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HomeMy WebLinkAbout01_03-02-2023_ZA_Minutes - DRAFT Page 1 of 4 NEWPORT BEACH ZONING ADMINISTRATOR MINUTES 100 CIVIC CENTER DRIVE, NEWPORT BEACH ZOOM THURSDAY, MARCH 2, 2023 REGULAR MEETING – 10:00 A.M. I. CALL TO ORDER – The meeting was called to order at 10:00 a.m. Staff Present (Remote): Benjamin M. Zdeba, AICP, Zoning Administrator Jenny Tran, Assistant Planner David Keely, Senior Civil Engineer II. REQUEST FOR CONTINUANCES None III. APPROVAL OF MINUTES ITEM NO. 1 MINUTES OF FEBRUARY 16, 2023 Action: Approved IV. PUBLIC HEARING ITEMS ITEM NO. 2 Spanos Residence Coastal Development Permit (PA2022-0214) Site Location: 2761 Bay Shore Drive Council District 6 Jenny Tran, Assistant Planner, provided a brief project description stating that this project is to demolish an existing single-family residence and construct a new 1,977-square-foot two-story single-family residence with a 669-square-foot garage and 617-square-foot upper exterior terrace. She noted that the project includes a pool, 2,311 square feet above landscaped area, hardscape walls, and drainage facilities. Furthermore, she indicated that the property is within the R-1 Zoning district and RSD General Plan category and complies with all development standards, does not involve a change in land use, density, or intensity that results in an increased demand for public access. In addition, she relayed that the property is approximately 155 feet from Newport Bay and separated from the water by Bay Shore Drive and a row of existing residential development. Ms. Tran noted that the project site is not located adjacent to a coastal view road, public viewpoint, public beach, or public accessway as identified in the Coastal Land Use Plan and the proposed development is consistent with the existing neighborhood and does not have the potential to visually impact the community from public views. She stated that the project is conditioned to provide a final landscape plan as part of the approval for the final building permits and staff recommends the approval of this application. Zoning Administrator Zdeba clarified that while the project location is near Coast Highway, a coastal view road, it is in a segment that does not have a coastal view. He added that the community was developed in 1941, as a private gated community prior to the Coastal Act. Zoning Administrator Zdeba opened the public hearing. Tony Weiland, applicant, stated that he reviewed the draft resolution and agrees with all the required conditions, noted the project is consistent with the neighborhood, smaller in size than the existing residence, set back 47 feet from the street, has no visual impact and improves views for neighbors, and the materials will match the existing neighboring house owned by the same owners. In response to Zoning Administrator Zdeba’s question, Mr. Weiland confirmed that although the house is owned in common with the neighboring house, there will be no improvements across the lot line and no formal merging of the lots. MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 03/02/2023 Page 2 of 4 Seeing that no one from the public wished to comment, Zoning Administrator Zdeba closed the public hearing. Zoning Administrator Zdeba noted the project is compatible with the allowable development envelope in the Bay Shores community, meets all the findings, is consistent with the Class 3 exemption, and the exemptions to the Class 3 exemption do not apply. He approved the project subject to the conditions in Exhibit “A.” Action: Approved ITEM NO. 3 Aeronutronic Ford Soil Vapor Remediation Limited Term Permit (PA2022-0180) Site Location: 94 Hartford Drive Council District 4 Jenny Tran, Assistant Planner, provided a project description stating that the request is to allow a Soil Vapor Extraction (SVE) and treatment system for a 12-month term within the Bayridge Park Homeowners Association. The project would consist of approximately 2,400 linear feet of underground piping, 13 extraction wells, and a 12-foot by 10-foot treatment system building. The Limited Term Permit allows for a deviation from select development standards. She noted that the proposed location is adjacent to 94 Hartford Drive and Country Club Drive, the project proposes a three-foot separation between the building and an encroachment into the five-foot setback. The treatment system will use a blower to extract vapor from the soil through wells, and pipes will deliver the extracted vapors to the treatment system where granular activated carbon will remove the volatile organic compounds (VOCs) and discharge clean vapor. She noted that the applicant is conditioned to obtain a permit from the South Coast Quality Air Management District (SCAQMD) for the release of treated vapors. She reviewed the remediation efforts of the former Ford aeronutronic facility once located at the project site, including an overview of residential use rezoning, additional VOC remediation mandates by the Santa Ana Regional Quality Control Board, the Acoustical Engineering Analysis, measures to reduce exterior noise, Newport Beach Municipal Code maximum