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HomeMy WebLinkAbout05-18-2023 - Planning CommissionPage 1 of 6 NEWPORT BEACH PLANNING COMMISSION MINUTES CITY COUNCIL CHAMBERS – 100 CIVIC CENTER DRIVE THURSDAY, MAY 18, 2023 REGULAR MEETING – 6:30 P.M. I. CALL TO ORDER – 6:30 P.M. II. PLEDGE OF ALLEGIANCE – Commissioner Klaustermeier III. ROLL CALL PRESENT: Chair Curtis Ellmore, Vice Chair Mark Rosene, Secretary Sarah Klaustermeier, Commissioner Brady Barto, Commissioner Tristan Harris, and Commissioner Jonathan Langford ABSENT: Commissioner Lee Lowrey Staff Present: Deputy Community Development Director Jim Campbell, Assistant City Attorney Yolanda Summerhill, Senior Civil Engineer David Keely, Assistant Planner Jenny Tran, Principal Planner Jaime Murillo, and Administrative Assistant Clarivel Rodriguez IV. PUBLIC COMMENTS Lt. Colonel Bob Lang, Aircraft Owners & Pilots Association representative for John Wayne Airport (JWA), opposed the residential development on Campus Drive and the golf course. Julian Steffenhagen, Pacific Flight Aviation flight instructor, noted that the noise map for JWA does not reflect the sound from 20 Left, sound impacts for residents, and consequences to employees, employers, and JWA users from construction at 20 Left. John Mahany, SoCal Pilots Association President, opposed rezoning the land next to JWA to residential and noted the noise impacts to residents. V. REQUEST FOR CONTINUANCES Deputy Community Development Director Campbell announced that Item No. 3: Housing Element Implementation - Noise-Related Amendments (PA2022-0201) has been removed from the agenda and will return to the Planning Commission at a later date. VI. CONSENT ITEMS ITEM NO. 1 MINUTES OF MAY 4, 2023 Recommended Action: Approve and file Jim Mosher noted the Planning Commission meeting start time change to 6:00 p.m. as per the meeting minutes and the 6:30 p.m. start time of tonight’s meeting. Motion made by Commissioner Langford and seconded by Commissioner Harris to approve the minutes of the May 4, 2023, meeting with Mr. Mosher’s edits. AYES: Ellmore, Barto, Harris, Klaustermeier, Langford, and Rosene NOES: None ABSTAIN: None ABSENT: Lowrey DocuSign Envelope ID: 23A974E3-E32D-4068-94E1-F13D54E51B16 Planning Commission Meeting Minutes May 18, 2023 Page 2 of 6 VII. PUBLIC HEARING ITEMS ITEM NO. 2 AERONUTRONIC FORD SOIL VAPOR REMEDIATION APPEAL (PA2022-0180) Site Location: Near 94 Hartford Drive Summary: An appeal of the Zoning Administrator’s March 2, 2023, decision to approve a limited term permit for the construction and operation of a soil vapor extraction and treatment system. The project includes construction of a 20-foot wide by 12-foot deep by 10-foot-high treatment system building, an underground pipe network of approximately 2,400 linear feet, and 13 extraction wells for soil gas remediation. The applicant is requesting a limited term permit to operate the soil vapor extraction and treatment system for a term of approximately 12 months. A limited term permit is requested to allow a 3.2-foot separation between the treatment system building and nearest residential structure where the required separation is 8 feet between buildings, and to allow the treatment system building to encroach into the 5-foot front setback. Recommended Action: 1. Conduct a de novo public hearing; 2. Find this project 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), Section 15308 under Class 8 (Actions by Regulatory Agencies for Protection of the Environment), and Section 15303 under Class 3 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, Title 14, Division 6, Chapter 3 because it has no potential to have a significant effect on the environment; and 3. Adopt Resolution No. PC2023-023 denying the appeal and upholding and affirming the Zoning Administrator’s Approval of a Limited Term Permit for a soil vapor extraction and treatment system filed as PA202-0180 (Attachment No. PC 1). Commissioner Lowrey recused himself from Item No. 2 due to the project’s proximity to his home. Assistant Planner Tran used a presentation to review the appeal of the Aeronutronic Ford soil vapor remediation limited term permit, former Ford Facility map and background, vicinity map, project description, soil vapor extraction (SVE) and treatment system diagram, treatment system building location and design, Zoning Administrator action, appeal, water main and relocation of the treatment system building, alternative location considerations, concerns for timeframe, safety, quality of life, air quality monitoring, and home values, condition of approval, and recommended actions. In response to Commissioner Harris’ questions, Senior Civil Engineer Keely noted that the moratorium on Bison Avenue was issued by the City, lasts five years, and trenching in the public right-of-way would require extensive reconstruction of the street. Assistant Planner Tran indicated that the applicant and Homeowners’ Association (HOA) agreed on the proposed location. Deputy Community Development Director Campbell clarified that the applicant would need to request an extension in writing to extend the Limited Term Permit and the Community Development Director can issue an extension for up to one year. Commissioner Harris asked if a representative for the HOA was in attendance, and no one responded. In response to Commissioner Langford’s question, Deputy Community Development Director Campbell indicated that the HOA has the authority to file the permit. In response to Commissioner Rosene’s question, Deputy Community Development Director Campbell noted that the Reginal Water Quality Control Board (RWQCB) has been working with Ford to remediate the site prior to the start of construction, Ford has met the standards, a methodology and threshold change, Ford’s clean- DocuSign Envelope ID: 23A974E3-E32D-4068-94E1-F13D54E51B16 Planning Commission Meeting Minutes May 18, 2023 Page 3 of 6 up responsibility, the necessity of the permit to install the system and protect the residents, the testing efficiency, and volatile organic compound (VOC) level changes. He directed the questions to the RWQCB representative for greater clarity. Except for Vice Chair Rosene who disclosed a phone call with the appellant, all Commissioners reported no ex parte communications. Chair Ellmore opened the public hearing. Daniella Hamann-Nazaroff of WSP, environmental consultant for Ford Motor Company, introduced the team and used a presentation to review the remediation area map, background, and human health factors. Jessica Law, Santa Ana Regional Water Quality Control Board (RWQCB) case manager, summarized the impact on human health from exposure to trichloroethylene (TCE), exceedance levels detected in the subject area, support for active remediation, and diminishing rates. Ms. Hamann-Nazaroff continued the presentation to explain the project description and Bayridge Park SVE system, community engagement and concerns, and location analysis, alternatives, and decision. She reviewed the system safety for air quality, design, and electromagnetic fields, noted the SVE proven technology, and relayed factors for quality of life relative to noise and aesthetics, an anticipated one-year remediation period, and a summary. Lastly, she agreed to the conditions of approval. In response to Commissioner Barto’s request, Ms. Hamann-Nazaroff explained the working relationship between the applicant and the HOA and confirmed the HOA’s agreement on the remediation location. In response to Vice Chair Rosene’s inquiry, Ms. Hamann-Nazaroff noted that the ground water concentration levels are low and attenuating naturally, there are no plans for active remediation of the ground water, the water flow paths from the former Ford facility, and the reasons for the project site location. In response to Commissioner Harris’ question, Ms. Hamann-Nazaroff explained the push back from the HOA and community regarding taking away parking spots on Hartford Drive, the clean-up stages, and an intermittent pulse option at the end of the initial clean-up period. In response to Commissioner Barto’s question, Ms. Hamann-Nazaroff relayed the process for soil vapor filtering and measuring the intake, middle, and effluent vapor levels to ensure permit discharge limits and public safety are being met. She noted an expectation of clean, breathable air emitted and explained the monitoring process. In response to Commissioner Langford’s question, Emily Miller of WSP, noted the flow rate coming into the blowers, a