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HomeMy WebLinkAboutPC Res 93-50 - 1993-11-03 RESOLUTION NUMBER 93-50 . A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH ADOPTING NEGATIVE DECLARATION 93-2 AND APPROVING CUP NO 92-7, PERMITTING THE INSTITUTION OF OPERATIONS AT THE SEAL BEACH ON-SHORE PRODUCTION FACILITY WHICH SERVES PLATFORM ESTHER, AT 99 MARINA DRIVE (UNOCAL) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE SectIon I On July 28, 1992, Union 011 Company of CalIfornia (heremafter referred to as "UNOCAL") filed an apphcabon for Condmonal Use PermIt 92-7 requestmg approval to Insbtute operabons at the ""'sbng Seal Beach onshore producbon faclhty, which serves Platform Esther, located approximately I 5 mIles south of the CIty of Seal Beach, m the Belmont offshore 011 field SpecIfically, the apphcantls proposmg to replace and/or overhaul some of the "",sung eqUIpment, and to upgrade to current mdustry standards . Secnon 2 Pursuant to 14 CalIf Code of Regs i 15025(a) and i II C and 111 of the CIty'S Local CEQA GUldehnes, staff prepared an ongmallnltlal Study and a NegatIve Declarabon whIch were CIrculated for pubhc revIew and comment from February 2, 1993 to March 8, 1993, In comphance WIth the proVlSlons of the CalIfornIa EnVlronmental QualIty Act and the CIty's Local CEQA GUldelmes The CIty recOlved four responses Ooe of those responses was from the Orange County FIre Department whIch suggested several addlbonal condlbons and mlbgabon measures for the project Due to the elapse of bme from the CIrculatIon of the February 2, 1983 Inlbal Study, the addlbon of new mfonnabon, and the addmon of new condlbons and mlbgabon measures, a reVIsed and recIrculated InitIal Study was released on June 23, 1993 to recOlve addlbonal pubhc comments unbl July 21, 1993 The CIty has recOlved four responses, mdlcabng concerns whIch are dISCussed m the staff reports for the subject project Secllon 3 A duly nonced pubhc heanng was held before the Planning CommIssIon on July 21,1993 to conSIder the apphcabon for CUP No 92-7 Both wntten and oral OVldence was submItted for and agamst the project At the pubhc heanng the apphcant and one person spoke m favor of the request WIth nine persons appeanng 10 oppoSItIon The City has receIved two responses, wntten or other, to Its mailed nOUce regardmg CUP 92-7 The Plannmg CommIssIon conbnued the pubhc heanng to August 4, 1993 to recOlve addlbonal mfonnabon from the apphcant and from clly staff The apphcant subsequently requested an mdefinlte ""tensIon to prepare addlnonal mformanon, and that request was granted by the Phmnlng CommIssIon on August 4, 1993 . C \WP51W!S0\CtJP921 PCJtU-W\lO-28 93 ~ . Pia,.",,,, Communon Resollllloll 93~50 CoNAtional Use PeTmll 92-7 99 Manna Dn'" (UNOCAL) The apphcant then requested the matter be scheduled for the conbnued pubhc heanng on October 20, 1993 A duly nobced conbnued pubhc heanng was held before the Plannmg CommIssIOn on October 20, 1993 to consider the apphcabon for CUP No 92-7 Both wntten and oral eVidence was submItted for and ag31nst the proJect At the pubhc heanng the apphcant and one person spoke 10 favor of the request WIth thIrteen persons appeanng 10 opposlbon SectIon 4 md,cates the followmg The record of the heanngs on July 21, 1993 and October 20, 1993 (a) On July 28, 1992, UnIOn 011 Company of Callforma filed an apphcabon for Condlbonal Use Pennlt 92-7, proposmg to mstItute operanons at the "",stmg, although currently non-operabonal, Seal Beach onshore producl1on facIlIty, heremafter referred to as "onshore facility" ThIs onshore facIlIty serves Platfonn Esther, located approxImately I 5 mIles south of the CIty of Seal Beach 10 the Belmont offshore 011 field The proposed proJect wIll not requU'C modlficabons to the ""Isbng off-shore plpelme system wluch transports the emulsIon from Platfonn Esther to the onshore facIlity Those facIllbes, mcludmg the plpelmes connectmg Platform Esther to the onshore faclhty, are not a part of thIS proJect (b) SpecIfically, the apphcantls proposIng to replace and/or overhaul some of the ""'sbng eqUIpment, to upgrade to current mdustry standards, and to commence operabon of the onshore faclhty . (c) The subJect properly IS located on the easterly SIde of FIrst Street, northerly of Manna Dnve, IS Irregular m shape and flat topographIcally with an area of approXImately 4 32 acres, mcludmg Manna Park Oeased by the CIty from the property owner), and the Exxon on-shore faclhty north of the subJect facIlity The subJect faclhty IS located between Manna Park and the Exxon on-shore f3C1hty and compnses approxImately one (I) acre, approXImately 210 feet by 205 feet The Site IS a currently developed SIte WIth an 011 processmg faclhly and related off-street parklng area The SIte has stable soIl, mlDlmallandscapmg of an urban nature, and does not conl3In any known cultural or Iustoncal SIteS (d) The subJect property IS descnbed as "That porbon of Lot "C-I", Parbbon of Rancho Los Alamltos, by Los Angeles County Supenor Court Case No 13527, and recorded m Deed Book 14, Page 31, records of Orange County, Callfornlll, and also bemg m the Southwest quarter of Secbon II, TownshIp 5 South, Range 12 West, S B B &M , descnbed as follows Begmmng at a pelOt In the northwesterly hne of wd Rancho Los Alamltos distant South 54042'05" West thereon 437 10 feet from the southwesterly hne of the PacIfic Electnc R31lway Company RIght of Way (100 feet WIde) as recorded m Book 92 Page 349 of Deeds, records of S31d Orange County, thence South 35017'55" East 204 34 feet, thence South 54042'05" West 213 17 feel, thence North 35017'55" West 204 34 feet to S31d northwesterly hne, thence North 54042'05" East 213 17 feet to the pomt of begmmng 0 (e) The surroundmg land uses and zomng are as follows . C \WPSI\R&SO\CUI'92 7 PC1t\LW\11).2193 2 . PlQMlng CommI.r.nOIl ResolUllon 93-50 Condlllonal Usr Pemut 92-7 99 MQnfUJ Drrw (UNOCAL) SOUTH & EAST Manna Park, a commumty park 10 the Pubhc Land Use (PLU) zone WIth resldenbal uses approxImately 250 feet away 10 the ReSldenbal Low DenSIty (RLD) wne NORTH the Exxon on-shore faclhty m the 011 ExtractIon (O-E) zone WIth reSIdences further to the north 10 the ResIdentIal Low DensIty (RLD) wne WEST Rtverbeach Townhouses 10 the Resldenbal HIgh DensIty (RHD) zone, across FIrst Street approXImately 100 feet (I) OrdInance No 468, adopted by the CIty CouncIl on March I, 1955, granted a Condlbonal Excepbon to the proVIsIons of Ordmance No 406 (a comprehensIVe wnmg ordInance, adopted June 18, 1951) for the purposes of" handhng, separabng, and trans- s1uppmg of producbon from 011 and gas wells" on the subject property, at that bme a five-acre parcel (g) Ordmance No 406 was repealed by the 1963 adopbon of Ordmance No 628, a new zonlOg ordlOance, wluch was 10 turn repealed 10 1974 by the adopl1on of OrdlOance 948, the CIty's present wmng ordmance At the bme of adopbon of Ordmance 948, the subJect properly was reclassIfied from the C-I zone to the 011 Extracbon wne (D-E) OrdInance 948 reqUIres a condlbonal use pennlt to operate an 011 producbon facIlIty 10 the 011 Extracbon (O-E) wne . (h) The Plannmg CommIsSIon prevIously approved a use varIance for the subJect faclhty through