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HomeMy WebLinkAbout2023-42 - Denying an Appeal and Upholding the Decision of the Planning Commission to Approve a Limited Term Permit for a Soil Vapor Extraction and Treatment System Located Adjacent to 94 Hartford Drive [NH] (PA2022-0180)RESOLUTION NO. 2023-42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, DENYING AN APPEAL AND UPHOLDING THE DECISION OF THE PLANNING COMMISSION TO APPROVE A LIMITED TERM PERMIT FOR A SOIL VAPOR EXTRACTION AND TREATMENT SYSTEM LOCATED ADJACENT TO 94 HARTFORD DRIVE [NH] (PA2022-0180) WHEREAS, an application was filed by WSP USA ("Applicant"), requesting approval of a limited term permit along Country Club Drive and adjacent to the property located at 94 Hartford Drive, and legally described as Lot 4 of Tract No. 12164 ("Property"); WHEREAS, the Property is located within the area that was formerly the Ford Aeronutronic facility operated by Ford Motor Company from 1957 to 1993 for aerospace and electronic research, development, and production; WHEREAS, volatile organic compounds ("VOC") were used to clean the metal parts of the operating equipment as part of the on -site operations of Ford Motor Company; WHEREAS, the facility was demolished between 1993 and 1996 and the Santa Ana Regional Water Quality Control Board ("Water Board"), the leading regulatory agency for the former Ford Aeronutronic facility and related off -site areas, has overseen remediation to address the environmental impacts of the facility operations including bioremediation, excavation, disposal of soils and groundwater, as well as soil vapor treatment systems; WHEREAS, the site was subsequently rezoned and redeveloped for residential purposes in the 1990s and ongoing monitoring of groundwater and site conditions continues; WHEREAS, although remediation actions were previously conducted, the Water Board has determined that further remediation is necessary due to more stringent regulatory standards and advances in equipment sensitivity and detection limits; WHEREAS, the Applicant requests a limited term permit to construct a soil vapor extraction and treatment system consisting of a treatment system building that has a 20-foot width by 12-foot depth by 10-foot height, an underground pipe network (approximately 2,400 linear ft.), and 13 extraction wells for soil gas remediation located within the setback of Country Club Drive with a 3.2-foot separation from 94 Hartford Drive where the required setback is 8 feet for a term of approximately 12 months ("Project"); Resolution No. 2023-42 Page 2 of 5 WHEREAS, the Property is designated Multiple Residential (RM) by the General Plan Land Use Element and located within the Aeronutronic Ford Planned Community (PC- 24) Zoning District; WHEREAS, the Property is not located within the coastal zone, therefore, a coastal development permit is not required; WHEREAS, a public hearing before the Zoning Administrator was originally scheduled on January 26, 2023. A notice of the time, place, and purpose of the hearing was given in accordance with Chapter 20.62 (Public Hearings) of the Newport Beach Municipal Code ("NBMC"). The Zoning Administrator continued the item to the meeting of March 2, 2023; WHEREAS, at the continued public hearing held on March 2, 2023, evidence both written and oral, was presented to and considered by the Zoning Administrator at this hearing; WHEREAS, at the conclusion of the hearing, the Zoning Administrator adopted Resolution No. ZA2023-010 approving Limited Term Permit PA2022-0180; WHEREAS, on March 14, 2023, Amy Santella and Kevin Solomita filed an appeal of the Zoning Administrator's decision objecting to the location of the soil vapor extraction and treatment system building based on safety concerns due to the proximity to the residents; WHEREAS, a public hearing was held by the Planning Commission on May 18, 2023, in the City Council Chambers at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the public hearing was given in accordance with California Government Code Section 54950 et seq. ("Ralph M. Brown Act") and Chapter 20.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. The Planning Commission continued the meeting to June 22, 2023; WHEREAS, at the continued public hearing held on June 22, 2023, evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing; Resolution No. 2023-42 Page 3 of 5 WHEREAS, at the conclusion of the hearing, the Planning Commission adopted Resolution No. PC2023-023 (4 ayes, 2 nays, 1 recusal) upholding the Zoning Administrator's approval of Limited Term Permit PA2022-0180; WHEREAS, on July 5, 2023, Amy Santella, Kevin Solomita, Leslie Pratt, and Lee Healy filed an appeal of the Planning Commission's decision objecting to the location of the soil vapor extraction and treatment system building based on safety concerns due to the proximity to the residents; and WHEREAS, a public hearing was held by the City Council on July 25, 2023, in the City Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the public hearing was given in accordance with the Ralph M. Brown Act and Chapter 20.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and considered by, the City Council at this public hearing. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council has considered the decision of the Planning Commission and determined that modifications to the Project made by the City Council, if any, are not major changes that require referral back to the Planning Commission for consideration and recommendation. Section 2: The City Council does hereby uphold the Planning Commission's approval of Limited Term Permit PA2022-0180 based upon the Findings attached hereto as Exhibit 'A," and subject to the conditions of approval set forth in Exhibit "B," which are attached hereto and incorporated herein by reference. Section 3: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 4: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Resolution No. 2023-42 Page 4 of 5 Section 5: The City Council finds the adoption of this resolution is exempt from environmental review under the California Environmental Quality Act ("CEQA") pursuant to Section 15330 (Minor Actions to Prevent, Minimize, Stabilize, Mitigate or Eliminate the Release or Threat of Release of Hazardous Water or Hazardous Substances), under Section 15308 (Actions by Regulatory Agencies for Protection of the Environment), and Section 15303 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3. Section 15330 exempts minor cleanup actions taken to prevent, minimize, stabilize, mitigate, or eliminate the release or threat of release of hazardous waste or substance which are small or medium removal actions