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HomeMy WebLinkAboutZA ACTION 05-010 ZONING ADMINISTRATOR ACTION 05-010 CONDITIONAL USE PERMIT 05-010 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 05-010 was filed by Darrel Fah, on behalf of the Atlantic Richfield Company, 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 14231 Red Hill Avenue. B. In accordance with Tustin City Code Section 9270b(d), the removal of earth is allowed with an approved conditional use permit in the Retail Commercial (C-1) Zoning District and within the Community Commercial 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 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 up to thirty-six (36) months and will be removed at that time or upon completion of the process, whichever is earlier. Zoning Administrator Action 05-010 Conditional Use Permit 05-010 Page 2 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 would be adequately screened from view within an enclosure on the property to buffer the use with the adjacent commercial center, and would be on the north side of the building opposite of the single-family residential property located south of the building across Mitchell Avenue. As conditioned, while the equipment would be required to comply with the Tustin Noise Ordinance, the noise levels may be verified prior to final inspection and the applicant required to install sound insulation materials or as deemed necessary by the Community Development Director. 5) The location of the equipment would allow the service station to remain in business during the remediation process. On-site parking or circulation, including trash services, 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. D. 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). E. That a public hearing was duly called, noticed, and held on said application on May 23, 2005, by the Zoning Administrator. II. The Zoning Administrator hereby approves Conditional Use Permit No. 05- 010 authorizing the operation of temporary groundwater and soil remediation equipment, for up to thirty-six (36) months within a temporary enclosure at an existing gas station at 14231 Red Hill Avenue, subject to the conditions contained within Exhibit A attached hereto. Zoning Administrator Action 05-010 Conditional Use Permit 05-010 Page 3 PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular meeting held on the 23'd day of May, 2005. ~ Eloise Harris RECORDING SECRETARY ~ ()~&- Dana Ogdon ACTING 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. 05-010 passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 23'd day of May, 2005. ~~ Eloise Harris RECORDING SECRETARY EXHIBIT A CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 05-010 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped on May 23, 2005, 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 05-010 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 05-010, 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 05-010 Conditional Use Permit 05-010 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 05-010 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 The enclosure and all equipment shall be removed no later than May 23, 2008, or upon completion of the remediation process pursuant to clearance from the Orange County Health Care Agency (OCHCA), or whichever comes first. (*) 1.10 Prior to building permit issuance, the applicant shall replace all existing slats in the existing equipment fencing enclosure to match the new slats to ensure the entire enclosure maintains a uniform appearance. USE RESTRICTIONS (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 Zoning Administrator Action 05-010 Conditional Use Permit 05-010 Exhibit A Page 3 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 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 (1) 3.1 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. . Note on plans that no field changes shall be made without prior approval from the Building Official and architect or engineer of record. (5) 3.2 Prior to issuance of a demolition and/or Building permit having valuation of $50,000 or greater, the applicant shall submit for approval by the City of Tustin, Construction & Demolition (C&D) debris collection, disposal, and diversion information on the city prescribed form. At least 50% of the construction debris shall be diverted from landfill to a recycling plant(s). A security deposit in amount of $50 per ton (not to exceed $5,000 per project) for a C&D security deposit will be collected prior to issuance the permit. Prior to a final inspection, the project proponent must submit documents to the City of Tustin (Le. receipt from vendor) showing the actual weight or Zoning Administrator Action 05-010 Conditional Use Permit 05-010 Exhibit A Page 4 volume of each material of C&D diverted to the recycling center. (5) 3.3 During construction the project proponent shall follow the Best Management Practices (BMPs) identified in the letter dated January 18,2005 that was submitted with the project application. 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. (5) 3.4 During construction, the project proponent shall place an appropriate safety barrier around all areas of trenching and equipment installation. All open trenches shall be covered with metal plating during non-construction hours or when not actively being implemented. 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 all necessary approvals from the Orange County Sanitation District (OCSD) prior to discharging groundwater into the sanitary sewer. 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. (*) 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 Zoning Administrator Action 05-010 Conditional Use Permit 05-010 Exhibit A Page 5 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. b. 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.