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HomeMy WebLinkAboutCUP 06-019 DATE: TO: FROM: SUBJECT: Inter-Com NOVEMBER 27, 2006 ZONING ADMINISTRATOR COMMUNITY DEVEL.OPMENT DEPARTMENT CONDITIONAL. USE PERMIT 06-019 APPLICANT! PROPERTY OWNER: L.OCATION: ZONING: REKHA BAJARIA 6116 OCEAN TERRACE DRIVE RANCHO PAL.OS VERDES, CA90275 535 EAST MAIN STREET CENTRAL. COMMERCIAL. AND COMBINING PARKING DISTRICT (C2P) ENVIRONMENTAL. STATUS: THIS PROJECT HAS BEEN DETERMINED TO BE CATEGORICAL.L.Y EXEMPT PURSUANT TO SECTION 15330 (CLASS 30) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). AUTHORIZATION TO TEMPORARIL.Y OPERATE A SOIL. VAPOR AND GROUNDWATER EXTRACTION UNIT TO REMOVE HYDROCARBONS FROM THE SOIL. FOR NO L.ONGER THAN ONE YEAR. REQUEST: RECOMMENDATION That the Zoning Administrator adopt Zoning Administrator Action No. 06-010 approving Conditional Use Permit 06-019. BACKGROUND The project is proposed at 535 East Main Street on property improved with a small commercial building as identified on the Location Map (Attachment A). The property selVed as a gas station prior to being redeveloped with the existing commercial building. Zoning Administrator Report GUP06-019 Paga2 Soil remediation activities have occurred at the site in the past and monitoring wells remain on-site. The property is zoned as Central Commercial and Combining Parking District and has a General Plan Planned Community Commercial/Business designation. The site is confined between a car wash/gas station and an office buiiding to the north, Main Street to the south, Centennial Way to the west, and Newport Avenue to the east. DISCUSSION Purpose Hydrocarbons exist in the on-site soil and groundwater. The Orange County Health Care Agency has requested that the responsible party remediate the soil and groundwater to prevent the migration of the contamination and to protect human health, as required by Chapter 6,5 of California Health and Safety Codes and Title 22 of the California Code of Regulations, 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 condftional use permits for groundwater and soil remediation operations for any length of time. DurationotUse As indicated in the letter submitted with the application, the proposed soil vapor and groundwater extraction equipment would be used for no longer than one (1) year while the existing on-site commercial uses continue to operate, Proposed Condition 1.8 would allow the applicant to request that the Zoning Administrator extend the use of the remediation equipment if evidence is provided showing that remediation is not yet complete. Proposed Process and Operational Configura lion The soil and groundwater remediation will operate concurrently. Extracted fuel vapors will be treatedlburned by a thermal oxidizer. The carbon dioxide byproduct of the process will be monitored under the permit process of the South Coast Air Quality Management District which verifies that air pollutant thresholds are not exceeded. Extracted groundwater from the process will be treated/filtered by granular activated carbon before being released into the sanitary sewer system. Zoning Administrator Report CUP06-0'9 PageS Equipment and operations are proposed to be temporarily located in a 16 by 18 foot area currently occupied by two parking spaces at the north edge of the property (Attachment B - Project Plans). The enclosure will be surrounded by a six loot high, ground-anchored, chain-link fence with vinyl slats which will obscure all the equipment except a thermal oxidizer stack which is typically 10-12 feet tall. The access gate will be located OIl the north elevation of the fence, A temporary power pole and associated meter will be located a few feet north of the enclosure in an area occupied by an electrical transformer. Extraction wells currently exist on-site Irom previous remediation activ~ies. Three existing wells will be used for the subject remediation activities. Drilling or boring will not occur in association with the project. The facility will not be readity visible from Newport Avenue or Main Street because it is obstructed by an on.s~e trash enclosure and a commercial building. Furthermore, the facility is located in an opaque lenced enclosure. The fenced enclosure and protruding stack will be visible from Centennial Way and from the two-story office building that exists north of the site. Pursuant to Condition 1.9, at the completion of the remediation or expiration of the permit, whichever comes first, the existing enclosure and equipment require removal and the site must be returned to preexisting conditions. Noise The City's noise ordinance limits sound produced by the equipment to 60 decibels. The applicant provided supplemental information with their application indicating that the noise generated by the equipment is 70 decibels. Staff is proposing Condition 2.6 to require the equipment to utilize sound attenuation devices to ensure that the equipment will not produce more than 60 decibels of noise. II a post-construction staff conducted noise reading exceeds the threshold, the Community Development Director may require the applicant to provide additional mitigation measures and install sound insulation materials. ANALYSIS In determining whether to approve the Conditional Use Permit, staff has prepared the findings below that the Zoning Administrator may use to determine that the temporary soil remediation activity will not be detrimental to the health, safety, morals, comfort, and general welfare 01 the persons residing in or working in the neighborhood, and that the temporary soil remediation will not be injurious or detrimental to property or improvements in the vicinity, or to the welfare of the City. Should the Zoning Administrator choose to deny the proposal or any aspects of the proposal, alternative findings would need to be ZOllillg Administrator Report CUP06-019 Page 4 provided which staff would need to return to the Zoning Administrator with a revised action at a later date. Staff recommends that the Zoning Administrator approve the request based upon the following findings: 1) The proposed soil vapor and groundwater 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. Vapors removed will comply with a permit from the SCAQMD, and water disposed of in the sanitary sewer shall comply with a permit from the Orange County Sanitation District. 