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HomeMy WebLinkAboutZAA 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. II. 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. 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. ~A -!fJ*- Dana Ogdon ACTING ZONING ADMINISTRATOR ~dik 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. E~ olse arns RECORDING SECRETARY (1 ) (1) GENERAL (1 ) (1 ) (1) 1.3 EXHIBIT A CONDITIONS OF APPROVAL ZONING ADMINISTRATOR ACTION 05-012 CONDITIONAL USE PERMIT 05-008 1.1 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. 1.4 1.5 1.2 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 ) 1.6 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. (1 ) 1.7 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. (1 ) 1.8 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. (1 ) 1.9 The block wall and chain link fence/gates with plastic slats shall be painted to match the color of the existing building. (1 ) 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 ) 2.2 (1 ) 2.3 (1) 2.4 2.1 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 recent 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) (1 ) (1 ) (1) 3.4 (1) 3.5 (1) 3.6 3.1 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. 3.2 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. 3.3 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.