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HomeMy WebLinkAboutZAA 20-006 DocuSign Envelope ID:AC570271-1655-4CC3-AA57-185353211190 ZONING ADMINISTRATOR ACTION 20-006 CONDITIONAL USE PERMIT 2020-0005 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 (CUP) 2020-0005 was filed by Cory Davis of Arcadis U.S. Inc. for Chevron Environmental Management Company (CEMC), on behalf of the property owners, Mr. John Yeginian (Valero Auto Service Center) requesting authorization to install and operate a soil vapor extraction (SVE) remediation system at an existing compound for three (3) years located at 14501 Red Hill Avenue. B. That the property is zoned Red Hill Avenue Specific Plan 13 (SP 13) and designated by the General Plan as Red Hill Avenue Specific Plan (RHASP) Pursuant to TCC Section 9291, installation of a soil remediation system requires approval of a Conditional Use Permit. C. In accordance with Tustin City Code (TCC) Section 9299(b)(4)(a), the Zoning Administrator is authorized to consider specified development applications for soil remediation activities subject to a CUP. D. The project has been determined to be consistent with the Air Quality Sub- element of the City 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 E. 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 SVE system is necessary to facilitate soil remediation as required by the Orange County Health Care Agency (OCHCA)and Santa Ana Regional Water Quality Control Board (SARWQCB). 2) The installation and operation of extraction and treatment equipment would be temporary for a period up to three (3) years and will be removed and the site restored at that time or earlier upon completion of the process. DocuSign Envelope ID:AC570271-1655-4CC3-AA57-185353211190 3) Removing contaminates from the soil and 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 entire updated remediation system, including soil vapor well and equipment, shall be minimally visible from the public right-of-way. Said equipment shall be located within an existing enclosure which consists of an existing six (6) foot high block wall on three (3) sides and an existing (6)foot high chain-link fence with plastic slates and gate. The applicant shall maintain the existing chain link fence and screening at all times. 5) The equipment is required to comply with the Tustin Noise Ordinance. Sound attenuation blankets will also be utilized for sound attenuation. As conditioned, the noise levels may be verified prior to final inspection and the applicant is 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, SARWQCB, and the South Coast Air Quality Management District (SCAQMD) and any other required agencies. F. That 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). G. That a public hearing was duly called, noticed, and held on said application on May 5, 2020, by the Zoning Administrator. II. The Zoning Administrator hereby approves CUP 2020-0005 authorizing the installation and operation of a SVE remediation system at 14501 Red Hill Avenue, subject to the conditions contained within Exhibit A attached hereto. DocuSign Envelope ID:AC570271-1655-4CC3-AA57-185353211190 PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular meeting held on the 5t" day of May, 2020. 05/05/20 20 ELIZABETH A. BINSACK ZONING ADMINISTRATOR Uwa 'rsu a 05/05/20 20 VERA TISCARENO RECORDING SECRETARY STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, VERA TISCARENO, 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. 20-006 passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 5t" day of May, 2020. Vwx -hS b 05/05/20 20 VERA TISCARENO RECORDING SECRETARY DocuSign Envelope ID:AC570271-1655-4CC3-AA57-185353211190 EXHIBIT A POTENTIAL CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 2020-0005 14501 RED HILL AVENUE GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped May 5, 2020, on file with the Community Development Department, 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 (30) 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 Development Department. (1) 1.4 Approval of Conditional Use Permit (CUP)2020-0005 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 administrative citation pursuant to TCC 1162(a). (1) 1.6 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney's fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. (1) 1.7 As a condition of approval of CUP 2020-0005, 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 DocuSign Envelope ID:AC570271-1655-4CC3-AA57-185353211190 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. USE RESTRICTIONS (1) 2.1 The approval for an updated remediation system is valid for three (3) years. At time of expiration, the site shall be restored to the original condition. (1) 2.2 The entire updated remediation system, including soil vapor well and equipment, shall be minimally visible from the public right-of-way. Said equipment shall be located within an existing enclosure which consists of an existing six (6) foot high block wall on three (3) sides and an existing (6) foot high chain-link fence with plastic slates and gate. The applicant shall maintain the existing chain link fence and screening at all times. (1) 2.3 The applicant shall obtain approval from affected easement holders of temporary construction activities in any easement area at least ten (10) days prior to commencement of construction in the easement area. (1) 2.4 Prior to final inspection of the equipment, the applicant shall obtain a decibel reading of the soil remediation equipment to evaluate that the equipment produces no more than sixty (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) 2.5 Contaminated material may not leave the site except as described in Condition No. 4.4. All necessary precautions and preventative 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 SCAQMD Rule 1166. (1) 2.6 All necessary precautions and preventive measures such as Best Management Practices shall be implemented to prevent the flow of contaminated water off-site. Contaminated water includes any water from leaking wells or soil laden water from on-site construction activity. DocuSign Envelope ID:AC570271-1655-4CC3-AA57-185353211190 PLAN SUBMITTAL (1) 3.1 All construction shall comply with 2019 California Building Code, California (5) Mechanical Code, California Electrical Code, California Plumbing Code, California Green Code and California Energy Code. (1) 3.2 The applicant shall obtain any necessary permits including, but not limited to, electrical and mechanical permits. (3) 3.3 Prior to any work in the public right-of-way, an Encroachment Permit shall be obtained from and applicable fees paid to the Public Works Department. This includes, but not limited to the soil boring proposed on Westfall Road. (1) 3.5 Construction and Demolition Waste Recycling and Reduction Plan (WRRP). The applicant/contractor is required to submit a WRRP to the Public Works Department. The WRRP must indicate how the applicant will comply with the City's requirement (TCC Section 4351, et al) to recycle at least sixty-five (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-dollar ($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 five (5) 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) 3.7 Any damage done to existing public street improvements and/or utilities shall be repaired to the satisfaction of the City Engineer. OUTSIDE AGENCIES (1) 4.1 The applicant shall obtain all necessary permits from the SCAQMD, related to the operation, installation, and monitoring of the subject site and equipment. DocuSign Envelope ID:AC570271-1655-4CC3-AA57-185353211190 (1) 4.2 The applicant shall obtain all necessary permits and approvals from the Orange County Fire Authority, the OCHCA or the Santa Ana Regional Water Quality Control Board related to operation, installation, and monitoring of the subject site and equipment, if applicable. (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. 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 FEES (1) 5.1 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 fifty dollars ($50.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period the 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. (1) 5.2 Prior to issuance of any permits, payment shall be made of all applicable fees, including but not limited to, the following: a. Building, Planning and Public Works plan check and permit fees. b. Orange County Health Care agency (Environmental Health).