Pacific Steel Casting Use Permit History This document provides an overview of the Use Permits and relevant conditions for the three Pacific Steel Casting plants. Copies of documents from the Planning Department files for Plants 2 and 3 are provided in Attachment 1 (234-page PDF, beginning with Use Permit 7388). An index to the documents is also provided. PLANT 1 (circa 1934) Use Permits were not required for this use prior to 1949. The use is legally nonconforming by virtue of its not having a use permit, and is subject to BMC Section 23C.04.060 B regarding nonconforming uses, which requires a use permit for substantial expansion. Zoning Permit approved on August 9, 1990 to allow installation of carbon adsorption system. Administrative Use Permit B0644 to demolish a non-residential out-building to allow construction of carbon adsorption equipment approved by Zoning Officer on November 12, 1990.
Pacific Steel Casting Use Permit History Page 2 PLANT 2 (1975) Use Permit #7388 to construct a shell foundry - approved by ZAB July 24, 1974 (see Attachment 1, pages 1-7) Conditions of Approval 1. That the plans including any soils information shall be subject to review by the Board or its designated agent or consultant prior to obtaining a building permit to insure the adequacy of protection for the building and its future occupants against seismic hazard. 2. That dust and loose sand shall not be permitted to be on the premises, the street or adjoining property as a result of the operation of this facility. 3. That public work shall be performed as required by the Department of Public Works (Copy of their recommendation attached*). 4. That use of the unimproved area as shown on the plans shall be subject to approval by the Board. 5. That the Permit shall be subject to review and the imposition of further conditions if justified complaints are received concerning bright lights, odor or noise. *recommendation has been reviewed by current PW staff they report compliance with the conditions contained in that document (Attachment 1, page 2: letter from PW Director to Zoning Officer dated July 26, 1974). NOTE: No hours of operation or shift/employee limitations were imposed. The Use Permit application (see Attachment 1, pages 8-24) stated that there were approximately 250 employees currently at Plant 1, and that any estimate of new workers would be speculative, dependant upon how the expanded plant operated. Applicant s Statement indicates that dust and fumes will be controlled and in compliance with Bay Area Air Pollution Control Board requirements (see Attachment 1, page 15). Use Permit Modification (7388) to install a 1,460 square foot building for sand recycling equipment approved by ZAB November 25, 1996 (see Attachment 1, pages 25-44) Conditions of Approval 1. All conditions of approval of Use Permit #7388 shall continue to apply.
Pacific Steel Casting Use Permit History Page 3 Use Permit Modification #01-70000007 (to Permit #7388) to construct a 945 square foot storage structure to house spare parts and maintenance equipment - approved by the ZAB on June 14, 2001 (see Attachment 1, pages 45-76) Conditions of Approval (Excerpts from Use Permit Findings and Conditions, UP #01-70000007) 7. All conditions of Use Permit #7388 shall obtain. 8. Plans submitted to the Building and Safety Division for review shall adhere substantially to the drawings approved by the ZAB. 9. The applicant shall be responsible for identifying and securing all applicable permits from the Building and Safety Division and other affected City Divisions/Departments. 10. The developer shall be responsible for developing plans to establish drainage patterns that will not adversely affect adjacent properties. These plans shall be subject to review and approval by the Public Works Department at the time of submittal of the building permit application, if required by the Public Works Department. 16. The applicant is responsible for complying with all the above conditions, including securing and submitting to the project planner signatures for required approvals for those conditions at the times specified. Failure to comply with any condition could result in construction work being stopped, issuance of citation, as well as further review by the Zoning Adjustments Board, which may modify or impose additional conditions, or revoke the Use Permit approval.
