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HomeMy WebLinkAboutZA 95-005 / DR 95-014 1 ZONING ADMINISTRATOR ACTION 95-005 DESIGN REVIEW 95-014 2 APRIL 17, 1995 3 The Zoning Administrator of the city of Tustin does hereby resolve as follows: 4 I. 5 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 95- 014, was filed by Brown and Caldwell on behalf of Atlantic Richfield Company to permit the installation of soil remediation equipment'at the gasoline service station located at 13742 Red Hill 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 13742 Red Hill 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 subject site is temporary and will be removed upon completion of the process. The temporary equipment will be located approximately feet from the nearest residentially zoned property. 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 95-005 Page 2 1 2 C. That the proposed project is categorically exempt (Class 1) pursuant to the California Environmental Quality Act 15301. 3 4 II. The Zoning Administrator hereby approves Design Review 95-014 to permit the install~tion of soil 5 remediation equipment at the gasoline service station located at 13742 Red Hill Avenue, subject 6 to the conditions contained in Exhibit A, attached hereto. 7 PASSED AND ADOPTED at 8 Zoning Administrator, 1995. Tustin Apr iI, 9 10 11 12 13 14 ~R{fr-- 15 Recording Secretary 16 STATE OF CALIFORNIA COUNTY OF ORANGE 17 CITY OF TUSTIN 18 I, BARBARA REYES, the undersigned, hereby certify that I am the Recording Secretary of the Zoning Administrator of 19 the City of Tustin, California; that Zoning Administrator Action No. 94-005 was duly passed and adopted at a 20 regular meeting of the Tustin Zoning Administrator, held on the 17th day of April, 1995. 21 22 23~~ BARBARA REYE 24 Recording Secretary 25 26 27 28 EXHIBIT A ZONING ADMINISTRATOR ACTION 95-005 CONDITIONS OF APPROVAL DESIGN REVIEW 95-014 APRIL 17, 1995 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans dated stamped April 17,1995 on file with' the Community Development Department as herein modified or as modified by the Zoning Administrator in accordance with this Exhibit. (1) 1.2 Unless otherwise specified, the conditions contained in the Exhibit shall be complied with prior to the issuance of any building permits for the project, subject to review and approval by the Community Development Department. (1) 1.3 Design review approval shall become null and void unless all building permits are issued within eighteen (18) months of the date of this Exhibit. (1) 1.4 The applicant shall sign and return an Agreement to Conditions Imposed form prior to issuance of building permits. (1) 1.5 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) 1.6 All equipment related to the vapor extraction process shall be removed within thirty days of completion of the extraction and treatment process. This permit shall be valid for a period of time not to exceed 36 months from the date that building permits are issued. 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. SOURCE CODES (1) STANDARD CONDITION (3) UNIFORM BUILDING CODEtS (5) RESPONSIBLE AGENCY (7) PC/CC POLICY *** EXCEPTION (2) CEQA MITIGATION (4) DESIGN REVIEW (6) LANDSCAPING GUIDELINES Exhibit A Zoning Administrator Action 95-005 Design Review 95-014 Page 2 PLAN SUBMITTAL (5) 2.1 At building plan check submittal: A. Provide manufacturers listings and requirements for structural support. (5) (5) (5) (5) (5) F. (3) G. (5) H. B. Provide a note on plans that "Final soils report and certification shall be submitted to the City inspector prior to final inspection. Soils report shall include soils/water contaminants analysis, and 90% compaction requirements." C. Provide site planes) showing the location and elevation of contamination and the required piping. D. Provide correct address, tract number assessor's parcel number on the plans. and E. Provide a list describing the work and method of performing the work. Provide clearances from the Orange County Heal th Dept. and California Water Quality Control Board. Preliminary technical detail and plans for all utility installations including water and electricity. Additionally, a note on plans shall be included stating that no field changes shall be made without corrections submitted to and approved by the Building Official. Requirements of the Uniform Building Plumbing, Mechanical and Electrical Codes shall be complied with as approved by the Building Official. Information to ensure compliance with Articles 79 and 82 of the Uniform Fire Code and all requirements of the Orange County Fire Department pertaining to treatment and handling of flammable, volatile and/or hazardous substances, including but not limited to the following: 1. Soil remediation tanks shall be self-contained in design to accommodate 100% of contents in event of a leak/spill. 2 · All dispensing systems shall be secure and meet Fire Marshall standards. 3. All pumps shall be U.L. approved. Exhibit A Zoning Administrator Action 95-005 Design Review 95-014 Page 3 4. The applicant shall provide the following written notifications: a. Anticipated start-up dates, prior to operations; and and completion commencement of b. Actual completion of operations. 5. The applicant shall obtain applicable permits for hazardous operations. 6. The applicant shall file all applicable hazardous material disclosure statements with the Fire and Health Departments. (5) I. Fire Department final inspection will be required. Please schedule for an inspection two (2) days in advance at (714) 832-1011. SITE AND BUILDING CONDITIONS (2) 3.1 Note on plans that all openings in the fence enclosure (4) shall be locked. (2) 3.2 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 muffled equipment complies with the City's Noise Ordinance requirements for commercially zoned property of 60 dBa at any time (Section 4614(a)). since the equipment will be approximately 66 feet from residential properties, the applicant shall be required to meet the ci ty' 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. Prior to operation of the soil remediation equipment, the applicant shall post a deposit of $250 to cover the cost of one additional noise test by the City Noise Consultant. The cost of further testing shall be absorbed by the applicant. *** 3.3 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. Exhibit A Zoning Administrator Action 95-005 Design Review 95-014 Page 4 FEES (1) 4.1 All building permit and plan check issuance fees shall be paid to the Community Development Department prior to building permit issuance. Payment will be required based upon those rates in effect at the time of payment. and are subject to change. (1) 4.2 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.