the approval of UV-I-65 (Resolubon 32, adopted June 2, 1965) The subJect properly at that bme was wned C.I, whIch dId not pennlt by nght the prevIOusly eXlsbng use or the proposed use of the property At that l1me another SImIlar fac1llty was CX1sbng on adJacent property, and the request was approved WIth a condlbon that the use be operated so as not to create a pubhc nUIsance and 10 a slm1lar manner to the other exlstmg facIllbes (I) OrdlOance No 628, whIch expressly repealed the predecessor wmng ordlOance, Impbcltly repealed ordlOances granted excepbons to that predecessor ordmance Therefore, SlOce the 1963 adopbon of Ordmance No 628, the use has been operated as a legal nonconformmg use That use, and the nonconfonnlOg nghts granted to It were mterrupted 10 1983, when the off-shore faclhbes were destroyed by storms, and the onshore faclhty ceased operabons (J) Between 1983 and the current bme, the follOWIng agency approvals and pennlts have been granted regardmg eIther the off-shore pJatfonn or the on-shore facthty under conSlderabon I) CalIfornIa Coastal CommIsSIon, Emergency PermIt dated October 7, 1983 (Island Esther - clean-up of rubble Island) 2) Callfornlll Coastal CommIssIon, Coastal Development PermIt No E-83-2I, dated November 15, 1983 (Island Esther - clean-up of rubble Island) 3) Department of the Anny, PermIt No 84-70- TM, dated February 7, 1984 (Clean- up of rubble Island) 4) State Lands CommIssIon, lelter re CEQA Exempbon for replacement of Island Esther, dated May 10, 1984 . C \WPSI\JtP.S0\CUP921 PCR\LW\ID-U 93 3 . Pltultung Commw1on RefOlullon 93-50 CondmolUll UN Pe,,",' 92-7 99 Manno Dnvt' (llNOCAL) 5) Department of the Anny, PermIt No 84-141-RA, dated June 7, 1984 (Construcbon of Platfonn Esther) 6) South Coast ArI QualIty Management DISlnCt, Penntts to construct a) PermIt No 125369, dated October 16, 1984 (99 Manna Dnve) b) PermIt No 125402, dated October 17, 1984 (99 Manna Dnve) c) Pennlt No 125403, dated October 22, 1984 (99 Manna Dnve) d) Permit No 140026, dated February 26, 1986 (99 Manna Dnve) e) PermIt No 186898, dated August 8, 1989 (99 Manna Dnve) f) PermIt No 186899, dated August 8, 1989 (99 Manna Onve) g) PermIt No 186900, dated August 8, 1989 (99 Manna Onve) 7) "Development and RestoratIon Plan, Restorabon of Platfonn Esther", dated January, 1985, prepared for CalIfornIa DIVISIon of 011 and Gas and State Lands ComrmsslOD 8) CalIfornIa Coastal CommIssion, Coastal Development Pennlt No E-85-5, dated Apnl 23, 1985 (Construcbon of Platform Esther, onshore Improvements conSlsbng of tanks, pumps and compressors, sound proofing, and landscapIng) 9) Callfornlll RegIonal Water QU1tIlty Control Board, NPDES No CA-OI06828 a) Order No 85-164 (RevIsed Momtonng and Reporbng Program) b) Order No 87-110 (AmendIng Waste Discharge ReqUIrements of Order 85-164) c) Order No 89-122 (Waste DIscharge ReqUIrements) . 10) Callforrna Coastal CommIssIon, Coastal Development PermIt No E-86-2, dated June 10, 1986 (Replace sub-sea power cable from on-shore SUbStabOn at FIrst Street to Platform Esther) II) State of CalIfornIa, State 011 and Gas Lease ASSIgnment, dated January I, 1989 (ASSIgned from Chevron USA to UNOCAL CorporatIOn) 12) Orange County Sanltallon DISlnCt, Class J PermIt for DIscharge of Wastewater a) No 3-1-371, dated March I, 1989 (99 Manna Dnve) b) No 3-1-371, dated March I, 1990 (99 Manna Drtve) c) No 3-1-371, dated March I, 1991 (99 Manna Dnve) d) No 3-1-371, dated January I, 1992 (99 Manna Drtve) 13) CalIfornIa Coastal CommIssIon, ASSIgnment of Pennll, dated June 7, 1990 (ASSIgned from Chevron USA to UNOCAL Corporal1on) 14) CalIfornIa Coastal CommISSion, Amendment to PermIt E-85-5A, dated June 20, 1990 (Test producbon of 1200 barrels/day) . 15) CalIfornIa Coastal CommIssIon, Amendment to Permit E-85-5B, dated November 18, 1992 (Test producl1on Increase from 1200 barrels/day to 5000 barrels/day)The apphcants are proposmg the followmg hours of operatIon (k) The PlannIng CommIsSIon preVlously denIed CondItIonal Use Penmt 2-86, WIthout prejUdIce, on November 19,1986 ThIS was a request for an expanded on-shore separabon faclhtyon the subJect properly The Phmnmg CommISSIon's determmabon was based on the fact that the apphcant, Chevron USA, dId not proceed WIth the preparallOn of an EnvtrOnmental Impact Report, as detennmed to be appropmte by the Planmng CommIssIon after pubhc heanngs C \WP51\1WKl\CUP92 7 PCR\LW\lo.21 93 4 . Plan""., CommusIOII Resollllloll 93-50 ContitlolUll Usr Pe",.' 92-7 99Mt'JTIlId Dnl'l!' (UNOC4L) (I) The proposed re-acbvabon of the onshore produCbon facthty wIll m31ntatn the baSIc exlsung extenor appearance of the structures Extertor changes wIll mclude I) proVlslon of an extenor IO-foot hIgh decoral1ve block wall WIth bnck pIers and bled COping, WIth addlbonallandscaplng, 2) lowenng the hetght of three 24'-hlgh storage tanks to 12 feet, 3) removal of several vanous above ground storage tanks and pIpe connecbons, compressors and other processing equIpment, 4) pwnbng of all exlsbng structures to closely match the exISting EXXON facIllbes Immed13lely to the north, 5) provIsion of an mtruslOn secunty a1ann system, and 6) replacement of eXIsbng overhead ubhty hnes along easterly property hne WIth underground hoes to serve the subJect SIte and the adJmmng Manna Park An equIpment compartson of the prevIOUS operating Chevron faclhty versus the UNOCAL facIlIty, as revIsed In accordance WIth the request of UNOCAL dated September 13, 1993, IS shown on Table 1 below TABLE I Item Chevron (1986) EQUIPMENT COMPARISON - CHEVRON AND UNOCAL FACIUTIES Change . Tanks (24 ft tall) Tanks (16 ft tall) Tanks (12 ft tall) Tanks (8 ft tall) Compressors (vapor and 3lr) Pumps Honzontal vessels Verbcal vessels Dry desiccant debydrator 3 1 o 3 4 14 3 4 o Unoca1 (1993) o o 3 o 3 12 3 3 I (-3) (-I) (+3) (-3) (-I) (-2) o (-I) 1 (m) Staff Inspected the subJect property on March 3, 1993, and found that the proposed faclhty meets all requIrements of the~, and can be condlboned to meet all normal condlbons of approval for facIllbes separabng oil/water and gas (n) The hlstonc use of the facIlIty at 99 Manna Dnve has been as a separabon facilIty The subJect property housed a separabon faclhty from 1965 unbllt was forced to close 10 July 1983 due to severe stonn damage to Island Esther, whIch proVlded the ml/wateremulslOn to the onshore producl1on faclhty (0) Since the faclhty has been non-operatlOnal from 1983 to the present, the facIlIty has lost Its nonconfonmng status, and pursuant to Secnon 28-1600 (2), IS reqUIred to have a condll1onal use pennlt to operate Seclton 5 Based upon the facts conl3Ined 10 the record, mcludmg those stated In i 4 of thIS resolubon, and In the Imbal Study and Negabve DecJarabon prepared for thIS proJect, and pursuant to it 28-2503 and 28-2504 of the Clty'S~, the Planmng Comnusslon hereby finds as follows (a) CUP No 92-7 IS conSIStent WIth the provIsIons of the Land Use Element of the CIty'S General Plan, whIch proVldes an "Oil Extracbon" dCSlgnal10n for the subject properly In addlbon, the subJect property IS also zoned "OIl Extracbon", and the ~ permIts . 5 C \WP.il\RBS0\CUP92 7 PO.