allowable exterior noise levels, and measures to satisfy compliance with noise standards. Furthermore, Ms. Tran relayed an Alternative Location Analysis and six factors used to select the project site, public meetings by the applicant on November 4, 2021, and January 18, 2023, extensive public outreach by the Santa Ana Regional Water Quality Control Board, Ford, and WSP to those impacted from the remediation, project conditions that soften community impact, and Demolition Permit requirements upon completion of the soil remediation project. Before opening the public hearing, Zoning Administrator Zdeba clarified that public comments are not to be used for questions and answers. He encouraged speakers to provide a list of all comments, concerns, and questions. He asked speakers to limit comments to four minutes and emphasized his interest in hearing thoughts and concerns on this matter. Daniela Hamann-Nazaroff, WSP Project Manager, whose company is responsible for the environmental investigation and clean up associated with Ford former aeronutronics facility, introduced the team, used a presentation to review the project background, human health impacts, project description, community engagement and concerns, and system safety. Jessica Law, the Case Manager from the Santa Ana Regional Water Quality Control Board, used the presentation to review the vapor intrusion health risks, investigation, short-term solutions, and SVE system, and displayed a map outlining the investigation and remediation areas. Ms. Hamann-Nazaroff continued the presentation to relay the details of the Bayridge Park SVE System, project community outreach, community concerns, alternative location analysis map, location summary, parking impacts, location decision, system safety for air quality, safety in design, safety for electromagnetic fields, and SVE is a proven technology, and, lastly, the quality of life relative to noise and aesthetics and timeframe for remediation. In response to Zoning Administrator Zdeba’s question, Ms. Hamann-Nazaroff confirmed four alternative locations were explored and three more locations at the City’s request, that parking is a high priority for the HOA and the community based on feedback, and that the construction timeline would extend an additional six months to a year for the project if the parking area in the northwestern part of Bayridge Park is used to accommodate additional piping and trenching. MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 03/02/2023 Page 3 of 4 At the request of Zoning Administrator Zdeba, Senior Civil Engineer Keely provided traffic safety information that deemed site five on Bison Avenue infeasible and confirmed that the Public Works Director is aware of the potential location and not supportive of site five for the reasons he outlined. In response to Zoning Administrator Zdeba’s questions, Ms. Hamann-Nazaroff confirmed that site six lacked space on the southern portion of Country Club Drive and the northern portion has a grade difference and slope challenges. She thought the $1 million cost evaluation for the Class 30 exemption of the California Environmental Quality Act (CEQA) is appropriate and stated with confidence that the project meets the exemption. Furthermore, she indicated that the project information phone line is a good contact method for the community and her willingness to share her cell phone number for questions or concerns. Emily Miller, WSP, clarified that the building plans will be updated to match the actual vent location. Ms. Law noted that facilities are typically located closest to the extraction well and have had no complaints. Zoning Administrator Zdeba invited the public to speak. Amy Santella noted a list of six main categories of concern that she submitted in writing. She identified there is a window on her unit that is missing from the plan and requested a continuance to have the distance of the missed window measured to meet the requirement prior to granting a permit. She objected to the project location and asked for it to be changed for the safety of her child. She requested that an external consultant review the infeasibilities, noted no real-time monitoring to show the total VOC concentration emitted from the building three feet from her home, suggested a longer project time frame and confirming assumptions with analytical data, requested data regarding safety and child and infant development, and asked the City to protect the well-being of her family and ensure the distance requirements. Leslie Pratt concurred with Ms. Santella, shared her medical background and concerns, and asked to be treated fairly. Lee Healy expressed concern for quality of life, noted the source of parking issues, inquired about an alternate location, and requested information about the closest open active SVE system. Seeing no other members of the public wishing to speak, Zoning Administrator Zdeba encouraged the applicant to address any concerns or questions raised. In response to public comment, Ms. Hamann-Nazaroff relayed that the northeast location was part of the analysis and deemed infeasible with HOA and public input and