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HomeMy WebLinkAboutCUP 01-023, DR 01-029 Community Development Department City of Tustin DATE: JANUARY 7, 2002 300 Centennial Way Tustin, CA 92780 SUBJECT: CONDITIONAL USE PERMIT 01-023 AND (714) 573-3100 DESIGN REVIEW 01-029 (AMENDMENT TO CONDITIONAL USE PERMIT 92-012) APPLICANT! PROPERTY OWNER: DARRELL FAH ATLANTIC RICHFIELD COMPANY 4 CENTER POINTE DRIVE LA PALMA, CA 90623 LOCATION: 14244 NEWPORT AVENUE ZONING: COMMERCIAL GENERAL (CG) ENVIRONMENTAL STATUS: 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). REQUEST: AUTHORIZATION TO MODIFY AND OPERATE EXISTING TEMPORARY SOIL AND GROUNDWATER REMEDIATION EQUIPMENT WITHIN AN ENCLOSURE AT AN EXISTING GAS STATION. RECOMMENDATION That the Zoning Administrator adopt Zoning Administrator Action 01-010 approving Conditional Use Permit 01-023 and Design Review 01-029. BACKGROUND The project site is located at 14244 Newport Avenue on the southeast corner of Newport Avenue and Mitchell Avenue as identified on the Location Map (Attachment A). The property is zoned Commercial General (CG) and is owned and occupied by Atlantic Richfield Company (ARCO). Adjacent uses include a restaurant to the north, single- family residential uses to the east and northeast, commercial businesses to the south and southwest, and offices and a gas station/convenience store across Newport Avenue to the west. Zoning Administrator Action 01-010 CUP 01-023, DR 01-029 January 7, 2002 Page 2 This project is part of an ongoing soil remediation action program at the existing gas station. In 1992, the Planning Commission approved Conditional Use Permit 92-012 authorizing the installation of equipment for the extraction and treatment of contaminated vapors in the soil. The equipment was located within an aboveground enclosure and has operated intermittently since 1992. It was thought that the contaminated soils were cleaned as a result of the original vapor extraction system; however, further soil and; groundwater monitoring indicates that the soil and groundwater have been additionally contaminated by the fuel stored underground. Installation of modified vapor extraction equipment would continue to clean the soil more efficiently; however, additional equipment is required to extract and treat the contaminated groundwater. In accordance with Tustin City Code Section 9270b(d), the removal of earth, other than in connection with construction of buildings, roadways, or public or home improvements, is allowed with the approval of a conditional use permit. Section 9299 authorizes the Zoning Administrator to consider conditional use permits for soil remediation. In addition, Section 9272 requires Design Review for exterior alterations. The Community Development Director deferred consideration of Design Review 01-029 to the Zoning Administrator. DISCUSSION The applicant is requesting authorization to modify and operate existing temporary soil and groundwater remediation equipment within an enclosure at an existing gas station. Per the submitted plans (Attachment B), the project includes: a) the modification of existing soil remediation equipment; b) installation of new groundwater removal/remediation equipment; and, c) the twenty-four (24) hour a day operation of all remediation equipment for a period of six (6) to eighteen (18) months. The modification includes replacing a skid-mounted internal combustion engine (with an air compressor) and installing three (3) carbon absorbers. The vapor extraction system is a self-contained unit designed to recover petroleum hydrocarbons in vapors extracted from gasoline-contaminated soil. The soil will remain in the ground during the entire remediation process. The equipment then burns the hydrocarbons and purifies the exhaust. The groundwater is similarly decontaminated through carbon absorbers; however, the "clean" water is discharged off-site. The equipment will extract vapors and groundwater from four (4) existing on-site dual phase extraction wells that, until now, have been solely for monitoring. Condition 2.9 would require the applicant to obtain a discharge permit from the Orange County Sanitation District to connect to the existing sewer system in Newport Avenue or truck the water off-site. /-. Zoning Administrator Action 01-010 CUP 01-023. DR 01-029 January 7. 