costing $1 million or less. The cleanup action shall not require the onsite use of a hazardous waste incinerator or thermal treatment unit, or the relocation of residences or businesses. The action shall not involve the potential release into the air of VOC as defined in Health and Safety Code Section 25123.6, except for small-scale in situ soil vapor extraction and treatment systems which have been permitted by the local Air Quality Management District ("AQMD"). The cleanup action must be consistent with all applicable state and local environmental permitting requirements such as off -site disposal, and air quality rules, and approved by the regulatory body with jurisdiction over the site. The Project is consistent with the intent of Section 15330 for minor cleanup actions as it proposes to mitigate the presence of VOC in the soil without the use of a hazardous waste incinerator or thermal treatment unit and the cost of often the facility is under $1 million. The Project will not relocate any residences or businesses. Coordination with the Water Board has commenced and a permit for the release of VOC into the air in small-scale in situ soil vapor extraction and treatment systems will be obtained. The Project is consistent with all applicable state and local environmental permitting requirements and is approved by the Water Board. Section 15308 actions taken by regulatory agencies as authorized by state law or local ordinance to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment. Construction activities and relaxation of standards allowing environmental degradation are not included in this exemption. The Project has been mandated by the Water Board as part of the required ongoing monitoring of groundwater and site conditions of the former Ford Facility. The Project will remediate the existence of VOC observed in the soil in order to protect the environment as well as the residents of the community. No construction activities or relaxation of standards that would cause environmental degradation are proposed and the Project is consistent with the intent of the Section 15308. Resolution No. 2023-42 Page 5 of 5 Section 15303 exempts the construction of new, small facilities or structures including accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences. The Project proposes the construction of a small 240- square-foot treatment system building for the purpose of soil vapor remediation. The soil vapor extraction and treatment system is intended to remediate the presence of VOCs for the residents of the Bayridge Park community. The exceptions to this categorical exemption under Section 15300.2 are not applicable. The Project location does not impact an environmental resource of hazardous or critical concern, does not result in cumulative impacts, does not have a significant effect on the environment due to unusual circumstances, does not damage scenic resources within a state scenic highway, is not a hazardous waste site, and is not identified as a historical resource. Section 6: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 25th day of July, 2023. ATTEST: C Leilani I. B City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Aaron C. Harp City Attorney Attachments: Exhibit "A" — Findings In Support of Limited Term Permit PA2022-01 Exhibit "B" — Conditions of Approval STATE OF CALIFORNIA COUNTY OF ORANGE ; ss. CITY OF NEWPORT BEACH I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; the foregoing resolution, being Resolution No. 2023-42 was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 25th day of July, 2023; and the same was so passed and adopted by the following vote, to wit: AYES: Mayor Noah Blom, Mayor Pro Tern Will O'Neill, Council Member Brad Avery, Council Member Robyn Grant, Council Member Lauren Kleiman, Council Member Joe Stapleton, Council Member Erik Weigand NAYS: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 26th day of July, 2023. W1, k � M/o. /91 , t � �j Leilani I. Brown I City Clerk f Newport Beach, California EXHIBIT "A" FINDINGS IN SUPPORT OF LIMITED TERM PERMIT PA2022-0180 In accordance with Section 20.52.040(G) (Limited Term Permits) of the NBMC, the following findings, and facts in support of findings are set forth as follows: Finding: A. The operation of the limited duration uses at the location proposed and within the period specified would not be detrimental to the harmonious and orderly growth of the City, nor endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the requested limited duration use; Facts in Support of Finding: 1. The treatment system building will be located adjacent to the residence at 94 Hartford Drive, along Country Club Drive, outside of common residential areas of the Bayridge Park Homeowner's Association. The building will be visually hidden from residents' sight as much as possible. The building will be designed with a gable roof and provide exterior siding painted to match the architectural exterior of the surrounding residential units along Hartford Drive. A new xeriscape landscape will be planted in and around the new treatment system building, which will help soften the visual impact of the structure. 2. An Acoustical Engineering Analysis was prepared by Yanchar Design & Consulting Group dated February 8, 2023. The predicted noise level in the Acoustical Engineering Analysis at the exterior of the treatment system building and adjacent residences of 92 and 96 Hartford Drive on the Property is 48.8 dBA which is consistent with the allowable exterior noise standards of 55 dBA from 7:00 am to 10:00 pm and 50 dBA from 10:00 pm to 7:00 am in the NBMC. The predicted noise level at 61 Hillsdale Drive, the nearest off -site residence, is calculated to be 34.9 dBA. Therefore, the treatment system building is expected to meet the requirements of the City of Newport Beach's ("City") regulations for both the same property and nearest adjacent residential property. 4. To minimize impacts to the community and adjacent residences from noise and construction, Condition of Approval Nos. 17 and 18 have been added requiring the treatment system building to be constructed off -site and an acoustic audit of the unit running at its maximum capacity prior to installation. The intent of the off -site acoustic audit is to ensure it complies with the City's noise standards prior to transportation to the building site. After installation of the treatment system building on -site, a subsequent acoustic audit will be required to be conducted to further ensure the building complies with the City's noise standards. 