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HomeMy WebLinkAboutCUP 04-014 DATE: TO: FROM: SUBJECT: Inter-Com .t{V,... .~~~~\ I, ::;~~.) '1;~\S~~: SEPTEMBER 7, 2004 ZONING ADMINISTRATOR COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONAL USE PERMIT 04..Q14 APPLICANT: PROPERTY OWNER: LOCATION: ZONING: CONOCO PHILLIPS P.O. BOX 25376 SANTA ANA, CA 92799-5376 ENDERLE CENTER - EMS DEVELOPMENT COMPANY 14081 YORBA STREET, SUITE 107 TUSTIN, CA 92780 17280 SEVENTEENTH STREET PLANNED COMMUNITY COMMERCIAL ENVIRONMENTAL STATUS: THIS PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT PURSUANT TO SECTION 15330 (CLASS 30) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). AUTHORIZATION TO TEMPORARILY OPERATE A VAPOR EXTRACTION UNIT AT AN EXISTING GAS STATION TO REMOVE HYDROCARBONS FROM THE SOIL. THE VAPOR EXTRACTION EQUIPMENT WILL BE ON-SITE APPROXIMATELY ONE YEAR. REQUEST: RECOMMENDATION That the Zoning Administrator adopt Zoning Administrator Action No. 04-007 approving Conditional Use Permit 04-014. Zoning Administrator Report CUP 04-014 Page 2 BACKGROUND Location The project site is located at an existing service station at 17280 Seventeenth Street on the southeast corner of Yorba and Seventeenth Streets as identified on the Location Map (Attachment A). The property is zoned as Planned Community Commercial and is occupied by a Union 76 Service Station. Adjacent uses include retail commercial and restaurants to the north, south, east, and west. All equipment and operations will be located within temporary chain link fencing that would be placed on two parking spaces in the northeast corner of the parcel occupied by the gas station. DISCUSSION Purpose Due to the corrosion of previous on-site gasoline tanks and piping, gasoline leaks have contaminated the soil underneath the site. To prevent the migration of the contamination / into the groundwater and to protect human health, state law requires that the contaminated soils be remediated. Duration of Use The applicant is requesting authorization to place soil vapor extraction equipment on-site for approximately one year to remove hydrocarbons from contaminated soil. The applicant's soil remediation engineer will take weekly measurements to verify the effectiveness of the equipment. Once the Orange County Health Care Agency (OCHCA) verifies that the hydrocarbon concentrations are adequately reduced, the use will be discontinued, all equipment will be removed from the property, and the property will be restored to pre-existing conditions. As indicated on the submitted plans (Attachment B), the proposed soil remediation equipment would be used twenty-four (24) hours a day for approximately (12) months in association with the continued operation of the existing gas station. Permit Requirements 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. Pursuant to Tustin City Code (TCC) Section 9299(b)(4), the Zoning Administrator can approve conditional use permits for soil remediation operations for any length of time. Zoning Administrator Report CUP 04-014 Page 3 Soil Remediation Process The soil remediation equipment vacuums air from on-site dry wells and the hydrocarbon vapors contained in the air are bumed off with a thermal/catalytic oxidizer to reduce gasoline vapors before discharge into the atmosphere. The remediation process will occur in association with a South Coast Air Quality Management District (SCAQMD) permit which requires hydrocarbon filtering and threshold monitoring. The SCAQMD considers the equipment used to be the best available control technology for the proposed site. Initially the hydrocarbon vapors are self sufficient fuel for the burning process. Later in the remediation process, natural gas will be added to maintain a buming flame. Soil is not unearthed for the soil remediation process. Pursuant to a SCAQMD permit, the applicant must cap all wells once the process is complete to prevent any remaining hydrocarbons from escaping into the air. Operational Configuration The service station will remain open while the equipment is in use. The equipment will be located on two surplus parking spaces in a proposed thirteen (13) by nine (9) foot chain link enclosure located at the northeast comer of the property. The enclosure will be eight (8) feet tall and will cover all the equipment except for the thirteen (13) foot tall thermal oxidizer stack. The chain link will have plastic slats inserted into it to screen the remediation equipment. The facility will be visible from Seventeenth Street; however, the use is temporary, is behind an existing landscape planter, and there are no other locations on-site where the facility would not be visible from the public right-of-way except inside the existing service station building. Pursuant to Condition 1.9, at the completion of the remediation, the proposed enclosure and equipment will be removed. Noise The City's noise ordinance limits sound produced in commercial zones to 60 decibels. The applicant has placed a note on their plans indicating that the noise produced by the equipment will be within the 60 - 70 decibel range. The noise contour map of the General Plan indicates and a field measurement conducted by staff confirms that traffic on Seventeenth Street immediately adjacent to the project site produces an A-weighted decibel measurement of 70. The proposed remediation equipment is not anticipated to present noise problems given that surrounding uses consist of Yorba and 17th Streets and commercial uses. Condition 2.1 requires the applicant to comply with the noise ordinance and authorizes the Community Development Director to require the applicant to provide mitigation measures and install sound insulation materials if the noise emitted by the equipment is found to be non-compliant. ~ Zoning Administrator Report CUP 04-014 Page 4 ANALYSIS FINDINGS A decision to approve this request may be supported by the following findings: 1) The proposed soil vapor extraction equipment is necessary to facilitate soil remediation as required by the Orange County Health Care Agency and vapors removed will comply with a permit from the SCAQMD. 