\LW\lo.28 93 . P1DIIlUIIR CommwIon IlIso1l11JDII 93-50 Colltbnolllll US~ P~rmJt 92-7 99 MllnNl Dme (UNOCAL) separabon centers for 011 and gas subJect to the ISSuance of a Condlbonal Use PermIt pursuant to Secl10n 28-1600 (2) of the Code of the CltV of Seal RP.oh SpecIfically, the apphcantls proposmg to replace and/or overhaul some of the exlsbng equIpment, to upgrade to current mduslry standards, and to msbtute operabons at !Ius onshore facIlIty The use IS also conSIStent WIth the rem31nmg elements of the CIty's General Plan as the polICIes of those elements are consIstent WIth, and reflected 10, the Land Use Element Accordmgly, the proposed use IS conSIStent WIth the General Plan (b) The proposed re-acbvabon of the onshore prodUCbon facJhty will m31ntam the basIC exlSbng extenor appearance of the structures Extenor changes wIll mclude 1) provISIon of an extenor 100fOOllugh dccorabve block wall WIth bnck pIers and bled copmg, Wtth addlbonal hmdscapmg, 2) lowenng the hetght of three 24'-hlgh storage tanks to 12 feet 3) removal of several vanous above ground storage tanks and JIlpe connecbons, compressors and other processmg eqUIpment, 4) p31nl1ng of all exlsbng structures to closely match the eXlStmg EXXON facllIbes ImmedIately to the north, and 5) replacement of exlstmg overhead ubhty hnes along easterly property hne WIth underground hnes to serve the subJect SIte and the adJOImng Manna Park An equIpment companson of the PreVlOUS operabng Chevron f3Clhty versus the UNOCAL facIlIty, as reVIsed m accordance WIth the request of UNOCAL dated September 13, 1993, IS shown on Table 1 above . (c) The msbtubon of operabons at the onshore producbon facIlIty, If properly condlboned and enforced, IS compabble WIth surroundmg uses and the communIty m general and wIll not be detnmental to the netghborhood for the followmg reasons (1) the proposed use IS a request to msbtute operabons at a pre-exlsbng facIlIty whIch operated from 1965 to 1983 WIthOUt any substanbal adverse Impacts upon the commumty, (2) the proposed use IS SImIlar 10 nature and mtenslty to the exIstIng Exxon facIlIty located ImmedIately to the north, whIch has operated for many years WIthout any substanbal adverse Impacts upon the commumty, (3) The proposed proJect WIll ubhze "best aV31lable control technology" to msure comphance WIth conmbons of approval and the lDll1gabon of all potenbal adverse Impacts to a level of mSlgDlficance, and (4) the proposed condlbons of approval and the reqUIred mlbgatlon monltonng program effectIvely reduce all Idenbfied potenbal adverse Impacts to a level of mSlgmficance Adherence to condlbons of approval placed on the use by the CIty of Seal Beach, the Callforma Coastal CommiSSIon, the South Coast AIr QUalIty Management Dlstnct, the CalIfornIa RegIonal Water QUalIty Control Board, the Orange County Sanltabon DISlnCt, and the Orange County FIre Department WIll mlbgate any potenbally slgmficant envIronmental Impacts and wIll reduce any potenbal Impacts to nelghbonng resIdentIal propertIes or pubhc recreabon uses 10 the Immediate vlClmly of the onshore f3Clhty (d) Staff mspected the subject property on March 3, 1993, and found that the proposed faclhty meets all requIrements of the~, and can be condllloned to meet all normal condlllons of approval for facIllbes separal1ng OIl/water and gas (e) The structures and property at 99 Manna Dnve, once the requested proJect IS completed, With the condlbons Imposed, WIll be adequate 10 SIze, shape, topography and Jocabon to meet the needs of the proposed use of the property (f) The Iustonc use of the faclhty at 99 Marma Dnve has been as a separanon f3Clhty The subJect property housed a separabon f3Clhty from 1965 untIl II was forced to close 10 July 1983 due to severe storm damage to Island Esther, whIch provIded the OIl/water emulSIOn to the onshore producl1on faclhty . (. \WP51~7 PCR\LW\IG.28" 6 . Plannltlll Commz.mOIl Rt'solullon 93-50 CotrdInolUJl U8l' Pt''''''' 92-7 99 Manno. Dn~ (UNOCAL) Secbon 6 The Planmng CommIsSion hereby affirms that It mdependently reviewed and analyzed proposed Negabve Declarabon No 93-2 pnor to acbng on the apphcabon and hereby finds as follows (I) Negabve Declarabon No 93-2 was prepared by CIty Staff and therefore reflects the mdependent Judgement of the CIty, (2) There IS no substanbal OVldence 10 the record whIch would support a f31r argument that approval of the apphcabon, WIth the reqUIred mlbgabon measures, mIght have a slgmficant envIronmental Impact, (3) Approval of thIS apphcal10n mvolves no potentIal for adverse effect, eIther mdlvldually or cumulabvely, on wddhfe resources and wdl not have an adverse Impact on fish and wlldbfe and the Planmng CommIssIon hereby dIrects the DIrector of Development Services to file the appropnate De MlmmlS Impact Fmdmg for the CalIfornIa Department of FIsh and Game Cerbficate of Fee Exempbon SectIon 7 Based upon the foregomg, the Planning CommIssIon hereby adopts Negabve Declaral10n 93-2 and approves Condlbonal Use PermIt 92-7, subJect to the followmg conditIons Condlbonal Use PermIt 92-7 IS approved to re-acbvate operabons at the exlstmg Seal Beach onshore producl1on facdIty, whIch serves Platfonn Esther 2 ConstruCbon documents and the proposed replacement/removal of faclhbes shall be 10 substanbal confonnlty WIth the plans approved through Cond1l10nal Use Permit 92-7, as reVlsed by the apphcant's leller of September 13, 1993 . 3 The faclhty wIll be subJect to comphance WIth the requIrements of the Nal10nal Pollutant DIscharge Ellmmabon System (NPDES), whIch reqUIres that all on-SIte pollutants be retamed on-SIte for proper dIsposal 4 Addlbonallandscape screemng IS reqUIred to further mlbgate the VISual Impacts of the Site from the surroundmg resldenbal nClghborhoods and park facdlbes Landscape and ungabon plans to be submItted to the Department of Development Sernces for approval All landscape and Imgatlon Improvements to be completed pnor to finalmspectlon of work authonzed by tlus permIt S31d landscape and Imgal10n plans to comply With the proVISIons of AB 325 UNOCAL IS to proVIde contmuous and proper m31ntenance of all landscaped areas shown on the plan, as well as other areas of the faclhty, for the hfe of the facility Should contInuous and proper maIntenance not be performed, the City shall have the nght to perfonn such mamtenance, usmg CIty personnel or appropnate contractors, as It deems reasonably necessary Costs to the City of such m31ntenance shall be reImbursable by UNOCAL wlthm thuty (30) days of recOlpt of an accounbng of such costs from the CIty of Seal Beach In the event of non-payment by UNOCAL, the CIty shall be enbtled to recover Its costs m the same manner set forth 10 Arbcle 2 of Chapter 14 of the Code of the CI\)' of Seal RPorh 5 No construcl1on or demobbon acbVlbes WIll be pennllted between the hours of 5 00 P m and 700 a m on weekdays, or at any bme on Saturday, Sunday or local, State or Federal hohdays 6 All non-emergency m31ntenance and rep3lr acbvlbes WIll be restncted to between the hours of 8 00 a m and 5 00 p m on weekdays . C \WP5I\1U'.SO\ClJP92.1 PCRU-W\I6-ZC9.J 7 . PltJ1wng CommIsSIon ResollUJon 93-50 CondmontU Us~ P~mul 92-7 99 Mo.nlUZ Dn~ (UNOCAL) 7 UNOCAL shall conduct 24-hour fencellDe momtonng of nOIse levels from the subJect