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Home My WebLink AboutCUP 05-008 Inter-Com DATE: TO: FROM: SUBJECT: JULY 5, 2005 ZONING ADMINISTRATOR COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONAL USE PERMIT 05-008 APPLICANT: PROPERTY OWNER: LOCATION: ZONING: WAYNE PERRY, INC. ATTN: SIEM OU 8281 COMMONWEALTH AVENUE BUENA PARK, CA 90621 JOHN & LYNNE YEGENIAN 9951 BRIER LN SANTA ANA CA, 92705 14501 RED HILL AVENUE CENTRAL COMMERCIAL (C2) GENERAL PLAN DESIGNATION: COMMUNITY COMMERCIAL ENVIRONMENTAL STATUS: THIS PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT PURSUANT TO SECTION 15330 (CLASS 30) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). AUTHORIZATION TO TEMPORARILY INSTALL AND OPERATE A GROUNDWATERNAPOR REMEDIATION SYSTEM AT AN EXISTING GAS STATION TO REMOVE HYDROCARBONS FROM THE SOIL FOR APPROXIMATELY TWO (2) YEARS. REQUEST: RECOMMENDATION That the Zoning Administrator adopt Zoning Administrator Action No. 05-012 approving Conditional Use Permit 05-008. BACKGROUND The project site is located on the southwest corner of Red Hill Avenue and Walnut Avenue (Attachment A - Location Map). The site is zoned as Central Commercial (C-2) and is designated by the General Plan as Community Commercial which provide for various Zoning Administrator Report July 5, 2005 CUP 05-008 Page 2 retail, offices, and service-oriented business activities. The site is improved with a building consisting of a service station, a snack shop, and an automobile repair shop. The site is bounded by a commercial shopping center (HK Market and other retail businesses) to the west and south, multi-family residences (R-3) to the north across Walnut Avenue, and Tustin Meadow residential community (PCR) to the east across Red Hill Avenue. The Orange County Health Care Agency (OCHCA) has identified that the existing gasoline tanks and/or piping at the site have developed leaks that have contaminated the groundwater underneath the site. To prevent the migration of the contamination and to protect human health, Chapter 6.5 of California Health and Safety Codes and Title 22 of the California Code of Regulations require that the contaminated groundwater be remediated as administered by the OCHCA. The site is currently undergoing replacement of underground storage tanks and its associated piping. DISCUSSION Duration of Use The proposed groundwater/vapor remediation equipment would operate for twenty-four (24) hours a day for a two (2) year period. The applicant indicated that the two (2) year time frame is their best estimate of the time it takes to remediate the groundwater contamination. Upon installation and operation of the remediation system, OCHCA would require the applicant to submit routine reports to verify the effectiveness of the treatment system as part of the monitoring process. Once OCHCA verifies that the hydrocarbon concentrations are adequately reduced, the system will be discontinued, all equipment will be removed from the property, and the property will be restored to pre-existing conditions. However, if OCHCA determines that the hydrocarbon concentrations are not adequately reduced at the end of two (2) years, the system would need to remain in operation until remediation is complete. Proposed Condition 1.13 allows the Director of Community Development to approve an extension of time if the system is required to remain at the site for an extended period of time. Permit Requirements In accordance with Tustin City Code Section 9270b(d), the removal or deposits of earth, other than in connection with construction of buildings, roadways, or public or home improvements, is allowed with the approval of a conditional use permit. Pursuant to Tustin City Code (TCC) Section 9299(b)(4) , the Zoning Administrator can approve conditional use permits for groundwater and soil remediation operations for any length of time. Zoning Administrator Report July 5, 2005 CUP 05-008 Page 3 GroundwaterNapor Remediation Process The groundwater remediation equipment involves the pumping of hydrocarbon contaminated groundwater from existing monitoring wells with an air compressor into an air/water separator where water is turned into water vapor. The water vapor is then pushed into a catalytic oxidizer where petroleum hydrocarbons are extracted and vapor is discharged to the atmosphere pursuant to guidelines of the South Coast Air Quality Management District (SCAQMD). Once the water vapor returns to a liquid state, the water is filtered through three (3) granular activated carbon vessels where any