HomeMy WebLinkAboutCUP 04-025
DATE:
TO:
FROM:
SUBJECT:
Inter-Com
OCTOBER 4, 2004
ZONING ADMINISTRATOR
COMMUNITY DEVELOPMENT DEPARTMENT
CONDITIONAL USE PERMIT 04-025
APPLICANT:
PROPERTY
OWNER:
LOCATION:
ZONING:
EXXON MOBIL OIL CORPORATION
ATTN: JENNA LAWRENCE
2220 OTAY LAKES ROAD #502, PMB #99
CHULA VISTA, CA 91915-1009
KC/OB PARTNERS, LLC
ATTN: TIM O'BRIEN
4533 MACARTHUR BOULEVARD, PMB #216
NEWPORT BEACH, CA 92660
12972 NEWPORT AVENUE
RETAIL COMMERCIAL (C1)
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 SOIL
VAPOR EXTRACTION EQUIPMENT WILL BE PLACED ON THE
PROPERTY FOR APPROXIMATELY ONE YEAR.
REQUEST:
RECOMMENDATION
That the Zoning Administrator adopt Zoning Administrator Action No. 04-008 approving
Conditional Use Permit 04-018.
"
Zoning Administrator Report
CUP 04-018
Page 2
BACKGROUND
Location
The project site is located at an existing E-Z Lube oil change facility at 12972 Newport
Avenue on the northeast corner of Newport Avenue and Old Irvine Boulevard as identified
on the Location Map (Attachment A). The property is zoned as Retail Commercial.
Adjacent uses on all sides are retail shopping centers. All equipment and operations will
be located in a temporary chain-link enclosure at the southeast section of the property.
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, Chapter 6.5 of California Health and
Safety Codes and Title 22 of the California Code of Regulations require that the
contaminated soils be remediated as administered by the OCHCA
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 Environmental Information Form
submitted with the application, the proposed soil remediation equipment would be used
twenty-four (24) hours a day for approximately nine (9) months in association with the
continued operation of the existing E-Z Lube.
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 groundwater and soil remediation operations for any length of time.
Zoning Administrator Report
CUP 04-018
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 burned 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.
Natural gas is added to the air containing the hydrocarbon vapors to maintain a burning
flame for the burning process. 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 E-Z Lube facility will remain open while the equipment is in use. On-site parking will
not be used or affected because the equipment will be located in an existing landscape
planter located at the northeast corner of the property. The planter currently contains a
thirteen and one half (13.5) by seven and one half (7.5) foot chain link enclosure that was
previously constructed in anticipation of containing soil remediation equipment. The
enclosure fence is eight (8) feet tall and will cover all the equipment except for the nine (9)
foot tall thermal oxidizer stack. The existing enclosure consists of a gate that swings open
into the drive isle of the retail center to the east. Condition 2.1 requires the applicant to
obtain building permits and render the existing gate as non-operable and to construct a
new gate that opens onto the E-Z Lube occupied property. As indicated in Attachment B,
the chain link enclosure will have nylon fabric or plastic slats on it to screen the
remediation equipment. Additionally, the applicant will plant aggressive growth vines in
the planter in anticipation that they will grow onto the enclosure. The facility will be visible
from Old Irvine Boulevard and Newport Avenue; however, the use is temporary, is at the
most remote section of the property. Pursuant to Condition 1.9, at the completion of the
remediation, the existing enclosure and equipment require removal and the landscape
planter restored.
Noise
The City's noise ordinance limits sound produced by the equipment to 60 decibels. In a
letter dated September 10, 2004, the applicant indicates noise abatement materials will
be employed within the enclosure to ensure that the noise generated by the equipment
will not exceed 60 decibels. Condition 2.1 requires staff to obtain a decibel reading of
the equipment to verify that it produces no more than 60 decibels of noise. If the reading
exceeds the threshold, the Community Development Director may require the applicant to
provide additional mitigation measures and install sound insulation materials.
/"---"
Zoning Administrator Report
CUP 04-018
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 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 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.
~
ha rtlieb
Associate Planner
., .
!-<Jt\.x '- t c.L f.{F~'-
Karen Peterson
Senior Planner
Zoning Administrator Report
CUP 04-018
Page 5
Attachments:
A - Location Map
B - Submitted Plans
C - Zoning Administrator Action No. 04-008
S:\Cdd\ZAREPORT\2004\CUP 04-018.doc
ATTACHMENT A
Location Map
!ElB
I ~~
/
;/
~.l
'-+1;
. : I .
m., .