2002 Page 3 The equipment will be located in the southwest corner of the property within a twenty- eight (28) foot by fourteen (14) foot enclosure. The enclosure includes an existing six (6) foot, chain link fence with redwood slats. The applicant proposes to maintain the existing enclosure. Since no equipment will exceed the six (6) foot fence height, the screening is adequate during the temporary operation. At the completion of the remediation, the enclosure and equipment will be removed. Within thirty (30) days of approval Zoning Administrator Action 01-010, Condition 2.3 would require the applicant to submit a reuse plan for the subject area of the property, which would include a trash enclosure and landscaping, for approval of the Community Development Department. Trenching, to install the new lines from the wells to the equipment, may involve the temporary on-site storage of soil in accordance with AQMD Rule 1166 as required by Condition 2.7 and would require the soil to be stored in the southeast portion of the site, behind a screening fence per Condition 2.2. To minimize disruption to ARCO's operations at the gas station, Condition 2.8 would require all proposed construction activities to be conducted in a manner that either maintains adequate ingress and egress or requires the entire site to be closed during installation to the satisfaction of the City of Tustin. Noise As approved by CUP 92-012, the original remediation equipment included a moveable sound barrier. Prior to issuance of building permits and consistent with Condition 2.1, the applicant shall submit a $2,500 deposit with the City of Tustin for the completion of a noise study in order to confirm the sound levels are maintained below the City noise thresholds for commercial properties. Prior to final inspection, the Community Development Director shall select a qualified noise consultant to prepare a noise analysis. Before any equipment shall be used for remediation purposes, the analysis must demonstrate that the noise levels do not exceed the maximum noise levels allowed by the City's Noise Ordinance. The,applicant shall be responsible for all costs associated with the preparation of the study and implementation of any mitigation measures to comply with the City's Noise Ordinance prior to the start of operations. In the event that the noise levels cannot be mitigated to comply with the City's Noise Ordinance, the applicant shall cease operations. ANALYSIS A decision to approve this request may be supported by the following findings: 1) The proposed remediation equipment is necessary to facilitate soil and groundwater remediation at the subject location as required by Federal, State, and Orange County Health Care Agency regulations. Since removing contaminates from the soil and groundwater would benefit the environment, the remediation Zoning Administrator Action 01-010 CUP 01-023, DR 01-029 January 7, 2002 Page 4 procedure may be found to: a. Enhance the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of the use; b. Enhance property and improvements in the neighborhood; and, c. Increase the general welfare of the City. 2) The installation and operation of extraction and treatment equipment to be located on the subject site will be temporary for a period of six (6) to eighteen (18) months and will be removed upon completion of the process. The temporary equipment is not located immediately adjacent to residentially zoned or used 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 and through permit issuance and monitoring by the City of Tustin, Orange County Health Care Agency, the Santa Ana Regional Water Quality Control Board, the South Coast Air Quality Management District, and the Orange County Fire Authority. 3) As conditioned, ingress/egress for normal business operations will be maintained during trenching and installation of equipment or the entire site would be closed. l!fd!:.WRf/V Assistant Planner Attachments: A - Location Map B - Submitted Plans C - Zoning Administrator Action No. 01-010 Mw:\Cup01-023\Cup01-023zareport.doc ~. ATTACHMENT A Location Map LOCATION MAP PROJECT NO. ADDRESS 00. CUP 01-0231DR 01-029 , ' (AMENDMENT TO CUP 92-012) 14244 Newport Avenue ARCO Soil Remediation ) "'0 "'0 0.;;, "'4 "'9"..p....... ~, ~... .'" -' /:;> <'.,. ~ y. ~ -1> "''''-- ATTACHMENT B Submitted Plans Ii , I ,I I.., i' III .1 t I I'll 'II" I " · ' I j I,' I i lilll'I,L'."', II . !it ! il i j !. iii i! i :! . j I!! : II ~ !11 g II! ,:11 :;, ~~ I~- I I II!, h h .11 I' II' 'I I ii, l' !;, ! II . l' : '. I ~ i !j','i 1111 'IiI U " 1.1 I IIH all! I .! hi !l; I '1'1 ;I! 't' ~i HI I il 11111 " ; I, 'I '.!If 'I Ii !, I 1111 il .. 11'11, ' IiI II !It, j 'I' u . 'I, I !i:: III !!It :' i: ~ illl! li.l ~I; !I! '.1\ ! !ll!!!li lliF l! I; ! !! : 'jll Iii I Ill! j' 'ti Ill! !.l~ll!!l ih,i, .,'1.,' !l. z II II 111'.1 I "11'11 'I ,,1' 1'1'" II ' '1 . "1111111 I' II r ~ H 'Ii Ii.. "Ill . Illl!,l. I jlli HI' 'II i'j!; Ul[II\. ,I'll i,IIPP 'lib I' h!! I'll I! ~ ill I ii i::111: i:! I! Ii Ii n!; Il II ii 1;11 ~ll. ilil i Iii It I I,l!:!l! I~ Ii 1 ,HI lilljllll' h ~ Ill:! !! Illl ,i! 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L.._ . .'