Pacific Steel Casting Use Permit History Page 4 PLANT 3 (1981) Use Permit #8957 to construct Plant 3 approved by ZAB November 14, 1979 (see Attachment 1, pages 77-106) Conditions of Approval: 1. That the requirements of the Department of Public Works be met with regard to street improvements (See letter dated June 12, 1979 copy attached*) 2. That the Use Permit shall be subject to review and added conditions as needed to alleviate any valid complaint concerning blowing sand or dust, bright lights, odor or noise. NOTE: * PW personnel have reviewed the letter and confirm that the work noted has been done. The applicant statement indicates that Pacific Steel Casting employed approximately 300 people, and that the new plant would employ approximately 80 people per shift and would generally operate from 7:30 a.m. to 4 p.m. In reviewing the testimony given during the Board hearing of November 14, 1979, the applicant indicated that while he hoped that opening Plant 3 would allow the elimination of an evening shift, that future demands might necessitate additional shifts at the various plants. No limitations on hours of operation or number of employees were set as conditions of approval. Appeal of Use Permit approval to City Council, December 11, 1979 (see Attachment 1, pages 102 106) Records of City Council action are not currently available; however, a January 21, 1980 memo from the City Attorney indicates that all motions before the Council for action on the appeal failed and that the time period for rendering a decision expired and the decision of the Board of Adjustments was deemed affirmed and the appeal deemed denied (page 106). 1982 Initiation of Revocation Procedures Zoning Adjustments Board Review of Use Permit #8957 and ZAB addition of new conditions (see Attachment 1, pages 107-149) Staff was unable to locate complete ZAB files or packets for said review. However, Staff found some staff reports, summary minutes, memos and reference to the review in the 1982 agendas. Where reel-to-reel tapes were preserved, Staff had them converted to CD s and a summary made of the
Pacific Steel Casting Use Permit History Page 5 testimony (below). Additionally, where there were documents, these are referenced below and are in the attachments as noted. February 8, 1982 Board of Adjustments Revocation Resolution No. 2 82, on ZAB agenda for Discussion re Pacific Steel Casting/complaints UP #8957 - The ZAB discussed odor complaints briefly and decided to initiate revocation hearings and set this for hearing on March 8, 1982. The ZAB stated they d like to know if the Air District was investigating, and it was questioned whether the Air District had enough staff do more than register complaints, whether they retained enforcement capabilities. See Resolution #2-82 and public hearing notice, (see Attachment 1, pages 110-111). March 8, 1982 on ZAB agenda for 1333-2 nd Street Proposed revocation of use permit issued to Pacific Steel Casting Company UP #8957 March 8 hearing taped over by March 29 hearing. Staff report includes memos from BAAQMD (dated February 25, 1982) relating history of complaints, and from PSC attorney (dated March 4, 1982) stating their determination to cooperate with BAAQMD directives. Staff report indicates that current employment was 485. (See Attachment 1, pages 112-128). March 22, 1982 ZAB action to add conditions, rather than revoke Use Permit; on ZAB agenda for Proposed revocation of use permit issued to Pacific Steel Casting Company UP #8957 - ZAB indicated that they would have further discussions once BAAQMD had time to act on complaints. They made a motion to continue the public hearing on the revocation for six months and to add conditions to Use Permit #8957 as follows: 1. That there will be an automatic review of the Use Permit in six months. (It is the intent of the Board also to review the operation of Plant No. 2 under Use Permit #7388 at this same time). 2. That Use Permit #8957 will be reviewed at any time that three citations concerning odor complaints are issued to Pacific Steel Casting Company by Bay Area Air Quality Management District (BAAQMD). 3. That Pacific Steel Casting shall pay the cost of hiring an environmental engineer or other qualified consultant having expertise in odor control to be selected by and work at the direction of the City of Berkeley by and work at the direction of the City of Berkeley to determine the cause of the odor problem. The person or firm hired is to determine the chemical composition of materials used by the company and is to identify any substance which may be carcinogenous or which otherwise may adversely affect health of employees or persons working or residing in the neighborhood. 4. That Pacific Steel Casting shall draft a proposed method of recording complaints concerning odors subject to the approval of the Zoning Officer; provided, however, that the Board of Adjustments will review the record of complaints.
