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HomeMy WebLinkAboutZA2023-010 - APPROVING A LIMITED TERM PERMIT FOR A SOIL VAPOR EXTRACTION AND TREATMENT SYSTEM LOCATED AT 94 HARTFORD DRIVE [NH] (PA2022-0180)RESOLUTION NO. ZA2023-010 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING A LIMITED TERM PERMIT FOR A SOIL VAPOR EXTRACTION AND TREATMENT SYSTEM LOCATED AT 94 HARTFORD DRIVE [NH] (PA2022-0180). THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Emily Miller of WSP USA, in regards to the property located adjacent to 94 Hartford Drive, and legally described Lot 4 of Tract No. 12164 requesting approval of a Limited Term Permit for a soil vapor extraction and treatment system. The applicant requests a limited term permit for the construction of a soil vapor extraction and treatment system for a term of 12 months. The soil vapor extraction and treatment system will consist of a 20-foot width by 12-foot depth by 10-foot height treatment system building, an underground pipe network (approximately 2,400 linear ft), and 13 extraction wells for soil gas remediation. The project requests a 3.2-foot separation distance where the required separation is 8 feet between buildings and encroachment in the 5-foot front setback per the PC-24 (Aeronutronic Ford Planned Community) development standards. 2. The subject property is designated Multiple Residential (RM) by the General Plan Land Use Element and is located within the Aeronutronic Ford Planned Community (PC24) Zoning District. 3. The subject property is not located within the coastal zone. 4. A public hearing was originally scheduled on January 26, 2023, online via Zoom. A notice of the time, place, and purpose of the hearing was given in accordance with the Newport Beach Municipal Code (NBMC). The Zoning Administrator indicated that the matter would not be considered at that time and was continued to the meeting of March 2, 2023. 5. A public hearing was held on March 2, 2023, online via Zoom. A notice of the time, place, and purpose of the hearing was given in accordance with the Newport Beach Municipal Code (NBMC). Evidence both written and oral, was presented to and considered by the Zoning Administrator at this hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project is exempt from the California Environmental Quality Act (CEQA) under Section 15330 under Class 30 (Minor Actions to Prevent, Minimize, Stabilize, Mitigate or Eliminate the Release or Threat of Release of Hazardous Water or Hazardous Substances) and under Section 15308 under Class 8 (Actions by Regulatory Agencies for Protection of the Zoning Administrator Resolution No. ZA2023-010 Page 2 of 11 01-17-23 Environment) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3 because it has no potential to have a significant effect on the environment. 2. The Class 30 exemption allows 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 volatile organic compounds 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. 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. 3. The proposed soil vapor extraction and treatment system is consistent with the intent of the Class 30 exemption for minor cleanup actions as it proposes to mitigate the presence of volatile organic compounds (VOCs) in the soil without the use of a hazardous waste incinerator or thermal treatment unit. The project will not relocate any residences or businesses. Coordination with the South Coast Quality Air Management District (SCQAMD) has commenced and a permit for the release of volatile organic compounds 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 Santa Ana Regional Water Quality Control Board. SCQAMD, as the lead agency, will adopt this CEQA exemption with their authorization of the project scope. 4. The Class 8 exemption allows 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. 5. The proposed soil vapor extraction and treatment system for soil vapor remediation has been mandated by the State of California Santa Ana Regional Water Quality Control 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 volatile organic compounds 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 Class 8 exemption. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.040 (Limited Term Permits) of the Newport Beach Municipal Code, the following findings, and facts in support of such findings are set forth: Zoning Administrator Resolution No. ZA2023-010 Page 3 of 11 01-17-23 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 Newport Beach Municipal Code. 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’s regulations for both the same property and nearest adjacent residential property. To ensure compliance with the City’s noise standards, 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. 3. To minimize impacts to the community from noise and construction, the treatment system building will be conditioned to be constructed off-site. The acoustic audit of the prefabricated building will be conducted off-site to ensure it complies with the City’s noise standards prior to transportation of the treatment system building to the building site. After installation of the treatment system building on-site, a subsequent acoustic audit will be conducted to further ensure the building complies with the City’s noise standards. 4. The wall of the treatment system building adjacent to the building at 94 Hartford Drive will be constructed with a two (2)-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. Zoning Administrator Resolution No. ZA2023-010 Page 4 of 11 01-17-23 5. The building will be secured to the concrete pad with anchors chosen for the earthquake risk parameters of the City of 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. 6. The treatment system is designed to meet the standards of the South Coast Air Quality Management District (SCAQMD) 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 (2) granular activated carbon filters that will remove VOCs in the soil before the air is discharged from the treatment system. Continuous monitoring will be conducted as required by SCAQMD and findings will be reported to SCAQMD and the Water Board and will be made available to the public. 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 subject lot is within Planning Area 8 (Attached Residential) of the Aeronutronic Ford Planned Community, which is approximately 12 acres in size. The proposed building will be located 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 Newport Beach Municipal Code. 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 (2)-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 Zoning Administrator Resolution No. ZA2023-010 Page 5 of 11 01-17-23 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 (7) 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 (6) 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. Zoning Administrator Resolution No. ZA2023-010 Page 6 of 11 01-17-23 2. The soil vapor extraction and treatment system will require ongoing on-site monitoring and maintenance that will consist of one (1) or two (2) 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 (1) truck trailer and boom lift attachment parked on Country Club Drive are to take place two (2) times per year for 4 to 6 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 (7) 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 Zoning Administrator; and Fact in Support of Finding: 1. Planning Area 8 of the Aeronutronic Ford Planned Community requires a minimum of two (2) 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. 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 Aeronutronic Ford Planned Community (PC24) Zoning District pursuant to Section 20.52.040 (Limited Term Permits) of the Newport Beach Municipal Code. 2. The temporary (one [1]-year duration) treatment system building is conditioned to comply with all other applicable provisions of the General Plan, Municipal Code, and other City regulations. Zoning Administrator Resolution No. ZA2023-010 Page 7 of 11 01-17-23 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. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby finds this project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15330 under Class 30 (Minor Actions to Prevent, Minimize, Stabilize, Mitigate or Eliminate the Release or Threat of Release of Hazardous Water or Hazardous Substances) and Section 15308 under Class 8 (Actions by Regulatory Agencies for Protection of the Environment) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3 because it has no potential to have a significant effect on the environment. 2. The Zoning Administrator of the City of Newport Beach hereby approves the Limited Term Permit (PA2022-0180), subject to the conditions outlined in Exhibit A, which is attached hereto and incorporated by reference. 3. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal or call for review is filed with the Community Development Director by the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 2ND DAY OF MARCH 2023. Zoning Administrator Resolution No. ZA2023-010 Page 8 of 11 01-17-23 EXHIBIT “A” CONDITIONS OF APPROVAL Planning Division 1. 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. Zoning Administrator Resolution No. ZA2023-010 Page 9 of 11 01-17-23 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. Zoning Administrator Resolution No. ZA2023-010 Page 10 of 11 01-17-23 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. 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. Zoning Administrator Resolution No. ZA2023-010 Page 11 of 11 01-17-23 Fire Department 23. 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 24. 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. 25. 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 26. All exhaust air shall terminate outside of the treatment system building in accordance with the requirements of California Mechanical Code 502.0. 27. 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. 28. 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.