HomeMy WebLinkAbout2025-66 - Denying an Appeal and Upholding the Decision of the Planning Commission to Adopt a Mitigated Negative Declaration and Approve a Conditional Use Permit to Construct and Operate a Landfill Gas-To-Energy Facility at 20662 Newport Coast Drive (PA202RESOLUTION NO. 2025-66
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 ADOPT A MITIGATED
NEGATIVE DECLARATION AND APPROVE A
CONDITIONAL USE PERMIT TO CONSTRUCT AND
OPERATE A LANDFILL GAS -TO -ENERGY FACILITY AT
20662 NEWPORT COAST DRIVE (PA2022-063)
WHEREAS, Section 200 of the City Charter, of the City of Newport Beach ("City"),
vests the City Council with the authority to make and enforce all laws, rules and
regulations with respect to municipal affairs subject only to the restrictions and limitations
contained in the City Charter and the State Constitution, and the power to exercise, or act
pursuant to any and all rights, powers, and privileges or procedures granted or prescribed
by any law of the State of California;
WHEREAS, an application was filed by Biofuels Coyote Canyon Biogas, LLC, on
behalf of Archaea Energy, Inc. ("Applicant"), concerning property located at 20662 Newport
Coast Drive, and legally described as a Portion of Block 128, Tract No. 361 of Irvine's
Subdivision ("Project Site"), requesting approval of a conditional use permit ("CUP");
WHEREAS, the Project Site is located within the greater boundary of the closed
Coyote Canyon Landfill ("CCL"), which is owned by the County of Orange ("Owner") and
maintained by Orange County Waste & Recycling ("OCWR");
WHEREAS, the Project Site has historically been the primary location for dealing
with landfill gas ("LFG"), including a former LFG-to-energy operation;
WHEREAS, the previous LFG-to-energy facility operated from 1988 to 2015 and
was removed as part of the Coyote Canyon Gas Recovery Demolition and Telecom Update
(PA2016-091) (State Clearinghouse Number ["SCH No."] 2016081012), as the quality of
the LFG became inadequate for conversion to energy with the technology of the time;
WHEREAS, the Project Site is currently improved with emergency generators,
above ground storage tanks, two 65-foot-tall faux eucalyptus cell towers ("Telecom
Facilities"), a power panel and switchgear, a blower pad, and flares that currently burn off
the LFG generated by CCL along with a small operational support building in the center of
the site used by OCWR staff and three parking spaces;
Resolution No. 2025-66
Page 2 of 7
WHEREAS, the Project Site is surrounded by a 12-foot-tall perimeter block wall,
with trees and coastal sage scrub that are part of the Central Subregion of the Natural
Communities Conservation Plan/Habitat Conversation Plan for the Central and Coastal
Subregions of Orange County beyond;
WHEREAS, the Applicant requests to construct and operate a new renewable
natural gas ("RNG") processing plant and a pipeline interconnection facility (collectively
referred to as the "RNG Facility") to convert LFG generated by the CCL into a pipeline -
quality natural gas equivalent with the RNG being transferred from the facility into SoCal
Gas infrastructure for use in their system through an existing onsite tie-in point ("Project");
WHEREAS, other Project components include a new control room building, new
internal access routes, utility upgrades including installation of an additional fire hydrant, a
water tank, septic tank, oil/water separator, storm drain for off -site disposal of stormwater,
and new underground power and telecommunication lines, all within the boundary of the 12-
foot-tall perimeter block wall;
WHEREAS, the Project Site is categorized as Open Space (OS) by the Land Use
Element of the General Plan and is located within the Open Space (OS) Zoning District;
WHEREAS, the Project meets the definition of a "Major Utility," as provided in
Chapter 20.70 (Definitions) of the NBMC and is allowed within the OS District, subject to
the approval of a CUP;
WHEREAS, the Project Site is not located within the coastal zone; therefore, no
coastal development permit is required;
WHEREAS, a draft Initial Study and Mitigated Negative Declaration (SCH No.
2024120012) ("IS/MND"), which is attached hereto as Exhibit "A," and incorporated herein
by reference was prepared for the Project in compliance with the California Environmental
Quality Act ("CEQA"), as set forth in Public Resources Code Section 21000 et seq., the
State CEQA Guidelines set forth in Title 14 in the California Code of Regulations Section
15000 et seq., and City Council Policy K-3;
WHEREAS, the draft IS/MND was circulated for a 45-day public review and
comment period beginning on November 27, 2024, and ending on January 13, 2025;
WHEREAS, five public comment letters were received during the public review
period consisting of two letters from public agencies (California Department of
Transportation and the South Coast Air Quality Air Management District), one letter from
the Gabrieleno Band of Mission Indians — Kizh Nation, and two letters from the law firm
Adams, Broadwell Joseph & Cardozo ("ABJ&C");
Resolution No. 2025-66
Page 3 of 7
WHEREAS, although not required by the CEQA Guidelines for an IS/MND, those
comment letters were catalogued and responded to as part of the final IS/MND in the
Response to Comments ("RTC") which is attached hereto as Exhibit "B," and incorporated
herein by reference;
WHEREAS, pursuant to California Public Resources Code Section 21080.3.1, the
City provided formal notice on December 5, 2023, to Native American tribes that are
traditionally and culturally affiliated with the geographic area of the Project Site;
WHEREAS, the City received no responses within the 30-day period; however, a
tribal contact for the Gabrieleno Band of Mission Indians — Kizh Nation, requested
consultation during the previously described public comment period of the IS/MND;
WHEREAS, mitigation measures to address potential impacts to and the
protection of Tribal Cultural Resources were included in the Mitigation Monitoring and
Reporting Program ("MMRP"), which is attached hereto as Exhibit "C," and incorporated
herein by reference, to the satisfaction of the tribe;
WHEREAS, based on the entire environmental review record, the Project, with
mitigation measures, will have a less than significant impact on the environment and there
are no known substantial adverse effects on human beings associated with the Project;
WHEREAS, additionally, the long-term environmental goals will not be
compromised by the Project nor are there cumulative impacts anticipated in connection
with the Project so that the Project, with implementation of the MMRP, will reduce the
potential environmental impacts to a less than significant level;
WHEREAS, a public hearing was held by the Planning Commission on July 17,
2025, in the Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of the
time, place, and purpose of the hearing was given in accordance with 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 hearing;
WHEREAS, the final MND, which includes the IS, public comments, RTC, and the
MMRP, was considered by the Planning Commission in its review of the Project;
WHEREAS, at the conclusion of the public hearing, the Planning Commission
adopted Resolution No. PC2025-008 by a unanimous vote (4 ayes, 0 nays, and 3 absent),
approving the Project and adopting the final MIND inclusive of the IS, RTC, and the
MMRP;
Resolution No. 2025-66
Page 4 of 7
WHEREAS, an appeal of the Planning Commission's decision was filed by
ABJ&C alleging that the Project has the potential for significant and unmitigated
environmental impacts related to air quality, public health, hazards, greenhouse gas, and
noise, and that substantial evidence did not support the Planning Commission's approval
of the Project; and
WHEREAS, a public hearing was held on October 14, 2025, in the Council
Chambers at 100 Civic Center Drive, Newport Beach, California. A notice of the time,
place, and purpose of the hearing was given in accordance with the Ralph M. Brown Act
and 20.62 (Public Hearings) of the NBMC. Evidence, both written and oral, was presented
to and considered by, the City Council at this hearing.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council does hereby uphold the Planning Commission's
approval of the CUP filed as PA2022-063, subject to the conditions of approval set forth in
Exhibit "E," supported by the facts and findings set forth in in Exhibit "F," both of which are
attached hereto and incorporated herein by reference.