5. The wall of the treatment system building adjacent to the building at 94 Hartford Drive will be constructed with a two hour fire rated wall in accordance with the California Building Code ("CBC") and Building Division standards and policies. Construction plans will be reviewed for compliance with the CBC and Building Division before building permit issuance. 6. The building will be secured to the concrete pad with anchors chosen for the earthquake risk parameters of the Newport Beach area. The treatment system building will additionally be secured with a monitoring system that will safely shut down the system in the event of an earthquake or other unforeseen natural disasters and an operations manager will be alerted of the shutdown. The treatment system will be monitored and inspected for potential damages prior to restart. 7. The treatment system is designed to meet the standards of AQMD for the release of VOCs into the air at a level that is protective of the health of the community. The treatment system will incorporate two granular activated carbon filters that will remove VOCs in the soil before the air is discharged from the treatment system. As stated by the Applicant, total VOC concentration will be measured using a real-time monitor at least once a day for the first seven days of operation to confirm the system is operating as designed and within permit specifications which are set to be protective of public health. Subsequent monitoring will continue weekly, or more frequently as required by AQMD. All findings will be reported to the Water Board and will be made available to the public. Laboratory samples will be collected and analyzed on a frequency required by AQMD to confirm the efficacy of the granular activated carbon filter vessels and the treatment system overall. 8. The treatment system includes multiple redundancies to ensure concentrations of organic compounds released from the exhaust stack, if any, are below the AQMD emission limits. These emission limits are based on risk calculations that consider the most sensitive populations, including infants and young children. As stated by the Applicant, the vapors emitted are not acutely toxic. However, concentrations higher than the screening levels are currently being detected in the indoor of many homes in the Bayridge Park community and can cause effects over time which constitutes an urgency to implement remediation methods in the community. Finding: B. The subject lot is adequate in size and shape to accommodate the limited duration use without material detriment to the use and enjoyment of other properties located adjacent to and in the vicinity of the lot; Facts in Support of Finding: 1. The Property is within Planning Area 8 (Attached Residential) of the Aeronutronic Ford Planned Community (PC-24) Zoning District, which is approximately 12 acres in size. The proposed building will be located within the setback of Country Club Drive and adjacent to the residence of 94 Hartford Drive and Country Club Road and will not negatively impact on -site vehicular circulation. 2. As conditioned, the treatment system building will require an acoustic audit prior to transportation of the building onto the Property and after installation on -site to ensure it meets the allowable exterior noise standards of the NBMC. 3. The treatment system will be located within a new prefabricated building, which is 20 feet by 12 feet and 240 square feet in size. The building is 10-feet 2-inches to the top of the roof and 13-feet 5-inches to the top of the air exhaust. The existing dwelling is two stories and the proposed treatment system building will be visually hidden from the residents of the Bayridge Park community as much as possible. 4. The treatment system building will be located on private property and will not impact pedestrian or vehicular access along Country Club Drive. 5. Given its location, the treatment system building will be most visible to the adjacent residents of 94 Hartford Drive and to the residents of the One Ford Road community that takes access from Country Club Drive. As designed and conditioned, the treatment system building will be designed with a gable roof and provide exterior siding painted to match the architectural exterior of the surrounding residential units along Hartford Drive and landscaped with new xeriscape plantings to help soften the visual impacts from the adjacent private street. 6. Locations along Bison Avenue, a public right-of-way, were considered for the Project; however, the area was determined to not provide adequate space for the placement of the building. Significant grading into the slope would be required to install the building and the construction of new retaining walls would be needed to not impact the structural integrity of the existing retaining walls surrounding the Bayridge Park community. Given that this is a temporary project, this alternative was deemed infeasible. 7. Additional locations along Country Club Drive were considered providing a greater separation from 94 Hartford Drive. Unfortunately, the landscape parkway was either too narrow to accommodate the facility or too steep, requiring significant grading that would impact the condition of the Bayridge Park community and structural integrity of the existing retaining walls surrounding the community. 8. Alternative locations were considered within the Bayridge Park community within landscaped areas that provided adequate building separation from residents. These areas would require significant removal of existing trees within the community and the placement of the treatment system building will cause a disruption to existing drainage and creek beds. Additionally, placement of the treatment system building in these areas will create heavy visual impacts within the community and remove much needed parking for the residents. 9. In total, seven options were considered for the location of the soil vapor extraction system where the factors included: disruption to the neighborhood, proximity to homes, impact on parking, permitting complexity, implementation complexity, and power connection complexity. These factors were reviewed on a scale from low, medium, high, to infeasible. Six of the options encountered infeasibilities due to either impact on parking, permitting complexity, implementation complexity, or power connection complexity. Due to these infeasibilities, the location adjacent to 94 Hartford Drive was selected. Finding: C. The subject lot is adequately served by streets or highways having sufficient width and improvements to accommodate the kind and quantity of traffic that the limited duration use would or could reasonably be expected to generate, - Facts in Support of Finding: 1. The proposed treatment system building will be located adjacent to an existing private street, which is an entryway into the One Ford Road community. The building location is within an existing sloped and landscaped area that will not interfere with any circulation drive aisles. 