slowdown as it goes through the system and exits the stack, and no problem with exterior noise levels. Ms. Hamann-Nazaroff thought the stack flow speed at the exit would be less than what a dryer emits. In response to Vice Chair Rosene’s inquiry, Ms. Hamann-Nazaroff reported that noise suppression has been thought through very thoroughly to minimize the impact and WSP guarantees that the system meets noise requirements and is as quiet or more than the average dishwasher. Amy Santella, the appellant, 94 Hartford Drive, objected to the location of the SVE system three feet from her family home and asked for the location to be changed for the safety of her family. Kevin Santella, the appellant, 94 Hartford Drive, reviewed site location options one, three, and four and urged the Planning Commission to deny the request and have Ford adequately review the infeasibilities. In response to Commissioner Langford’s question, Mr. and Mrs. Santella confirmed that they are currently residing at 94 Hartford Drive. In response to Chair Ellmore’s inquiry, Ms. Santella noted conversations with the HOA, having shared the appeal letters with the HOA board by email with no correspondence in return, being told by the HOA that they DocuSign Envelope ID: 23A974E3-E32D-4068-94E1-F13D54E51B16 Planning Commission Meeting Minutes May 18, 2023 Page 4 of 6 should move if they are not happy with the SVE location, and not ever being formally notified by the HOA of the project or the three-feet distance from their home. Larry Cano, 92 Hartford Drive, noted other locations for the SVE system, threat to human health, parking alternatives, and concern for his safety. Jim Mosher noted the option of the Zoning Administrator to refer the matter to the Planning Commission given the item is controversial, clarified that the focus of the appeal is for the SVE location, expressed interest in how long it would take for the vapor to be remedied by ground water dispersal, questioned the distance of the SVE to the neighboring building and alternative site locations, and thought the northwest corner option was dismissed too easily. Leslie Pratt, 96 Hartford Drive, reviewed her medical history and addressed her concerns for health, parking issues, and decreased property value. Assistant City Attorney Summerhill indicated that comment letters from Mr. Cano and Lee Healy were received and incorporated in the public comments for the record. Deputy Community Development Director Campbell clarified that the Zoning Administrator could have referred the matter to the Planning Commission, but it is unusual to do so, and he sees no flaw in the application process. Ms. Santella stated that if the item is not going to be denied, then she is requesting a continuance of the item to review the new location due to the short notice provided of the location change and proximity and impact to their home. Chair Ellmore closed the public hearing. Chair Ellmore stated that the Planning Commission will be making a decision on the land use and opine on the permit given the parameters they have as a body. In response to Commissioner Barto’s questions, Deputy Community Development Director Campbell explained the new SVE location distance to 94 Hartford Drive and the street and that it is located on a private street. Vice Chair Rosene expressed his disappointment that no HOA representative attended the meeting, inquired about the possibility of the RWQCB overruling the HOA to select a more viable spot, and thought the infeasibility claim was centered around financial issues, the SVE should be located elsewhere, and the remediation needs to begin. He was not supportive of the application and thought the appellant had a strong argument. Commissioner Klaustermeier concurred with Vice Chair Rosene and did not support the application. Commissioner Harris concurred with Vice Chair Rosene, noted the 8-foot change at the end and the impact and concern for the slope on Bison Avenue, and expressed interest in sending the matter back to the HOA or the County to dictate the location. Commissioner Langford thought that as the applicant and fee landowner, the HOA has the rights to direct the process and project location, disagreed with the HOA not attending the meeting, believed the