Additionally, the Planning Commission acted within its discretion in approving the Project
for the following reasons as described in greater detail below:
a. Substantial evidence exists that the Project would not harm public health,
safety, or welfare, specifically related to air quality, health risk, greenhouse gas
emissions, and noise impacts;
b. The Project will be adequately served by fire protection services, especially in
the case of worst -case scenario jet fires; and
c. The Project is consistent with the General Plan policies, including those related
to reducing construction -related air quality emissions impacts.
Approval of the Project is supported by substantial evidence that the Project would not
harm public health, safety, or welfare based on the evidence provided in IS/MND and
RTC. With mitigation measures, the Project will have a less than significant impact on the
environment and there are no known substantial adverse effects on human beings
associated with the Project.
The Project would be adequately served by fire protection services. The Newport Beach
Fire Department ("NBFD") was consulted during the preparation of the IS/MND and
participated in the review of the Project's fire protection measures. NBFD did not object
to the Project and provided detailed input and technical recommendations that were
incorporated into the Project's design, MMRP, and Conditions of Approval.
Resolution No. 2025-66
Page 5 of 7
Lastly, related to construction -related air quality impacts, the Appellant identified that
Condition of Approval No. 33 of Planning Commission Resolution No. PC2025-008
allowed for idling up to 30 minutes for trucks and heavy equipment, conflicting with Policy
NR 8.1 of the General Plan. Condition of Approval No. 33 was a standard condition,
intended to implement best available control measures during construction. As described
in the RTC, nonessential idling of off -road equipment shall be limited to five minutes,
consistent with California Air Resources Board Rule 2485, and the Conditions of Approval
have been updated.
Section 2: The City Council has considered the decision of the Planning
Commission and determined that the IS/MND adequately considers and mitigates
potential impacts related to air quality, public health, hazards, greenhouse gas, and noise,
as raised by ABJ&C. Therefore, the City Council of the City of Newport Beach hereby
adopts the Mitigated Negative Declaration (SCH No. 2024120012) attached hereto as
Exhibit "A," Response to Comments attached hereto as Exhibit "B," and Mitigation
Monitoring and Reporting Program attached hereto as Exhibit C," and incorporated by
reference. The City Council finds that the issues raised related to the IS/MND are not new
and were both previously and adequately addressed in the RTC. A Technical Memorandum
is attached hereto as Exhibit "D" and incorporated herein by reference describes where in
the RTC the comments from the appeal letter dated July 30, 2025, have been addressed.
Moreover, the Project is statutorily and categorically exempt as set forth in Sections 3 and
4 of this resolution.
Section 3: The Project is statutorily exempt under Section 21094.5 of the
California Public Resources Code which exempts projects where an environmental
impact report was certified for a planning level decision in which case, the approval of the
infill project is limited to the effects on the environment that (A) are specific to the project
or to the project site and were not addressed as significant effects in the prior
environmental document, or (B) substantial new information shows the effects will be
more significant than described in the prior environmental document. The Project Site is
located within the greater boundary of the closed CCL. The Project Site has historically
been used as a renewable energy facility. Specifically, from 1988 to 2015, the Project Site
consisted of a facility that converted landfill gas generated by the landfill into electricity.
Addendum No. 84-104 to Environmental Impact Report No. 507 (SCH No. 82082004), both
of which are attached hereto and incorporated herein by reference as Exhibit "G," was
certified in 1984. Addendum No. 84-104 analyzed the environmental impacts associated
with the prior LFG project. The Project involves the same activities as the prior LFG-
conversion in that it would operate as an RNG Facility that converts LFG generated by the
CCL. Since Addendum No. 84-104 analyzed the issues on appeal, the Project is statutory
exempt from CEQA pursuant to Section 21094.5 of the California Public Resources Code.
Resolution No. 2025-66
Page 6 of 7
Section 4: Finally, the Project is categorically exempt under Section 15308 as
set forth in Title 14 of the California Code of Regulations ("CEQA Guidelines") which
exempts actions taken by regulatory agencies to assure the maintenance, restoration,
enhancement or protection of the environment where the regulatory process involves
procedures for protection of the environment. The Project is exempt under Section 15308
in that, instead of flaring exhaust into the atmosphere, the LFG generated by the CCL into
a pipeline -quality natural gas equivalent with the RNG being transferred from the facility into
SoCal Gas infrastructure for use in their system through an existing onsite tie-in point.
Section 5: The City Council further finds 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 6: The City Council finds that judicial challenges to the City's CEQA
determinations and approvals of land use projects are costly and time consuming. In
addition, project opponents often seek an award of attorneys' fees in such challenges. As
project applicants are the primary beneficiaries of such approvals, it is appropriate that
such applicants should bear the expense of defending against any such judicial
challenge, and bear the responsibility for any costs, attorneys' fees, and damages which
may be awarded to a successful challenger.
Section 7: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 8: 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. 2025-66
Page 7 of 7
Section 9: 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 14th day of October, 2025.
ATTEST:
Molly Perry
Interim City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Aaron C. Harp
City Attorney
Aviv. jk
Jo Stapleton
M or
Attachment(s): Exhibit "A" — Initial Study/Mitigated Negative Declaration (SCH No.