remaining particulate is removed prior to the treated water being ready to be discharged to the sanitary sewer subject to approvals from the Orange County Sanitation District (OCSD). Alternatively, the applicant could haul the contaminated water to an off-site treatment center provided that proper permits are obtained and presented to the Community Development Director prior to hauling operations. Operational Configuration The proposed location of the equipment compound is in an area located at the farthest point from both Red Hill Avenue and Walnut Avenue to ensure the least visible impact (Attachment B - Project Plans). The equipment will be temporarily located in a thirteen (13) foot by thirty-two (32) foot compound area enclosed with a six (6) foot high masonry wall on three sides and chain link fencing with plastic slats for privacy on the remaining side. The chain link fence with plastic slats will also serve as an entry gate and removable four (4) foot high guard posts will be positioned directly in front of the chain link fence as reinforcement. The wall and chain link fence would be required to be painted in a color to match the existing building. Visible equipment extending above the height of the compound will include a 13.5 foot high exhaust stack, three (3) approximately eight (8) foot high carbon vessels, and an approximately six (6) foot high surge tank. All monitoring wells and vadose wells are existing. As an alternate fuel source, the vapor system will require a propane tank which will be placed above ground adjacent to the compound. Pursuant to Condition 1.13 the propane tank will be required to be removed and all wells must be terminated and all soil borings filled once the remediation is complete. Parking The existing service station was constructed prior to the adoption of the City's Auto Service Design Guidelines and does not currently meet the required number of on-site parking spaces for the service station and the automobile repair use. The proposed location of the compound is currently being used for an unmarked overflow parking area, presumably in association with employee parking and the automobile repair use. Since the remediation equipment is temporary in nature and the area was not designated as a required parking area for the service station, the proposed remediation equipment Zoning Administrator Report July 5,2005 CUP 05-008 Page 4 enclosure will not negatively impact the on-site parking condition. However, to ensure that an adequate number of parking spaces is provided on-site, recommended Condition 1.10 is included to require the applicant to stripe the remaining unmarked spaces in accordance with the City of Tustin's Parking Lot Design Standards. A decision to approve this request may be supported by the following findings: 1. The proposed extraction system is necessary to facilitate the groundwater remediation required by the Orange County Health Care Agency and Regional Water Quality Control Board. 2. The installation and operation of extraction and treatment equipment would be temporary for a period estimated to be twenty-four (24) months. 3. Removing contaminants 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 would be adequately screened from view within an enclosure on the property to buffer the use with the adjacent commercial center. 5. The location of the equipment would allow the service station to remain in business during the remediation process. On-site parking or circulation, including trash services, would not be affected since the equipment is located at the rear of the lot and not within a drive aisle. 6. As conditioned, the installation and operation of the remediation system would be monitored by the City of Tustin, Orange County Health Care Agency, the Regional Water Quality Control Board, and the South Coast Air Quality Management District. r,) Ju na Willkom Senior Planner Attachments: A - Location Map B - Submitted Plans C - Zoning Administrator Action No. 05-012 S:\Cdo\ZAREPORl\2OO51GUP O~.doc ATTACHMENT A Location Map LOCATION MAP Efj .~ I~~I _I ">Ù ~/ì; Jv~~~':>~ p -,- ~~i' r,. I \.~Þi-~)J~V -"""')~/ I ~"",n£ ~~ ~ ~'~Jß /( Î ,. I I :'( lI?~ '1}t; ( 3~~"F. ..!: ~~iY1!!>:T& (f~.'~V' !:;IE- iJlÚL~v ~ .. '"L Y:¡ . ~ --, ' ,n:J: ",oa. . ~ I~ ~~' >,.<1 ~/, -j :j::.:uuu. II ~Lì~~j ~" ,:> \~ J~,r¡¡l 1;: ¡::: "rI ~,:.-~ ,>¡..j\ \~"7r.", ,C~..J~, VI ' ~ 'L. <~' ,"~ . " ,,\::.: "l. ~. '... I " ' \'.:7 Ìf t ~~ ~i '" ~~ i!I : b -- .~~ ~¡ PROJECT NO. ADDRESS CUP 05-008 14501 Red Hill Avenue Tustin, California .