nearest SVE system is in the Newport North Shopping Center. Ms. Law noted that the SVE system at the Newport North Shopping Center is managed by the local oversight program, uses a chain link fence, and may not have noise dampening. In response to Zoning Administrator Zdeba’s inquires, Ms. Hamann-Nazaroff and Ms. Miller concurred that the California Building Code for a SVE discharge is a minimum of three feet and the distance of the proposed building exceeds this and offers protection in any direction and agreed to provide an update. Ms. Law confirmed that agencies conduct substantial and significant SVE monitoring, reiterated the importance of getting this facility online, elaborated on the remediation timeline and health safety factors, and indicated that the soil gas plume would be contained. Ms. Hamann-Nazaroff noted that the understanding of who is impacted could change if the remaining 40 percent of the homes were sampled. Ms. Hamann-Nazaroff of WSP stated that she had reviewed the draft resolution and agrees with all the required conditions. Furthermore, she agreed to a possible additional condition by the Zoning Administrator that would require the exhaust vent location be fully compliant with all codes and regulations, including distances from windows or other openings. Zoning Administrator Zdeba closed the public hearing. Zoning Administrator Zdeba related to and expressed empathy for those who spoke. He stated that this is a difficult situation and reiterated the importance of finding an expeditious solution given the health concerns and regulatory agencies’ directives. He indicated that, although the building is roughly three feet from the residential unit, it would be fully compliant with all building and safety, and fire code requirements. He noted that monitoring MINUTES OF THE MEETING OF THE NEWPORT BEACH ZONING ADMINISTRATOR 03/02/2023 Page 4 of 4 tools have become more sensitive for a better reading of data with more science behind the potential impacts to health, and that the regulatory agencies involved would be closely monitoring the facility for safety and compliance. He clarified the 12-month temporary limited term permit would become effective at the issuance of the final building permit with the option, not a guarantee, of requesting a 12-month extension. He added that the Limited Term Permit could be revoked if the operation constituted a nuisance and that an additional public hearing and approval would be necessary if the project required more time than two years. Zoning Administrator Zdeba highlighted the conditions of approval, including the additional condition regarding adequate separation of the vent from the window, walked through facts to support all the findings, and found the project to be exempt under Class 30 and Class 8 of CEQA. He approved the submitted project as the best option given the practical difficulties at alternative locations, subject to the conditions of approval in Exhibit “A.” Zoning Administrator Zdeba informed the public that the decision is appealable to the Planning Commission within 14 calendar days, as outlined in Title 20 of the Newport Beach Municipal Code. Action: Approved V. PUBLIC COMMENTS ON NON-AGENDA ITEMS None VI. ADJOURNMENT The hearing was adjourned at 11:20 a.m. The agenda for the Zoning Administrator Hearing was posted on February 23, 2023, at 4:30 p.m. 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 February 23, 2023, at 4:30 p.m. Jaime Murillo Zoning Administrator From:Zdeba, Benjamin Sent:March 08, 2023 10:35 AM Cc:Murillo, Jaime Subject:Minutes for the March 2, 2023, Zoning Administrator Hearing Hi,  For the record, I have reviewed the draft minutes for the Zoning Administrator Hearing of March 2, 2023. They are  accurate and I would recommend the Zoning Administrator’s approval of them at the hearing on March 16, 2023,  pending any additional input from the public.  Thanks,  Ben Z.  Benjamin Zdeba, AICP Principal Planner Community Development Department Office: 949-644-3253 100 Civic Center Drive Newport Beach, CA 92660 Zoning Administrator - March 16, 2023 Item No. 1a Additional Materials Received Draft Minutes of March 2, 2023 From:Jim Mosher <jimmosher@yahoo.com> Sent:March 15, 2023 1:14 PM To:CDD Subject:Comments on ZA Item 1 (3/16/2023 meeting) Regarding the draft minutes from March 2, 2023, being presented as Item 1 on the March 16, 2023, Newport Beach Zoning Administrator meeting, the following corrections are suggested -- 1. On page 1 of 4, under Item No. 2, paragraph 1, sentence 2: Based on the March 2 staff report, this looks like it was intended to read "She noted that the project includes a pool, 2,311 square feet above of landscaped area, hardscape walls, and drainage facilities." 2. On page 2 of 4, the words "aeronutronic" and "aeronutronics" appear in lower case. "aeronutronic" is not a word. It is the proper name of a former (sub)division of the Ford Motor Company. In both cases the phrase should read "the former Ford Aeronutronic facility." Yours sincerely, Jim Mosher Zoning Administrator - March 16, 2023 Item No. 1b Additional Materials Received Draft Minutes of March 2, 2023