2024120012)
Exhibit "B" — Response to Comments
Exhibit "C" — Mitigation Monitoring and Reporting Program
Exhibit "D" — Technical Memorandum
Exhibit "E" — Conditions of Approval
Exhibit "F" — Findings and Facts in Support of Findings
Exhibit "G" —Addendum IS 84-104 to EIR 507 (SCH No. 82082004)
for Coyote Canyon Landfill Gas Recovery Permit LGR
84-1
EXHIBIT "A"
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
SCH NO. 2024120012
File available via link due to size:
https:Hecros.newportbeachca.gov/WEB/DocView.aspx?id=3088533&dbid=0&repo=CNB
EXHIBIT "B"
RESPONSE TO COMMENTS
File available via link due to size:
https://ecros.newportbeachca.gov/WEB/DocView.aspx?id=3162801 &repo=CNB&dbid=0
EXHIBIT "C"
MITIGATION MONITORING AND REPORTING PROGRAM
May 2025 1 Mitigation Monitoring and Reporting Program
State Clearinghouse No. 2024120012
Landfill Gas to Energy Plante Project
City of Newport Beach
Prepared for:
City of Newport Beach
Contact: Joselyn Perez, Senior Planner
Community Development Department
100 Civic Center Drive, Newport Beach
Newport Beach, California 92660
949.644.3312
jperez@newportbeachca.gov
Prepared by:
PlaceWorks
Contact: Dina El Chammas Gass, Senior Associate
3 MacArthur Place, Suite 1100
Santa Ana, California 92707
714.966.9220
info@placeworks.com
www.placeworks.com
® PLACEWORKS
LANDFILL GAS TO ENERGY PLANT PROJECT MITIGATION MONITORING AND REPORTING PROGRAM
CITY OF NEWPORT BEACH
Table of Contents
INTRODUCTION.............................................................................................................................. I
1.1 PURPOSE OF MITIGATION MONITORING PROGRAM..................................................................1
1.2 PROJECT SUMMARY......................................................................................................................................2
1.3 PROJECT LOCATION....................................................................................................................................4
1.4 ENVIRONMENTAL IMPACTS.....................................................................................................................4
MITIGATION MONITORING AND REPORTING REQUIREMENTS..............................................6
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LANDFILL GAS TO ENERGY PLANT PROJECT MITIGATION MONITORING AND REPORTING PROGRAM
CITY OF NEWPORT BEACH
Table of Contents
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1. Introduction
1.1 PURPOSE OF MITIGATION MONITORING PROGRAM
This Mitigation Monitoring Program (MMRP) has been developed to provide a vehicle by which to monitor
mitigation measures and conditions of approval outlined in the Landfill Gas to Energy Plant Project Initial
Study and Mitigated Negative Declaration (IS/MND), State Clearinghouse No. 2024120012. The MMRP has
been prepared in conformance with Section 21081.6 of the Public Resources Code and the City of Newport
Beach Monitoring Requirements. Section 21081.6 states:
(a) When making findings required by paragraph (1) of subdivision (a) of Section 21081 or
when adopting a mitigated negative declaration pursuant to paragraph (2) of subdivision
(c) of Section 21080, the following requirements shall apply:
(1) The public agency shall adopt a reporting or monitoring program for die changes
made to the project or conditions of project approval, adopted in order to mitigate
or avoid significant effects on the environment. The reporting or monitoring program
shall be designed to ensure compliance during project implementation. For those
changes which have been required or incorporated into the project at the request of
a responsible agency or a public agency having jurisdiction by law over natural
resources affected by the project, that agency shall, if so requested by the lead or
responsible agency, prepare and submit a proposed reporting or monitoring program.
(2) The lead agency shall specify the location and custodian of the documents or other
material which constitute the record of proceedings upon which its decision is based.
The State CEQA Guidelines Section 15097 provides clarification of mitigation monitoring and reporting
requirements and guidance to local lead agencies on implementing strategies. The reporting or monitoring
program must be designed to ensure compliance during project implementation. The City of Newport Beach
is the lead agency for the Landfill Gas to Energy Plant Project(proposed project) and is therefore responsible
for implementing the MMRP. The MMRP has been drafted to meet the requirements of Public Resources Code
Section 21081.6 as a fully enforceable monitoring program.
The MMRP consists of the mitigation program and the measures to implement and monitor the mitigation
program. The MMRP defines the following for the mitigation measures outlined in Table 2-1, Mitigation
Monitoring Requirements.
■ Definition of Mitigation. The mitigation measure contains the criteria for mitigation, either in the form
of adherence to certain adopted regulations or identification of the steps to take for mitigation.
May 2025 Page 1
LANDFILL GAS TO ENERGY PLANT PROJECT MITIGATION MONITORING AND REPORTING PROGRAM
CITY OF NEWPORT BEACH
1. Introduction
■ Responsibility for Implementation. Unless otherwise indicated, the project applicant (Archaea Energy)
is the party responsible for implementing the mitigation.
Responsibility for Oversight. Since the project site is owned by the County of Orange and operated by
OCWR, OCWR will have oversight responsibility for implementation of the project's mitigation measures.
OCWR's technical consultants will perform related monitoring tasks in their respective areas of expertise
and under the direction of the environmental monitor manager. OCWR's mitigation monitoring team,
consisting of the environmental monitor manager and technical subconsultants, is responsible for
monitoring the implementation/compliance with all adopted mitigation measures. A major portion of the
team's work is in -field monitoring and compliance report preparation. OCWR will also be responsible for
first phase dispute resolution. Once OCWR prepares compliance reports, the reports will be submitted to
the City for review and final approval.
Responsibility for Monitoring. The City of Newport Beach will have the final responsibility for
monitoring the performance and implementation of the mitigation measures. The City will be responsible
for overall program administration, final compliance report review, dispute resolution, and
document/report clearinghouse. If disputes cannot be resolved between OCWR and the project applicant,
the City will arbitrate the final resolution of disputes. To guarantee that the mitigation measure will not be
inadvertently overlooked, the City will be the official entity who grants the permit or authorization called
for in the mitigation measure. All activities are subject to the approval of all required permits from local,
state, and federal agencies with permitting authority over the specific activity.
■ Time Frame. A time frame is provided for performance of each mitigation measure and/or
documentation of implementation.
The numbering system in Table 1 corresponds with the numbering system used in the IS/MND. The last
column of the MMRP table will be used by the parties responsible for documenting when implementation of
the mitigation measure has been completed. The ongoing documentation and monitoring of mitigation
compliance will be completed by the City of Newport Beach. The completed MMRP and supplemental
documents will be kept on file at the City of Newport Community Development Department.
1.2 PROJECT SUMMARY
The Landfill Gas to Energy Plant project (proposed project) involves the installation and operation of a new
renewable natural gas (RNG) processing plant and a pipeline interconnection facility (collectively referred to as
the RNG facility). The proposed RNG facility would be constructed under a lease agreement with OC Waste
& Recycling (OCWR), within the boundary of the closed Coyote Canyon Landfill (CCL), which is owned by
the County of Orange and operated by OCWR. The project site is 4.14 acres and surrounded by a 12-foot
perimeter wall. The proposed RNG facility would have a total footprint of 38,500 square feet (0.88 acres) and
would convert existing landfill gas into a pipeline -quality natural gas equivalent. The pipeline interconnection
facility would be approximately 6,000 square feet, and the RNG processing plant would be approximately
32,500 square feet. The interconnection facility would include a point of receipt (POR) skid to monitor the
quality of the RNG and an 8-inch pipeline extension dedicated to transfer of the RNG from the POR to the
Page 2 PlaceVorks
LANDFILL GAS TO ENERGY PLANT PROJECT MITIGATION MONITORING AND REPORTING PROGRAM
CITY OF NEWPORT BEACH
1. Introduction
existing fossil natural gas pipeline tie-in point, owned by SoCalGas, in the western part of the site. Other project
components include new internal access routes and utility and infrastructure improvements. These
improvements would include installation of a fire hydrant, an on -site water tank, a septic tank system for the
proposed control room, a storm drain for off -site disposal of stormwater, and new underground power and
telecommunication lines. Project implementation requires a conditional use permit (CUP) from the City of
Newport Beach (City).