2) The installation and operation of extraction and treatment equipment would be temporary for a period not to exceed 12 months and will be removed and the site returned to preexisting conditions upon completion of the remediation process on the site. 3) Removing contaminates from the soil would b€nefrt the environment and protect the health, safety, morals, comfort, and general welfare of persons residing or working in the neighborhood and improve thecondilion of the property. 4) The temporary equipment will be adequately housed within fencing and, as conditioned, will utilize noise reduction equipment to ensure that the project will comply with the noise ordinance. The Community Development Director could require the applicant to install additional sound insulation materials after the initiation of the remediation use, if needed. 5) The location of the equipment would allow existing on-site commercial uses to remain in business during the use of the remediation equipment. ~~ a Ortlieb Associate Planner Attachments: A-Location Map B-SubmirtedPlans C - Zoning Administrator Action No. 06-010 S;\C<ldIZAREPORT12OO6\CUP06-0Wdoc ATTACHMENT A LOCA nON MAP LOCATION MAP CONDITIONAL USE PERMIT 06-019 [JtI -- , '" If', "I" I II' 'f'! "'" ? TUSTIN = .~ ".~ ----- --~-,,-, ATTACHMENTB PROJECT PLANS , , , , , - ! ! , , , , --l,........ . t . , ~ ~ " . I:':! . ~ i ~ " ~ . ~ " i " ~ ~ 0 . ~ " " l " , ~ , " . - c 0 - ~ '" " , . , " ~ . - I 0 " " ,.1 :;\1 , ~jt: " ::.:: ._1-. -~:-- -- - ill. 0 ~ , I ~ --- " z~ "' ;:;;: ~ --- o~ 5 c " s~ , I __ 0 -- ~~ 1____ ~ " " ~~ I_~:,~ ~ ~ " ". . . "z > " 0" --- '" z -- ~ ~, ~E ~ oZ ~~ .0 o. Z " ---- ""=; 15 . " ----~~~ _n . ~~ ~ --- '. ---. . ---- ~~ . J..VlA. 1VINN:3:J.N:1[:) . ~ . , '. ~.. 0" , 0_" ~. . z;jrno ~~ ~ i ~ .- 0. =.- oj ~ .....<du " P wt:::.I " , j ~ "';:1.= , - UiE-<w:;t ~ I . -~ , o~" s~ - , , ~ l ~ , I "'~ ~ ~ , , i . . ~ . !. II 'J 1 ; . Jl~ .. '. t~ . ~~ ~ ! , . , . . ! . . . E ~ ~ " , - 'i ~ , , ~ ATTACHMENT C ZONING ADMINISTRATOR ACTION 06-010 ZONING ADMINISTRATOR ACTION 06-010 CONDITIONAL USE PERMIT 06-019 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 06-019 was filed by Rekha Bajaria, requesting authorization to temporarily operate a soil vapor and groundwater extraction unit to remove hydrocarbons from the soil and groundwater at 535 East Main Streel. 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 permi!. The project is consistent with the Community Commercial land use designation of the City of Tustin General Plan because the remediation activity is consistent with the goal of revitalizing an older commercial property through the remediation activities at a contaminated fueling station. 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 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 workin9 in the neighborhood of such proposed use nor be a detriment to the property and improvements in the nei9hborhood 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 and groundwater 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. Vapors removed will comply with a permit from the SCAQMD, and water disposed of in the sanitary sewer shall comply with a permit from the Orange County Sanitation District. 2) The installation and operation of extraction and treatment equipment would be temporary for a period not to exceed 12 months and will be removed upon completion of the remediation process on the site. 3) Removing contaminates from the soil would benefit the environment and protect the health, safety, morals, comfort, and general welfare of Zoning AdministratorAction06-Q10 Conditional Use Permit06-019 Page 2 persons residing or working in the neighbomood and improve the condition of the property. 4) The temporary equipment will be adequately housed within fencing and, as conditioned, will utilize noise reduction equipment to ensure that the project will comply with the noise ordinance. The Community Development Director could require the applicant to install additional sound insulation malerials after the initiation of the remediation use, if needed. 5) The location of Ihe equipment would allow existing on-site commercial uses to remain in business during the use of the remediation equipment. D. This project is categorically exempt pursuant to Section 15330, Article 19, Class 30 of Tille 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 November 27, 2006, by the Zoning Administrator. II. The Zoning Administrator hereby approves Conditional Use Permit 06-019 aulhorizing the operation of temporary soil remediation equipment within temporary fencing at 535 East Main Street, subject to the conditions contained within Exhibit A attached hereto. PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular meeting held on the 27th day of November, 2006. DanaOgdon ACTING ZONING ADMINISTRATOR Eloise Harris RECORDING SECRETARY Zoning Administrator Action 06-010 Conditional Use Permit 06-019 Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITYOFTUSTIN ) 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 06-010 was passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 27th day of November, 2006. Eloise Harris RECORDING SECRETARY EXHIBIT A CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 06-019 GENERAL (1) 1.1 The proposed