Pacific Steel Casting Use Permit History Page 6 5. That Pacific Steel Casting is required to provide effective control of odors emanating from the operation of their plants; failure to do so will be cause to consider revocation of Use Permits issued to the company. (See Attachment 1, page 126) The ZAB explained to the public that they had chosen to impose additional conditions rather than revoke the permit at that time. March 29, 1982 on ZAB agenda for Board discussion of implementation of required condition, Pacific Steel Casting Company The Zoning Officer advised the ZAB that PSC had a problem with the condition regarding hiring a consultant, as they wished to hire same consultant for their purposes. ZAB let condition stand. August 9, 1982 on ZAB agenda for Pacific Steel Casting citations Further review based on citations; no action. September 9, 1982 on ZAB agenda under Informational Items Council Actions on September 7 Council minutes indicate they continued the item to October 26. September 27, 1982 on ZAB agenda (for 1401 and 1420 2 nd St.) for Revocation hearings cancelled. New notice to be provided when rescheduled. (Pacific Steel Casting) UP #7388/8957 Note: Unable to find archival documentation of 1983-84 ZAB agendas to determine whether item was ever rescheduled. 1982-83 Appeal of condition: City Council review of Use Permit #8957(see Attachment 1, pages 130-139) June 1, 1982 - City Council staff report. PSC appealed ZAB condition regarding PSC requirement to pay for cost of engineer to determine cause of odor problem and health effects because such efforts would be duplicative of other ongoing studies (case continued to September 7, 1982). September 7, 1982 on Council agenda as continued hearing on Appeal of ZAB decision. Took testimony and continued the public hearing to October 26, 1982 to permit study of the Bay Area Air Quality management Board s investigation which is due to be completed in a few weeks. Also directed City Manager to write to BAAQMD to suggest they seek help from State Dept. of Health and the foundry somewhere in the east which hearsay says has faced similar problems.
Pacific Steel Casting Use Permit History Page 7 October 26, 1982 nothing on Council agenda to indicate why the hearing was not on this meeting. November 23, 1982 on Council agenda as continued public hearing on Appeal of ZAB decision. Council took testimony and moved to continue hearing offcalendar until such time as the health risk assessment was completed and the effects of any engineering controls could be evaluated. February 8, 1983 on Council agenda as informational status report no details or action given. April 19, 1983 Council closes public hearing and remands to Board to monitor effects of mitigation measures and schedule additional public hearings as necessary. Note: Various memos regarding progress reports to Council and ZAB are attached (see Attachment 1, pages 140-149). Council Information Report dated December 6, 1983 (page 145) has detailed information about BAAQMD Abatement Order and odor requirements. Report confirms that ZAB hearings were held in abeyance until completion of BAAQMD abatement actions. Use Permit Modification to UP#8957, to change hours to allow for overtime and off-shift Pacific Steel Casting Company Approved by ZAB January 7,1991 (see Attachment 1, pages 150-204) Note: Tapes of the 1/17/91 ZAB hearing only have small portion of hearing audible, at very beginning. No testimony audible. January 7, 1991 Zoning Adjustments Board meeting. Staff report, Initial Study, Bendix Toxicological analysis attached. No NOD included in files. Staff report includes background on odor complaints and conditions as follows: Applicant shall cause odors to be abated so that there are odor complaints, confirmed by BAAQMD, on fewer than seven days in any 90 day period after completion of installation of carbon adsorption equipment on Plant #1 and completion of remainder of odor control measures approved by BAAQMD. Complaint records will be monitored and reported to the City on a monthly basis by the BAAQMD. If the BAAQMD reports to the City that odor complaints have been confirmed on seven or more days in any 90 day period, the City may
Pacific Steel Casting Use Permit History Page 8 require further review of the use permit, and may, after notice and hearing, take any or all of the following actions: 1. require further environmental evaluation of PSC s operations, to be paid for by the applicant; 2. require implementation of appropriate elements of the odor abatement contingency plan, required by the Alameda county Superior Court Order, filed June 6, 1989; 3. impose additional conditions on the operation of Plant #3; or 4. revoke the use permit modification allowing flexible hours in Plant #3. Use Permit #06-10000045 to remove a portion of an existing overhang structure used for material storage and replace it with a carbon adsorption system and associated platform approved by ZAB May 11, 2006. Approval upheld by City Council on appeal. (see Attachment 1, pages 205-226) Excerpts from Conditions of Approval 2. Applicant Responsible for Compliance with Conditions The applicant shall ensure compliance with all of the following conditions, including submittal to the project planner of required approval signatures at the times specified. Failure to comply with any condition may result in construction being stopped, issuance of a citation, and/or modification or revocation of the Use Permit. 