2. The soil vapor extraction and treatment system will require ongoing on -site monitoring and maintenance that will consist of one or two field staff visiting the site approximately once a month to collect samples and perform maintenance as needed. No large commercial vehicles are required for monthly monitoring and maintenance and no impact or increase in traffic is expected. 3. Carbon changeouts that require a vacuum truck and one truck trailer and boom lift attachment parked on Country Club Drive are to take place two times per year for four to six hours at a time. This routine maintenance has a low frequency and will not completely obstruct the traffic circulation on Country Club Drive. Country Club Drive is a private street in a private community and is not subject to additional permits from Public Works. The Bayridge Park Homeowner's Association and One Ford Road Homeowner's Association will be notified at least seven days before maintenance. Finding: D. Adequate temporary parking to accommodate vehicular traffic to be generated by the limited duration use would be available either on -site or at alternate locations acceptable to the City Council; and Fact in Support of Finding: 1. Planning Area 8 of the Aeronutronic Ford Planned Community (PC-24) Zoning District requires a minimum of two guest parking spaces per cluster unit development where cluster unit development is defined as a combination or arrangement of attached or detached dwellings and their accessory structures on contiguous or related building sites. As conditioned, field staff performing on -site monitoring and maintenance will utilize the on -site guest parking spaces within the Bayridge Park Community during monthly visits. 2. Fact 3 in support of finding C is incorporated here by reference. Finding: E. The limited duration use is consistent with all applicable provisions of the General Plan, any applicable specific plan, the Municipal Code, and other City regulations. Facts in Support of Finding: 1. The limited term permit would allow the limited duration use to deviate from setback requirements and building separation requirements of the PC-24 Zoning District pursuant to Section 20,52.040 (Limited Term Permits) of the NBMC. 2. The temporary treatment system building with an approximate one-year duration is conditioned to comply with all other applicable provisions of the General Plan, Municipal Code, and other City regulations. 3. The treatment system building is conditioned to comply with all applicable provisions of the City's allowable exterior noise level. Condition of Approval Nos. 17 and 18 have been added requiring an acoustic audit of the prefabricated building and treatment system unit running at its maximum capacity prior to installation, and a subsequent audit after installation. EXHIBIT "B" CONDITIONS OF APPROVAL Planning Division The development shall be in substantial conformance with the approved site plan, floor plans, and building elevations stamped and dated with the date of this approval (except as modified by applicable conditions of approval). 2. The Project is subject to all applicable City ordinances, policies, and standards unless specifically waived or modified by the conditions of approval. 3. The Applicant shall comply with all federal, state, and local laws. A material violation of any of those laws in connection with the use may be caused the revocation of this limited term permit. 4. This Limited Term Permit may be modified or revoked by the Zoning Administrator if determined that the proposed uses or conditions under which it is being operated or maintained are detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained to constitute a public nuisance. 5. This Limited Term Permit shall expire twelve (12) months from the date of final issuance of the building permit unless an extension of up to one (1) additional period of 12 months is granted by the Zoning Administrator in compliance with Section 20.54.060 (Time Limits and Extensions) of the Zoning Code. A letter requesting the extension shall be submitted to the Planning Division no later than thirty (30) days before the expiration date of this permit. 6. Upon completion of this soil remediation project, the applicant is required to obtain a demolition permit from the City's Building Division and the site shall be returned to its former conditions prior to construction. 7. The treatment system building shall be designed with a gable roof and provide siding painted to match colors that are architecturally compatible with surrounding residential units. 8. Maintenance vehicles shall utilize residential guest spaces within the Bayridge Park community with approval from the Bayridge Park Homeowner's Association when working at the soil vapor extraction system and treatment facility. 9. Maintenance requiring large commercial vehicles shall be permitted to park on Country Club Road no more than two (2) times per calendar year unless otherwise required for health and safety. The applicant shall notify the Bayridge Park Homeowner's Association and the One Ford Road Homeowner's Association in writing at least seven (7) days before performing maintenance. 10. Prior to the issuance of building permits, the A/C unit serving 94 Hartford shall be relocated so that it does not interfere with the building separation between the prefabricated building and the residential unit. 11. Prior to the issuance of building permits, the project plans shall be modified to demonstrate that any disturbed landscape areas shall be replanted with water - efficient landscaping by Chapter 14.17 (Water Efficient Landscaping). 12. Prior to the issuance of a final building permit, the applicant shall obtain approval for a Permit to Construct (P/C) from the South Coast Quality Air Management District. 13. Any change in operational characteristics, expansion in the area, or other modification to the approved plans, shall require additional review from the Planning Division and may require an amendment to this Limited Term Permit or the processing of a new Limited Term Permit. 14. A copy of the Resolution, including conditions of approval Exhibit "A" shall be incorporated into the Building Division and field sets of plans before issuance of the building permits. 15. Prior to the issuance of a building permit, the applicant shall submit a landscape and irrigation plan prepared by a licensed landscape architect. These plans shall demonstrate the restoration of surrounding landscaping to provide further screening for the treatment system building. 