project shall substantially conform with the submilled plans for the project date stamped November 27, 2006, on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development 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 06-019 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 Condrtions 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 06-019, 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 empioyees, 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 particJpate in defense of any such action under this condition. SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUilDING CODEJS {4) DESIGN REVIEW (5) (6) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PCfCC POLICY EXCEPTIONS ... (1) 1.6 Any violation of any of the conditions imposed is subject to the payment of a dvil 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 Gouncil 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. (5) 1.6 Conditional Use Permit 06-01.9 is valid for twelve (12) months, until November 27, 2007. The applicant may request that the Community Development Director extend the permit expiration date if remediation activities are shown to require longer than anticipated. ("*) 1.9 At the completion of the remediation, of the remediation or expiration of the permit, whichever comes first, the existing enclosure and equipm entrequire removal and the site must be returned to preexisting conditions. ("') 1.10 The project proponent is responsibleforconlinuous monitoring ofth econdition of the equipment enclosure and must make repairs whenever damage. deterioration. vandalism, or debris accumulation is apparent or witl1in two (2) days upon notificalion from the City that such repairs are required. The project proponent shall ensure thatrepair(s) to the equipmentenclosur earecompleted so that all components tI1ereofare uniform in color and material. PLAN SUBMITTAL (1) 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 (CPG), 2001 California Eiectrlcal Code (GEC). California Title 24 Accessibility Regulations, Title 24 Energy Regulations, City Ordinances, and State and Federal laws and regulations. Building plan check submiltal shall include the following: . Seven (7) sets of construction plans. including drawings for mechanical,plumbingandelectrical. . Structural calculations, two (2) copies (when applicable) . Note on plans that no field changes shall be made without prior approval from the Building Official and architect or engineer of record. Zoning Administrator Action 06-010 Conditional Use PSrTI1it06-019 Exhibit A Page 2 (5) 2.2 Prior to issuance of a demolition andlor 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 (i.e. receipt from vendor) showing the actual weight or volume of each material of C&D diverted to the recycling center. (5) 2.3 Prior to discharging of processed groundwater into the sewer system, water shall be deemed safe by !he OCHD and the Orange County Sanitation District (OCSD) before entering the sewer system. (5) 2.4 Prior to final inspection, the Community Development Department 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 to provide mitigation measures and install sound insulation materials. The applicant shall bear ail associated costs. (5) 2.5 During the life of the project. the project proponent will be required to repair any damage that the project causes to existing street improvements and/or utilities. (5) 2.6 Prior to issuance of a temporary power pole permit, the project proponent shall obtain a new address for the electrical meter from the City of Tustin Public Works Engineering Division. (5) 2.7 If applicable, prior to any work in the public right-of-way an Encroachment Permit from the City of Tustin Public Works Engineering Division is required. (...) 2.8 Plans submitted for plan check must indicate that vinyl slats shall b einserted into the chain link fence enclosure. Zoning Administrator Action OIJ.-01O Conditional Use Permit06-D19 Exhib~A Page 3 USE RESTRICTIONS (5) 3.1 Contaminated material may not leave the site except as described in Condition 4.5. All necessary precautions and preventive measures shall be in place to prevent contaminated material from being washed away by surface waters or blown by wind. These controls shall be in accordance with Air Quality Management District Rule 1166. (5) 3.2 No outdoor storage shall be permitted except as approved by the Tustin Community Development Director. (5) 3.3 Upon completion of site remediation, all soil vapor extraction, groundwater extraction, and monitoring wells must be terminated in a manner acceptable to the satisfaction of the South Coast Air Quality Management District and the Orange County Health Care Agency. OUTSIDE AGENCIES (5) 4.1 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) 4.2 The applicant shall obtain all necessary permits from the Orange County Sanitation District prior to disposal of purified groundwater into the sanitary sewer system. (5) 4.3 Prior to the issuance of a building permit, the project proponent shall submit plans to the Orange County Fire Authority (OCFA) for review and approval of the remediation system. As part of the approval process, the project proponent shall comply with the OCFA "Guidelines for Completing Chemical Classification Packets" which is available on the OCFA website. (5) 4.4 The applicant shall obtain all necessary clearances from the State Department of Occupational Safety and Health Administration. (5) 4.5 If applicable. 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 06-010 Conditional Use Permit 06-019 Exhibit A Page4 FEES (1) 6.1 Prior to issuance of any building pennits, 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. (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 projecl. 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. ~---