faclhty upon Imbabon of full operabonal acbVlty for a penod of thIrty (30) consecubve days Upon complebon of the nOIse momtonng acbVlty, an evaluabon of the momtonng results, prepared by a hcensed acousbcal englDeer, shall be proVIded to the Planmng ComnusSlon for reVlew and appropnate acbon If the thlrty-<lay momtonng IDdlcateS vlolal1on of the nOIse reqUIrements of the CIty, UNOCAL to conduct approprtate mod.ficabons to the faclltty to comply WIth nOIse requIrements of the CIty, the recommendal1ons of the acouSl1cal engIneer, and the reVIsed condlbons as estabhshed by the PJanmng ComnuSSlon 8 ProVIde proof of comphance WIth all reqUIred pennlts from the South Coast Air QualIty Management Dlstnct pnor to Issuance of reqUIred construcbon permIts 9 Ceruficabon of SClSnuc stabIlIty of all dlstnbubon hnes and tanks by a hcensed structural englDeer IS reqUIred to be subm11led to the Orange County Fire Department at the bme of Project submISSIon 10 All structures and equIpment WIll be desIgned to meet Setsm.c Zone 4 standards per Secbon 2312 of the Umform Butldmg Code II In conJuncl1on WIth the reqUired removal of the exlsbng overhead utlhty servIce along the easterly servIce dnve as part of the proJect approvals for the Exxon faclhty, the rem31nder of the exlsbng overhead servIce WIll be reqUired to be removed, mcludmg the servIce to the UNOCAL faclhty and Manna Park ThIs work shall be coordmated WIth Exxon, SO that a nuntmal amount of dIsruptIon occurs dunng the removal, trenchmg and hook-up phases UNOCAL 10 obl31n all reqUIred approvals from EdIson Company and Telephone Company . 12 Ltghbng around the processmg areas shall not exceed a 5 foot-<:andle level Safety hghts around the butldlDg shall not exceed a 0 1 foot-<:andle level All extenor hghts shall be located to proVIde opbmum VISIbIlity and to mlDllD1ze Impacts on nelghbonng propertIes Exact locabons of the hghts to be detennmed dunng the del31led deSIgn phase 13 An IDtruSlon secunty alarm system shall be mstalled whIch Will automabcally notIfy a response center or the Seal Beach Pohce Department of any unauthonzed mtruslon IDto the premises S31d system to be revIewed by the Seal Beach Pohce Department pnor to the ISSuance of pennlts for Satd IDtruSlon secunty alarm system 14 Pnor to ISSuance of demohbon pennlts by the BuIldlDg Department, the apphcanl shall submIt a removal and demolttlon plan to the Orange County Fire Department for approval 15 Pnor to ISSuance of ButldlDg PermIts by the ButldlDg Department, the applIcant shall submit a "Fin> ProtectIon Plan" to the Orange County Fire Department 16 Pnor to ISSuance of reqUired pennlts the apphcant must prepare the folIowlDg plans for revIew by the Orange County Fire Department and submIt copIes to the CIty of Seal Beach . Emerg~ncy Response PIiln . InsJWCllOnlMalll1eNJnc~ Plan . Worl.er Sqfery Plan . SlIe Secunry Plan . HOlIlrdous Matfnallnvt!lIlory and BUSIness Emerg~ncy Plan . C \WP5I\RBS0\CUP92 7 PCR\I W\10-28 93 8 . . . PlalUllng Commzmon lWSollUlon 9J-50 ContifloMl Uu Pemul 92-7 99 ManlltJ Dnw (UNOCAL) The reqUIred "BuSlDess Emergency Phm" shall be revIewed by the Plannmg CommIssIon pnor to the ISSuance of reqUIred pennlts Such plan shall reqUIre consJl1cuous posbng on the extenor of the premIses the telephone number for a 24-hour, conbnuously monItored emergency hotlme telephone number for nOUficabon of emergency SItuations 17 ProVIde a full foam fire suppressIOn system for all tanks Secondary conl3Inment WIll be reqUIred and must be engmeered to conl3In the contents of the largest conl3Inment plus 20 mmutes of flow from the foam suppresSIon system Foam fire suppresSIon system and secondary conl3Inment system to be approved by Orange County FU'C Department pnor to ISSuance of pennlts by CIty of Seal Beach 18 UNOCAL shall proVide five (5) day pnor wntten nobce to all resIdences Wlthm 300 feet of the subject facilIty and to the Department of Development ServJces of the date and bme of facIlIty restoral1on acbvlty and maJor f3C1hty cleanIng operabons 19 UNOCAL shall conduct fencelme monltonng for key compounds dUring each maJor SIte m31ntenancelcleanmg acuvlty to msure levels of 3lT concentrabons do not exceed levels that WIll be harmful of the general pubhc ThIs momtonng data to be proVIded to the Department of Development SerVlceS and the South Coast Air Qua1lly Management DIStrict for evaluabon Faclhty restorabon acbVlly momtonng reports to be submItted on 3O-day cycles from Imbatlon of restorabon acbvlty 20 UNOCAL shall Idenbfy the sequence and probabIlity of events that can lead to an 011 combusbon smoke plume at the faclhty through a "fault-tree" type analysIs The operability of smoke plume detecbon/prevenbon eqUIpment (I e , opacIty meters) and the threshold levels of burner shut-off mechanlsm(s) should be evaluated as part of the fault tree analysIs Results of analySIs to be proVIded to Department of Developmenl ServIces and Orange County FIre Department for evaluabon pnor to Issuance of final construcl1on pennlts 21 All maJor pIeces of eqUIpment, mcludmg storage tanks, WIll be p31nted to closely match the color of the recently renovated Exxon 011 de-hydrabon faclbty located ImmedIately adJacent to the subJect properly 22 A temporary nOIse and dust barner 15 feet 10 hetght Will be reqUIred to be placed around the penmeter of the facIlIty dunng the demohbon and construcl1on phases, except for the entrance area 23 Construct a 10 foot hIgh penmeter wall, completely enclosmg the separatIon faclhty S31d wall to have a mmlmum 18" bnck pilaster every 25 feet and a l1le copmg ProVIde sohd gates to match the heIght of the wall Type of wall matenalto be approved by the Planmng CommISSIon, If other than decorabve concrete block ReqUIred wall and gates to be p31nted WIth a graffib resIstant matena1 approved by the Bulldmg Department 24 SIdewalks to be prDVlded m accordance With the requIrements of the Engmeenng Department Common dnveway areas serVlng both UNOCAL and EXXON faclhbes to be covered by a mmlmum of 3" of asphalt, and shall be m31ntamed 25 If any mdustnal excavabon/demohl1on/construcl1on acbVIl1es result m the dIscovery of cultural resources, UNOCAL to cease all excaval1onldemobbon/construcl1on acl1vltles Immed13te1y and nobfy the Director of Development ServIces The D,rector of Development ServIces shall ImmedIately notIfy the CIty selected archaeologIst (lnterdlsclpbnary Research incorporated) and the Nabve Amencan momtor, desIgnated by the Juaneilo Band of the MISSIon IndIans The CIty selected archaeologISt (lnterdlsclphnary Research incorporated) will have the power to temporanly halt or dIvert the excavabon eqUIpment m order to evaluate any potenbal cultural matenal C \WPjI\llP.SO\CUP92 7 PCRU.W\IO-28 93 9 . Platl/Ung Comnas.non /hsolllll.otl 93-50 Conditional U" P~mul 92-7 99 Manno Dnw (UNOCAL) 26 Should any human bone be encountered dunng any demohbon/construcbon acuvllles, all acbvlty shall cease ImmedIately and the Department of Development ServIces shall be nObfied ImmedIately The Director of the Department of Development Services shall contact the Coroner pursuant to Secbon 5097 98 and 5097 99 of the Pubhc Resources Code relauve to Nabve Amencan rem31ns Should