-'"'- I L' .. ~ h ~ 1~~1 tI( _1'-- "' " , , "'\ > :\) ~r' -1' .' Ii ,~...,., '\, "Oi' -J}. = ,i" ,'. . ~ u I 'V2::."\"9 '1/ . ",. .'" "'~"',."œ f ~/ .:. '. #Á~m,' .,¿n~'- (/ ~ kl/.',p" % ~L-<tWD. "'" ~ ~ ".f . . ~~~~ ~, , "'x~ ---- ~f:>-. r-." ~ ' y '. .-J,\;::P /j ~ ~.~. 'II ~:X"\ ,,~..:¡:: ~ ~ ' f, ..:,{~ . ~,.~~ /,-, f~~ ;:/ ~ . j~oO» -', ~ ,-,-.;; ... , ~ LEG"'. '"M --~.- -~-- ~ - ~ ~I~I! ~ ¡~ !i1~1! ,III ,1.li OOIR¡¡1UI~I" ~ ~- -- & ~ ~ ~I!~~ ! ~ ~ I ¡ i I i I ill i ~!~~~ U44, "'\ ~~~~~~~ '~ . 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ŒIY or 1USTJI CIIIEET VIII< DCDDT . r StRIP ~ ...- - ~ -- OU=S TIC "'"-"<T --- R"'" - _lIon --- LDC CDIIDIT 8U III mu: IEPlan eo art IF 1IISTJI sm.. ..... EMEI£IIf IDICŒrIllG or ~ -.. IF LAllI """"'DC ... or TIC IULE:T -IT'I ~¡;."'d~';'-' rAO1DOf - ......-.- (gIlD\' ... '" mu: ._n , " :>. ....... 11:1" '"- ... a:1ICSS -, CØlumIC IF "NO p""",-, IF LA" ŒDrT1.. .. - S' """'" - OS' [IJnIII[ IUI.IJ:T _ERTY AUJIG Tit: mlll>£A8T _om ...... TIC. -- --.cST TO . IDOl'" ..,..,. AT ..... '«S1t1L~ om, DIt- or :5II8.EtT ",IIUTT. <DIIDIT GI! III mu: lOUT) .. ..... emu .....- to'IIIIlD ,. TK .....< -"" ])Am INCN ea. ellS nil 11«1 "'II'EIIf1 LE OUTSŒ DEW'" ITATIIII _n LKS ... 110M mK II< ,.,., ~ r EXPLANATION -+~ -+ 5:mSr~ ...... ......... -+~~ --- ........ ~.... --- --- ....<1' -- _m --- - --- -- --- - 'III'&I!I"I.Ia -" -,- " 1H< cømvcra. IS ...........'" ..,. NIT~.' UI~DD eoNOUIf IKNEN1I CRY or 1W1N"& 8Œ!111oUC .- TIlE POWEA POLE TO 11£ IOIIIJAIIO. CDIFOUNO Þ. ::rRCI=n=O~a:. ~ ILL -II) FllGII S'IORT-UI em: NL -- Dot. ---- PROPOSED REMEDIAL SYSTEM EASEMENT MAP ('lION S(RVIcI: STATION "-04 t45Gt IIDHILL IN£. MTIIo c.<UroA."" [-1-8 ] ATTACHMENTC Zoning Administrator Action No. 05-012 ZONING ADMINISTRATOR ACTION 05-012 CONDITIONAL USE PERMIT 05-008 14501 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 05-008 was filed by Siem Ou on behalf of Wayne Perry Inc. requesting authorization to temporarily operate a ground water remediation/vapor extraction unit to remove hydrocarbons from the groundwater under an existing service station located at 14501 Red Hill Avenue. B. In accordance with Tustin City Code Section 9270b(d), the removal of earth is allowed with an approved conditional use permit in the Central Commercial (C-2) Zoning District and within the Community Commercial land use designation of the City of Tustin General Plan. In accordance with Tustin City Code (TCC) Section 9299(b)(4), the Zoning Administrator can approve conditional use permits for groundwater remediation operations for any length of time. In addition, the project has been determined to be consistent with the Air Quality Sub-element of the City of Tustin General Plan in that Goal No.5 and its associated policies encourage the protection of groundwater resources from sources of pollution by reducing and eliminating contaminants generated from certain uses. C. 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 nor be a detriment to the property 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 extraction system is necessary to facilitate the groundwater remediation required by the Orange County Health Care Agency and Regional Water Quality Control Board. 2) The installation and operation of extraction and treatment equipment would be temporary for a period estimated to be twenty-four (24) months. 3) Removing contaminants 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. Zoning Administrator Action 05-012 Conditional Use Permit 05-008 Page 2 D. E. 4) The temporary equipment would be adequately screened from view within an enclosure on the property to buffer the use with the adjacent commercial center. 5) The location of the equipment would allow the service station to remain in business during the remediation process. On-site parking or circulation, including trash services, would not be affected since the equipment is located at the rear of the lot and not within a drive aisle. 