Loading...
HomeMy WebLinkAboutDEC 14 2023 REVISIONS TO COA i, US ! N Inter-Com DATE: DECEMBER 14, 2023 TO: JUSTINA L. WILLKOM, ZONING ADMINISTRATOR FROM: JOSE JARA, ASSISTANT PLANNER SUBJECT: REVISIONS TO ZAA NO. 23-008; CUP 2023-0020 (14591 RED HILL AVE.) The following minor revisions to Condition of Approval (COA) No. 1.6 and COA No. 3.1, in addition to two new COA No. 2.6 and 2.7, are made to Exhibit A of ZAA No. 2023- 008. Attachment B includes these changes to the conditions of approval for this project: COA No. 1.6 (Minor revision underlined): If the use is not operated in accordance with CUP 2023-0020 or is found to be a nuisance or creates negative impacts, such as excessive noise, affecting the surrounding tenants or neighborhoods, the Community Development Director shall impose additional conditions to eliminate the nuisance or negative impacts or may initiate proceedings to revoke the CUP. COA No. 3.1 (Minor revision underlined): The applicant shall obtain all necessary permits from City of Tustin, Orange County Fire Authority, OCHCA, and SCAQMD related to the operation, installation, and monitoring of the subject site and equipment. COA No. 2.6 (New underlined): The soil remediation activity shall be completed, and the site restored within one year of the approval of CUP 2023-0020. COA No. 2.7 (New underlined): The soil remediation activity must comply with noise standards set forth in Tustin City Code (TCC) Section 4614 and construction hours set forth in TCC Section 4616. If readings determine that noise thresholds are exceeded, the Community Development Director may require the applicant provide measures and install sound insulation materials. The applicant shall bear all associated costs. Attachment: ZAA No. 2023-008 (Redlined) Zoning Administrator Action 23-008 CUP 2023-0020 December 14, 2023 Page 2 (1) 1.5 Any violation of any of the conditions imposed is subject to the issuance of an Administrative Citation pursuant to TCC Section 1162(a). (1) 1.6 If the use is not operated in accordance with CUP 2023-0020 or is found to be a nuisance or creates negative impacts, such as excessive noise, are affecting the surrounding tenants or neighborhoods, the Community Development Director shall impose additional conditions to eliminate the nuisance or negative impacts or may initiate proceedings to revoke the CUP. (1) 1.7 As a Condition of Approval of CUP 2023-0020, 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 approval of the City Council, the Planning Commission, Zoning Administrator, 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 the defense of any such action under this condition. (1) 1.8 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) 1.9 All Conditions of Approval for CUP 2023-0020 shall remain in full force and effect for as long as the remediation activity continues to operate. USE RESTRICTIONS {***) 2.1 All associated equipment shall be removed upon completion of the remediation process pursuant to clearance from the Orange County Health Care Agency (OCHCA) and Santa Ana Regional Water Quality Control Board (SARWQCB). The property owner shall provide the Community Development Director with the most current soil remediation status report prepared for OCHCA. The Community Development Director may grant time extensions if a written request is received by the Community Development Department within thirty (30) days prior to expiration. {***) 2.2 Any storage and equipment from the remediation activity shall be located entirely within the tenant space interior and the fenced-off area to the rear and exterior of the tenant space of the project site. Zoning Administrator Action 23-008 CUP 2023-0020 December 14, 2023 Page 3 (***) 2.3 Upon abandonment and backfilling of the excavation site, as required by the OCHCA, Hazardous Materials Division, the surface at grade level shall be replaced and restored to the original condition. Upon removal of the equipment at the rear of the building, the asphalt shall be replaced, if necessary, the parking stalls along the rear of the building shall be restriped to meet current TCC requirements, and the site restored to its original condition, subject to final inspection by the Community Development Department. (5) 2.4 Contaminated material may not leave the site except as described in Condition of Approval No. 3.3. All necessary precautions and preventive measures shall be in place to prevent material from being washed away by surface waters or blown away by wind. These controls shall be in accordance with South Coast Air Quality Management District (SCAQMD) Rule 1166. (5) 2.5 All soil stockpiles must be covered and bermed to prevent runoff and aerial dispersion. Additionally, 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 soil- laden water resulting from on-site construction activity. {***) 2.6 The soil remediation activity shall be completed, and the site restored within one (1) year of the approval of CUP 2023-0020. {***) 2.7 The soil remediation activity must comply with noise standards set forth in Tustin City Code (TCC) Section 4614 and construction hours set forth in TCC Section 4616. If readings determine that noise thresholds are exceeded, the Community Development Director may require the applicant provide measures and install sound insulation materials. The applicant shall bear all associated costs. OUTSIDE AGENCIES (5) 3.1 The applicant shall obtain all necessary permits from City of Tustin,Orange County Fire Authority, OCHCA, and SCAQMD related to the operation, installation, and monitoring of the subject site and equipment. (5) 3.2 The applicant shall obtain all necessary clearances from the State Department of Occupational Safety and Health Administration (Cal OSHA).