the Coroner determme the human remams to be Nabve Amencan, the Nabve Amencan Hentage CommISSIon shall be contacted pursuant to State Law SB 297 27 The ApplIcant shallmdemmfy, defend and save harmless the CIty of Seal Beach, ItS officers, agents and employees from any and all cl31ms and losses whatsoever occumng or resulbng to any and all persons, firms or corporabons furnlshmg or supplymg work, seMceS. matenals. or supplIes In connectIon WIth the performance of the use permItted hereby or the exercIse of the nghts granted herem, any and all c131ms, laWSUItS or acbon' ansmg from the granbng of or the exercIse of the nghts pennlbed by thIS Condlbonal Use PermIt, and from any and all claIms and losses occumng or resulbng to any person, finn, corporabon or properly for damage, mJury, death anSlng out of or connected WIth the perfonnance of the use pennltted hereby ApplIcant's obhgabon to mdemmfy, defend and save harmless the CIty as stated heremabove shall mclude, but not be hmlted to, paymg all legal fees and costs IncUrred by legal counsel of the CIty's chOIce m representIng the City In connectIon WIth any such cl81ms, losses, laWSUits or acttons, and any award of damages or attorneys fees m any such laWSUIt or acbon 28 An "Aeeeptance of Condlbons" fonn shall be signed by the apphcant 10 the presence of the DIrector of Development ServIces, or notanzed and returned to the Planmng Department pnor to the ISSuance of any demohbon or bUlldmg pennlts 29 A "Mlbgabon Monltonng Program Implementabon Fee" of $ 2,415 36 shall be p31d to the CIty pnor to the Issuance of demolIbon or constructIon permIts to off-set the eSbmated costs of complymg WIth the adopled M'bgabon Momtonng and Reportmg Program S31d fee IS based on an eSbmated 37 75 hours of staff bme In complymg WIth the reqUIred mOnltonng and reporbng reqUIrements at an average hourly rate of $ 40 00 per hour and 5 hours of CIty Attorney bme as bIlled for an esbmated amount of $ 700 00, plus a general CIty overhead fee of 13 6% of the hourly staff fee total . 30 ThIs CondItIonal Use Pennlt shall become null and VOId unless exercIsed wlthm one (I) year of the date of fmal approval, or such extensIOn of bme as may be granted by the Planmng CommISSIon pursuant to a wntten request for extenSIon submItted to the Department of Development ServIces a mtmmum of nmety (90) days pnor to such eXpiratIon date Secllnn R The proposed mlllgabon momtonng program attached hereto as "ExhIbIt B", and mcorporated herem by reference, IS hereby adopted PASSED, APPROVED AND ADOPTED by the Plannmg CommIssIon of the CIty of Seal Beach at a meebng thereof held on the 3rd day of November, 1993 by the followmg vote AYES CommiSSIoners Law Sham and Soukun NOES Commissioners Camnbell ABSENT Commissioners Dahlman . C \WP5I\Rm0\C'UP921 PCR\LW\1()'219l 10 . WhIttenberg, Secretary Planmng CommISSion . . C \WP5I\RP3O\C1.JP92 7 PCR\LW\I0.211 9l Plan",ng Comnas.sron ~solMllon 93-50 CondJtrorurl Use P~mal 92-7 99 MfJTJlUJ Dnvr (UNOCAL) MarkS~ Plannmg CommiSSion 11 . PIoMlrtg CommwJOII Rf!fOlIlllOIl 93-50 CondltJOtUJl Usr Pmru/ 92-7 99 Manlltl Dn~ (UNOCAL) EXHIBIT B PLANNING COMMISSION RESOLUTION 93-50 PROPOSED MITIGATION MONITORING and REPORTING PROGRAM (Revised November 3, 1993) NEGATIVE DECLARATION 93-2 CONDITIONAL USE PERMIT 92-7 (UNOCAL - PLATFORM ESTHER ON-SHORE SEPARATION FACILITIES) M.tigaltnn Mea<ure: The f3C1hty wtll be subJect to comphance WIth the requIrements of the Nauonal Pollutant DIscharge Ellmmabon System (NPDES), whIch reqUIres thaI all on-sIte pollutants be retamed on-sIte for proper dISposal (Proposed Phmmng CommIssIOn Condlbon of Approval #3, Resolubon No 93-50) . Method nf VerificatIOn: Engmeenng Department review of reqUIred plans and field mspecbon Timing of Venficatmn: Prtor to ISSuance of reqUired pennlts and on an Irregular b3SlS, pnor to proJect complebon, as detennmed by Engmeenng Department and the Department of Development ServIceS ResooDSlble Person! A.encv: Engmeenng Department - ASSOCIate Engmeer, Department of Development Services - DIrector and/or ASSIstant Planner 2 M,ltgalton Measure: Addlbonallandscape screemng IS reqUIred to further m1l1gate the VISUal Impacts of the Site from the surroundmg resldenbal neighborhoods and park factllues Landscape and ungat10n phms to be submllled to the Department of Development ServIces for approval All landscape and Imgabon Improvements to be completed pnor to finalmspecuon of work authonzed by thIS permIt S31d landscape and ungatlon plans to comply WIth the proviSIonS of AB 325 UNOCAL IS to prOVIde conbnuous and proper m31ntenance of all landscaped areas shown on the plan, as well as other areas of the facIlIty, for the hfe of the faclhty Should conbnuous and proper m31ntenance not be perfonned, the CIty shall have the nght to perfonn such m31ntenance, usmg CIty personnel or appropnate contractors, as It deems reasonably necessary Costs to the CIty of such m31ntenance shall be reImbursable by UNOCAL Wlthm thIrty (30) days of recOlpt of an accounbng of such costs from the CIty of Seal Beach In the event of non-payment by UNOCAL, the CIty shall be enbtled to recover Its costs 10 the same manner set forth 10 Arbcle 2 of Chapter 14 of the Code of the CIty of Seal Beach (Proposed Planmng CommISSion Condlbon of Approval #4, Resoluuon No 93-50) . C \wP5I\RHSO\C1JP92 7 PCR\LW\I6-21193 12 . P1aMmg Commu.non Raolllllon 93-50 ConthnoMl Uu Pemuf 92-7 99 ManllLl Dme (UNOCAL) Method of Venfication: Planmng DeparUnent revIew of reqUIred plans and field mspecuon, pnor to proJect complebon, Planmng Department as to long-term m31ntenance ofhmdscapmg TlmlDe nf VerificatIOn: Pnor to ISSuance of reqUIred permtts and on an Irregular baSIS, as detennmed by the Department of Developmenl ServIces ResoODSlble Personl AlI!'enr.v: and/or ASSIstant Planner Department of Development Servtces - DIrector 3 Mitiealton Measure: No construcuon or demohbon acbvlbes wtll be pennltted between the hours of 5 00 P m and 7 00 a m on weekdays, or at any bme on Saturday, Sunday or local, State or Federal hohdays (Proposed Phmmng CommIssIon CondItion of Approval #5, Resolubon No 93-50) Method of Verification: FIeld mspecbon Tlmine of Vertficalton' Upon ISSuance of reqUIred permIts and on an Irregular basIS, as detennmed by the Department of Development SCI'Vlces Resnoos.ble Persnnl Aeen..: Department of Development ServIces - DIrector and/or ASSistant Phmner, Butldmg Inspector, Pobce Department 4 MIltealton Measure, All non-<:mergency m31ntenance and repwr acbvlbes wIll be restncted to between the hours of 8 00 a m and 500 p m on weekdays (proposed Planmng Comnusslon Condluon of Approval #6, Resolubon No 93-50) . Method of VenficatlOn: FIeld mspecbon Tunlne or Vertficalton. Upon Issuance of reqUIred pennItS and on an Irregular basIS, as detennmed by the Department of Development ServIces ResoonSlble Person/ Aeen..: Department of Development ServiceS - D1l"CCIOr and/or ASSIstant Planner, BUlldmg Inspector, Pobce Department 5 MIltealion Measure' UNOCAL shall conduct 24-hour fencehne momtonng of nOIse levels from the subJect faclhty upon Imuabon of full operabonal acbvlty for a penod of thIrty (30) consecuuve days Upon complebon of the nOIse momtonng