May 2025 Page 3
LANDFILL GAS TO ENERGY PLANT PROJECT MITIGATION MONITORING AND REPORTING PROGRAM
CITY OF NEWPORT BEACH
1. Introduction
1.3 PROJECT LOCATION
The project site is in the northeastern portion of Newport Beach in Orange County, California. The 4.14-acre
project site is at the top of a hill at 20662 Newport Coast Drive within the boundary of the closed CCL. The
project site is on a previously established level building pad, enclosed by a 12-foot perimeter wall with
surrounding trees on all sides. The pad was previously developed with a landfill gas -to -energy plant which has
since been demolished. The area immediately outside the perimeter wall that could be affected by the
implementation of the proposed project includes understory species and viewshed trees. The trees are a mix
of native and non-native species consisting of eucalyptus, Peruvian peppers, myporiums, white alders, western
sycamores, and coast live oak. The project site can be accessed from State Route (SR-) 73, approximately 0.2
mile to the east via Newport Coast Drive, and from SR-1, approximately 2.7 miles to the south via Newport
Coast Drive.
1.4 ENVIRONMENTAL IMPACTS
The level of significance is identified for each impact in the MND. Although the criteria for determining
significance are different for each topic area, the environmental analysis applies a uniform classification of the
impacts based on definitions consistent with CEQA and the CEQA Guidelines:
■ No impact. The project would not change the environment.
■ Less than significant. The project would not cause any substantial, adverse change in the environment.
■ Less than significant with mitigation incorporated. The Initial Study includes mitigation measures that
avoid substantial adverse impacts on the environment.
■ Significant and unavoidable. The project would cause a substantial adverse effect on the environment,
and no feasible mitigation measures are available to reduce the impact to a less than significant level.
1.4.1 Impacts Considered Less Than Significant
■ Aesthetics
■ Agriculture and Forestry Resources
■ Air Quality
■ Energy
■ Greenhouse Gas Emissions
■ Land Use and Planning
■ Mineral Resources
■ Noise
■ Population and Housing
■ Recreation
■ Utilities and Serves Systems
Page 4 PlaceWorks
LANDFILL GAS TO ENERGY PLANT PROJECT MITIGATION MONITORING AND REPORTING PROGRAM
CITY OF NEWPORT BEACH
1. Introduction
1.4.2 Potentially Significant Adverse Impacts That Can Be Mitigated, Avoided,
or Substantially Lessened
■ Biological Resources
■ Cultural Resources
■ Geology and Soils
■ Hazards and Hazardous Waste
■ Hydrology and Water Quality
■ Public Services
■ Transportation
■ Tribal Cultural Resources
■ Wildfire
May 2025 Pane 5
2. Mitigation Monitoring and Reporting
Requirements
Project -specific mitigation measures have been categorized in matrix format, as shown in Table 2-1. The matrix
identifies the environmental factor, specific mitigation measures, schedule, and responsible monitor. The
mitigation matrix will serve as the basis for scheduling the implementation of, and compliance with, all
mitigation measures.
May 2025 Page 6
PROJECT TITLE MITIGATION MONITORING PROGRAM
CLIENT
3. Mitigation Monitoring Requirements
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May 2025 Page 7
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EXHIBIT "D"
TECHNICAL MEMORANDUM
TECHNICAL MEMORANDUM
DATE September 26, 2025
TO Joselyn Perez, Senior Planner
ADDRESS Community Development Department
100 Civic Center Drive
Newport Beach, CA 92660
CONTACT 949.644.3312
jperez@newportbeachca.gov
FROM Dina El Chammas Gass, Senior Associate
SUBJECT Response to Adams, Broadwell, Joseph & Cardozo 7/30/25 Appeal Letter Regarding the
Coyote Canyon Landfill Gas to Energy Plant Project
PROJECT NUMBER CNB-25.0
This memorandum has been prepared to address the letter dated July 30, 2025, from Adams, Broadwell,
Joseph and Cardozo (ABJ&C) appealing the Newport Beach Planning Commission's July 17, 2025, decision
to approve the Coyote Canyon Landfill Gas to Energy Project (PA2022-063) and adopt the project's Initial
Study/Mitigated Negative Declaration (SCH No. 2024120012).
The draft IS/MND was circulated for a 45-day public review and comment period beginning on November
27, 2024, and ending on January 13, 2025. ABJ&C submitted two letters dated December 23, 2024, and
January 13, 2025. Responses to the comments raised in those letters were included in the Response to
Comment (RTC) document dated May 2025. In response to a public hearing notice for the May 22, 2025,
Planning Commission meeting, ABJ&C then submitted an additional comment letter dated May 21, 2025.
This letter was submitted outside the public review period for the IS/MND, and therefore the responses
were not included in the formal RTC, however a response to this letter was included as Attachment 6 to the
Planning Commission staff report dated July 17, 2025. The majority of issues raised in the May 21, 2025,
letter were already raised in the previous letters, for which responses were provided in the RTC.
Similarly, the majority of issues raised in the July 30, 2025, appeal letter were already raised in the previous
ABJ&C letters detailed above and responses have already been provided.
The following responses refer to the original responses provided in the RTC, which is available on the City's
website athttps:Hecros.newportbeachca.goy/WEB/DocView.aspx?id=3162801&repo=CNB&dbid=0; and in
Attachment 6 of the July 17, 2025, staff report, available at
https:Hecros.newportbeachca.gov/WEB/DocView.aspx?id=3175862&dbid=0&repo=CNB.
3 MacArthur Place, Suite 1100 1 Santa Ana, California 92707 1 714.966.9220 1 PlaceWorks.com
COO
Air Quality Impacts from Fugitive Emissions and Leaks
ABJ&C once again notes that the proposed project would result in significant impacts from fugitive
greenhouse gas emissions. This comment was addressed in the response to comment 02-11 in the RTC,
and no additional issues were raised or substantiated. The RTC response describes the purpose of the
project's Emergency Action Plan and South Coast Air Quality Management District's Rule 466 (Pumps and
Compressors) which mitigate potential impacts from leaks through personal training; an inspection and
monitoring program, including daily inspection rounds; and ongoing preventative maintenance. The site
will also be equipped with leak detection sensors located throughout the site, alarms, and an automatic
shutdown system.
Public Health and Hazards Impacts
ABJ&C again states that the risk of upset from fire, vapor clouds, and other accidents or operational upsets
in systems such as the thermal oxidizer and flaring systems could result in significant impacts to public
health. This comment was addressed in the response to comment 02-13 in the RTC.
ABJ&C noted that a Preliminary Site Consequence Assessment was referenced in the IS/MND and that this
document was not provided to the public until the Planning Commission's July 2025 Staff Report. This is not
in violation of CEQA because the public did have access to the document before the Planning Commission
public hearing, where they had the opportunity to voice comments on the document. The public can
comment on the IS/MND during the public review period and at public hearings. The Preliminary Site
Consequence Analysis was uploaded to the City's website and available for public review at:
httos://ecros.newoortbeachca.Rov/WEB/DocView.asox?id=3185637&dbid=0&repo=CN B.