.: I \ \ \ I \ \ li-u \ \. ,r, 'in ~ I I k .. ::! :J: v', .. .: o o~ r-.JO L"O> ' .+1 +I Ln l1"l . \ . _._____._..__.___...H..' ......_..__. ~.--_....-....-- .--'" .. -.........---...-. -....---.--.----....--. .-'.' .-.- ...... ZO 3911d N33ti8 ,~qT.lA-V1hR-t1T" h~:77. T~n7;C7jT' I I , \ I ATTACHMENT C / Zoning Administrator Action 01-010 ~ 2 3 4 ZONING ADMINISTRATOR ACTION 01-010 CONDITIONAL USE PERMIT 01-023 and DESIGN REVIEW 01-029 (AMENDMENT TO CUP 92-012) 5 The Zoning Administrator of the City of Tustin does hereby resolve as follows: I. The Zoning Administrator finds and determines as follows: LOCATION 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 A. That a proper application for Conditional Use Permit 01-023 and Design Review 01-029 was filed by Darrell Fah on behalf of Atlantic Richfield Company requesting an amendment to Conditional Use Permit 92-012 and authorization to modify and operate existing temporary soil and groundwater remediation equipment within an enclosure at an existing gas station at 14244 Newport Avenue for six (6) to eighteen (18) months. B. That the proposed use is allowed within the Commercial General (CG) zoning district, with the approval of a Conditional Use Permit, and within the Community Commercial land use designation of the City of Tustin General Plan which provides for a variety of commercial uses. In addition, the project has been reviewed for consistency with the Air Quality Sub-element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub-element. C. That a public hearing was duly called, noticed, and held on said application on January 7, 2002, by the Zoning Administrator. 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 of such proposed use nor be a detriment 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 remediation equipment is necessary to facilitate soil and groundwater remediation at the subject location as required by Federal, State, and Orange County Health Care Agency regulations. Since removing contaminates from the soil and groundwater would benefit the environment, the remediation procedure may be found to: a. Enhance the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of the use; Enhance property and improvements in the neighborhood; and, I ncrease the general welfare of the City. b. c. Zoning Administrator Action 01-010 January 7. 2002 Page 2 2 2) The installation and operation of extraction and treatment equipment to be located on the subject site will be temporary for a period of six (6) to eighteen (18) months and will be removed upon completion of the process. The temporary equipment is not located immediately adjacent to residentially zoned or used 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 and through permit issuance and monitoring by the City of Tustin, Orange County Health Care Agency, the Santa Ana Regional Water Quality Control Board, the South Coast Air Quality Management District, and the Orange County Fire Authority. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 II. 20 21 22 3) As conditioned, ingress/egress for normal business operations will be maintained during trenching and installation of equipment or the entire site would be closed. E. Pursuant to Section 9272 of the Tustin Municipal Code, the location, size, features, and general appearance of the proposed use will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole in that the aboveground remediation equipment will be located on the site for a temporary period of up to eighteen (18) months and will be located behind a fenced enclosure in the southeast portion of the site. / F. 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). The Zoning Administrator hereby approves Conditional Use Pennnit No. 01-023 and Design Review 01-029 authorizing an amendment to Conditional use Permit 92- 012 and the modification and operation of existing temporary soil and groundwater remediation equipment, for six (6) to eighteen (18) months, within an enclosure at an existing gas station at 14244 Newport Avenue, Tustin, subject to the conditions contained within Exhibit A attached hereto. 23 24 PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular meeting held on the 7th day of January, 2002. 25 26 27 Elizabeth A. Binsack ZONING ADMINISTRATOR 28 29 Eloise Harris RECORDING SECRETARY /~ Zoning Administrator Action 01-010 January 7, 2002 Page 3 2 STATE OF CALIFORNIA) COUNTY OF ORANGE ) CITY OF TUSTIN ) 3 4 I, ELOISE HARRIS, 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. 01-010 passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 7th day of January, 2002. 5 6 7 8 Eloise Harris 9 RECORDING SECRETARY 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 EXHIBIT A ZONING ADMINISTRATOR ACTION 01..