3 Note on plans that, the gate on the. enclosure shall be
r locked dt all times .
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3 .4 X1.1. areas, - especially paved circulation areas, distu b d _
by trenching for the 'purpose of installing piping and
• vapor* traction wells, shall be repaired and replaced to
match the. existing surrounding .areas. y
3 .5 Any equipment, piping or gent extending above the height
of the remediation compound or enc-losure shall. ,be f ainted
a - neutral grey', subject to final aproval by the
Community Development Department .
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2 3 . 6 The applicant shall install ruffling devices to meet city �f
Noise ordinance 're uir.ements prior to operation of the 71
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Exhib i t A
Zoning Administrator Action 95-004
Conditions of Approval
Page 4 t
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soil remediation equipment . Immediately upon installation
the applicant shall perform a 24-hour noise test to
verify that the muf fled equipment comps-ies with the
. _ City's Noise ordinance requirements foir commercially
zoned property of a maLximum of 60 dl3,a at any time
(Section 414 (a) .
1 .7 A minimum 24'-inch by 24-inch sign noting a telephone
number with hours of operation for complaints on the
vapor recovery extraction system shall be provided on the
exterior wall of the remediation enclosure.
3 , 8 Any utility connections within the +public right-of-way
' will require a permit from the Public Works Department
/Engineering Division.
FEES
.1 4 ,1 All building permit and plan check issuance fees shall be
palid to the C6mmunity Development Department prior- to
building permit issuance. Payment will be required based
upon triose rates in effect at the time of payment and are
subject to than
1. 4,2 Within 48 hours of approval of the subject project, the
applicant shall deliver to the Community Development
Department, a cashiers check payable to the COUNTY CLERK,
in the amount of $38 . 00 to enable the City to file with
the County Clerk, the appropriate environmental
documentation pursuant to the California Environmental
Quality Act . . If within such 48 hours period, the
applicant has not delivered to the Community Development
Department the above noted check, the approval for the
project granted herein shall be considered autom ticall r
null and void. i
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