, ,
, ,
, ,
TUSTIN
CITY
MAP
LEGEND
..._". rus"NClTYlIMrrs
~"_"_ CITYUld,rn(OTI-El1
I
o 75 150 225 300
SCALE IN FEET
~
ATTACHMENT B
Submitted Plans
/--
/
Street & Highway
Easement
/
LEGEND:
-$- GROUNDWATER MONITORING WELL
-$- VAPOR EXTRACTION WELL
Pl PROPERTY LINE
;:,"
0'
-.s
'"
t'
{j
,d
""
~'?9~
~
I
\
1-0
-C""
I
Inner Boundary of
Street & Highway
Easement
~
~
%
"'-
'"
Easement
"
~
~
-;
EZ-WBE
.W<
REMEDIATION
COMPOUND
Temporary Power Poie
Inner Boundary of
Street & Highway
Easement
0(0
o
'00
+('
~
00j
-('J-
'11f>()
Pole Mounted Transformer
Pole #1419578E
~~(
~~,
~
@
D 40
I , I
Scale (feet)
"
"
(Base Map Source: Kleinfelder 2001 and Frey 1996)
SITE MAP
FORMER MOBIL SERVICE STATION 18-FHW
12972 NEWPORT AVENUE
TUSTIN, CAliFORNiA
FIGURE:
1
: ~ ~IL~
%
"
~
..1
w~
0c<
Z::J
""a> :::;
>-. ""
wo 0::
>'"
Z . ::J
OU a>
u5': 0
Zo '"
0... W
-w
e-..1 "-
..1 U::J 0
..1 <iO I
W "'W ~
:;: e-I
Z Xu
0 WCf) '"
"'I
i= 12u 0 W
U Z e-
<....JC::(Z Q; W
lr-l>' :;:
I-wO:::!:.. "- Cf)
GS:;:Z0 Cf) <i
-'z='z <i 0
0000: CJ '"
~i=O::a: ..1 0
~ <i
"'UCJ '" u.
O<i'" ::J a>
W e-",W e- ::J
(.9 Z I- 0 "" e-
W Oxz Z Cf)
...J :;: W ::J
~-lI>'"
"
~
. ~
"
/
;/
W
Z
:J
>-
e-
'"
W
"-
o
'"
"-
;;
0
N N
0 ~
'" -c
~
a; 'E
.~
m ~ ;2
"=-
"' ~ c
1i 0
u -c
Cf) ~
~
ro
@.
0
,ss
~'"
I~
00
::;~
N
;,
"
N
;,
>
~
~
"'i
/
~'"
~
"
W^"'"
u >,
("l. " .....
;,~ #' ,
;,
o
"
~~~
~5
0,,-
w:;:
:::;0
~h/ "'"
' "
/ /' ",
' ,
/: / ",
' ,
",' "'~
/
,
/
/
,
,
,
,
,
,
,
,
,
'-I
~
~
N
1d
,oz~
3nN3^ It HJOdM3N
z
;;:
"
~
~
L
I.
~
o
a:::
<(
>
W
--.J
::J
o
m
w
z
>
a:::
o
--.J
o
10'
:2:
w
f-
en:;:
>-I
enLL
Z.
0;'"
i=Z
::0;0
Oi=w
W<(::J<(
:2:f-Z_
WenWZ
O::W>o::
0::0<(0
O-f-~
LL5':o::...J
f-wO<(
::JenCl..O
O...J$:Z
>--W_
<(COZf-
...JON~
(.9:2:r--f-
zcr~
O:::W.,.
-:2:
Cl..o::
WO
OLL
<(
LL
0::
::J
(/)
CO
::J
en
U~
I-~
LUtE
~
/-
Kl!LI/ao aNolrOPlld 1t'Mm.J
-'"
'"
~
~
'"
c.
g;,
co
'0
t:::
~
::>
o
.c
,
...
N
'"
~
CO
<f)
c:
o
~
~
'"
c.
o
(II')
"'
OJ ;;
'" ~
::> <q ~
() '" jj
I.U
Iii 0 (/)
'"
()
Z 0
0
()
;. ifJ
~
w
~
o
~
"
w
~
o
~
>
"
~
"
o
~
Iii
~
~
~
~ z
w w
u w
z "
w u
~ 0
" >
Z U
~ ~
~ a:
~
;;
~
"
'-
o
w
00
o
~
o
"
~
d/
~~
t:i~
,.
"0
w
"t;;
z "
~ ~ 0
~ 8 ci:
o
w
00
=>
~
o
;s
w
~
'"
"
z
~
X
w
.
" u."
Ii "0 52
~ffi~ W Z en
'<!(/)oo'"
g~~ c.. i= ~
0<(-
a:::u9
a.ox
-'0
il
~g:
!I
o
~
w
r- ~ ~
~ w :>
Q. ~ '"
.. w ~ w
o () ~ a.