ABJ&C notes that the IS/MND underreported impacts on sensitive receptors by omitting them from its
analysis. The Preliminary Site Consequence Assessment addresses impacts to the Sage Hill High School, car
passengers on Newport Coast Drive, and car passengers on State Route (SR) 73. Car passengers on SR-73
are closer to the project site than the closest residential receptors. Since there would be no impacts to car
passengers on SR-73, there would be no impacts to residential receptors.
ABJ&C also notes that the Preliminary Site Consequence Assessment found significant impacts on the
occupied county landfill building and surrounding vegetation. The Preliminary Site Consequence
Assessment includes blast overpressure design requirements that mitigate impacts to the county building
to less than significant. These measures will be implemented as part of the proposed project. Additionally,
as shown in the response to comment 02-13 in the RTC, the fire risk to nearby vegetation is less than
significant. The IS/MND includes mitigation measure HAZ-1 to reduce impacts from fires to less than
significant. Mitigation HAZ-1 requires that a Conceptual Fuel Modification Plan (CFMP) be submitted to the
Newport Beach Fire Department (NBFD) for review and approval in concurrence with project plan approval
and prior to any site disturbances. The CFMP for the project was prepared and included as Attachment 4 of
the July 17, 2025, Staff Report. The NBFD has reviewed and approved the CFMP and since the proposed
project does not include any new landscaping, a Precise Fuel Modification Plan is not required. Additionally,
the non-combustible wall, which will function as both a radiant and convective heat barrier, provides an
additional mitigating factor alongside the vegetation management measures.
Greenhouse Gas Emission from Shutdowns
ABJ&C notes that emissions associated with the annual shutdown and 10 potential shutdown days per year
may result in significant GHG emissions. This comment was addressed in the response to comment 02-13
in the RTC. In the event of unplanned shutdowns, the system is designed so that all valves close, and landfill
September 26, 2025 1 Page 2
PLACEWORKS
gas (LFG) would be rerouted to the existing LFG enclosed flares, which are separately owned and operated
by OC Waste and Recycling. This scenario is the equivalent of reverting to baseline conditions.
Health Risk Impacts from Construction Emissions Are Underreported
ABJ&C once again asserts that the health risk analysis relied on a 9-month completion timeline instead of
12 months, thus truncating the analysis of emissions exposure by 3 months. This comment was addressed
in the responses to comments 02-11 and 02-20 in the RTC.
Construction Noise Impacts
ABJ&C once again notes that the proposed project would result in excessive noise levels to nearby sensitive
receptors. This comment was addressed in the response to comment 02-24 in the RTC, and no additional
issues were raised or substantiated in the most recent letter.
Municipal Code Violations
ABJ&C states that the Planning Commission lacked substantial evidence to support the findings required for
approval of the Conditional Use Permit for the proposed project. ABJ&C notes that they provided
substantial evidence supporting a fair argument that the project results in significant air quality, health risk,
greenhouse gas emissions, and noise impacts. These comments have been addressed above.
ABJ&C also notes that the project may not be adequately served by fire protection services and that NBFD
may not be able to extinguish worst -case scenario jet fires because the fire protection measures that will
be implemented as part of the project are not enforceable mitigation. Fire protection features that are
federal, state, and local regulatory requirements or are part of the project design do not need to be
included in the CEQA document as mitigation measures. However, the preparation of the Fuel Modification
Plan was included as Mitigation Measure HAZ-1 in the IS/MND.
NBFD was consulted during the CEQA process and visited the site to mark the trees that need to be
removed to ensure fire safety. The recommendation for the removal of trees is based on spacing, health,
and species per direction from the Fire Marshal. A tree information matrix is in Appendix C of the IS/MND
that shows which trees will remain and which will be removed. The CFMP prepared for the project was
based on the Fire Marshal's tree removal directions and follows NBFD's Guideline G.02. The IS/MND and
the CFMP were both reviewed by NBFD, and the final Fuel Modification Plan will be approved by the NBFD
as part of the plan check process. Additionally, the preliminary Emergency Action Plan (EAP), which outlines
fire hazards, techniques to control or extinguish fires, and emergency evacuation and response procedures,
was included as Appendix H of the IS/MND. The final EAP would be reviewed and approved by NBFD as
provided pursuant to Condition of Approval No. 32. NBFD is also involved in the development review
process to ensure that necessary fire prevention and emergency response features are incorporated with
the design of the project. Also, all site improvements and building construction would be reviewed and
approved by NBFD before the City issues building permits and the certificate of occupancy.
The Appellant identified that Condition of Approval No. 33 of the Planning Commission resolution No.
PC2025-008 allowed trucks and heavy equipment idling up to 30 minutes, conflicting with Policy NR 8.1 of
the General Plan. Condition of Approval no. 33 was a standard condition, intended to implement best
available control measures during construction. As described in response to comment 02-16,
nonessential idling of off -road equipment shall be limited to five minutes, consistent with California Air
Resources Board Rule 2485, and the Conditions of Approval have been updated.
September 26, 2025 1 Page 3
EXHIBIT "E"
CONDITIONS OF APPROVAL
(Project -specific conditions are in italics)
Planning Division
The development shall be in substantial conformance with the approved site plan
and 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 cause the
revocation of this Conditional Use Permit.
4. No equipment shall exceed 35 feet in height above the finish grade, with the
exception of the thermal oxidizer and the flare tower, which shall be limited to 60
feet and 40 feet above finish grade respectively.
5. RNG Facility equipment shall be coated with camouflaging paint as an enhanced
aesthetic treatment.
6. Prior to final building permit inspection, the Applicant shall schedule an
inspection with the Planning Division to verify the aesthetic treatment applied to
the RNG Facility is acceptable.
7. Two parking spaces shall be provided for control room employees.
8. Secure and functional short-term bike parking shall be provided for control room
employees.
9. Prior to building permit final inspection, the Applicant shall schedule an evening
inspection with the Code Enforcement Division to confirm the facility is not
excessively lit, except as deemed necessary for security lighting.
10. If in the opinion of the Director of Community Development, site illumination
creates an unacceptable negative impact on surrounding land uses or
environmental resources, the Director may order the dimming of light sources or
other remediation upon finding that the site is excessively illuminated.
11. Project signage shall be in conformance with Chapter 20.42 (Signs) of the
NBMC.
12. PA2022-063 shall expire unless exercised within 24 months from the date of
approval as specified in Section 20.54.060 (Time Limits and Extensions) of the
NBMC, unless an extension is otherwise granted.
13. This Conditional Use Permit may be modified or revoked by the City Council
should they determine 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.
14. Any change in operational characteristics, expansion in the area, or other
modification to the approved plans, shall require subsequent Planning Division
review and may require the processing of an amendment to this Use Permit or
the processing of a new CUP.
15. Prior to the issuance of a building permit, a copy of the Resolution, including
Conditions of Approval Exhibit "F" shall be incorporated into the Building Division
and field sets of plans.
16. Prior to the issuance of a building permit, the Applicant shall submit to the
Planning Division an additional copy of the approved architectural plans for
inclusion in the CUP file. The plans shall be identical to those approved by all
City departments for building permit issuance. The approved copy shall include
architectural sheets only and shall be reduced in size to 11 inches by 17 inches.
