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HomeMy WebLinkAboutZAA 20-002 ZONING ADMINISTRATOR ATOF ACTION'2 -002 CONDITIONAL-USE PERMIT 2019-00024 13011 — 13051 NEWPORT AVENUE The Zoning Administrator of the City of Tustin does hereby resolve as follows: 1. The Zoning Administrator finds and determines as follows: A. That a proper application for Conditional Use Permit CUP 2019- 00024 was filed by Carol De ier-Heeney of DLA Installation Management for Energy, Dl1 -FEE, on behalf of the property owners, Lafayette Plaza Investors LP, requesting authorization to install and operate a soil remediation system. with below ground; conveyance { piping associated with the contamination of the EI Toro Pipeline lel'ease clean-up project for up to five years located at 13011- 13051 11- 13051 r Avenue AP l s 401-221-25, 01-221-1 and 401- 281- 0 - 2 1-19 ; ,. B. In accordance with Tustin City Code Section 9299b , the Zoning Administrator is authorized to consider specified development applications for soil rernediation activities subject to a CUP; C. The project has been determined to be consistent with the Air Quality Sub-element of the Citi of Tustin General Plan in that Policy 1.6 of the Sub-element encourages cooperation and participation in regional air quality management plans, programs, and enforcement measures.; and D. 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 nor be injurious or detrimental 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 placement and operation of the soil vapor extraction system is necessary to facilitate soil remediation as required by the Orange County Health Care Agency CINCA and Santa Ana Regional Water Quality Board SARWQCB . 5 2 The installation and operation of extraction and treatment equipment would be temporary for a period up to five 5 years and will be removed and the site restored at that time or earlier upon completion-of the process. Zoning Administrator Action 20-002 Conditional Use Permit 21019-1000,24 130,11-13,051 NewportAvenye, Page 2 3) Removing contaminates, from the, soil and groundwater would fit v -nent and protect the health, safety, morals,, benethe, enironi comfort, and generalwelfare of persons residing or, working in the neighborhood and improve the condition of the property. 4) 'The temporary equipment enclosure will be, located at the northeast corner of' the Lafayette Plaza shopping center I A (behind the existing, Tustin Brewing Company) and will be screened from view, at the, Public right-of-way. 0 '0 5) The equipment is, required to comply with the Tustin No'se Ordi,nance. Sound, attenuation blanke s will also be ufil'zed for, sou nd attenuation., As conditioned, the nolse, levels, may be verified Prior to final inspection, and the, applicant, required to install, additional sound insulation materials as, deemed necessary by,the Community Development Director. 6) As conditioned, the use would be approved by the, City, of' Tustin and monitored' by the OCHCA, SAR,WQCB, and the SCAQMD and any other required agencies. E. That thils, pro,ject, is categorically exempt pursuant to Section 15,330, Article, 19,, Class 30, of Title 14, Chapter 3 of the California Code, of Regulations (Gul1nes for, the California Environmental Quality Act), F. That a public hearing was duly called, noticed, and held on said application on February 27, 1, by the Zonifl,g Administrator'. 11. The Zoning Administrator hereby approves, CUP 20119-00024 authorizing the installation and, operation of a soil remediation system with below ground clonveyance piping at 130111-13051 Newport Avenue, 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, 271hday of February, 20,201. ............ DANA, OG,DCW' ZONING ADMINISTRAAOR VERX'tIkAf�ff'O', RECORDING SECRETARY I Zoning Administrator Action 20-0021 Conditional Use Permit 2019-000,24 13011-13051 Newport Avenue Page 3 STATE, OF CALIFORNIA. COUNTY OF GRANGE CITY OFTUSTIN 11, VER,A TISGARENO, the undersigned, hereby c I am the Recording Secretary ofthe Zoning Administrator of the it , of' 'Tustin, California; that Zoning ,Admin�istrafor Action No. 20-002 passed and adopted at a regular meefing ofthe Tustin Zoni g AdMinistrat"or, held on the 27"th day of February,,, 2,020. V 'T EI'kA" ItC R NbN RECORDING SECRETARY 0 EXHIBIT CONDITIONS of APPROVAL CONDITIONAL USE PERMIT 2019-00024 13011-13051 NEWPORT AVENUE GENERAL 'I 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped February 27, 2020, on file with the Community Development De'artment, as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The Director of Community Development may also approve subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City code (TCC). (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 o days prior to expiration. (1) 1.3 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified, subject to review and approval by the Community Developments Department. (1) 1,4 Approval of Conditional Use Permit CUP 2019-90924 is contingent upon the applicant and 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 Any violation of any of the conditions. imposed is subject to issuance of an admin' istr tive citation pursuant to TCC 1162(a). 