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HomeMy WebLinkAboutZA 94-019/DR 94-036 1 ZONING ADMINISTRATOR ACTION 94-019 DESIGN REVIEW 94-036 DECEMBER 5, 1994 2 3 The Zo:ning Administrator of the City of Tustin does 4 hereby'resolve as follows: 5 I. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The Zoning Administrator finds and determines as follows: A. That a proper application, Design Review 94- 036, was filed by Delta Environmental Consultants, Inc. on behalf of Exxon Corporation to permit the location of soil remediation equipment at the gasoline service station located at 14082 Redhill Avenue. B. That 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 to the general welfare of the City of Tustin as evidenced by the following findings: 1. The removal and treatment of contaminated vapors in the soil from the property located at 14082 Redhill Avenue is a necessary process required by public health care agencies. Removing contaminates from the soil will benefit the environment, thus enhancing the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of the temporary soil remediation equipment. 2 . The installation of the extraction and treatment equipment to be located on the subj ect site is temporary and will be removed upon completion of the process. Potential adverse impacts related to aesthetic, noise or general safety of the temporary location of the equipment will be mitigated by Conditions of Approval referred to herein as Exhibit A. The installation and operation of the soil remediation equipment is subject to monitoring by the Orange County Health Care Agency, the South Coast Air Quality Management District, and the Orange County Fire Department. Zoning Administrator Action 94-019 Page 2 1 c. That the proposed project is categorically exempt (Class 1) pursuant to the California Environmental Quality Act 15301. 2 3 D. That this project has been reviewed for consistency with the Air Quality Sub-Element of the ci ty of Tustin General Plan and has been determined to be consistent or has been conditioned to be consistent with the Air Quality Sub-Element. 4 5 6 7 II. The Zoning Administrator hereby approves Design Review 94-036 to permit the location of soil 8 r~mediation equipment at the gasoline service station located at 14082 Redhill Avenue, subject to 9 the conditions contained in Exhibit A, attached hereto. 10 PASSED 11 Zoning 1994. 12 13 14 15 16 AND ADOPTED at a regular meeting of the Tustin Administrator, held on the 5th day of December, CHRISTINE A. SHIN Zoning Administr 17 ~d~ il - ~ 18 BARBARA REYE:~- Recording Secretary 19 STATE OF CALIFORNIA 20 COUNTY OF ORANGE CITY OF TUSTIN 21 26 I, BARBARA REYES, 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. 94-019 was duly passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 5th day of December, 1994. ~<~~ BARBARA REYES Recording Secretary 22 23 24 25 27 28 EXHIBIT A ZONING ADMINISTRATOR ACTION 94-019 CONDITIONS OF APPROVAL DESIGN REVIEW 94-036 DECEMBER 5, 1994 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans dat~ stamped December 5, 1994 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 Unless otherwise specified, the conditions contained in the Exhibit shall be complied with prior to the December 9, 1994 expiration of the Temporary Use Permit for the vapor extraction equipment, subject to review and approval by the Community Development Department. (1) 1.3 The applicant shall sign and return an Agreement to Conditions Imposed form prior to the December 9, 1994 expiration of the Temporary Use Permi t for the vapor extraction equipment. (1) 1.4 The applicant and property owner shall hold harmless and defend the City of Tustin for all claims and liabilities arising out of the City's approval of the entitlement process for this project. (1) 1.5 All equipment related to the vapor extraction process shall be removed within thirty days of completion of the extraction and treatment process. This approval shall be valid for a period of time not to exceed 12 months from the date of this Exhibit. An extension may be granted by the Zoning Administrator should the extraction process require additional time. Said extension request shall be made to the Community Development Department at least 30 days prior to the expiration of the terms of this Design Review. (1) 1.6 All required approvals shall be obtained from the Orange County Health Care Agency, .Fire Department, South Coast Air Quality Management District and the California Water Quality Control Board. SOURCE CODES (1) (3) (5) (7) *** STANDARD CONDITION UNIFORM BUILDING CODE/S RESPONSIBLE AGENCY PC/CC POLICY EXCEPTION (2) (4) (6) CEQA MITIGATION DESIGN REVIEW LANDSCAPING GUIDELINES Exhibit A - .Zoning Administrator Action 94-019 Design Review 94-036 Page 2 SITE AND BUILDING CONDITIONS (2) 2.1 A note shall be provided on the plans submitted to plan (4) check that "all openings in the fence enclosure shall be locked." (2) 2.2 If necessary, the applicant shall install muffling devices to meet City Noise Ordinance requirements prior to operation of the soil remediation equipment. Immediately upon installation the applicant shall perform a 24 hour noise test to verify that the equipment complies wi th the ci ty' s Noise Ordinance requirements for commercially zoned property of 60 dBa at any time (Section 4614(a)). Since the equipment will be approximately fifty (50) feet from residential property, the applicant shall be required to meet the City's Noise Ordinance requirements for residentially zoned property of 55 dBa during the day and 50 dBa at night in the event of complaints from nearby property owners and/ or tenants. The previously posted deposit of $250 shall be held by the City to cover the cost of one additional noise test by the ci ty Noise Consul tant, if needed. The cost of any further testing shall be absorbed by the applicant. *** 2. 3 A minimum 24 inch X 24 inch sign noting a telephone number wi th hours of operation for complaints on the vapor recovery extraction system shall be provided on the existing fence enclosure proposed for the equipment. (4) 2.4 A chain link fence with tan slats shall be maintained to a height of 6'0" to visually screen the soil remediation equipment. FEES (1) 3.1 Within 48 hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashiers check payable to the COUNTY CLERK, in the amount of $25.00 to enable the City to file with the County Clerk, the appropriate environmental documentation pursuant to the California Environmental Quality Act. If within such 48 hours period, the applicant has not delivered to the Community Development Department the above noted check, the approval for the project granted herein shall be considered automatically null and void.