16. Prior to the issuance of a building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 17. The treatment system unit shall be constructed off -site and prior to the transportation of the prefabricated treatment system unit to the project site and after installation of the structure, an acoustic audit shall be performed to ensure that the noise level observed at the exterior of the structure meets the allowable exterior noise standards of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. The results of the acoustic audit shall be submitted to the Planning Division prior to final inspection of the building permit. 18. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. The maximum noise shall be limited to no more than depicted below for the specified periods unless the ambient noise level is higher: Between the hours of 7:00 AM and 10:00 PM Between the hours of 10:00 PM and 7:00 AM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 100 feet of a commercial property 45dBA 60dBA 45dBA 50dBA Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property N/A 65dBA N/A 60dBA 19. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner, or leasing agent. 20. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code, which restricts hours of noise -generating construction activities that produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday, and 8:00 a.m. and 6:00 p.m. on Saturday. Noise -generating construction activities are not allowed on Sundays or Holidays. 21. This approval shall expire and become void unless exercised within 24 months from the actual date of review authority approval, except where an extension of time is approved in compliance with the provisions of Title 20 Planning and Zoning of the Newport Beach Municipal Code. 22. The applicant shall obtain all necessary permits or authorization from the Regional Water Quality Control Board and the South Coast Air Quality Management District. The project shall be designed, implemented, operated, and maintained in accordance with said permits or authorization from both agencies. 23. To the fullest extent permitted by law, the applicant shall indemnify, defend and hold harmless the City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs, and expenses (including without limitation, attorney's fees, disbursements, and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of Aeronutronic Ford Soil Vapor Remediation including, but not limited to, Limited Term Permit (PA2022-0180). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorney's fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by the applicant, City, and/or the parties initiating or bringing the such proceeding. The applicant shall indemnify the City for all of the City's costs, attorneys' fees, and damages that which City incurs in enforcing the indemnification provisions outlined in this condition. The applicant shall pay to the City upon demand any amount owed to the City under the indemnification requirements prescribed in this condition. Fire Department 24. A three (3)-foot wide walkway shall be provided on at least one (1) side of the lot from Country Club Drive for Fire Department access. Building Division 25. The Applicant is required to obtain all applicable permits from the City's Building Division and Fire Department. The construction plans must comply with the most recent, City -adopted version of the California Building Code. 26. A list of "good housekeeping" practices will be incorporated into the long-term post - construction operation of the site to minimize the likelihood that pollutants will be used, stored, or spilled on the site that could impair water quality. These may include frequent parking area vacuum truck sweeping, removal of wastes or spills, limited use of harmful fertilizers or pesticides, and the diversion of stormwater away from potential sources of pollution (e.g., trash receptacles and parking structures). The Stage 2 WQMP shall list and describe all structural and non-structural BMPs. In addition, the WQMP must also identify the entity responsible for the long-term inspection, maintenance, and funding for all structural (and if applicable Treatment Control) BMPs. Electrical, Mechanical, and Plumbing Division 27. All exhaust air shall terminate outside of the treatment system building in accordance with the requirements of California Mechanical Code 502.0. 28. Discharged liquid waste or sewage shall be connected properly to the drainage system of the premises in accordance with the requirements pursuant to California Plumbing Code, Chapter 7. 29. Prior to issuance of a building permit, the applicant shall ensure the location of the exhaust is adequately sited away from any residential building openings. Public Works Division 30. Prior to the start of construction, the applicant shall obtain an encroachment permit and enter into an encroachment agreement and approved as to form by the City Attorney's Office for the installation of the treatment system building. 31. The building foundation shall be constructed only of a slab and shall not be constructed with stem walls or deepened footings. EXHIBIT "A" FINDINGS IN SUPPORT OF LIMITED TERM PERMIT PA2022-0180 In accordance with Section 20.52.040(G) (Limited Term Permits) of the NBMC, the following findings, and facts in support of findings are set forth as follows: Finding: A. The operation of the limited duration uses at the location proposed and within the period specified would not be detrimental to the harmonious and orderly growth of the City, nor endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or general welfare of persons residing or working in the neighborhood of the requested limited duration use; Facts in Support of Finding: 1. The treatment system building will be located adjacent to the residence at 94 Hartford Drive, along Country Club Drive, outside of common residential areas of the Bayridge Park Homeowner's Association. The building will be visually hidden from residents' sight as much as possible. The building will be designed with a gable roof and provide exterior siding painted to match the architectural exterior of the surrounding residential units along Hartford Drive. A new xeriscape landscape will be planted in and around the new treatment system building, which will help soften the visual impact of the structure. 