remediation needs to get done, and noted that he is usually supportive of private property rights and wished he knew more about what the HOA has done to help the matter and that the HOA should do the hard work instead of forcing the Planning Commission to decide. Chair Ellmore thought that this matter is between the HOA and the appellant, expressed confusion for the parking issues, noted an increased property value after the clean-up, indicated that the remediation needs to get done, and relayed not being prepared to make a motion either way. DocuSign Envelope ID: 23A974E3-E32D-4068-94E1-F13D54E51B16 Planning Commission Meeting Minutes May 18, 2023 Page 5 of 6 Assistant City Attorney Summerhill notified the Commission that a tie vote would be equivalent to the lower body’s decision being approved and offered an option to continue the item until the next meeting. Motion made by Chair Ellmore and seconded by Commissioner Harris to continue the item to the June 22, 2023 Planning Commission meeting, and implored the applicant and the appellant to talk with the HOA and ask them to return to the Planning Commission with the reason(s) why alternate locations are not plausible. AYES: Ellmore, Barto, Harris, Klaustermeier, and Rosene NOES: Langford RECUSED: Lowrey ABSENT: None ITEM NO. 3 HOUSING ELEMENT IMPLEMENTATION - NOISE-RELATED AMENDMENTS (PA2022-0201) Site Locations: Various sites in the Newport Beach Airport Area bounded by Campus Drive, Jamboree Road, and Route 73, including portions of the Newport Beach Golf Course on Irvine Avenue, the YMCA on University Drive, and several sites in the Santa Ana Heights area. Summary: Amendments to Newport Beach General Plan Land Use and Noise Elements, Title 20 (Planning and Zoning) of the Newport Beach Municipal Code (NBMC), Newport Place Planned Community Development Standards (PC-11), and the Newport Airport Village Planned Community Development Plan (PC-60) to allow residential units identified by the certified 2021-2029 6th Cycle Newport Beach General Plan Housing Element to be located within the 65 dBA to 70 dBA CNEL noise contour areas specified by the 2008 John Wayne Airport Environs Land Use Plan, and as illustrated in the attached Noise Contours and Housing Opportunity Sites Map. Recommended Action: 1. None. This item has been removed from the agenda. VIII. STAFF AND COMMISSIONER ITEMS ITEM NO. 4 MOTION FOR RECONSIDERATION None ITEM NO. 5 REPORT BY THE COMMUNITY DEVELOPMENT DIRECTOR OR REQUEST FOR MATTERS WHICH A PLANNING COMMISSION MEMBER WOULD LIKE PLACED ON A FUTURE AGENDA Deputy Community Development Director Campbell announced that the City Council approved the timeshare and fractional home ownership code amendment and commercial parking rate amendment, and a second reading of both amendments will take place at the June 23 City Council meeting. He relayed that the General Plan Advisory Committee and General Plan Update Steering Committee meetings are canceled for June 7 due to a conflict with the Corona del Mar Residents Association annual meeting and are tentatively rescheduled for June 12. Furthermore, he noted that the public hearing notice for this meeting was issued before the approved start time change and reflected a 6:30 p.m. start time and future Planning Commission meetings will start at 6:00 p.m. Lastly, he announced that the Planning Commission meeting on June 8 is cancelled and the next meeting on June 22 will include an agenda item for the Aeronutronic Ford Soil Vapor Remediation Appeal (PA2022-0180). ITEM NO. 6 REQUESTS FOR EXCUSED ABSENCES DocuSign Envelope ID: 23A974E3-E32D-4068-94E1-F13D54E51B16 Planning Commission Meeting Minutes May 18, 2023 Page 6 of 6 None IX. ADJOURNMENT - With no further business, Chair Ellmore adjourned the meeting at 8:06 p.m. The agenda for the May 18, 2023, Planning Commission meeting was posted on Thursday, May 11, 2023, at 6:16 p.m. in the Chambers binder, on the digital display board located inside the vestibule of the Council Chambers at 100 Civic Center Drive, and on the City’s website on Thursday, May 11, 2023, at 6:39 p.m. _______________________________ Curtis Ellmore, Chair _______________________________ Sarah Klaustermeier, Secretary DocuSign Envelope ID: 23A974E3-E32D-4068-94E1-F13D54E51B16