()10 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 01-023 and DESIGN REVIEW 01-029 (AMENDMENT TO CUP 92"()12) ,/ -- GENERAL (C) 1.1 The proposed use shall substantially conform with the submitted plans for the project on file with the Community Development Department, except 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 minor modifications to plans during plan check if such modifications are found to be consistent with the provisions of the Tustin City Code and other applicable codes. (C) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified for the project, subject to review and approval by the Community Development Department. (C) 1.3 The subject project approval shall become null and void unless permits for the proposed project are issued and substantial construction is underway within six (6) months of the date of this Exhibit. Time extensions may be considered if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (C) 1.4 Approval of Conditional Use Permit 01-023 and Design Review 01-029 is contingent upon the applicant and property owner signing and returning to the Community Development Department within seven (7) days of approval, 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 within seven (7) days of approval. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. (C) 1.5 The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of a challenge of the City's approval of this project. (1 ) (2) (3) (4) *** SOURCE CODES STANDARD CONDITION CEQA MITIGATION UNIFORM BUILDING CODE/S DESIGN REVIEW EXCEPTIONS (5) (6) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY /- Exhibit A Zoning Administrator Action 01-010 January 7. 2002 Page 2 (C) (C) (C) 1.6 Any violation of any of the conditions imposed is subject to the imposition of a civil penalty of $1 00.00 for each violation and each day the violation exists. 1.7 The applicant shall be responsible for costs associated with any necessary code enforcement action. 1.8 Conditional Use Permit 01-023 and Design Review 01-029 shall expire within eighteen (18) months of the date of approval. The Community Development Director may review the use on a regular basis to ascertain compliance with conditions of approval. If the use is not operated in accordance with Conditional Use Permit 01-023 and Design Review 01-029, or is found to be a nuisance or negative impacts are affecting the surrounding neighborhood, the Community Development Director shall impose additional conditions to eliminate the nuisance or negative impacts or may initiate proceedings to revoke the Conditional Use Permit. USE RESTRICTIONS I ENVIRONMENTAL QUALITY (C) 2.1 Prior to issuance of building permits, the applicant shall submit a $2,500 deposit with the City of Tustin for the completion of a noise study in order to confirm the sound levels are maintained below the City noise thresholds for commercial properties. Prior to final inspection, the Community Development Director shall select a qualified noise consultant to prepare a noise analysis. Before any equipment shall be used for remediation purposes, the analysis must demonstrate that the noise levels do not exceed the maximum noise levels allowed by the City's Noise Ordinance. The applicant shall be responsible for all costs associated with the preparation of the study and implementation of any mitigation measures to comply with the City's Noise Ordinance prior to the start of operations. In the event that the noise levels can not be mitigated to comply with the City's Noise Ordinance, the applicant shall cease operations. (C) 2.2 A note shall be provided on the final plans that a six (6) foot high chain link fence shall be installed around the area designated to place any excavated soil within 24 hours of placement of any excavated material. A nylon fabric or mesh shall be securely attached to the temporary construction fencing to the satisfaction of the Community Development Director. Gated entrances shall be permitted along the perimeter of the fence for access. All openings in the fence enclosure shall be locked. (C) 2.3 The applicant shall submit plans to the Community Development Department that include details of how the southeast corner of the property will be used once all of the soil and groundwater remediation equipment is removed after the remediation is complete. The plans shall include details of the new trash enclosure, all provided parking spaces, and any new landscape areas. These plans shall be submitted within thirty (30) days of approval. Exhibit A Zoning Administrator Action 01-010 January 7, 2002 Page 3 /" - (C) 2.4 The applicant shall replace all broken and missing slats in the chain link fence around the existing remediation equipment prior to