aCbvlty, an evaluabon of the momtonng results, prepared by a licensed acoustIcal engmeer, shan be proVIded to the PlannIng CommISSIon for review and appropnate acbon If the thlrty- day momtonng mdlcates vlOlauon of the nOIse requIrements of the CIty, UNOCAL to conduct appropnate modlficabons to the faclhty to comply WIth nOIse reqUIrements of the CIty, the recommendabons of the acousbcal engmeer, and the reVIsed condItIons as estabhshed by the PhmnIDg CommIsSIon (Proposed Planmng CommIssIon CondItIon of Approval #7, Resolubon No 93-50) Method or Vertficalton: 24-hour fencelme monltonng of nOIse levels from the subJect factllty upon mlbabon of full operabonal acUVlty for a penod of thIrty (30) consecutIve days Timim~: of Verification: Upon ISSuance of Cerbficate of Occupancy . C \WP'iI\Rts0\CUJ'921 PCR\I W\1Q..21 93 13 . Pla"nmg Commu.non RuolMtlOn 9J..SO ConthIlDIUU Uu Pm,,,t 92-7 99 Manna Dn"" (UNOC4L) ResnDlI..ible PersOn! Aeen.v: Department of Development ServIces - DIrector and/or AssIstant Planner, BuIldmg Inspector, Planmng CommIsSIon 6 M,lIeanon Measure: ProVlde proof of comphance WIth all reqUIred permIts from the South Coast Air QualIty Management Dlstnct pnor to ISSuance of reqUIred construcl1on permIts (Proposed Plannmg CommIssIon Condluon of Approval #8, Resoluuon No 93-50) Method of Venn...tmD: Wntten venficabon by South Coast Au QualIty Management D,stnct pnor to ISSuance of reqUIred construcuon permIts TlDllDl! or Verification. Pnor to Issuance of reqUIred permIts Resnonsible Person/ Aeenn: Department of Development ServIces - DIrector and/or AssIstant Planner, BuIldmg Inspector 7 Mitleation Mea.ure: Ceruficatlon of SClsmlC stablhty of all dlstnbuuon hnes and tanks by a hcensed structural engmeer IS reqUIred to be subml1led to the Orange County FIre Department at the bme of project submISSIon (proposed Planmng CommIssIon Condlbon of Approval #9, Resoluuon No 93-50) Method nf Verin...tlOn: Wntlen ceruficabon by a lIcensed structural engmeer IS reqUIred to be submItted to the Orange County FIre Department at the bme of proJect submISSIon . TimmS!! or VenficatlOo: Pnor to ISSuance of reqUIred pernuts Resnonsible Persnnl Aeen.v: Orange County F.re Department - SenIor FIre Safety Specta1ISt, Department of Development ServIces - BuIldmg Inspector 8 MllIeallon Measure: All structures and equIpment wIll be deSIgned to meet Setsmlc Zone 4 standards per Secbon 2312 of the UnIform Butldmg Code (Proposed Phmmng COmmIssIon Condlbon of Approval #10, Resolubon No 93-50) Method or Venn...tion: BUlldmg Department reVlew of reqUIred plans and field tnspecbon, pnor to proJect compleuon TimID!! or VerificatIOn- Pnor to Issuance of reqUIred permits and on an irregular hasls, as detenntned by the BUlldmg Department Ri"SDODSlble Personl AS!!encY. Butldmg Department - BUlldmg Inspector 9 MlhS!!abon Mea..wre: In conjunction With the reqUired removal of the eXiStIng overhead utlhty servIce along the easterly servIce dnve as part of the proJect approvals for the Exxon faclhty, the rem31nder of the exlsbng overhead servIce wtll be reqUIred to be removed, mcludmg the servIce to the UNOCAL facIlIty and Manna Park ThIs work shall be coordtnated WIth Exxon, so that a mlmmal amount of dlsrupbon occurs dUring the removal, trenchmg and hook-up phases UNOCAL to obl31n all reqUired approvals from EdIson Company and Telephone Company (Proposed Planmng CommIssion Cond.bon of Approval #11, Resolubon No 93-50) . C \WPSI\RJm0\CUP'J2 7 PCR\LW\I0.2I9l 14 . PlD1WJf8 CommrSSlon Resollllloll 93.50 CondJllotuU Use Permit 92-7 99 Mo.nNJ Dnw (UNOCAL) Method of Venficallon: Wntlen agreements and performance bonds for the reqUIred work to be submItted to the Department of Development ServIces at the bme of proJect submISSIOn Tunin~ of VerincatlOn. Pnor to ISSuance of reqUIred permIts Re!!ioonslble Penonl Atlencv: Buddmg Inspector Departmenl of Development Semces - DIrector, 10 MIlI.BlInn Measure: Ltghbng around the processmg areas shall not exceed a 5 foot-candle level Safety hghts around the buddIDg shall not exceed a 0 I foot-candle level All extenor hghts shall be located to proVIde opbmum vISlblhty and to mInImIze Impacts on netghbonng properbes Exact locabons of the hghts to be detennIDed dunng the detaIled desIgn phase (Proposed PlannIng CommIsSIon Condlbon of Approval #12, Resolubon No 93-50) Methnd or Verification" Engmeenng Department reVleW of reqUIred plans and field mspecbon, pnor to proJect complebon Tmllntl of Verifteation. proJect complebon Upon completIon of reqUIred hghbng mstallabon, pnor to Re.-;DOD.lI;lble Person/A~encv EnglOeenng Department - ASSOCiate Engmeer, Department of Development ServIces - ButldIDg Inspector . 11 Mlbeauon Mea,ure An IDtruSlOn secunty alarm system shall be mstalled whIch WIll automaucally noufy a response center or the Seal beach Pohce Department of any unauthonzed IDtruSlon mto the premIses S31d system to be revIewed by the Seal Beach Pobce Department pnor to the Issuance of pennlts for S31d IDtruSlOn secunty alarm system (Proposed Plannmg CommiSSIon Condlbon of Approval #13, Resolubon No 93- 50) Method of Venficauon Pohce Department reVlew of reqUIred secunty alarm plans pnor to ISSuance of reqUIred pennlts and field Inspecuon, pnor to project completIon TImme of Venficatlon Upon submISSIOn of reqUIred secunty a1arm plans pnor to ISSuance of requIred permIts, IDspectlon by BuIldIDg Department pnor to proJect compleuon Resoonslble Person/ Aeencv Pobce Department - Capl31n, Department of Development ServIces - BUlldmg Inspector 12 Mill.BtlOn Mea,ure: Pnor to Issuance of demohtlOn pennlls by the BuIldmg Department, the apphcant shall submIt a removal and demohuon plan to the Orange County FIre Department for approval (Proposed PlannIng CommIssIon CondItion of Approval #14, Resoluuon No 93-50) Method nr Venficatlon: Recetpl of approved removal and demoltbon plan from Orange County FIre Department by CIty of Seal Beach Buddmg Department TunlDtl of Venfication: Department Pnor to ISSuance of reqUIred pennlts by Buddmg . C \WP5IW!60\CUP92 7 PCR\LW\IO-2193 15 . PltlllnlllB Commu.S101l R~801lll1ol1 93-50 ConthnONJl Use Pemal 92-7 99ManIUJ Dnw (UNOCAL) Resonoslble Personl Aeenev: Orange County FIre Department- Semor FIre Safety SpecIalIst, Buddmg Department - Buddmg Inspector 13 M,h.ahoo Mea.ornre: Pnor to ISSuance of BuIldmg PermIts by the BUlldmg Department, the apphcant shall submIt a "FIre ProttctlOn Plan" to the Orange County FIre Department (Proposed Phmmng CommIssIon Condluon of Approval #15, Resolubon No 93-50) Method nr Venfieation: Recetpt of reVlewed FIre ProtectIOn Plan from Orange County FIre Department by CIty of Seal Beach Buddmg Department TimmS!. of Verifieahon: Department Pnor to ISSuance of reqUIred pennlts by BUlldmg Resoooslble Personl Aeenev: Orange County FIre Department - SenIor FIre Safety SpecIaliSt, Buddmg Department - Buddmg Inspector 14 M'heation Mea..ure: Pnor to ISSuance of reqUIred pennlts the apphcant must prepare the followmg plans for reVlew by the Orange County FIre Department and submIt COpIes to the CIty of Seal Beach . . E'mRrgency Response Plan InsptcllonlMamttnance Plan Worker Softly Plan Slle Secunly Plan H=rdous Mlllenallnve1Uory and BUSIness