2) The installation and operation of extraction and treatment equipment would be temporary for a period of approximately twelve (12) months and will be removed upon completion of the process and the site, including parking spaces, will be restored to pre-existing conditions. 3) Removing contaminates from the soil 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 will be adequately housed within fencing on the project property to buffer the use between adjacent public right-of-ways and commercially used properties. As conditioned, the project must comply with the noise ordinance and the Community Development Director could require the applicant to install sound insulation materials after the initiation of the remediation use, 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 shopping center in which the service station is located maintains surplus parking spaces and the equipment will not be within a drive aisle. 6) As conditioned, the use would be approved and monitored by the City of Tustin, Orange County Health Care Agency, and the SCAQMD. . . (r:J. /-<\. ~ L.,{t.e~ Karen Peterson Senior Planner -~- Zoning Administrator Report CUP 04-014 Page 5 Attachments: A - Location Map B - Submitted Plans C - Zoning Administrator Action No. 04-007 S:\CddIZAREPORTlCUP 04-014.doc ATTACHMENT A Location Map ~r ~_s..._.. '" rM I, . II~ ' II~ I ' ,. ,. ,- II ! I I I I 11/: ,/\ f I I ~ In ----; o 1! 110221300 SC:ALE IN FEET LOCATION MAP CUP 04-014 :1 17280 17TH STREET ~ ATTACHMENT B Submitted Plans /~ Please contact Chad Ortlieb in the Community Development Department at 573-3127 if you need to see the site plan. ,~ ATTACHMENT C Zoning Administrator Action No. 04-007 ~ ~ ZONING ADMINISTRATOR ACTION 04-007 CONDITIONAL USE PERMIT 04-014 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 04-014 was filed by Conoco Phillips requesting authorization to temporarily operate a vapor extraction unit to remove hydrocarbons from the soil under an existing gas station located at 17280 Seventeenth Street. B. In accordance with Tustin City Code Section 9270b(d), the removal of earth is allowed in any zoning district with an approved conditional use permit 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 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. C. That a public hearing was duly called, noticed, and held on said application on September 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 is necessary to facilitate soil remediation as required by the Orange County Health Care Agency and vapors removed will comply with a permit from the SCAQMD. 2) The installation and operation of extraction and treatment equipment would be temporary for a period of approximately twelve (12) months and will be removed upon completion of the process and the site, including parking spaces, will be restored to pre-existing conditions. Zoning Administrator Action 04-007 Conditional Use Permit 04-014 Exhibit A Page 2 ~ 3) Removing contaminates from the soil 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 will be adequately housed within fencing on the project property to buffer the use between adjacent public right-of-ways and commercially used properties. As conditioned, the project must comply with the noise ordinance and the Community Development Director could require the applicant to install sound insulation materials after the initiation of the remediation use, 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 shopping center in which the service station is located maintains surplus parking spaces and since the equipment is 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, and the SCAQMD. E. 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). II. The Zoning Administrator hereby approves Conditional Use Permit No. 04- 014 authorizing the operation of temporary soil remediation equipment, for up to 12 months, within temporary fencing at an existing gas station at 17280 Seventeenth Street, Tustin, subject to the conditions contained within Exhibit A attached hereto. ~ Zoning Administrator Action 04-007 Conditional Use Permit 04-014 Exhibit A Page 3 PASSED AND ADOPTED b~ the Zoning Administrator of the City of Tustin at a regular meeting held on the 7 day of September, 2004. Elizabeth A. Binsack ZONING ADMINISTRATOR Eloise Harris RECORDING SECRETARY 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. 04-007 was passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 7th day of September, 2004. Eloise Harris RECORDING SECRETARY EXHIBIT A CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 04-014 ~ GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped on September 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 04-014 is contingent upon the property owner signing and retuming 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. /c- (1) 1.5 As a condition of approval of Conditional Use Permit 04-014, 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. (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 r Zoning Administrator Action 04-007 Conditional Use Permit 04-014 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 attomey fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. (5) 1.8 Conditional Use Permit 04-014 is valid for one year, until September 7, 2005, or until the soil has been cleaned to the satisfaction of the Orange County Heath Care Agency (OCHCA) whichever comes first. The applicant