6) As conditioned, the installation and operation of the remediation system would be monitored by the City of Tustin, Orange County Health Care Agency, the Regional Water Quality Control Board, and the South Coast Air Quality Management District. This project is categorically exempt pursuant to Section 15330, Article 19, Class 30 of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). That a public hearing was duly called, noticed, and held on said application on July 5, 2005, by the Zoning Administrator. The Zoning Administrator hereby approves Conditional Use Permit No. 05- 008 authorizing the operation of temporary groundwater remediation equipment, for twenty-four (24) months within a temporary enclosure at an existing gas station at 14501 Red Hill Avenue, subject to the conditions contained within Exhibit A attached hereto. II. PASSED AND ADOPTED b~ the Zoning Administrator of the City of Tustin at a regular meeting held on the 5 h day of July, 2005. Dana Ogdon ACTING ZONING ADMINISTRATOR Eloise Harris RECORDING SECRETARY Zoning Administrator Action 05-012 Conditional Use Permit 05-008 Page 3 STATE OF CALIFORNIA) COUNTY OF ORANGE) CITY OF TUSTIN ) I, ELOISE HARRIS, 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. 05-012 passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 5th day of July, 2005. Eloise Harris RECORDING SECRETARY GENERAL (1 ) (1 ) (1 ) (1 ) (1 ) 1.1 1.2 1.3 1.4 1.5 EXHIBIT A CONDITIONS OF APPROVAL ZONING ADMINISTRATOR ACTION 05-012 CONDITIONAL USE PERMIT 05-008 The proposed project shall substantially conform with the submitted plans for the project date stamped on July 5, 2005, on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development Department in accordance with this Exhibit. This approval shall become null and void unless the use is established within twelve (12) months of the date of this Exhibit. Time extensions may be granted if a written request is received by the Community Development Department within thirty (30) days prior to expiration. All conditions in this Exhibit shall be complied with prior to issuance of permits, or as specified, subject to review and approval by the Community Development Department. Approval of Conditional Use Permit 05-008 is contingent upon the 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. As a condition of approval of Conditional Use Permit 05-008, 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 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. (1) (2) (3) (4) *** SOURCE CODES STANDARD CONDITION CEQA MITIGATION UNIFORM BUILDING CODE(S) DESIGN REVIEW EXCEPTIONS (5) (6) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY Zoning Administrator Action 05-012 Conditional Use Permit 05-008 Exhibit A Page 2 (1 ) (1 ) (1 ) (1 ) (1 ) 1.6 1.7 1.8 1.9 Any violation of any of the conditions imposed is subject to the payment of a civil penalty of $100.00 for each violation, or such other amounts as the City Council may establish by ordinance or resolution, and for each day the violation exists, subject to the applicable notice, hearing, and appeal process as established by the City Council ordinance. 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. Conditional Use Permit 05-008 may be reviewed annually or more often, if deemed necessary by the Community Development Department, to ensure compatibility with the area and compliance with the conditions contained herein. The block wall and chain link fence/gates with plastic slats shall be painted to match the color of the existing building. 1.10 Prior to final inspection, the applicant shall stripe the unmarked parking spaces in accordance with the City of Tustin's Parking Lot Design Standards. USE RESTRICTIONS (5) (5) (5) 1.11 Contaminated material may not leave the site except as described in Condition 4.4. 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 the Orange County Sanitation District (OCSD) requirements and the AQMD Rule 1166. 1.12 The applicant shall obtain all necessary approvals from the Orange County Sanitation District (OCSD) prior to discharging groundwater into the sanitary sewer. 1.13 The property owner shall provide the Community Development Director with the most current groundwater remediation status report prepared for Orange County Health Care Agency (OCHCA). The enclosure, equipment including the back-up propane tank, and associated wells shall be terminated, removed, and/or filled no later than July 5, 2007, or upon completion of the remediation process pursuant to clearance from OCHCA, whichever comes first. Time extensions may be granted by the Community Development Director if a written request is received within thirty (30) days prior to expiration. Zoning Administrator Action 05-012 Conditional Use Permit 05-008 Exhibit A Page 3 (1 ) 1.14 No outdoor storage shall be permitted except as approved by the Tustin Community Development Director. BUILDING DIVISION (1 ) (1 ) (1 ) (1 ) 2.1 2.2 2.3 2.4 At the time of building permit application, the plans shall comply with the 2001 California Building Code (CBC), 2001 California Mechanical Code (CMC), 2001 California Plumbing Codes (CPC), 2001 California Electrical Code (CEC), California Title 24 Accessibility Regulations, Title 24 Energy Regulations, City Ordinances, and State and Federal laws and regulations. Building plan check submittal shall include the following: . Seven (7) sets of construction plans, including drawings for mechanical, plumbing and electrical. . Two (2) copies of structural calculations. . Note on plans that no field changes shall be made without prior approval from the Building Official and architect or engineer of record. Prior to issuance of a Building permit having valuation of $50,000 or greater, the applicant shall submit for approval by the City of Tustin, Construction & Demolition (C&D) debris collection, disposal, and diversion information on the city prescribed form. At least 50 percent of the construction debris shall be diverted from landfill to a recycling plant(s). A security deposit in amount of $50 per ton (not to exceed $5,000 per project) for a C&D security deposit will be collected prior to issuance the permit. Prior to a final inspection, the project proponent must submit documents to the City of Tustin (i.e. receipt from vendor) showing the actual weight or volume of each material of C&D diverted to the recycling center. The applicant shall provide to the Orange County Health Care Agency (OCHCA) a report on the findings of the most r~cent soil samples collected. These findings will allow OCHCA to evaluate the levels of hydrocarbons and ground water contamination found on the site. The applicant shall comply with all City policies regarding short term construction emissions, including periodic watering of the site and prohibiting grading during second stage smog alerts and when wind velocities exceed 15 miles per hour. Zoning Administrator Action 05-012 Conditional Use Permit 05-008 Exhibit A Page 4 (5) 2.5 During construction, an appropriate safety barrier around all areas of trenching and equipment installation shall be provided. All open trenches shall be covered with metal plating during non-construction hours or when not actively being implemented. PUBLIC WORKS DEPARTMENT (1 ) 3.1 (1 ) 3.2 (1 ) 3.3 (1) 3.4 (1) 3.5 (1) 3.6 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. The applicant shall comply with the City of Tustin's Standard Drawings and Design Standards for Public Works Construction standards or to the satisfaction of the City Engineer for all work in the public right-of-way. A 24" X 36" reproducible construction area traffic control plan, as prepared by a California Registered Traffic Engineer or Civil Engineer experienced in this type of plan preparation shall be submitted for review and approval. Prior to issuance of any permit, the applicant shall obtain a new address for the proposed temporary electric meter from the Engineering Division. Prior to final inspection, any damage done to existing street improvements and utilities shall be repaired to the satisfaction of the City Engineer. This project shall comply with all applicable provisions of the City of Tustin Water Quality Ordinance and all Federal, State, and Regional Water Quality Control Board rules and regulations. OUTSIDE AGENCIES (5) 4.1 (5) 4.2 (5) 4.3 Prior to issuance of a building permit, the applicant shall submit plans of the remediation system to the Orange County Fire Authority for review and approval. The service code for this review is 2.34. The applicant may contact OCFA at 714-573-6100 or visit the OCFA website to obtain a copy of the "Guidelines for Completing Chemical Classification Packets." 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. The applicant shall obtain all necessary permits from the Orange County Health Care Agency related to the operation, installation, and monitoring of the remediation system. Zoning Administrator Action 05-012 Conditional Use Permit 05-008 Exhibit A Page 5 (5) 4.4 (***) 4.5 FEES (1 ) 5.1 The applicant shall obtain all necessary clearances from the State Department of Occupational Safety and Health Administration. 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. Prior to issuance of any building permits, payment shall be made of all applicable fees based upon those rates in effect at the time of payment and are subject to change, including but not limited to, the following: a. Building plan check and permit fees to the Community Development Department. b. Orange County Fire Authority plan check and permit fees to the Community Development Department. c. 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 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.