The plans shall accurately depict the elements approved by this CUP and shall
highlight the approved elements such that they are readily discernible from other
elements of the plans.
17. All landscape materials and irrigation systems shall be maintained by the
approved fuel modification plan. All landscaped areas shall be maintained in a
healthy and growing condition and shall receive regular pruning, fertilizing,
mowing, and trimming. All landscaped areas shall be kept free of weeds and
debris. All irrigation systems shall be kept operable, including adjustments,
replacements, repairs, and cleaning as part of regular maintenance.
18. Prior to the issuance of a building permit, the Applicant shall prepare a
photometric study in conjunction with a final lighting plan for approval by the
Planning Division. The survey shall show that lighting values are "1" or less at all
property lines.
19. 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.
20. All noise generated by the proposed use shall comply with the provisions of
Chapter 10.26 (Community Noise Control), under Sections 10.26.025 (Exterior
Noise Standards) and 10.26.030 (Interior Noise Standards), and other applicable
noise control requirements of the NBMC.
21. Construction activities shall comply with Section 10.28.040 (Construction Activity
— Noise Regulations) of the NBMC, which restricts hours of noise -generating
construction activities 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.
22. 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.
23. All trash shall be stored within the building or within dumpsters stored in a trash
enclosure (three walls and a self -latching gate) or otherwise screened from the
view of neighboring properties, except when placed for pick-up by refuse
collection agencies. A trash enclosure shall have a decorative solid roof for
aesthetic and screening purposes.
24. Deliveries and refuse collection for the facility shall be prohibited between the
hours of 10:00 p.m. and 7:00 a.m. on weekdays and Saturdays and between the
hours of 10:00 p.m. and 9:00 a.m. on Sundays and Federal holidays unless
otherwise approved by the Director of Community Development and may require
an amendment to this CUP.
25. A Special Events Permit is required for any event or promotional activity outside
the normal operating characteristics of the approved use, as conditioned, or that
would attract large crowds, involve the sale of alcoholic beverages, include any
form of on -site media broadcast, or any other activities as specified in the NBMC
to require such permits.
26. 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
Coyote Canyon Landfill Gas to Energy Facility including, but not limited to, the
Conditional Use Permit filed as PA2022-063. 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 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
27. The Applicant is required to obtain all applicable permits from the City's Fire
Department.
28. Prior to the issuance of a building permit, a Fire Master Plan showing fire
department vehicle access, turn -around, fire hydrants, and other Fire Department
appliances as applicable shall be submitted for review and approval.
29. The Project is located within a Very High Fire Hazard Severity Zone (VHFHSZ).
The Project is required to comply with the following for development in a wildland
fire prone area:
a. All new structures shall comply with Chapter 7A of the California
Building Code for construction in a designated wildland area.
b. A defensible space landscape plan/fuel modification plan is required to
protect the facility from wildfires in accordance with City Guideline G.02
(Fuel Modification Plans and Maintenance Standards for
Developments). The plan must include the area immediately outside
the 12-foot perimeter wall.
30. A Hazardous Materials Inventory document is required. Both a paper and
electronic version will be required for review by NBFD.
31. The flare tower shall be designed so that flames are not visible above the
structure nor visible from the public right of way including Newport Coast Drive
and State Route 73.
32. Prior to the issuance of a building permit: A final Emergency Action Plan (EAP)
shall be reviewed and approved by NBFD.
Building Division
33. The Applicant is required to obtain all applicable permits from the City's Building
Division. The construction plans must comply with the most recent, City -adopted
version of the California Building Code. The construction plans must meet all
applicable State Disabilities Access requirements.
34. The Applicant shall employ the following best available control measures
("BACMs") during construction:
Dust Control
• Water all active construction areas at least twice daily.
• Cover all haul trucks or maintain at least two feet of freeboard.
• Pave or apply water four times daily to all unpaved parking or staging areas.
• Sweep or wash any site access points within two hours of any visible dirt
deposits on any public roadway.
• Cover or water twice daily any on -stockpiles of debris, dirt, or other dusty
material.
• Suspend all operations on any unpaved surface if winds exceed 25 mph.
Emissions
• Require 90-day low-NOx tune-ups for off -road equipment.
• Limit allowable idling consistent with California Air Resources Board
regulations
• Encourage carpooling for construction workers.
• Limit lane closures to off-peak travel periods.
• Park construction vehicles off traveled roadways.
• Wet down or cover dirt hauled off -site.
• Sweep access points daily.
• Encourage receipt of materials during non -peak traffic hours.
• Sandbag construction sites for erosion control.
Fill Placement
The number and type of equipment for dirt pushing will be limited on any day
to ensure that SCAQMD significance thresholds are not exceeded.
Maintain and utilize a continuous water application system during earth
placement and compaction to achieve a 10% soil moisture content in the
top six-inch surface layer, subject to review/discretion of the geotechnical
engineer.
35. Prior to the issuance of a building permit, a Storm Water Pollution Prevention
Plan ("SWPPP") and Notice of Intent (NOI) to comply with the General Permit for
Construction Activities shall be prepared, submitted to the State Water Quality
Control Board for approval and made part of the construction program. The
project applicant will provide the City with a copy of the NO[ and their application
check as proof of filing with the State Water Quality Control Board. This plan will
detail measures and practices that will be in effect during construction to
minimize the project's impact on water quality.
36. Prior to the issuance of a building permit, the applicant shall prepare and submit
a final Water Quality Management Plan ("WQMP") for the proposed project,
subject to the approval of the Building Division and Code and Water Quality
Enforcement Division. The WQMP shall provide appropriate Best Management
Practices ("BMPs") to ensure that no violations of water quality standards or
waste discharge requirements occur.
37. 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.
EXHIBIT "F"
FINDINGS AND FACTS IN SUPPORT OF FINDINGS
Conditional Use Permit
In accordance with Section 20.52.020(F) (Conditional Use Permits and Minor Use
Permits) of the NBMC, the following findings and facts in support of such findings are set
forth:
Finding:
A. The use is consistent with the General Plan and any applicable specific plan;
Facts in Support of Finding:
2. The Project Site is categorized as Open Space (OS) by the Land Use Element of
the General Plan. The Open Space (OS) land use designation is intended to
provide areas appropriate for a range of public and private uses to protect,
maintain, and enhance the community's natural resources. This designation may
also include incidental buildings, such as maintenance equipment and supply
storage, which are not traditionally included in determining intensity limits.
3. The Project is consistent with the Open Space (OS) categorization, as it introduces
new equipment and limited incidental structures within an already improved area
of the CCL. The Project comprises less than one acre of the 375-acre CCL footprint
and preserves the community's natural resources because it does not expand the
footprint of the building pad and perimeter block wall at the top of the ridge.
Additionally, the RNG Facility provides a net benefit to the existing Open Space (OS)
by converting LFG generated by CCL into a pipeline -quality natural gas equivalent.
