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HomeMy WebLinkAboutZA ACTION 04-006 ZONING ADMINISTRATOR ACTION 04-006 CONDITIONAL USE PERMIT 04-09 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 04-009 was filed by Carl Greenwood requesting authorization to temporarily operate a ground water pumping machine and a vapor extraction unit to remove hydrocarbons from the water and soil under an existing gas station located at 395 West First Street. B. In accordance with Tustin City Code Section 9270b(d), the removal of earth is allowed with an approved conditional use permit in the Commercial as Primary Zoning District of the First Street Specific Plan and within the Planned Community Commercial/Business land use designation of the City of Tustin General Plan which maintains a goal of revitalizing older commercial properties such as contaminated gas stations. In accordance with Tustin City Code (TCC) Section 9299(b)(4), the Zoning Administrator can approve conditional use permits for groundwater and soil remediation operations for any length of time. In addition, the project has been determined to be consistent with the Air Quality Sub-element of the City of Tustin General Plan in that Policy 3.1 of the Sub-element encourages the minimization of particulate emissions, and the proposed remediation process is a much cleaner method than non- filtered evaporation of hydrocarbon particulate into the air. C. That a public hearing was duly called, noticed, and held on said application on June 7, 2004, 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 soil vapor extraction equipment with an associated groundwater pump containing treatment filters is necessary to facilitate soil and groundwater remediation required by the Orange County Health Care Agency and Santa Ana Regional Water Quality Control Board. 2) The installation and operation of extraction and treatment equipment would be temporary for a period of twelve (12) to Zoning Administrator Action 04-006 Conditional Use Permit 04-009 Page 2 twenty-four (24) months and will be removed upon completion of the process. 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 or working in the neighborhood and improve the condition of the property. 4) The temporary equipment is adequately housed within structures on the project property to buffer the use between adjacent residentially zoned or used property. The equipment will be located inside an existing building and the applicant's project scientist indicates that the noise generated by the equipment will not exceed 60 decibels, which is below the maximum noise level allowed by the Tustin City Code. As conditioned, the noise levels would be verified prior to final inspection and the applicant would be required to install sound insulation materials, if needed. 5) The location of the equipment would allow the service station to remain in business during the use of the remediation equipment. On-site parking or circulation would not be affected since the equipment is located at the rear of the lot and not within a drive aisle. 6) As conditioned, the use would be approved and monitored by the City of Tustin, Orange County Health Care Agency, the California Regional Water Quality Control Board, and the South Coast Air Quality Management District. E. This project is categorically exempt pursuant to Section 15330, Article 19, Class 30 otTitle 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Zoning Administrator hereby approves Conditional Use Penmit No. 04- 009 authorizing the operation of temporary groundwater and soil remediation equipment, for up to (24) months within an existing and temporary enclosure at an existing gas station at 395 West First Street, Tustin, subject to the conditions contained within Exhibit A attached hereto. Zoning Administrator Action 04-006 Conditionai Use Permit 04-009 Page 3 PASSED AND ADOPTED b~ the Zoning Administrator of the City of Tustin at a regular meeting held on the 7 h day of June, 2004. ~~ Eloise Harris - RECORDING SECRETARY &!~.d4?~AA~1 Elizabeth A. Binsack ZONING ADMINISTRATOR STATE OF CALIFORNIA) COUNTY OF ORANGE ) CITY OF TUSTIN ) 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. 04-006 passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the yth day of June, 2004. ~cL Eloise Harris RECORDING SECRETARY EXHIBIT A CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 04-009 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped on June 7, 2004, on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development Department in accordance with this Exhibit. (1) 1.2 This approval shall become null and void unless the use is established within twelve (12) months of the date of this Exhibit. Time extensions may be granted if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.3 All conditions in this Exhibit shall be complied with prior to issuance of permits, or as specified, subject to review and approval by the Community Development Department. (1) 1.4 Approval of Conditional Use Permit 04-009 is contingent upon the property owner signing and returning to the Community Development Department 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. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. (1) 1.5 As a condition of approval of Conditional Use Permit 04-009, 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, 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 defense of any such action under this condition. SOURCE CODES STANDARD CONDITION CEQA MITIGATION UNIFORM BUILDING CODE(S) DESIGN REVIEW EXCEPTIONS (5) (6) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY (1) (2) (3) (4) *** Zoning Administrator Action 04-006 Conditional Use Permit 04-009 Exhibit A Page 2 (1) 1.6 Any violation of any of the conditions imposed is subject to the payment of a civil penalty of $100.00 for each violation, or such other amounts as the City Council may establish by ordinance or resolution, and for each day the violation exists, subject to the applicable notice, hearing, and appeal process as established by the City Council ordinance. (1) 1.7 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. (*) 1.8 Conditional Use Permit 04-009 may be reviewed annually or more often, if deemed necessary by the Community Development Department, to ensure compatibility with the area and compliance with the conditions contained herein. (*) 1.9 At the completion of the remediation, the proposed shed and equipment shall be removed. USE RESTRICTIONS COMMUNITY DEVELOPMENT DEPARTMENT Planning Division (5) 2.1 Prior to final inspection, the Community Development Department, Building Division shall obtain a decibel reading of the soil remediation equipment to evaluate that the equipment produces no more than 60 decibels of noise in compliance with Tustin City Code Section 4614. If the reading determines that noise thresholds are exceeded, the Community Development Director may require the applicant provide mitigation measures and install sound insulation materials. The applicant shall bear all associated costs. (5) 2.2 Contaminated material may not leave the site except as described in Condition 5.4. All necessary precautions and preventive measures shall 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. (5) 2.3 Other than the dispelling of purified groundwater into the storm drain in association with an Encroachment Permit from the Public Works Department, all necessary precautions and preventive measures such as Best Management Practices shall be implemented to prevent Zoning Administrator Action 04-006 Conditional Use Permit 04-009 Exhibit A Page 3 the flow of contaminated water off-site. Contaminated water includes any water from leaking wells or soil laden water from on-site construction activity. (5) 2.4 All groundwater and/or soil remediation equipment and the temporary shed are required to be removed from the site once the soil has been cleaned to the satisfaction of the Orange County Heath Care Agency (OCHCA). The property owner shall provide the Community Development Director with the most current soil remediation status report prepared for OCHCA. The existing building proposed to house some of the remediation equipment shall either be removed or used for on-site storage at the termination of the remediation use. Building Division (3) 3.1 Electrical work shall conform to the 2001 Edition of the California Electrical Code (CEC). (3) 3.2 Plumbing work shall conform to the 2001 California Plumbing Code (CPC). PUBLIC WORKS DEPARTMENT (5) 4.1 During the life of the project, the applicant and/or property owner will be required to repair any damage that the project causes to existing street improvements and/or utilities. (5) 4.2 Prior to any work in the public right-of-way, an Encroachment Permit needs to be obtained and applicable fees paid to the Public Works Department. (*) 4.3 The applicant shall obtain an Encroachment Permit from the Public Works Department prior to the release of purified groundwater into the storm drain and the release shall be in accordance with Discharge Authorization R8-2002-0007-124 issued on January 27, 2004, by the California Regional Water Quality Control Board. Alternatively, the applicant may obtain a waste hauler permit in accordance with Condition 5.4 to remove contaminated groundwater and/or soil from the site. OUTSIDE AGENCIES (*) 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. Zoning Administrator Action 04-006 Conditional Use Permit 04-009 Exhibit A Page 4 (*) 5.2 The applicant shall obtain all necessary permits and approvals, if applicable, from the Orange County Fire Authority and the Orange County Health Care Agency related to the operation, installation, and monitoring of the subject site and equipment. (*) 5.3 The applicant shall obtain all necessary clearances from the State Department of Occupational Safety and Health Administration. (*) 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. 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; . California Environmental Protection Agency; and, . California Division of Occupational Safety and Health Administration. FEES (1) 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. a. Building plan check and permit fees to the Community Development Department based on the most current schedule. (2) 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 forty-three dollars ($43.00) 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.