HomeMy WebLinkAboutCUP 05-010
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DATE:
TO:
FROM:
SUBJECT:
Inter-Com
MAY 23, 2005
ZONING ADMINISTRATOR
COMMUNITY DEVELOPMENT DEPARTMENT
CONDITIONAL USE PERMIT 05-010
APPLICANT:
PROPERTY
OWNER:
LOCATION:
ZONING:
ATLANTIC RICHFIELD COMPANY
ATTN: DARRELL FAH
4 CENTERPOINTE DRIVE
LA PALMA, CA 90623
JOHN PEDICINI
BOX 10533
NEWPORT BEACH, CA 92659
14231 RED HILL AVENUE
RETAIL COMMERCIAL (100, C-1, 10,000)
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 RE-ESTABLISH AN EXISTING
TEMPORARY SOIL REMEDIATION SYSTEM AND ESTABLISH
A TEMPORARY GROUNDWATER REMEDIATION SYSTEM AT
AN EXISTING SERVICE STATION FOR THREE (3) YEARS.
REQUEST:
RECOMMENDATION
That the Zoning Administrator adopt Zoning Administrator Action No. 05-010 approving
Conditional Use Permit 05-010.
BACKGROUND
The project site is located at a gas station at 14231 Red Hill Avenue on the southwest
corner of Red Hill Avenue and Mitchell Avenue as identified on the Location Map
(Attachment A). The property is zoned as Retail Commercial (100, C-1, 10,000) and is
currently used as a gas station with a small market. Adjacent uses include a commercial
Zoning Administrator Report
CUP 05-010
Page 2
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center immediately adjacent to the north and west, single-family residences to the south
across Mitchell Avenue, and the Make-A-Wish Foundation offices to the east across Red
Hill Avenue.
DISCUSSION
The applicant is requesting authorization to utilize an existing soil vapor extraction unit
previously approved per Design Review (DR) 96-023. DR 96-023 authorized construction
of a temporary system to be installed within a fourteen (14) foot wide by seventeen (17)
foot long by eight (8) foot high chain-link fence enclosure with plastic slat inserts
(Attachment B - Submitted Plans). The equipment operation was approved between the
building and the north property line for thirty (30) months from the time of building permit
issuance. The building permit was issued on August 12, 1996, and the equipment has
been operating since it expired on February 12, 1999.
The applicant is requesting to legally re-establish the existing soil vapor extraction, and
expand the enclosure an additional sixteen (16) feet in length to the west to accommodate
a groundwater holding tank, a bag filter, a transfer pump, and three (3) granular activated
carbon vessels. A concrete pad and eight (8) inch high concrete berm would be installed
within the groundwater remediation equipment enclosure to contain accidental spills.
/
The proposed groundwater and soil remediation equipment would be used twenty-four
(24) hours a day, and the service station would remain open while the equipment is in use.
The equipment would be located in an enclosure along the north property line and would
not encroach into any existing parking spaces or drive aisles. Visibility of the equipment
would be minimized given that the equipment would be toward the back corner of the
property and screened from view within an eight (8) foot tall enclosure. The applicant is
requesting to operate the soil and groundwater remediation systems for up to three (3)
years, pending final clearance from the Orange County Health Care Agency (OCHCA).
The existing and proposed enclosure and equipment would be removed at the end of
three (3) years or upon completion of the remediation process per Condition 1 .9; future
requests to extend the duration of the operation would need to be processed per Condition
1.1.
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 05-010
Page 3
Groundwater and Soil Remediation Process
The groundwater remediation equipment involves the pumping of hydrocarbon
contaminated groundwater from existing monitoring wells with an air compressor into an
air/water separator where water is turned into water vapor. The water vapor is then
pushed into a thermal oxidizer where petroleum hydrocarbons where vapor is discharged
to the atmosphere pursuant to guidelines of the South Coast Air Quality Management
District (SCAQMD). The air discharge may not exceed threasholds established by the
permit. Once the water vapor returns to a liquid state, it is discharged into an "air stripping
unit" where air is removed from the previously aerated water vapor. Subsequently, the
water is filtered through three (3) granular activated carbon vessels where any remaining
particulate is removed prior to the purified water being ready to be discharged to the
sanitary sewer subject to obtain all necessary approvals from the Orange County
Sanitation District (OCSD) per Condition 4.3. Alternatively, the applicant could truck
contaminated water to an off-site treatment center provided that proper permits are
obtained and presented to the Community Development Director prior to hauling
operations.
The soil remediation equipment vacuums air from on-site dry wells and the hydrocarbon
vapors contained in the air are burned off in association with a SCAQMD permit which
requires filtering and threshold monitoring in the same manner as the groundwater
remediation. Initially the hydrocarbon vapors are self sufficient fuel for the burning
process. Later in the remediation process, natural gas must be added to maintain a
burning flame. Soil is not unearthed for either the groundwater or soil remediation
process. Pursuant to the applicant's SCAQMD permit, all wells must be capped once the
process is complete to prevent any remaining hydrocarbons from escaping into the air.
Noise
The City's noise ordinance limits sound produced by the equipment to 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 mitigation
measures and install sound insulation materials.
FINDINGS
A decision to approve this request may be supported 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.
Zoning Administrator Report
CUP 05-010
Page 4
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 earlier 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 would be adequately housed 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. The equipment would be
required to comply with the Tustin Noise Ordinance; as conditioned, 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.
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.
/'
5)
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.
$/A,/;{WJJX
Matt West
Associate Planner
Attachments:
A - Location Map
B - Submitted Plans
C - Zoning Administrator Action No. 05-010
S:\CddIZAREPOR1\2005\CUP 05-010 (ARGO Remediation).doc
/'
ATTACHMENT A
LOCA liON MAP
LUL:A liON MAP
ID
PROJECT NO.
ADDRESS
CUP 05-010
LOCATION:
14231 Red Hill Avenue
REQUEST:
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
(Applicant: Atlantic Richfield Company;
Owner: John Pedicini)
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ATTACHMENT B
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ATTACHMENT C
ZONING ADMINISTRATOR 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 properly 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
Reguiations (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 23rd day of May, 2005.
Dana Ogdon
ACTING 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. 05-010 passed and adopted at a regular meeting of the
Tustin Zoning Administrator, held on the 23rd 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.
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(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 (CPG), 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 subrnit 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
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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.
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(*) 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.