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HomeMy WebLinkAboutZAA 23-008 ZONING ADMINISTRATOR ACTION 23-008 CONDITIONAL USE PERMIT 2023-0020 14591 RED HILL AVENUE The Zoning Administrator of the City of Tustin does hereby resolve as follows: I. The Zoning Administrator finds and determines as follows: A. That a proper application for Conditional Use Permit (CUP) 2023-0020 was filed by Ryan Gatchalian of Engineering and Environmental Construction, Inc. on behalf of the property owners, Red Hill Village, LLC requesting authorization to establish and operate a soil remediation activity within a former dry cleaner site located at 14591 Red Hill Avenue (APN 432-171-12); B. That the project site has a Mixed-Use land use designation of the Red Hill Avenue Specific Plan (RHASP) and has a RHASP General Plan Designation; C. That in accordance with Tustin City Code (TCC) Section 9270(a)(3)(d), the removal of earth, other than in connection with construction of buildings, roadways, or public or home improvements, is allowed subject to the approval of a CUP; D. That in accordance with TCC Section 9299(b)(4)(a), the Zoning Administrator is authorized to consider specified development applications for soil remediation activities subject to a CUP; E. That the project has been determined to be consistent with the Air Quality Sub-element of the City of Tustin General Plan in that Policy 1.6 of the Sub- element encourages cooperation and participation in regional air quality management plans, programs, and enforcement measures; F. That the establishment, maintenance, and operation of the use applied forwill 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 nor be injurious or detrimental 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 establishment and operation of the soil excavation is necessary to facilitate soil remediation as required by the Orange County Health Care Agency(OCHCA)and Santa Ana Regional Water Quality Board (SARWQCB). 2} The installation and operation of extraction and treatment equipment is temporary, with an estimated completion timeline of less than one i Zoning Administrator Action 23-008 CUP 2023-0020 Page 2 (1) year. Upon completion the site will be remediated and fully restored. 3) Removing contaminates from the soil and groundwater would benefit the environment and protect the health, safety, morals, comfort, and general welfare of persons residing orworking in the neighborhood and improve the condition of the property. 4) The temporary excavation operations would be confined to the interior of the existing 1,800-square-foot vacant tenant suite located at the southwest corner of the Red Hill Shopping Village, at the intersection of Red Hill Avenue and Walnut Avenue. Contaminated soil would be stockpiled with plastic sheeting and placed at the rear of the site within a fenced area, where the soil would be hauled away within 30 days of excavation. All equipment and stockpiles will be screened from view at the public right-of-way. 5) The equipment is required to comply with the Tustin Noise Ordinance. Condition of Approval No. 1.6 allows the Community Development Director to impose additional conditions to eliminate the nuisance or negative impact from the soil remediation activities. 6) As conditioned, the use would be approved by the City of Tustin and monitored by the OCHCA, SARWQCB, and the SCAQMD and any other required agencies. G. That 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); and H. That a public hearing was duly called, noticed, and held on said application on December 14, 2023, by the Zoning Administrator. II. The Zoning Administrator hereby approves CUP 2023-0020 authorizing the establishment and operation of a soil remediation activity within a former dry cleaner site located at 14591 Red Hill Avenue, subject to the conditions contained within Exhibit A attached hereto. Zoning Administrator Action 23-008 CUP 2023-0020 Page 3 PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular meeting held on the 14th day of December 2023. 111ALU'u, ZoeA JOJS ' L. WILLKOM ING ADMINISTRATOR it e d VERAIHUR-fAbb it RECORDING SECRETARY e STATE OF CALIFORNIA of COUNTY OF ORANGE y CITY OF TUSTIN I, VERA HURTADO, the undersigned, hereby certify that I am the Recording Secretary of d the Zoning Administrator of the City of Tustin, California; that Zoning Admiinistrator Action s No. 23-008 passed and adopted at a regular meeting of the Tustin Zoning Administrator, y held) on the 14th day of December 2023. y a r VERA HURTAbb e RECORDING SECRETARY e d it I 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). Zoning Administrator Action 23-008 CUP 2023-0020 December 14, 2023 Page 4 (5) 3.3 All contaminated material being transported must be manifested and may only be carried by a waste hauler licensed to transport the material being hauled. A copy of the appropriate waste hauler permit shall be provided to the City prior to transportation of hazardous material off-site. 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(USEPA); • California Environmental Protection Agency (CalEPA); and • California Division of Occupational Safety and Health Administration. (5) 3.4 The applicant and/or contractor shall utilize USEPA Method 5035 for the preservation of confirmation soil samples that will be prepared for laboratory analysis. (5) 3.5 The applicant shall notify SARWQCB no later than 10 business days prior to beginning fieldwork. (5) 3.6 The applicant shall submit a report of findings to SARWQCB no later than 60 days following the completion of fieldwork. (5) 3.7 Prior to any construction or excavation, the applicant/contractor must notify Underground Service Alert (USA)IDigAlert, to mark out proposed excavation area, and survey for the presence of underground utilities. (5) 3.8 Prior to final inspection of building permit, the applicant must ensure that SVE well, VE1, and soil vapor probe, 131, located within the excavation footprint(approximately 20 feet by 30 feet) is destroyed. FEES (1, 5) 4.1 Within forty-eight(48)hours of approval of the subject project,the applicant shall deliverto the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of fifty dollars ($50.00) to enable the City to file the appropriate environmental documentation for the project. if within such forty-eight (48) hour period the 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.