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HomeMy WebLinkAboutZA 96-004/DR 96-007 1 ZONING ADMINISTRATOR ACTION 96-004 DESIGN REVIEW 96-007 2 APRIL 1, 1996 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 96-007, was filed by Chevron U.S.A. to authorize the temporary installation of soil remediation equipment on the property located at 13052 Newport 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 13052 Newport 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 equipm~nt will be located approximately 700 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 Authority. c. That the proposed project is categorically exempt (Class 1) pursuant to the California Environmental Quality Act 15301. Zoning Administrator Action 96-004 Page 2 1 2 3 4 II. The Zoning Administrator hereby approves Design Review 96-007 to authorize the installation of soil remediation 5 equipment on the property located at 13052 Newport Avenue, subject to the conditions contained in Exhibit A, 6 attached hereto. 7 PASSED AND ADOPTED at a regular meeting of the Tustin Zoning Administrator, held on the 1st day of April, 1996. 8 9 ~~ 10 11 RI CK BROWN Zoning Administrator 12 13 BARBARA RE~ Recording Secretary 14 15 STATE OF CALIFORNIA 16 COUNTY OF ORANGE CITY OF TUSTIN 17 I, BARBARA REYES, the undersigned, hereby certify that I am 18 the Recording Secretary of the Zoning Administrator of the City of Tustin, California; that Zoning Administrator Action 19 No. 96-004 was duly passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 1st day of April, 20 1996. 21 22 BARBARA RE~ Recording Secretary 23 24 25 26 .27 28 EXHIBIT A ZONING ADMINISTRATOR ACTION 96-004 CONDITIONS OF APPROVAL DESIGN REVIEW 96-007 APRIL 1, 1996 GENERAL (1) 1.1 The proposed proj ect shall substantially conform wi th the submitted plans, date stamped April 1, 1996, 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 permi ts for the proj ect, subj ect to review and approval 'by the Communi ty Development Department. (1) 1.3 Design review approval shall become null and void unless all building permits are issued within eighteen (18) months from 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) (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 95-004 Conditions of Approval Page 2 PLAN SUBMITTAL (5) 2.1 At building plan check submittal: (5 ) (5) (5 ) (3) E. (5 ) F. A. Provide manufacturers listings and requirements for structural support of the remedial equipment. B. Provide site plan(s) showing the location and elevation of contamination and the required piping. C. Provide a list describing the work and method of performing the work. D. Provide clearances from the Orange County Heal th Care Agency, the South Coast Air Quality Management District and the California Water Quality Control Board, as necessary. Provide preliminary technical details 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. Provide information to ensure compliance with Articles 79 and 82 of the Uniform Fire Code and all requirements of the Orange County Fire Authority pertaining to treatment and handling of flammable, volatile and/or hazardous substances, including but not limited to the following: 1 . Soil remediation tanks, if any, 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. 4. The applicant shall provide the following written notifications: Exhibit A Zoning Administrator Action 95-004 Conditions of Approval Page 3 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 Care Agency. (5 ) G. Fire Authority final inspection will be required. Please schedule for an inspection two. (2) days in advance at (714) 832-1011. H. A licensed Mechanical Engineer shall stamp and wet sign all sheets of plans. A valid license expiration date shall be appropriately indicated. SITE AND BUILDING CONDITIONS (4) 3.1 The remediation compound or enclosure shall be constructed of concrete masonry block texture coated and painted to match the existing adjacent trash enclosure. (4) 3.2 The remediation compound shall have a solid metal gate, constructed and painted to match that of the existing adjacent trash enclosure. (2) 3.3 Note on plans that the gate on the enclosure shall be locked at all times. 3.4 All areas, especially paved circulation areas, disturbed by trenching for the purpose of installing piping and vapor extraction wells, shall be repaired and replaced to match the existing surrounding areas. 3.5 Any equipment, piping or vent extending above the height of the remediation compound or enc.losure shall be painted a neutral grey, subject to final approval by the Community Development Department. (2) 3.6 The applicant shall install muffling devices to meet City Noise Ordinance requirements prior to operation of the Exhibit A Zoning Administrator Action 95-004 Conditions of Approval Page 4 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 a maximum of 60 dBa at any time (Section 414(a). (1) 3.7 A minimum 24-inch by 24-inch sign noting a telephone number with hours of operation for complaints on the vapor recovery extraction system shall be provided on the exterior wall of the remediation enclosure. (5) 3.8 Any utility connections within the public right-of-way will require a permit from the Public Works Department jEngineering Division. 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 $38.00 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. PR:br:95-004.zaa