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HomeMy WebLinkAboutAction Agenda 9-7-04 ACTION AGENDA ZONING ADMINISTRATOR MEETING SEPTEMBER 7, 2004 **"* CALL TO ORDER: 10:35 a.m. Community Development Department Conference Room ROLL CALL: Elizabeth Binsack, Zoning Administrator Chad Ortlieb, Associate Planner Eloise Harris, Recording Secretary PUBLIC CONCERNS: (Limited to 3 minutes per person for items not on the agenda) CONSENT CALENDAR: No Items on Consent Calendar PUBLIC HEARINGS: Conditional Use Permit 04-014 - Authorization to temporarily operate a vapor extraction unit at an existing gas station to remove hydrocarbons from the water and soil. The project is located at 17280 Seventeenth Street within the Planned Community Commercial zoning district. APPLICANT: Conoco Phillips PROPERTY OWNER: Enderle Center - EMS Development Company RECOMMENDATION That the Zoning Administrator adopt Zoning Administrator Action 04-007 approving Conditional Use Permit 04-014. The Public Hearing opened at 10:36 a.m. The Zoning Administrator asked the applicant's representatives to identify themselves. Christopher Swartz, ConocoPhillips, and Amer Hazboon, Delta Environmental Consultants, were in attendance. The Zoning Administrator asked if the representatives understood the conditions of approval and would be able to fulfill those conditions. Mr. Swartz asked for further clarification regarding the drawings requested in Condition 1.1 Zoning Administrator Agenda June 7, 2004 Page 2 Chad Ortlieb indicated these drawings are on KP-5 paper (photo paper) that allows staff to preserve a reduced set of BY:, x 11 plans on this paper until documents are transferred to microfiche. Mr. Hazboon asked if this paper is readily available. Mr. Ortlieb indicated that reprographic companies have this type of paper. Mr. Swartz asked for clarification regarding specific noise restrictions. Mr. Ortlieb indicated the noise conditions state that this zoning district allows 60 decibels from the property line; the landscaped area between the property and the public right-of- way provides some buffer; the buildings will block the noise emanating toward Yorba. The Zoning Administrator indicated there might be concerns regarding the condominiums to the south; there are buildings that separate the project from those condominiums, but there have been concerns related to noise and other issues emanating from Enderle Center to those residential areas in the past. Mr. Swartz stated there are various options for mitigating noise so that should not be a problem. Mr. Ortlieb explained the noise measurement taken is considered the control factor; if that control is exceeded, mitigation measures would be necessary. Mr. Swartz asked if the indemnity requirement in Condition 1.5 would be executed when the project is approved. The Zoning Administrator answered in the affirmation. Mr. Swartz said there should not be a problem, but he will submit that document to their legal department. The Zoning Administrator indicated that Condition 1.5 is a standard condition that has not yet required invoking. Mr. Swartz asked what would be required if the project is not completed within the one year specified. The Zoning Administrator answered that an extension would need to be submitted in writing, thirty days prior to the expiration of the conditional use permit, and the request could be handled administratively. If the permit is allowed to lapse, it would be necessary to go through the approval process again. Mr. Swartz was asked how long they expect the process to take. Mr. Swartz responded that it may take somewhat longer than a year. Mr. Hazboon added that everything is based upon the recovery accomplished from the soil. Zoning Administrator Agenda June 7, 2004 Page 3 Mr. Swartz indicated that the engineering system takes a certain amount of time; the plan is to get the site cleaned as quickly as possible. Regarding Condition 6.3, the transporting off-site is contracted only to waste hauling companies authorized to do so. A copy of the waste hauler's permit can be provided if necessary. Regarding Conditions 5.1 and 5.2 asked how to meet the OCFA requirements. The Zoning Administrator indicated those are standard conditions and would be related only to what is being proposed. Mr. Swartz indicated this equipment cannot be installed in areas that are classified as electrical, related to flammable vapors. The equipment could not be placed near the fill ports of the tanks because there is a chance of vapors when tanks are being filled. The equipment cannot be placed near the dispenser islands due to gasoline being spilled when people are using the islands. Delta Environmental will chose the best possible location for the placement of the machinery to minimize the impact to the property. The Zoning Administrator adopted Zoning Administrator Action 04-007 approving Conditional Use Permit 04-014. The Zoning Administrator indicated to the applicant's representatives there is a seven-day appealable period to the Planning Commission on this item. If no appeal is received before close of business next Tuesday, this decision is final and plans may be submitted. The Public Hearing closed at 10:48 a.m. REGULAR BUSINESS: None ADJOURNMENT: The date of the next meeting of the Zoning Administrator will be scheduled when items are set for hearing.