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HomeMy WebLinkAboutZAA 05-008ZONING ADMINISTRATOR ACTION 05-008 CONDITIONAL USE PERMIT 05-011 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 05-011 was filed by Shell Oil Products, U.S., requesting authorization to temporarily operate a soil vapor and groundwater extraction unit to remove hydrocarbons from the soil and groundwater under an existing vehicle fueling and repair station located at 13891 Red Hill Avenue. B. In accordance with Tustin City Code Section 9270b(d), the removal of earth is allowed in any zoning district with an approved conditional use permit. The project is consistent with the Community Commercial land use designation of the City of Tustin General Plan because the remediation activity is consistent with the goal of revitalizing an older commercial property through the remediation activities at a contaminated fueling station. In accordance with Tustin City Code (TCC) Section 9299(b)(4), the Zoning Administrator can approve conditional use permits for soil 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 Policy 3.1 of the Sub- element encourages the minimization of particulate emissions. 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 soil vapor and groundwater extraction equipment is necessary to facilitate soil remediation as required by Chapter 6.5 of California Health and Safety Codes and Title 22 of the California Code of Regulations as administered by the Orange County Health Care Agency. Vapors removed will comply with a permit from the SCAQMD, and water disposed of in the sanitary sewer shall comply with a permit from the Orange County Sanitation District. 2) The installation and operation of extraction and treatment equipment would be temporary for a period not to exceed 18 months and will be removed upon completion of the remediation process on the site. 3) Removing contaminates from the soil would benefit the environment and protect the health, safety, morals, comfort, and general welfare of Zoning Administrator Action 05-008 Conditional Use Permit 05-011 Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ~ I, FLOR WILLIAMS, the undersigned, hereby certify that I am the Recording Secretary of the Zoning Administrator of the Ci of Tustin, alifornia, 05-08 was passed and adopted a~a regular eeting of thetTustin Zonin mistrator Action held on the 6th day of June, 2005. g Administrator, ~/ Flor Williams RECORDING SECRETARY Zoning Administrator Action 05-008 Conditional Use Permit 05-011 Page 2 persons residing or working in the neighborhood and improve the condition of the property. 4) The temporary equipment will be adequately housed within fencing and, as conditioned, will utilize noise reduction equipment to ensure that the project will comply with the noise ordinance. The Community Development Director could require the applicant to install additional sound insulation materials after the initiation of the remediation use, if needed. 5) The location of the equipment would allow the gasoline fueling station and accessory automobile repair uses to remain in business during the use of the remediation equipment. 6) As conditioned, the use would be approved and monitored by the City of Tustin, Orange County Health Care Agency, the SCAQMD, and the Orange County Sanitation District. D. 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). E. That a public hearing was duly called, noticed, and held on said application on June 6, 2005, by the Zoning Administrator. II. The Zoning Administrator hereby approves Conditional Use Permit 05-011 authorizing the operation of temporary soil remediation equipment, for up to 18 months, within temporary fencing at an existing vehicle fueling and repair facility at 13891 Red Hill Avenue, Tustin, subject to the conditions contained within Exhibit A attached hereto. PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular meeting held on the 6th day of June, 2005. ~~'~ Flor Williams RECORDING SECRETARY ~~~., Dana Ogdon ACTING ZONING ADMINISTRATOR EXHIBIT A CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 05-011 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped June 6, 2005, on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. (1) 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. (1) 1.3 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. (1) 1.4 Approval of Conditional Use Permit 05-011 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. (1) 1.5 As a condition of approval of Conditional Use Permit 05-011, 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. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENTS (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODES (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTIONS (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. (5) .1.8 Conditional Use Permit 05-011 is valid for eighteen (18) months, until December 6, 2006, or until the soil has been cleaned to the satisfaction of the Orange County Heath Care Agency (OCHCA) whichever comes first. The applicant may request that the Community Development Director extend the permit expiration date if remediation activities are shown to require longer than anticipated. Upon termination of the use, the property owner shall provide the Community Development Director with the most current soil remediation status report prepared for the OCHCA. (*) 1.9 At the completion of the remediation, the chain-link fence and equipment shall be removed and site amenities restored to pre-project conditions, configurations, and intended uses. Once the soil has been cleaned to the satisfaction of the Orange County Heath Care Agency (OCHCA), the property owner shall provide the Community Development Director with the most current soil remediation status report prepared for OCHCA. PLAN SUBMITTAL (1) 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. • Structural calculations, two (2) copies (when applicable) • Note on plans that no field changes shall be made without prior approval from the Building Official and architect or engineer of record. (5) 2.2 Prior to issuance of a demolition and/or Buildin $50,000 or greater, the applicant shall submitgoreapproval by the C ty of Zoning Administrator Action 05-008 Conditional Use Permit 05-011 Exhibit A Page 2 Tustin, Construction & Demolition (C&D) debris collection, disposal, and diversion information on the city prescribed form. At least 50% 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. (5) 2.3 During construction the project proponent shall follow the Best Management Practices (BMPs) identified in the letter dated January 18, 2005 that was submitted with the project application. Should the implemented BMPs prove to be insufficient, it is the applicant's responsibility to provide additional BMPs to ensure that all soil, pollutants, and water are contained on-site. (5) 2.4 During construction, the project proponent shall place an appropriate safety barrier around all areas of trenching and equipment installation. All open trenches shall be covered with metal plating during non-construction hours or when not actively being implemented. (5) 2.5 Prior to discharging of processed groundwater into the sewer system, water shall be deemed safe by the OCHD and the Orange County Sanitation District (OCSD) before entering the sewer system. (5) 2.6 Prior to final inspection, the Community Development Department Building Division shall obtain a decibel reading of the soil remediation equipment to evaluate that the equipment produces no more than 60 decibels of noise in compliance with Tustin City Code Section 4614. If the reading determines that noise thresholds are exceeded, the Community Development Director may require the applicant to provide mitigation measures and install sound insulation materials. The applicant shall bear all associated costs. (5) 2.7 During the life of the project, the project proponent will be required to repair any damage that the project causes to existing street improvements and/or utilities. (5) 2.8 Prior to issuance of a temporary power pole permit, the project proponent shall obtain a new address fro the electrical meter from the City of Tustin Public Works Engineering Division. (5) 2.9 Prior to any work in the public right-of-way an Encroachment Permit from the City of Tustin Public Works Engineering Division is required. Zoning Administrator Action 05-008 Conditional Use Permit 05-011 Exhibit A Page 3 USE RESTRICTIONS (5) 3.1 Contaminated material may not leave the site except as described in Condition 4.5. 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 Air Quality Management District Rule 1166. (5) 3.2 No outdoor storage shall be permitted except as approved by the Tustin Community Development Director. (5) 3.3 Upon completion of site remediation, all soil vapor extraction, groundwater extraction, and monitoring wells must be terminated in a manner acceptable to the satisfaction of the South Coast Air Quality Management District and the Orange County Health Care Agency. OUTSIDE AGENCIES (5) 4.1 The applicant shall obtain all necessa Quality Management District (SCAQMD)mlrelated tto Sheth opeaati nir installation, and monitoring of the subject site and equipment. (5) 4.2 The applicant shall obtain all necessa Sanitation District prior to disposal of purified groundwatee inOto theesan tai sewer system. rY (5) 4.3 Prior to the issuance of a buildin g permit, the project proponent shall submit plans to the Orange County Fire Authority (OCFA) for review and approval of the remediation system. As part of the approval process, the project proponent shall comply with the OCFA "Guidelines for Completing Chemical Classification Packets" which is available on the OCFA website. (5) 4.4 The applicant shall obtain all necessary clearances from the State Department of Occupational Safety and Health Administration. (5) 4.5 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. Zoning Administrator Action 05-008 Conditional Use Permit 05-011 Exhibit A Page 4 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 and; b• Orange County Fire Authority Fees. (2) 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 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.