Z z 0:: U)
~ ~ ~ ~
~ . "" 181
f- <1::
=>5;2:
~:r:IY
<1::u..o
, , u..
......<X>:J
Cl~<1::
zZu
=>0 _
~j::~
2<1::f-
ot!igs
Uwf-
f- U -
Z -> ~
wIYz
2ww
D..cn>
5--,<1::
O-f-
W~IY
Z2~
9IY5;
f-ww
:;!;2Z
ClIYN
wo~
2u..cr>
w N
IY ~
u~
_w
~~
LUtE
~
:)Ma.tOllOd~OJ :JrNN]ll~
taira/50
'" /
" "
os ~
0 ~
. ID
> ~
0 0;
>, E 0
. ~ "
0 (f)
, !O. 0 ,".
"
~ TI .
~ .. 0
~ ~ CO
E " l' N .',
"'
0 ~ "
" 0; "
. " "'
E ~ ~
N U) 0 ,
TI 0 U
'" 0 ~ .
0 E , "
;; 0 0
~ ~ U ~
~ E . ,. "
0 0 "
U '" X
TI TI W
. "
.
0 TI
~ 0
0 0
a: Iii
"
~
.
r
"
N
"
e
~
~
<<
l'
.
TI
o
"
U)
.
0;
~
.
TI
.~
"
I-------..
e
<L
0;
.EO
~
o
.EO
~
.0
o
.
~
U
'"
~
o
"t;
.x
w
l'
"
"
"'
'"
.EO
o
U)
TI
o
o
o
~
E
o
U
TI
.
~
~
o
a:
.
,.
:".
"
o :,;
Z5Z
~IO::
0,,-0
a. ' "-
~~::J
OZ<{
U 0 U.
Z-Z
01--
-<{I-
I-I-CIJ
<{CIJ~
OWl- .'
W S2 w'
::;;>~
WO::Z
o::ww
CIJ>
Z-l<{
Qrol-
1-00::
<{::;;o
[;jo::~
-lWW
W::;;Z
1-0::",
ClJOr--
<{"-en
W '"
~
u~
'"
I-~
UJ~
~
-vO/Lt/gO ~MC"\O-SOO\l :3~\lN3::J
III ;-
~
... 0:
""
-""
.:;JIUL
tStl8
""'"
Q) 0
.. c ~
" Z 0
,,, .. ::z: ~
dU .
~d ,., ....,
wI;; , ~ ~ 0
... ~ ~ U
d
U LC"J en
N 0
., f-
~ i!J ~ g
~
~ -< ~
" u
~ "
"0
.. .
.. >
c-
o.
u>
E
o
....
V>
.:=:
o
a
..
. .
c.
...
-..
~""
c
.Q
~
o
~
c
Q)
E
::J
....
~
en
c
..
,
~
""
~
~
v
c
o
~
~
..
.
~
.
"
.
.
.
u
o
~
. h
~~OJ
.0
...
~'"
en
en
Q)
U
o
....
0...
j,
""
c
o
"
2
a
~
~
c ~
-a "0
.a 6
o "
.. ~
~ ,g
J!
;;...
~.e
.. d
0"
~.
.~
>.%
.
...
.
:5
"
~
U
o
!,:
rr:
w
N
o
X
o
U
f-
)-
..J
<[
f-
<[
U
'-
..J
<[
Z
rr:
w
I
f-
a
a
LD
'-
a
LD
N
U
f-
o
~
J ~
.s cc ~
_0 !<'
a.i g ~ -:;
.2 cO>
> ~ E.
!;; ~~
In ..,~ ~
~ n ~
>. ~ tJ o;l
a. g-j;f =
g- ~~ 1
tn ;z:; >- :f
o o;r
oS; ~< ~
,;j ~~ ~
0:
ATTACHMENT C
Zoning Administrator Action No. 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.
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.
Eloise Harris
RECORDING SECRETARY
EXHIBIT A
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT 04-018
~
GENERAL
(1) 1.1 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.
(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 04-018 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 04-018, 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, 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
...
~
Zoning Administrator Action 04-008
Conditional Use Permit 04-018
Exhibit A
Page 2
(1)
(1)
1.7
(5)
1.8
(5)
1.9
SPECIFIC
(1)
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.
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) 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.
(5) 2.3 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) 2.4 No outdoor storage shall be permitted except as approved by the Tustin
Community Development Director.
(5) 2.5 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. 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.
(1) 2.6 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)
3.1
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)
3.2
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.
(5)
3.3
Permission from property owners shall be required for any work located on
adjacent properties.
ORANGE COUNTY FIRE AUTHORITY
Zoning Administrator Action 04-008
Conditional Use Permit 04-018
Exhibit A
Page 4
(5)
(5)
4.2
4.1
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~