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HomeMy WebLinkAboutZA ACTION 04-008 ZONING ADMINISTRATOR ACTION 04-008 CONDITIONAL USE PERMIT 04-018 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 04-018 was filed by Exxon Mobil Oil Corporation requesting authorization to temporarily operate a vapor extraction unit to remove hydrocarbons from the soil under an existing oil change and lube station located at 12972 Newport Avenue. 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 October 4, 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 Chapter 6.5 of California Health and Safety Codes and Title 22 of the California Code of Regulations as administered 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 nine (9) months and will be removed upon completion of the Zoning Administrator Action 04-008 Conditional Use Permit 04-018 Exhibit A Page 2 process and the site. The permanent improvements (the landscape planter), will be restored. 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 and will be surrounded by noise insulation blankets 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 oil change and lube station to remain in business during the use of the remediation equipment. On-site parking or circulation would not be affected since parking spaces or drive isles will not be used for the equipment. 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- 018 authorizing the operation of temporary soil remediation equipment, for up to 12 months, within temporary fencing at an existing oil change and lube facility at 12972 Newport Avenue, Tustin, subject to the conditions contained within Exhibit A attached hereto. Zoning Administrator Action 04-008 Conditional Use Permit 04-018 Exhibit A Page 3 PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular meeting held on the 4th day of October, 2004. w~ a~:dA~/ 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. 04-008 was passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 4th day of October, 2004. ftu;uL Eloise Harris RECORDING SECRETARY GENERAL (1 ) (1) (1) (1 ) 1.1 1.2 1.3 1.4 (1) 1.5 EXHIBIT A CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 04-018 The proposed project shall substantially conform with the submitted plans for the project date stamped October 4, 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. 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. 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. Approval of Conditional Use Permit 04-018 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 estabiished by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. As a condition of approval of Conditional Use Permit 04-018, 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, conceming 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 CECA MITIGATION UNIFORM BUILDING CODE(S) DESIGN REVIEW EXCEPTIONS (5) (6) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY Zoning Administrator Action 04-008 Conditional Use Permit 04-018 Exhibit A Page 2 (1 ) 1.6 (1 ) 1.7 (5) 1.8 (5) 1.9 SPECIFIC (1) 2.1 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 vioiation exists, subject to the applicable notice, hearing, and appeal process as established by the City Council ordinance. 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. Conditional Use Permit 04-018 is valid for one year, until October 4,2005, 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 permit expiration date if remediation activities are shown to require longer than anticipated. Upon termination of the use, the property owner shall provide the Community Development Director with the most current soil remediation status report prepared for the OCHCA. At the completion of the remediation, the chain-link fence, vine, and equipment shall be removed and site amenities restored to pre-project conditions, configurations, and intended uses. 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: o Seven (7) sets of construction plans, including drawings for mechanical, plumbing, and electrical. o The location of any utility vents or other equipment shall be provided on the roof plan. o Note on plans that no field changes shall be made without prior approval from the Building Official and architect or engineer of record. o 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. o Notes added to the plans indicating noise insulation measures for the enclosure o Prior to building permit issuance, the plans need to show that the applicant will render the existing enclosure gate as non-operable and will construct a new gate that opens onto the E-Z Lube occupied property. Zoning Administrator Action 04-008 Conditional Use Permit 04-018 Exhibit A Page 3 (5) (5) (5) (5) (1) 2.3 2.4 2.5 2.6 2.2 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 Development 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. Contaminated material may not leave the site except as described in Condition 5.3. All necessary precautions and preventive measures shall be in piace 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 permits and AQMD Rule 1166. No outdoor storage shall be permitted except as approved by the Tustin Community Development Director. Prior to building permit issuance, the applicant shall add a note to the project plans demonstrating how all necessary precautions and preventive measures such as Best Management Practices will 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. Shouid 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) (5) (5) 3.1 3.2 3.3 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. Permission from property owners shall be required for any work located on adjacent properties. Zoning Administrator Action 04-008 Conditional Use Permit 04-018 Exhibit A Page 4 ORANGE COUNTY FIRE AUTHORITY (5) 4.1 (5) 4.2 Prior to issuance of a building permit, 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 permit, 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) 5.1 (5) 5.2 (5) 5,3 FEES (1) 6.1 Prior to the issuance of building permits 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. 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 and; b. Orange County Fire Authority Fees. Zoning Administrator Action 04-008 Conditional Use Permit 04-018 Exhibit A Page 5 (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.