1 1. The aplicant shall be responsible for costs associated with any necessary code enforcement action, including attorney's .fees, subject to the applicable notice, Inuring, and appeal process as established by the City Council by ordinance. (1) 1. As a condition -of approval of CUP 2019-00024 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 CCP 2019-00024 February 2 , 2020 Page 2 f any such action under this condition. USE RESTRICTIONS s (1) This CIDP 2019-00024 shall be valid for a period of five years. (1) The soil vapor extraction (SVE) and all associated equipment shall b removed upon completion of the remediation process pursuant t clearance from the Orange County Health Care Agency CHCA , or n later than 30 days from the expiration of this permit, whichever comes first. The property owner shall provide the Community Development Director with the most current soil remediation status report prepared for OCHCA. The Community Development Director may grant time extensions. if a written' request is received by the Community Development Department within thirty 3 days prior to expiration. (1) 2.3 A demolition landscape plan shall be provided at the time f initial installation of the S E well and related equipment illustrating all landscaping to be removed and the location of the eight foot ITh fencing. (1) 2,4 Upon completion of the r rn diati n and removal of all associated equipment, the site shall be restored to its pre-existing condition, including the replacement of all trees and shrubs. A landscape plan shall b provided to the City demonstrating the replacement of trees and shrubs t the site along with neer permanent screening for the existing Southern California Edison transformer and/or other enhancements to the site. Said landscape plan shall be subject to the review and approval of the Community Development Department. (1) 2.5 The entire remediation system, including soil vapor well and equipment, shall not be visible from the public right-of-way. Screening of said equipment shall consist of an eight foot high chain-link fence with redwood privacy slats and sound dampening blankets. On-going maintenance of the fence and screening shall be the responsibility of the applicant. (1) 2.6 The applicant shall obtain approval from affected easement holders of temporary construction activities 'in any easement area at least ten 1 days prior to commencement of construction in the easement area. SOURCE CODES 1 STANDARD CONDITION RESPONSIBLE NSIBLE AGENCY ( CEQA MITIGATION REQUIREMENTS UIF EMENTS { CALIFORNIA BUILDING CODE(S) LANDSCAPING GUIDELINES DESIGN REVIEW PCICC POLICY *' ` EXCEPTIONS CUP 2019-00024 February 27, 2020 Page (1) 2.7" Prior to final inspection of the equipment, the applicant shall obtain decibel reading of the soil remediation equipment to evaluate that the equipment produces no more than 60 decibels of noise in compliance with TCC Section 4614. if the reading determines that noise thresholds are exceeded, the Community Development Director may require the applicant provide mitigation measures and install additional sound insulation materials. The applicant shall bear all associated costs. (1) 2,8 Contaminated material may not leave the site except as described in Condition No. 4.4. All necessary precautions and preventative measures shall be in plana to prevent material from being washed array by surface garters or blown by Arvind. These controls shall be in accordance with SCA l 1D Rule 1166. 