may request that the Community Development Director extend the pemnit expiration date if remediation activities are shown to require longer than anticipated. Upon temnination of the use, the property owner shall provide the Community Development Director with the most current soil remediation status report prepared for the OCHCA. (5) 1.9 At the completion of the remediation, the chain-link fence and equipment shall be removed and affected parking spaces and site amenities restored to pre-project conditions and configurations. (5) 1.10 The applicant shall provide one set of Drawing Sheet Numbers G2, G3, and G7A on 8.5 x 11 inch KP5 photo paper. USE RESTRICTIONS COMMUNITY DEVELOPMENT DEPARTMENT Planning Division (5) 2.1 The project shall comply with the City's noise ordinance. If noise associated with the equipment exceeds the noise ordinance, as determined by the City's Building Division, prior to operation, the Community Deveiopment Director may require the applicant to install sound insulation materials, if determined to be needed. The applicant shall bear all associated costs of providing noise insulation. (5) 2.2 Contaminated material may not leave the site except as described in Condition 5.3. 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 Condition 3.2, the City's NPDES pemnits and AQMD Rule 1166. (5) 2.3 No outdoor storage shall be pemnitted except as approved by the Tustin Community Development Director. Zoning Administrator Action 04-007 Conditional Use Permit 04-014 Exhibit A Page 3 Building Division (1 ) 3.1 (5) 3.2 (1 ) At the time of building permit application, the plans shall comply with the 2001 California Building Code (CBC), 2001 California Mechanical Code (CMC), 2001 California Plumbing Codes (CPC), 2001 California Electrical Code (CEC), California Title 24 Accessibility Regulations, Title 24 Energy Regulations, City Ordinances, and State and Federal laws and regulations. Building plan check submittal shall include the following: . Seven (7) sets of construction plans, including drawings for mechanical, plumbing, and electrical. . The location of any utility vents or other equipment shall be provided on the roof plan. . Note on plans that no field changes shall be made without prior approval from the Building Official and architect or engineer of record. . Any combination of written methods, diagrams, and plans showing Best Management Practices to be utilized on-site to prevent predictable soil, water, and pollutant run-off. /" 3.3 All 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, but is not limited to, any water from leaking wells or sediment-laden water from on- site construction activity such as, but not limited to, laying pipes under existing asphalt and boring holes for fence posts or temporary power poles. Prior to building permit issuance, the applicant is responsible for establishing and incorporating Best Management Practices (BMPs) in association with the project to control predictable soil, water, and pollutant run-off. Should the implemented BMPs prove to be insufficient, it is the applicant's responsibility to provide additional BMPs to ensure that all soil, pollutants, and water are contained on-site. A note shall be provided on final plans that a six (6) foot high chain link fence shall be installed around the remediation site prior to building construction stages. A nylon fabric or mesh shall be attached to the temporary construction fencing. Gated entrances shall be permitted along the perimeter of the site for construction vehicles. PUBLIC WORKS DEPARTMENT (5) 4.1 (5) 4.2 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. ~ 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. Zoning Administrator Action 04-007 Conditional Use Permit 04-014 Exhibit A Page 4 (5) 4.3 Permission from property owners shall be required for any work located on adjacent properties. ORANGE COUNTY FIRE AUTHORITY (5) 5.1 (5) 5.2 Prior to issuance of a building pemnit, the applicant shall submit to the fire Chief a list of all hazardous, flammable and combustible liquids, solids, or gases to be stored, used, or handled on-site. These materials shall be classified according to the Uniform Fire Code and a document submitted to the Fire Chief with a summary sheet listing the totals for storage and use for each hazard class. Please contact the OCFA at (714) 744-0499 or visit the OCFA website to obtain a copy of the "Guideline for Completing Chemical Classification Packets." Prior to issuance of a building pemnit, the applicant shall complete and submit to the Fire Chief a copy of a "Hazardous Materials Disclosure Chemical Inventory and Business Emergency Plan" packet. Please contact the OCFA Hazardous Materials Services Section at (714) 744-0463 to obtain a copy of the paCket. OUTSIDE AGENCIES (5) 6.1 (5) 6.2 (5) 6.3 Prior to the issuance of building pemnits by the City, the applicant shall obtain and show evidence of all necessary permits and approvals from the Orange County Fire Authority, the Orange County Health Care Agency, and the South Coast Air Quality Management District (SCAQMD), related to the operation, installation, and monitoring of the subject site and equipment. The applicant shall obtain all necessary clearances from the State Department of Occupational Safety and Health Administration. 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. Zoning Administrator Action 04-007 Conditional Use Permit 04-014 Exhibit A Page 5 FEES (1) 7.1 Prior to issuance of any building penmits, 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. (2) 7.2 a. Building plan check and penmit fees to the Community Development Department based on the most current schedule and; b. Orange County Fire Authority Fees 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.