2. An Acoustical Engineering Analysis was prepared by Yanchar Design & Consulting Group dated February 8, 2023. The predicted noise level in the Acoustical Engineering Analysis at the exterior of the treatment system building and adjacent residences of 92 and 96 Hartford Drive on the Property is 48.8 dBA which is consistent with the allowable exterior noise standards of 55 dBA from 7:00 am to 10:00 pm and 50 dBA from 10:00 pm to 7:00 am in the NBMC. The predicted noise level at 61 Hillsdale Drive, the nearest off -site residence, is calculated to be 34.9 dBA. Therefore, the treatment system building is expected to meet the requirements of the City of Newport Beach's ("City") regulations for both the same property and nearest adjacent residential property. 4. To minimize impacts to the community and adjacent residences from noise and construction, Condition of Approval Nos. 17 and 18 have been added requiring the treatment system building to be constructed off -site and an acoustic audit of the unit running at its maximum capacity prior to installation. The intent of the off -site acoustic audit is to ensure it complies with the City's noise standards prior to transportation to the building site. After installation of the treatment system building on -site, a subsequent acoustic audit will be required to be conducted to further ensure the building complies with the City's noise standards. 5. The wall of the treatment system building adjacent to the building at 94 Hartford Drive will be constructed with a two hour fire rated wall in accordance with the California Building Code ("CBC") and Building Division standards and policies. Construction plans will be reviewed for compliance with the CBC and Building Division before building permit issuance. 6. The building will be secured to the concrete pad with anchors chosen for the earthquake risk parameters of the Newport Beach area. The treatment system building will additionally be secured with a monitoring system that will safely shut down the system in the event of an earthquake or other unforeseen natural disasters and an operations manager will be alerted of the shutdown. The treatment system will be monitored and inspected for potential damages prior to restart. 7. The treatment system is designed to meet the standards of AQMD for the release of VOCs into the air at a level that is protective of the health of the community. The treatment system will incorporate two granular activated carbon filters that will remove VOCs in the soil before the air is discharged from the treatment system. As stated by the Applicant, total VOC concentration will be measured using a real-time monitor at least once a day for the first seven days of operation to confirm the system is operating as designed and within permit specifications which are set to be protective of public health. Subsequent monitoring will continue weekly, or more frequently as required by AQMD. All findings will be reported to the Water Board and will be made available to the public. Laboratory samples will be collected and analyzed on a frequency required by AQMD to confirm the efficacy of the granular activated carbon filter vessels and the treatment system overall. 8. The treatment system includes multiple redundancies to ensure concentrations of organic compounds released from the exhaust stack, if any, are below the AQMD emission limits. These emission limits are based on risk calculations that consider the most sensitive populations, including infants and young children. As stated by the Applicant, the vapors emitted are not acutely toxic. However, concentrations higher than the screening levels are currently being detected in the indoor of many homes in the Bayridge Park community and can cause effects over time which constitutes an urgency to implement remediation methods in the community. Finding: B. The subject lot is adequate in size and shape to accommodate the limited duration use without material detriment to the use and enjoyment of other properties located adjacent to and in the vicinity of the lot; Facts in Support of Finding: 1. The Property is within Planning Area 8 (Attached Residential) of the Aeronutronic Ford Planned Community (PC-24) Zoning District, which is approximately 12 acres in size. The proposed building will be located within the setback of Country Club Drive and adjacent to the residence of 94 Hartford Drive and Country Club Road and will not negatively impact on -site vehicular circulation. 2. As conditioned, the treatment system building will require an acoustic audit prior to transportation of the building onto the Property and after installation on -site to ensure it meets the allowable exterior noise standards of the NBMC. 3. The treatment system will be located within a new prefabricated building, which is 20 feet by 12 feet and 240 square feet in size. The building is 10-feet 2-inches to the top of the roof and 13-feet 5-inches to the top of the air exhaust. The existing dwelling is two stories and the proposed treatment system building will be visually hidden from the residents of the Bayridge Park community as much as possible. 4. The treatment system building will be located on private property and will not impact pedestrian or vehicular access along Country Club Drive. 5. Given its location, the treatment system building will be most visible to the adjacent residents of 94 Hartford Drive and to the residents of the One Ford Road community that takes access from Country Club Drive. As designed and conditioned, the treatment system building will be designed with a gable roof and provide exterior siding painted to match the architectural exterior of the surrounding residential units along Hartford Drive and landscaped with new xeriscape plantings to help soften the visual impacts from the adjacent private street. 6. Locations along Bison Avenue, a public right-of-way, were considered for the Project; however, the area was determined to not provide adequate space for the placement of the building. Significant grading into the slope would be required to install the building and the construction of new retaining walls would be needed to not impact the structural integrity of the existing retaining walls surrounding the Bayridge Park community. Given that this is a temporary project, this alternative was deemed infeasible. 7. Additional locations along Country Club Drive were considered providing a greater separation from 94 Hartford Drive. Unfortunately, the landscape parkway was either too narrow to accommodate the facility or too steep, requiring significant grading that would impact the condition of the Bayridge Park community and structural integrity of the existing retaining walls surrounding the community. 