E'mRrgtncy Plan . . . . The reqUIred "Busmess Emergency Plan" shall be revIewed by the Planmng CommIssIon pnor to the ISSuance of reqUIred permItS Such plan shall requIre consp'CUOUS postmg on the extenor of the premIses the telephone number for a 24-hour, conbnuously momtored emergeney hotltne telephone number for nObficabon of emergency sltuauons (proposed Plannmg CommIssion Condlbon of Approval #16, Resolubon No 93-50) Method of Verification: Department ReceIpt of revIewed plans from Orange County FIre TWinS!. of VenficatlOn: Department Pnor to Issuance of reqUIred permits by BUlldmg Resoooslble Personl Aeenev: Orange County FIre Department- SenIOr FIre Safety SpecIalISt, Buddmg Department - Buddmg Inspector 15 M,ll.shoo Measure: ProVlde a full foam fire suppressIon system for all tanks Secondary conl3Inment wdl be reqUIred and must be engmeered to conl3In the contents of the largest contamment plus 20 mmutes of flow from the foam suppressIon system Foam fire suppressIon system and secondary conl3Inment system to be approved by Orange County FU'C Department pnor to ISSuance of permIts by City of Seal Beach (Proposed Plannmg CommIssIon Condlbon of Approval #17, Resolubon No 93-50) Method of Venfieahno: Department ReceIpt of revIewed phms from Orange County FIre . C \wP5I\RESO\CUP92 7 PCR\LW\lo.2193 16 . PlannINg Commr.mOll Rt'.rolMllolI 9J-50 CondlIlOlUJI U&t' Pt'mIlt 92-7 99 Manna Dmt' (UNOCAL) TimiDl~ of Verification: Department Pnor to ISSuance of reqUIred permIts by BuddIng Resoon.C;lble Pel'Sonl A2enev. SpecIaliSt Orange County FIre Department - Semor FIre Safety 16 Mitieation Measure: UNOCAL shall provIde five (5) day pnor wntten nouce to all reSIdences Wlthm 300 feet of the subJect faclhly and to the Department of Development Semces of the date and bme of faclhly restorabon acbVlty and maJor faclhty cleanmg operabons (Proposed Phmnmg ComlDlsSlon Condlbon of Approval #18, Resolubon No 93-50) Method of Venn...tlDn: ReceIpt of nobce by CIty from UNOCAL of "Nobce of FacIlIty Restorauon Acbvlty and/or CleanIng Operabonso and cerl1fied hst of property owners WIthIn 300 feet of SIte also nObfied Tunine or Venn...hnn: Recetpt of nobce by CIty a mlDlmum of five (5) days pnor to faclhty restoratIon acbvlty and/or maJor cleanmg operabons ResnoDS,ble Person/ Aeencv: UNOCAL Faclhty OperatIons Manager as to reqUIred "NotIce of FacIlIty Restorabon AcbVlty and/or MaJor Cleanmg Operabons" 17 Mitieahon Measure: UNOCAL shall conduct fencehne monltonng for key compounds dunng each maJor SIte m31ntenance/cleanmg acbvlty to msure levels of 3lr concentrabons do not exceed levels that WIll be harmful of the general pubhc ThIS momtonng data to be proVided to the Department of Development ServIces and the South Coast Air QualIty Management D,stnct for eva1uabon Faclhty restoratIon acbvlty momtonng reports to be subml1led on 30-day cycles from Inlbabon of restoratIon acbvlty (Proposed Planmng CommIssIon Condlbon of Approval #19, R...,lubon No 93- 50) . Method of Verm...hon: ReceIpt of nobce by CIty from UNOCAL of "Nobce of Faclhty CleanIng Operauons" and cerbficabon by FacIlIty Operabon Manager of provISIon of fencelme monltonng to be conducted dunng bme of maJor SIte m31ntenance/cleanIng acbv,ty Tunine nf Venncation. ReceIpt of nobce and cerbficatlon by City a mlmmum of five (5) days pnor to maJor cleanIng operauons Resoonsible Personl A2encv: UNOCAL FacJ.hty OperatIons Manager as to requtred "NotIce of Faclhty Cleanmg Operabons", DIrector of Development ServIces for recOlpt of momtonng results, South Coast Air QUalIty Management Dlstnct - RegIonal Analyst for receIpt and analysIs of mon.tonng results 18 Mitieation Measure: UNOCAL shall Idenbfy the sequence and probabIlIty of events that can lead to an 011 combusbon smoke plume at the facIlIty through a "fault- tree" type analysIs The operablhty of smoke plume detecbon/prevenuon equIpment (I e , opacIty meters) and the threshold levels of burner shut-off mechanlsm(s) should be evaluated as part of the fault tree analysIs Results of analysIs to be prOVIded to Department of Development Semces and Orange County FIre Department for evaluatIon pnor to ISSuance offinal construcbon permIts (Proposed Plannmg CommISSIon CondItIOn of Approval #20, Resolubon No 93-50) . C \WP"il\RBS0\CUP92 7 PCR\LW\I0-2I93 17 . Plsmung Cmtwu.tnon Reso/lIlIon 9J-50 ContbllOtuU Use Pemul 92-7 99 MtJnlUl Dnw (UNOCAL) Method of VerincatlOn: County FIre Department ReceIpt of reqUIred fault-tree analysIs by CIty and Orange Tunin2 or Venncation: Receipt of requIred fault-tree analysIs by CIty and FIre Department WIth reqUIred construcuon plans Resoonslble Persnnl A2encv: UNOCAL Factllty Operabons Manager as to submtsSlon of reqUIred fault-tree analySIs, DIrector of Development ServIces for receIpt of analysIs and evaluabon pnor to ISSuance of buIldmg pennlts, South Coast AIr QualIty Management Dlstnct - RegIonal Analyst for recOlpt of analYSIS and evaluabon pnor to ISSuance of FIre Department approval of buIldmg plans 19 MItl2alton M'.""re. AlIl1I3Jor pIeces of equIpment, mcludmg storage tanks, wIll be pamted to closely match the color of the recently renovated Exxon 011 de-hydrauon facIlIty klcated ImmedIately adJacenl to the subject property (Proposed Planmng ComlntsSlon Condluon of Approval #21, Resolubon No 93-50) Method of Venncalton. FIeld Inspecbon Tmune or VenficatIon: Pnor to finalmspecuon by Butldmg Department ResnoDSlble Personl Al!!en~": Butldmg Department - Butldmg Inspector 20 M,lt2atlon Measure: A temporary nOIse and dust barner 15 feetm heIght WIll be reqUIred to be placed around the pen meter of the factllty dunng the demobuon and conStrucl1on phases, except for the entrance area (proposed PlannIng CommIssIon Cond,uon of Approval #22, Resolubon No 93-50) . Method nf Verincalton: FIeld Inspecbon TimmS! of VenficatlOn: PrIor to InitIation of any removal or demolItIon actlvIty, ongomg dunng requIred project mspecbons Resnon!l:Ible Person! A2enc:,,: BuIldmg Department - Butldmg Inspector 21 MIltl!8ltnn Measure Construct a 10 foot hIgh penmeter wall, completely encloslOg the separabon factllty S31d wall to have a mtmmum 18" bnck ptlaster every 25 feet and a ule copmg ProvIde sohd gates to match the heIght of the wall Type of wall matena1 to be approved by the Planmng CommIsSIon, If other than decorative concrete block ReqUIred wall and gates to be p31nted with a graffib resIstant matenal approved by the Butldmg Department (proposed Planmng ComlntSSlon CondItIon of Approval #23, Resolution No 93-50) Method nf Verincalton: Plan approval and field Inspecuon TlmlO2 of Verincaltnn: ReqUIred wall to be mdlcated on reqUIred phms submItted to Butldmg Department pnor to IDlbauon of any removal or demohtlon acbVlty, ongOIng dunng reqUIred proJect mspecbons Resnon.l;lhle Person! Al!enev. Butldmg Department - BUlldmg Inspector . C\WP:'II\RB!1O\CUP921PCRU-W\lo..2193 18 . . . . . Pllulluns Commu.aOll Rr.rollUroll 9J-50 CondIllonal Use Pe"",' 92-7 99 Manna Dnve (UNOCAL) 22 M,h.ahon Measure: SIdewalks to be provIded In accordance WIth the reqUirements of the EngIneenng Department Common dnveway areas seMng both UNOCAL and EXXON faclhbes to be covered by a mInimum of3" of asphalt, and shall