4. Additionally, the Project is consistent with the following policies of the General
Plan:
a. LU 1.3 (Natural Resources) and NR 17.1 (Open Space Protection):
Requires the preservation of open space and habitat resources. The Project
comprises less than one acre of the 375-acre CCL site and preserves the
community's natural resources because it does not develop current open space
and instead sites the new improvements adjacent to existing improvements
within the existing walled -off area. All Project components are proposed within
the perimeter wall. Additionally, the RNG Facility provides a net benefit to the
existing Open Space (OS) by converting LFG generated by CCL into a pipeline -
quality natural gas equivalent.
b. LU 1.6 (Public Views): Requires protection, and where feasible, enhancement
of significant scenic and visual resources that include open space, mountains,
canyons, ridges, ocean, and harbor from public vantage points and NR 21.1
(Signs and Utility Siting and Design) which requires signs, utilities, and
antennas be designed and sited to minimize visual impacts: The City's policies
related to public reviews include Land Use Policy LU 1.3 which aims to
preserve open space resources, beaches, harbors, parks, bluffs, preserves,
and estuaries as visual, recreational, and habitat resources; Land Use Policy
LU 1.6 which requires public views, including scenic and visual resources such
as open space, mountains, canyons, ridges, the ocean, and the harbor, be
preserved and where possible, enhanced from public vantage points; and
Natural Resources Policy NR 23.1. The IS/MND analyzed views from three
different viewpoints including looking southeast from Newport Coast Drive (just
south of Sage Hill High School), northeast from Newport Coast Drive (just
northeast of San Joaquin Hills Road), and north from the residences at Renata
Street. Of note, Newport Coast Drive, the primary location for two of the three
viewshed locations, is not a scenic highway and has motorists driving at higher
rates of speed along this area. The viewshed simulations demonstrate that the
Project design blends within the existing topography such that the Project
complies with these policies. Additionally, Condition of Approval No. 5 requires
the Applicant to provide enhanced aesthetic treatment of the equipment to
ensure the RNG Facility blends in with its surroundings.
c. General Plan Policy LU 3.3 (Opportunities for Change - Coyote Canyon
Landfill): Intends for the CCL to support a comprehensive vision that balances
future land uses with environmental stewardship and public access. Future
development should adapt the closed landfill as an area that supports a variety
of outdoor recreational uses such as golf, hiking, and nature interpretation
alongside housing opportunities with complementary nonresidential uses. The
Project is proposed within an area of CCL where there are existing utilities,
such as telecom facilities, and existing infrastructure for LFG collection and
flaring. The Project is not located in an area of the CCL that is conducive for
redevelopment into any of the aforementioned uses without the removal of the
existing infrastructure. The Project does not prohibit the implementation of
Policy LU 3.3 within other areas of CCL and instead sites new improvements
in a complementary fashion with existing improvements.
d. NR 3.9 (Water Quality Management Plan) and NR 4.4 (Erosion
Minimization): Requires new development applications to include a Water
Quality Management Plan ("WQMP') to demonstrate how runoff and erosion
shall be minimized both during construction and post -construction. A WQMP
was prepared for the Project by BKF Engineers, dated December 14, 2023.
The Project implements Best Management Practices and is designed to
prevent surface water from flowing over slope faces.
e. NR 10.2 (Orange County Natural Communities Conservation Plan):
Requires compliance with the policies of the NCCP/HCP. The Project is within
an area of the NCCP/HCP that is acknowledged as an existing use and does
not expand the use beyond the existing perimeter wall. Temporary staging
areas that will be used during construction of the Project for material deliveries
and parking have been sited to avoid impacts to avoid coastal sage scrub,
chaparral, and other native plant communities. The primary laydown area is
proposed on the Project Site and the secondary laydown area is proposed
within an already disturbed portion of the main landfill area, across Newport
Coast Drive. Vehicle parking for construction employees will be provided in the
secondary laydown area, and a shuttle would transport crews daily to and from
the Project Site. A number of mitigation measures are incorporated in the
MMRP, set forth in Exhibit B, to ensure the Project complies with the policies
of the NCCP/HCP.
5. The Project is not located within a specific plan area.
Finding:
B. The use is allowed within the applicable zoning district and complies with all other
applicable provisions of this Zoning Code and the Municipal Code;
Facts in Support of Finding:
1. The Project Site is within the Open Space (OS) Zoning District. The OS District is
intended to both provide areas to maintain and protect the community's natural
open space resources; and maintain and protect landscaped open space areas
located within residential and non-residential developments, where no further
development is allowed.
2. Pursuant to Table 2-14 (Allowed Uses and Permit Requirements) of Section
20.26.020 (Special Purpose Zoning Districts Land Uses and Permit Requirements)
of the NBMC, "Major Utilities" are allowed within the OS District, subject to the
approval of a CUP. The Project meets the definition of a "Major Utility," as provided
in Chapter 20.70 (Definitions) of the NBMC and is therefore allowed upon approval
of this CUP.
3. Section 20.26.030 (Special Purpose Zoning Districts General Development
Standards) of the NBMC specifies that development standards in the Open Space
(OS) District shall be established during review of the required permit. The RNG
Facility would have a total footprint of approximately 38,500 square feet and would
be composed of pipe racks, various vessels and tanks, new flare tower, thermal
oxidizer, and other miscellaneous processing equipment. Equipment ranges in
height from approximately 5-feet, 6-inches above the existing grade to a maximum
height of 60 feet above the existing grade. Apart from the vessels, tanks, flare, and
pipe rack, which range in height from 30 feet to 40 feet above finish grade, most
of the equipment will be screened by the existing perimeter wall. The tallest piece
of RNG Facility equipment, the thermal oxidizer, is proposed at a height of 60 feet
above finish grade. All equipment will be below the 65-foot height of the Telecom
Facilities. Condition of Approval No. 4 has been included to set height limits for
specific equipment that exceeds 35 feet in height.
4. Given the Project is entirely within the perimeter of the wall and most equipment is
setback approximately 12 feet from the wall to allow sufficient site circulation, no
additional setbacks are proposed. Requiring additional setbacks from the property
line would further constrain the layout of the RNG Facility and would likely result in
taller equipment. As such, it is most appropriate to allow development to span the
entire Project Site behind the perimeter wall.
5. The approximately 500-square-foot control room building is the only enclosed floor
area proposed with the Project. Given it is clearly incidental to the RNG Facility,
no maximum floor -area -to -land ratio is proposed.
6. The control room building will be staffed by one to two employees, per shift. Two
parking spaces are proposed to accommodate the anticipated parking demand.
There are access roads within the Project Site which provide sufficient vehicle
staging areas in the event additional workers are ever required during a
maintenance event or plant shut down.
Finding:
C. The design, location, size, and operating characteristics of the use are compatible with
the allowed uses in the vicinity,
Facts in Support of Finding:
The Project Site is located within the greater boundary of the closed CCL. The Project
Site itself has historically been the primary location for dealing with LFG, including a
former LFG-to-energy operation which operated from 1988 to 2015. While the quality
of the LFG became inadequate for conversion to energy with the technology of the
time, new technology is now available which allows for LFG to once again be utilized.