8. Alternative locations were considered within the Bayridge Park community within landscaped areas that provided adequate building separation from residents. These areas would require significant removal of existing trees within the community and the placement of the treatment system building will cause a disruption to existing drainage and creek beds. Additionally, placement of the treatment system building in these areas will create heavy visual impacts within the community and remove much needed parking for the residents. 9. In total, seven options were considered for the location of the soil vapor extraction system where the factors included: disruption to the neighborhood, proximity to homes, impact on parking, permitting complexity, implementation complexity, and power connection complexity. These factors were reviewed on a scale from low, medium, high, to infeasible. Six of the options encountered infeasibilities due to either impact on parking, permitting complexity, implementation complexity, or power connection complexity. Due to these infeasibilities, the location adjacent to 94 Hartford Drive was selected. Finding: C. The subject lot is adequately served by streets or highways having sufficient width and improvements to accommodate the kind and quantity of traffic that the limited duration use would or could reasonably be expected to generate; Facts in Support of Finding: 1. The proposed treatment system building will be located adjacent to an existing private street, which is an entryway into the One Ford Road community. The building location is within an existing sloped and landscaped area that will not interfere with any circulation drive aisles. 2. The soil vapor extraction and treatment system will require ongoing on -site monitoring and maintenance that will consist of one or two field staff visiting the site approximately once a month to collect samples and perform maintenance as needed. No large commercial vehicles are required for monthly monitoring and maintenance and no impact or increase in traffic is expected. 3. Carbon changeouts that require a vacuum truck and one truck trailer and boom lift attachment parked on Country Club Drive are to take place two times per year for four to six hours at a time. This routine maintenance has a low frequency and will not completely obstruct the traffic circulation on Country Club Drive. Country Club Drive is a private street in a private community and is not subject to additional permits from Public Works. The Bayridge Park Homeowner's Association and One Ford Road Homeowner's Association will be notified at least seven days before maintenance. Finding: D. Adequate temporary parking to accommodate vehicular traffic to be generated by the limited duration use would be available either on -site or at alternate locations acceptable to the City Council; and Fact in Support of Finding: 1. Planning Area 8 of the Aeronutronic Ford Planned Community (PC-24) Zoning District requires a minimum of two guest parking spaces per cluster unit development where cluster unit development is defined as a combination or arrangement of attached or detached dwellings and their accessory structures on contiguous or related building sites. As conditioned, field staff performing on -site monitoring and maintenance will utilize the on -site guest parking spaces within the Bayridge Park Community during monthly visits. 2. Fact 3 in support of finding C is incorporated here by reference. Finding: E. The limited duration use is consistent with all applicable provisions of the General Plan, any applicable specific plan, the Municipal Code, and other City regulations. Facts in Support of Finding: 1. The limited term permit would allow the limited duration use to deviate from setback requirements and building separation requirements of the PC-24 Zoning District pursuant to Section 20.52.040 (Limited Term Permits) of the NBMC. 2. The temporary treatment system building with an approximate one-year duration is conditioned to comply with all other applicable provisions of the General Plan, Municipal Code, and other City regulations. 3. The treatment system building is conditioned to comply with all applicable provisions of the City's allowable exterior noise level. Condition of Approval Nos. 17 and 18 have been added requiring an acoustic audit of the prefabricated building and treatment system unit running at its maximum capacity prior to installation, and a subsequent audit after installation. EXHIBIT "B" CONDITIONS OF APPROVAL Planning Division The development shall be in substantial conformance with the approved site plan, floor plans, and building elevations stamped and dated with the date of this approval (except as modified by applicable conditions of approval). 2. The Project is subject to all applicable City ordinances, policies, and standards unless specifically waived or modified by the conditions of approval. 3. The Applicant shall comply with all federal, state, and local laws. A material violation of any of those laws in connection with the use may be caused the revocation of this limited term permit. 4. This Limited Term Permit may be modified or revoked by the Zoning Administrator if determined that the proposed uses or conditions under which it is being operated or maintained are detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained to constitute a public nuisance. 5. This Limited Term Permit shall expire twelve (12) months from the date of final issuance of the building permit unless an extension of up to one (1) additional period of 12 months is granted by the Zoning Administrator in compliance with Section 20.54.060 (Time Limits and Extensions) of the Zoning Code. A letter requesting the extension shall be submitted to the Planning Division no later than thirty (30) days before the expiration date of this permit. 6. Upon completion of this soil remediation project, the applicant is required to obtain a demolition permit from the City's Building Division and the site shall be returned to its former conditions prior to construction. 7. The treatment system building shall be designed with a gable roof and provide siding painted to match colors that are architecturally compatible with surrounding residential units. 8. Maintenance vehicles shall utilize residential guest spaces within the Bayridge Park community with approval from the Bayridge Park Homeowner's Association when working at the soil vapor extraction system and treatment facility. 9. Maintenance requiring large commercial vehicles shall be permitted to park on Country Club Road no more than two (2) times per calendar year unless otherwise required for health and safety. The applicant shall notify the Bayridge Park Homeowner's Association and the One Ford Road Homeowner's Association in writing at least seven (7) days before performing maintenance. 