1 2.9 All necessary precautions and preventive measures such as Best Management Practices shall be implemented to prevent the flow of contaminated water off-site. Contaminated grater includes any grater from leaking galls or soil larders water fromon-site construction activity. PLAN SUBMITTAL (1) 3.1 All construction shall comply with 2919 California Building Coda, California (5) Mechanical Code, Californias Electrical Code, California Plumbing Code, Californian Green Code and California Energy Code. (1) 3.2 The applicant shall obtain any necessary permits including, but not limited to, electrical permits. (3) 3.3 Prior to any work in the work in the public right-of-way, an Encroachment Permit shall be obtained from and applicable fees paid to the Public Works Department. (3) 3A Prior to issuance f an Encroachment Permit, the applicant shall submit t the Public Works Department 24" 36'} reproducible street improvement plans, as prepared by ar California Registered Civil Engineer, for approval. (3) 3.5 Prior to issuance of an Encroachment Permit, the applicant shall submit t the Public Works Department, a 24" x 36" construction area traffic control SOURCE CODES (1) STANDARD CONDITION RESPONSIBLE NSIBLE AGENCY } (2) CE( A MITIGATION REQUIREMENTS CALIFORNIA BUILDING CODES LANDSCAPING GUIDELINES DESIGN REVIEW IEW 7 PC/CC POLICY #"`* EXCEPTIONS CLAP 019-00024 February 27, 2020 Page plan, as prepared by a California Registered. Traffic Engineer, or Civil Engineer experienced in this type of plan preparation, shall be prepared and submitted to the Public Works Department for approval. (1) 3.6 Construction and Demolition Waste [recycling and Reduction tin Plan (WRRP). The applicant/contractor is required to submit a WRRP to the Public Works Department. The WRRP must indicate how r the applicant will comply with the City's requirement (TCC Section 4351, et al) to recycle at least 65 percent of the project waste material or the amount required by the California Green Building standards Code. a. The applicant will be required to submit a fifty-dollars ($50.00) application fee and a cash security deposit. Based on the review of the submitted Waste Management Plan, the Cash security deposit in the amount of fare percent of the project's valuation as determined by the Building Official, rounded to the nearest thousand. The deposit amount will be Collected in accordance with the TCC. b. Prior to issuance of any permit, the applicant shall submit the required security deposit in the form of Cash, cashier's Check, personal check, or money order made payable to the "City of Tustin". (1) Prig to issuance of any permit, the applicant shall provide written East Orange County Water District approval of sanitary sever connection. (1) 3.8Prig to any work within the designated -serer easement area along Newport Avenue, the applicant shall notify the Orange County Sanitation District and obtain the necessary authorization to work within the area. (1) 3.9 Any damage done to existing public street improvements and r utilities shall be repaired to the satisfaction of the City Engineer. OUTSIDE AGENCIES (1) A The applicant shall obtain all necessary permits from the SCA MD, related t the operation, installation, and monitoring f the subject site and equipment. SOURCE CODES 1 STANDARD CONDITION F ESP NSIBLE AGENCY CY CEQA MITIGATION REQUIREMENTS CALIFORNIA BUILDING CODE(S) LANDSCAPING GUIDELINES DESIGN REVIEW IEW PC/CC POLICY ' "" EXCEPTIONS CUP 2019-00024 February 2 , 2020 Page (1) The applicant shall obtain all necessary permits and approvals from the Orange County Fire Authority, the OCHCA or the Santa Ana Regional later Quality Control Board related to operation, installation, and monitoring of the subject site and equipment, if applicable. 5 (1) 4,3 The applicant shall obtain all necessary clearances from the State Department of Occupational Safety and Health Administration and the Department of Toxic Substances Control, if applicable. (1) 4,4 All contaminated material being transported must be manifested and may only be carried by a waste hauler licensed to transport the material being hauled. copy of the appropriate waste hauler permit shall be provided to the City prig- to transportation of hazardous material off-site. Tran p riati n 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, 0 California Division of Occupational Safety and Health Administration FEES (1) Within forty-eight hours of approval of the subject project, the applicant shall deliver to the Community Development Department, acashier's check payable to the COUNTY CLERK in the amount of fifty dollars ($50.00) to enable the City to fila the appropriate environmental documentation for the project. if within such forty-eight hour period the applicant has not delivered to the Community Development Departm ent 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. (1) Prig to issuance of any permits, payment shall be made of all applicable fees, including but not flmited to, the following": a. Building, Planning and Public Works plan check and permit fees b. Orange County Health Care agency (Environmental Health) SOURCE CE CODES {1) STANDARD CONDITION 6 RESPONSIBLE AGENCY 2 GEQA MITIGATION REQUIREMENTS CALIFORNIA BUILDING CODE(S) 6 LANDSCAPING GUIDELINES DESIGN REVIEW PC CC POLICY EXCEPTIONS