3. As It Relates to the Carbon Adsorption System Only, Uses Approved Deemed to Exclude Other Uses (Section 23B.56.010) A. This Permit authorizes only those uses and activities actually proposed in the application and exclude other uses and activities. B. Except as expressly specified herein, this Permit terminates all other uses at the location subject to it. 4. Modification of Permits (Section 23B.56.020) No change in the use for which this Permit is approved is permitted unless the Permit is modified by the Zoning Adjustments Board, in conformance with Section 23B.56.020.A. A. Changes in the plans for the construction of a building or structure, may be modified prior to the completion of construction, in accordance with Section 23B.56.030.D. The Zoning Officer may approve changes
Pacific Steel Casting Use Permit History Page 9 to plans approved by the Board, consistent with the Board s policy adopted on May 24, 1978, which reduce the size of the project. The Zoning Officer may also approve a maximum two-foot variation to Board approved plans, provided, that such variation does not increase a structure s height, reduce the minimum distance to any property line, and/or does not conflict with any special objective sought by the Board. 5. Plans and Representations Become Conditions (Section 23B.56.030) Except as expressly specified herein, the site plan, floor plans, building elevations and any additional information or representations submitted by the applicant during the Staff review and public hearing process leading to the approval of this Permit, whether oral or written, which indicated the proposed structure or manner of operation are deemed conditions of approval. Prior to Issuance of Occupancy Permit or Final Inspection: 25. The project shall conform to the plans and statements in the Use Permit. 26. Prior to issuance of an occupancy permit or final inspection, the applicant must show compliance with Conditions 1-9 of the approved Design Review Permit #06-30000027. At All Times: 27. All exterior lighting shall be shielded and directed downward and away from property lines to prevent excessive glare beyond the subject property. 28. The applicant shall establish and maintain drainage patterns that do not adversely affect adjacent properties and rights-of-way. Drainage plans shall be submitted for approval of the Building & Safety Division and Public Works Department, if required. 29. The applicant shall ensure that all excavation takes into account surface and subsurface waters and underground streams so as not to adversely affect adjacent properties and rights-of-way. Subsequent to the Installation of the Carbon Adsorption System at Plant 3 31. For the first five years subsequent to the installation of the carbon adsorption system at Plant 3, the applicant shall submit to the Zoning Officer a copy of any Notice of Violation the Company has received from the Air District, within seven calendar days of receiving said Notice.
Pacific Steel Casting Use Permit History Page 10 32. At six months after the Building Permit Final Inspection, and annually thereafter for five years, Pacific Steel Castings shall submit a Performance Report to the Zoning Officer including at least the following: A. The annualized production levels (average hours of operation per operating day; average days/week operating; current work schedule; annualized average output (tons) for Plant 3 and for the facility as a whole (Plants 1, 2 and 3); B. The current level of employment and numbers of shifts, by each of the three plants; C. The number of removal and replenishments for each carbon filtration system within the facility (i.e., Plants 1, 2, and 3); D. The effectiveness of the Plant 3 carbon adsorption system; E. Any additional improvements in air quality controls, including any changes in the three Carbon Adsorption Systems, implemented since the previous Performance Report; F. An analysis of the Air District Notices of Violation received during the reporting period, indicating the nature of the incident, the Company s response, and any future pending action; and G. The status of the Site Specific Health Risk Assessment as it relates to operations of the Plant 3 carbon adsorption unit. The Zoning Officer shall place an information item on the ZAB agenda or, if the Zoning Officer deems it necessary, schedule a Public Hearing with the Zoning Adjustments Board to take place within two months after receiving each Performance Report to review and comment on Pacific Steel Casting s progress in controlling and abating odors and unhealthy air emissions from their facility. 33. The applicant shall be responsible for paying all fees for City staff time associated with enforcement of the above conditions. Fees shall be based on the adopted City fee schedule in place at the time of the work is performed. NOTE: Although contesting the due date as specified in Condition #32, PSC provided the required performance report following the timeline requested by the City (see Attachment 1, pages 227-234).