10. Prior to the issuance of building permits, the A/C unit serving 94 Hartford shall be relocated so that it does not interfere with the building separation between the prefabricated building and the residential unit. 11. Prior to the issuance of building permits, the project plans shall be modified to demonstrate that any disturbed landscape areas shall be replanted with water - efficient landscaping by Chapter 14.17 (Water Efficient Landscaping). 12. Prior to the issuance of a final building permit, the applicant shall obtain approval for a Permit to Construct (P/C) from the South Coast Quality Air Management District. 13. Any change in operational characteristics, expansion in the area, or other modification to the approved plans, shall require additional review from the Planning Division and may require an amendment to this Limited Term Permit or the processing of a new Limited Term Permit. 14. A copy of the Resolution, including conditions of approval Exhibit "A" shall be incorporated into the Building Division and field sets of plans before issuance of the building permits. 15. Prior to the issuance of a building permit, the applicant shall submit a landscape and irrigation plan prepared by a licensed landscape architect. These plans shall demonstrate the restoration of surrounding landscaping to provide further screening for the treatment system building. 16. Prior to the issuance of a building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Division. 17. The treatment system unit shall be constructed off -site and prior to the transportation of the prefabricated treatment system unit to the project site and after installation of the structure, an acoustic audit shall be performed to ensure that the noise level observed at the exterior of the structure meets the allowable exterior noise standards of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. The results of the acoustic audit shall be submitted to the Planning Division prior to final inspection of the building permit. 18. All noise generated by the proposed use shall comply with the provisions of Chapter 10.26 and other applicable noise control requirements of the Newport Beach Municipal Code. The maximum noise shall be limited to no more than depicted below for the specified periods unless the ambient noise level is higher: Between the hours of 7:00 AM and 10:00 PM Between the hours of 10:00 PM and 7:00 AM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 100 feet of a commercial prope 45dBA 60dBA 45dBA 50dBA Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property N/A 65dBA N/A 60dBA 19. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner, or leasing agent. 20. Construction activities shall comply with Section 10.28.040 of the Newport Beach Municipal Code, which restricts hours of noise -generating construction activities that produce noise to between the hours of 7:00 a.m. and 6:30 p.m., Monday through Friday, and 8:00 a.m. and 6:00 p.m. on Saturday. Noise -generating construction activities are not allowed on Sundays or Holidays. 21. This approval shall expire and become void unless exercised within 24 months from the actual date of review authority approval, except where an extension of time is approved in compliance with the provisions of Title 20 Planning and Zoning of the Newport Beach Municipal Code. 22. The applicant shall obtain all necessary permits or authorization from the Regional Water Quality Control Board and the South Coast Air Quality Management District. The project shall be designed, implemented, operated, and maintained in accordance with said permits or authorization from both agencies. 23. To the fullest extent permitted by law, the applicant shall indemnify, defend and hold harmless the City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs, and expenses (including without limitation, attorney's fees, disbursements, and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of Aeronutronic Ford Soil Vapor Remediation including, but not limited to, Limited Term Permit (PA2022-0180). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorney's fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by the applicant, City, and/or the parties initiating or bringing the such proceeding. The applicant shall indemnify the City for all of the City's costs, attorneys' fees, and damages that which City incurs in enforcing the indemnification provisions outlined in this condition. The applicant shall pay to the City upon demand any amount owed to the City under the indemnification requirements prescribed in this condition. Fire Department 24. A three (3)-foot wide walkway shall be provided on at least one (1) side of the lot from Country Club Drive for Fire Department access. Building Division 25. The Applicant is required to obtain all applicable permits from the City's Building Division and Fire Department. The construction plans must comply with the most recent, City -adopted version of the California Building Code. 26. A list of "good housekeeping" practices will be incorporated into the long-term post - construction operation of the site to minimize the likelihood that pollutants will be used, stored, or spilled on the site that could impair water quality. These may include frequent parking area vacuum truck sweeping, removal of wastes or spills, limited use of harmful fertilizers or pesticides, and the diversion of stormwater away from potential sources of pollution (e.g., trash receptacles and parking structures). The Stage 2 WQMP shall list and describe all structural and non-structural BMPs. In addition, the WQMP must also identify the entity responsible for the long-term inspection, maintenance, and funding for all structural (and if applicable Treatment Control) BMPs. Electrical, Mechanical, and Plumbing Division 27. All exhaust air shall terminate outside of the treatment system building in accordance with the requirements of California Mechanical Code 502.0. 28. Discharged liquid waste or sewage shall be connected properly to the drainage system of the premises in accordance with the requirements pursuant to California Plumbing Code, Chapter 7. 29. Prior to issuance of a building permit, the applicant shall ensure the location of the exhaust is adequately sited away from any residential building openings. Public Works Division 30. Prior to the start of construction, the applicant shall obtain an encroachment permit and enter into an encroachment agreement and approved as to form by the City Attorney's Office for the installation of the treatment system building. 31. The building foundation shall be constructed only of a slab and shall not be constructed with stem walls or deepened footings.