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HomeMy WebLinkAboutZA ACTION 06-011 ZONING ADMINISTRATOR ACTION 06-011 CONDITIONAL USE PERMIT 05-043 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 05-043 was filed by Frey Environmental, Inc., on behalf of Makena Great America, requesting authorization to temporarily operate soil vapor and groundwater extraction equipment to remove subsoil hydrocarbons at 14001 Newport Avenue. B. In accordance with Tustin City Code Section 9270bld), soil remediation activities are allowed in any zoning district with an approved conditional use permit. 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 commercial property through soil and groundwater remediation activities at a contaminated site. 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 which shall occur via the permit the project proponent shall maintain with the South Coast Air Quality Management District. C. That the establishment, maintenance, and operation of the use applied for will not. under the circumstances of this case, be detnmentalto the health. safety, morals. comfort, or general welfare of the persons residing or working in the neighbori1ood 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 remediation equipment is necessary to faCilitate groundwater and soii 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 generated during the process will, as conditioned be disposed of by a licensed hauler at an appropriate recycling/disposalfacility. Zoning Administrator Action 06-011 Conditional Use Permit 05-043 Page 2 2) The installation and operation of extraction and treatment eqUipment would be temporary for a period not to exceed two (2) years 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 and groundwater would benefit human health and the environment and protect the health, safety, morals, comfort, and general welfare of persons residing or working In the nelghbomood and improve the condition of the property. 4) The temporary equipment will be adequately housed within an opaque vine-covered enclosure and. as conditioned, will utilize equipment and/or sound allenuation methods 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. 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 December 18, 2006, by the Zoning Administrator. II. The Zoning Administrator hereby approves Conditionai Use Penni! 05-043 authorizing the operation of temporary soil remediation equipment within a temporary enclosure at 14001 Newport Avenue, 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 18th day of December, 2006. f=:d~ RECORDING SECRETARY ~-- ~~ DanaOgdon ACTING ZONING ADMINISTRATOR Zoning AdmlnlstralorAcllon 06 011 Conditional Use Permit 05 043 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 06-011 was passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 18th day of December, 2006_ ~wu. Eloise Harris RECORDING SECRETARY EXHIBIT A CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 05-043 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted 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 rf 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 05-043 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 recordmg 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 05-043, 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. SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODE/S (4) DESIGN REVIEW (S) (6) (7) - RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUlOELlNES PCICC POLlCY EXCEPTIONS ~-----.,.---- Zoning Admini"tratorAction 06-011 Condition<ll Use Permit 05 043 IoxhibitA P<lge2 (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 C ity Council may establish by ordinance or resolution, and for each day the violation exists. subject to the appiicable notice, hearing. and ap peal 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 attomeyfees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. (5) 1.8 Conditional Use Permit 05043 is valid for two (2) years, until December 18, 2008. 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 equipment require removal and the site must be retumed to preexisting conditions. ("*) 1.10 The project proponent is responsible for conlinuous monitoring of the conditio n of the equipment endosure and must make repairs whenever damage, detenorallon, vandalism, ordebnsaccumulation IS apparent or WIthin two (2) days upon nollficallon from the City that sucl1 repairs are required. The project proponent shall ensure that repair(s) to the equipment endosure are comp Imed so that all components thereof are uniform in color and material. PL.AN SUBMITTAL (1) 2.1 A building permit is required for the soil remediation equipment and associated gas and electrical lines. At the time of building permit application, the plans shall comply with the 2001 California BLlIldlng Code (CBC), 2001 California Mechanical Code (CMC), 2001 California Plumbing Codes (CPC), 2001 Califomia Electrical Code (CEC), Califomia 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 mechanical, plumbing and electrical drawings. . Structural calculations, two (2) copies(when applicable) Zoning Administrator Action 06-011 Conditional Use Permit 05-043 Exhibit A Page 3 . Note on plans that no field changes shall be made without prior approval from the Building Official and architect or engineer of record. (5) 2.2 If the Building and Safety Division estimates that the project will have a 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. (5) 2.3 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 incompliance 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 all associated costs. (5) 2.4 During the life of the project, the project proponent will be required to repair any damage that the project causes io existing street improvements and/or utilities. (5) 2.5 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) 2.6 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. (-.0) 2.7 The plans submitted into plan check must show that the enclosure fence wiil not exceed Six (6) feet eight (8) inches in height and that the priva cy slats to be inserted Into the fence will consist of green vinyl material and be covered with a vine treatment. The plans submitted into plan check must identify the botanical name of the vine treatment for the fence and the selected vine shall be subject to staff approvaL 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. ZoningAdministratorAction06-Q11 CondlllonalUsePermit05-043 Exhibit A Page 4 (S) 3.3 Upon completion of site remediation, all soil vapor extraction, groundwater extraction, and monitoring wells must be tenninated in a manner acceptable to the satisfaction of the South Coast Air Quality Management District and the Orange County Health Care Agency. (.....) 3.4 The enclosure access gate is to remain closed at all times except for acce ss to Inspect and maintain the remediation equipment. OUTSIDE AGENCIES (5) 4.1 The applicant shall obtain all necessary pennits from the South Coast Air Quality Management District (SCAQMD) related to the operation, Installabon, and monitoring of the subject site and equipment. (5) 4.2 The applicant shall obtain all necessary penn its from the Orange County SanitaUon District prior to disposal of purified groundwater into the sanitary sewer system. (5) 4.3 Prior to the issuance of a building pennit, 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 ciearances from the State Department of Occupational Safety and Health Administration. (5) 4.5 All wastewater and 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 building pennit issuance. Transportation of contaminated matenal and hazardous materials shall be In accordance with the regulations ofthe following agencies: . United States Department of Transportation; . United States Environmental Protection Agency; . Califomia Environmental Protection Agency; and. . Califomia Division of Occupationai Safety and Health Administration. The wastewater disposal site must also be disclosed to the Community Development Department prior to building peffilit issuance. Zoning Adminislrator Action 06-011 Conditional Use Permit 05-043 ExhibilA Page 5 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 pennit 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 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 detenninatlon under the provisions of the California Environmental Quality Act could be significantly lengthened.