final inspection. (C) 2.5 All site drainage shall be handled on-site and shall not be permitted to drain onto adjacent properties. All necessary precautions and preventive measures to prevent the flow of water, including groundwater, from entering the sidewalk, street, and storm drains shall be implemented. (C) 2.6 A copy of the appropriate waste hauler permit must be provided to the City prior to transportation of hazardous material off-site. (C) 2.7 Contaminated material must be prevented from leaving the site except as described in Conditions 2.6 and 5.4. All necessary precautions and preventive measures must be in place to prevent material from being washed away by surface waters or blown by wind. These controls shall be in accordance with AQMD Rule 1166. (C) 2.8 To minimize disruption to ARCO's operations at the gas station, all proposed construction activities shall be conducted in a manner that either maintains adequate ingress and egress, or the entire site shall be closed during installation to the satisfaction of the City of Tustin. (C) 2.9 Any NPDES Permit or other discharge permit for operations at this site must be provided to the City prior to issuance of building permits. This shall include either a discharge permit from the Orange County Sanitation District or proof of off-site transport as described in Condition 2.7. If the water is transported off-site, it must be done in a manner approved by the Director of Public Works, which may include a containment area to eliminate water run-off. BUILDING DEPARTMENT (C) 3.1 Submit seven (7) sets of construction plans when submitting plans for a building permit. (C) 3.2 At the time of building permit application, the plans shall comply with the 1998 California Building Code (CBC), 1998 California Mechanical Code (CMC), 1998 California Plumbing Codes (CPC), 1998 California Electrical Code (CEC), California Title 24 Accessibility Regulations, Title 24 Energy Regulations, City Ordinances, and State and Federal laws and regulations. FIRE (C) 4.1 Prior to the issuance of building permits the applicant shall submit to the Fire Chief a list of the quantities of all hazardous, flammable and combustible materials, Exhibit A Zoning Administrator Action 01-010 January 7, 2002 Page 4 liquids or gases. These liquids and materials are to be classified according to the "Orange County Fire Authority Chemical Classification Handout." The submittal shall provide a summary sheet listing each hazard class, the total quantity of chemicals stored per class and the total quantity of chemicals used in that class. All forms of materials are to be converted to units of measure in pounds, gallons, and cubic feet. (C) 4.2 Prior to the issuance of any building permits, the applicant shall contact the Orange County Fire Authority Hazardous Materials Disclosure Office at (714) 744- 0463 to obtain a "Hazardous Materials Business Information and Chemical Inventory Packet." This shall be completed and submitted to the Fire Chief before the issuance of any building permits. (C) 4.3 Prior to the installation of aboveground equipment, plans shall be submitted to the Fire Chief for review and approval. OUTSIDE AGENCIES (C) 5.1 The applicant shall obtain all necessary permits from the South Coast Air Quality Management District (SCAQMD) related to the operation, installation, and monitoring of the subject site and equipment. (C) 5.2 The applicant shall obtain all necessary permits and approvals from the Orange County Health Care Agency related to the operation, installation, and monitoring of the subject site and equipment. (C) 5.3 The applicant shall obtain all necessary clearances from the State Department of Occupational Safety and Health Administration. (C) 5.4 All contaminated material being transported must be manifested and may only be carried by a waste hauler licensed to transport the material being hauled. Excavation and 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 (C) 6.1 Prior to issuance of any building permits, payment shall be made of all applicable fees, including but not limited to, the following. Payment shall be required based upon those rates in effect at the time of payment and are subject to change. Exhibit A Zoning Administrator Action 01-010 January 7, 2002 Page 5 a. Building plan check and permit fees to the Community Development Department based on the most current schedule. b. Orange County Fire Authority plan check and inspection fees to the Community Development Department based upon the most current schedule. (C) 6.2 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 $43.00 (forty-three dollars) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period that 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.