be I1lll1nl31ned (proposed Phmmng CommIssIon Condluon of Approval #24, ResolutIon No 93-50) Method or Vorlfication mspecuons FIeld mspecbon, all work to be completed pnor to final TimID' nf Verincallon: Upon ISSuance of reqUIred pennlts and on an Irregular basIS, as detennIned by the Department of Development ServIceS R~Dons,ble Personl Al!!encv Department of Development Services - Director and/or ASSIstant Planner, BuIldmg Inspector 23 Miti.atlOn Measure: If any mdustrta1 excavabon/demobbon/construcbon acbVlbes result In the dISCOVery of cultural resources, UNOCAL to cease all excavabon/demobbon/conslrucbon acbVlbes ImmedIately and nObfy the D,rector of Development ServIceS The DIrector of Development ServIces shall ImmedIately nObfy the CIty selected archaeologIst (Interdlsclphnary Research Incorporated) and the Nauve Amencan mOnitor, designated by the Juaneiio Band of the MISSIon IndIans The City selected archaeologISt (lnterdlsclphnary Research Incorporated) WIll have the power to temporanly IutIt or dIvert the excavabon eqUipment In order to evaluate any potenbal cultural matenal (proposed PlannIng CommIssIon Condluon of Approval #25, Resolubon No 93-50) Method of Verlncahono ImmedIate nObficabon to CIty by UNOCAL thaI excavabon/demohbon/construcuon acbvlbes result m the dISCOVery of cultural resources FIeld Observal1on Reports submItted by CIty selected archaeologIst (lnterdlsclplmary Research Incorporated) and the NatIve Amencan momtor, designated by the JuaneDo Band of the MISSIon IndIans to Department of Development ServIces TImID' or Venncatmno Wntten Memo to Ftle Indlcabng bme of nOUficabon by UNOCAL to CIty and by CIty to CIty selected archaeologIst (Interdlsclphnary Research Incorporated) Confirmabon that CIty selected archaeologIst (lnterdlsclphnary Research Incorporated) and the Nauve Amencan momtor, desIgnated by the Juaneilo Band of the MISSIon IndIans, WIll be 10 observance, and submIttal of archaeologISt's and the Nabve Amencan mom tor's observabon reports Resnnoslble Person/A.encvo UNOCAL as to reqUIred ImmedIate nobce to CIty Department of Development ServiceS - Director and/or ASSistant Planner as to requIred ImmedIate nouce to CIty selected archaeologist (lnterdlsclphnary Research Incorporated), and the Nabve Amencan momtor, deSIgnated by the JuaneDo Band of the MISSIon Ind18I1s, for reqUired observauon services 24 MIlIl!lltmn Measure: Should any human bone be encountered dunng any demohuon/construcbon acbVlbes, all acUVlty shall cease ImmedIately and the Department of Development SerVlces shall be nObfied ImmedIately The D,rector of the Department of Development SerVlceS shall contact the Coroner pursuant to Secbon 5097 98 and 5097 99 of the Pubhc Resources Code relatIve to NatIve Amencan rem31ns Should the Coroner detennme the human rem31ns to be Nabve Amencan, the Nabve Amencan Hentage CommISSIon shall be contacted pursuant to State Law SB 297 (proposed Phmmng CommIssIon Condlbon of Approval #26, Resolubon No 93-50) C\WP:'lI\Rm.O\CUP92 7 PCR\LW\lo-'2I93 19 . . . . . PltJfltutlg CommwzOtl Rlaollllloll 93-50 CondmoMl Uu Pmn" 92-7 99 Manu Dnw (UNOCAL) Method nf VerificatIOn: Wntlen Memo to Ftle mdlcabng date and bme of nObficabon by CIty selected archaeologIst FIeld Observauon Reports submItted by Chambers Group, Inc to Department of Development Services Tunin. of VenficatlOn: Memo to FIle prepared ImmedIately upon noltficabon by CIty selected archaeologISt of findmgs and contact bme WIth Coroner Resoonsible Person/ A.encv: CIty selected archaeologIst (InterdlSClphnary Research Incorporated) and Department of Development ServIces - D,rector and/or ASSIstant Phmner 25 Mlh.ahnn Measure' The Appbcanl shall mdemmfy, defend and save harmless the CIty of Seal Beach, Its officers, agents and employees from any and all cl31ms and losses whatsoever occumng or resulbng to any and all persons, firms or corporabons furrushmg or supplymg work, serVlceS, matenals, or supphes 10 connecbon WIth the perfonnance of the use permItted hereby or the exerctse of the nghts granted herem, any and all cl31ms, lawsUIts or aCbons ansmg from the granbng of or the exercIse of the nghts permitted by thIS Condlbonal Use PermIt, and from any and all cl31ms and losses occumng or resulbng to any person, finn, corporatIOn or property for damage, mJury, death ansmg out of or connected With the performance of the use perm11led hereby Apphcant's obhgabon to mdemmfy, defend and save harmless the CIty as stated heretnabove shall mclude, but not be hmlted to, paymg all legal fees and costs mcurred by legal counsel of the CIty's chOIce 10 represenbng the CIty In connectIon WIth any such cla1ms, losses, laWSUIts or acbons, and any award of damages or allOrneys fees m any such laWSUIt or actIon (Proposed Planmng CommISSIon CondItIOn of Approval #27, Resolubon No 93-50) Method of Ve"ficahon. Attorney Approval of sIgned Indemmficabon agreement by the CIty 1imiQI!! of VenficatlOn: Pnor to ISSUIng a tlNotIce of ComplIance With ConditIons" by the Department of Development ServiceS ResDons,ble Person! A.enov: CIty Attorney to authonze acceptance of sIgned mdemmficabon agreement and mstruct Department of Development Servtces to Issue a "NObce of Comphance WIth Condlbons", authonzmg the apphcant to commence operabons 10 accordance WIth the condlbons of approval 26 M,ti.at,on Measure' An "Acceptance of Condlbons" fonn shall be sIgned by the apphcant In the presence of the Director of Development Services, or notanzed and returned to the Planmng Department pnor to the Issuance of any demohbon or buIldlOg permIts (proposed Planmng CommISSIon Condlbon of Approval #28, ResolutIon No 93- 50) Method of Venficahon: fonn Relurn of properly executed "Acceptance of Condluons" Tlmin. or Verificatlnn: Pnor to ISSuance of any reqUIred demohbon or bUlldmg pennlts by the Department of Development SerVlceS ResDonSlble Person! A.encv: Department of Development ServiceS - DIrector and/or ASSIstant Phmner, ButldlOg Departmenl - Butldmg Inspector C \wP51\1U!SO\CUP921 PCR\LW\IG.:z&..91 20 .. . . PltullUng Commu.sIon Ruolunon 93.50 CondJtronal UU Penru.t 92-7 99 ManlUJ Dnw (UNOCAL) 27 M,lI.alion Measure: A "Mlbgauon Momtonng Program Implementabon Fee" of $ 2,415 36 shall be p31d to the Clly pnor to the Issuance of demohbon or construcl1on permIts to off-set the esbmated costs of complymg wIth the adopted Mlugauon Momtonng and Reporbng Program S31d fee IS based on an esbmated 37 75 hours of staff bme m complymg WIth the reqUIred mODltonng and reporbng reqUIrements at an average hourly rate of $ 40 00 per hour and 5 hours of CIty Attorney bme as bIlled for an esbmated amount of $ 700 00, plus a general cIty overhead fee of 13 6% of the hourly staff fee total (Proposed Planning CommIsSIon Condluon of Approval #29, Resolubon No 93-50) Method nf Venncallon: or constructiOn permIts ReceIpt of fee payment pnor to the ISSuance of demohbon T1min. or Verlncallnn. Pnor to Issuance of any reqUIred demohbon or butldmg penmts by the Department of Development ServIces Resoonsible Person/ Aeencv: Department of Development ServIces - DIrector and/or ASSistant Planner, BUlldmg Department - Butldmg Inspector **** . . C \WP5I\1tBSO\CUP92 7 PCRU-W\lo.2193 21