2. Land uses that are immediately adjacent to the Project Site include the landfill
areas described above in Statement 2 of Section 1, an Irvine Ranch Water District
("IRWD") pumping station, and open space.
3. The nearest sensitive receptors to the Project Site are the existing Sage Hill
School, located approximately 1,400 feet to the north, and single -unit residences
in the Tesoro Community, located approximately 1,250 feet to the south.
4. A Noise Impact Analysis was prepared for the Project by LSA, dated July 17, 2024.
The study found that neither the construction of the Project nor the long-term
operation of the Project would result in noise impacts to the nearby sensitive
receptors.
5. Long term operation of the Project will result in a negligible increase in the number
of vehicles traveling to the Project Site. The Project is anticipated to generate eight
average daily trips, well below the 300 average daily trip threshold provided in
Chapter 15.40 (Traffic Phasing Ordinance) of the NBMC to require the preparation
of a traffic study.
6. Vehicle traffic will increase during the 9-month Project construction period. To
reduce the temporary impacts to a less than significant level, the Project includes
four traffic mitigation measures, which are included in the MMRP. For example,
the Applicant must prepare a traffic control plan for demolition and construction
which staggers truck trips throughout the day on Newport Coast Drive so that the
minimum practicable number of truck trips will occur during the AM peak period
(i.e., during student drop off for Sage Hill School). Through the implementation of
these mitigation measures, the Project is not anticipated to negatively impact traffic
within the surrounding area.
7. The Project is not anticipated to generate objectionable odors to the nearby
community due to Project design and distance from sensitive receptors. While the
RNG will be odorized prior to injection into SoCal Gas infrastructure, the
odorization process is a sealed -loop system and there should be no release of
odors. Construction activities may generate odors, but they would be temporary
and typically confined to the immediate vicinity of the construction equipment. By
the time any odorous emissions reach the nearby sensitive receptors, they would
likely be diluted to be below the level of detection.
8. The Project introduces additional lighting for security purposes but is not
anticipated to adversely affect ambient light conditions. The 12-foot perimeter wall
and trees surrounding the project site should help shield lighting that could
emanate from the Project Site. To ensure Section 20.30.070 (Outdoor Lighting) of
the NBMC, which requires all outdoor lighting be designed, shielded, aimed,
located, and maintained to shield adjacent properties and to not produce glare onto
adjacent properties or roadways, is implemented, Condition of Approval No. 10
allows the Community Development Director to order the dimming of light sources
or other remediation upon finding that the site is excessively illuminated.
9. The historic use of the Project Site is LFG collection and processing. The previous
LFG-to-energy facility operated at the Project Site from 1988 to 2015 and without
notable incidents or code enforcement issues. The historic use of the site suggests
the RNG Facility should also operate in a compatible way with the surrounding uses.
Finding:
D. The site is physically suitable in terms of design, location, shape, size, operating
characteristics, and the provision of public and emergency vehicle (e.g., fire and
medical) access and public services and utilities;
Facts in Support of Finding:
1. The Project was reviewed by the City's Utilities Department, Public Works
Department, and Building Division. All input and recommendations provided on
implementation of the project if approved have either been incorporated into
project design or have been included in the Conditions of Approval, attached as
Exhibit "F."
2. The Project was also reviewed by the Newport Beach Fire Department ("NBFD").
The NBFD provided recommendations and conditions, including vegetation
removal, to ensure that the necessary fire prevention and emergency response
features are incorporated. All recommendations are included in the MMRP and the
Conditions of Approval, attached as Exhibits "B" and "F", respectively.
3. OCWR currently maintains the planted area outside the perimeter wall. As required
by the NBFD, the Project would likely remove 28 trees to reduce the risk of fire
associated with the Project. Condition of Approval No. 29 requires a Fuel
Modification Plan to be reviewed and approved by the NBFD prior to the issuance
of a building permit.
4. An additional fire hydrant will be added to the Project Site to ensure the hydrant
layout can meet hose -pull requirements and allow fire apparatus equipment and
firefighting crews to deploy at a safe distance from the RNG Facility. The hydrant
location was reviewed and accepted by the NBFD.
5. The Project includes a new, enclosed, flare tower to burn off -specification gas
generated from the RNG refining process. The combustion of off- specification gas
will occur within the flare tower, and no flames will be visible. The four existing
OCWR flares will be protected in place and will be used to combust any excess
LFG that is not sent to the RNG Facility or as a backup in the event the RNG
Facility goes offline. The existing OCWR flares will not be retrofitted to conceal
flames. The NBFD acknowledges that calls for service may be received related to
the occasional visible flaring in the existing OCWR flares but does not anticipate
calls for service to increase over what they receive under existing conditions.
6. The Project is required to comply with the most current adopted fire codes, building
codes, and nationally recognized fire and life safety standards. These codes
impose design standards and requirements to minimize and mitigate fire and
emergency response risk. Compliance with these codes and standards is ensured
through the City's building permit review process. All construction would be subject
to review and approval by the City's Building Division and NBFD prior to building
permit and certificate of occupancy issuance.
Finding:
E. Operation of the use at the proposed location 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 proposed use.
Facts in Support of Finding:
1. LFG is currently being flared off by existing site infrastructure. The Project will
divert the LFG from the flares and into the RNG Facility to convert it into RNG
through a proprietary process. The LFG will undergo moisture, particulate, and
contaminant removal to be upgraded and compressed into pipeline quality RNG.
Contaminants removed from the LFG will be destroyed in the thermal oxidizer.
While the Project generally replaces existing LFG flaring, the Project still has the
potential to release gaseous emissions of criteria pollutants and dust into the
ambient air.
2. An Air Quality Impact Analysis ("AQIA") was prepared for the Project by SCS
Engineers, dated December 2023. The AQIA evaluated the offsite concentrations
of criteria air pollutants that would be emitted by the Project. The net change in
emissions from implementation of the Project would be lower than significance
thresholds established by the South Coast Air Quality Management District
("SCAQMD"). Projects below the SCAQMD significance thresholds are not
expected to generate sufficient criteria pollutant emissions to violate any air quality
standards and should not be a risk to the health or general welfare of people
residing or working nearby.
3. The operation of the Project would require the use of hazardous materials such as
maintenance products, oils, acids, and gases. A full list of materials and quantities
are included in Table 10 of the IS/MND. The Project will store hazardous materials
in small enough quantities as to not require registration with the California
Accidental Release Program and is not anticipated to endanger, jeopardize, or
otherwise constitute a hazard to the public. Furthermore, specific protocols for the
storage of hazardous materials are provided in Appendix H of the IS/MND and
incorporate the use of double -walled tanks and secondary containment to conform
with existing hazardous materials and hazardous waste laws and regulations set
at the State and Federal level.
4. Construction activities would use hazardous materials including gasoline, diesel
fuel, motor oil, hydraulic fluid, solvents, cleaners, sealants, welding flux, various
lubricants, paint, and paint thinner. The materials used would be in small enough
quantities and stored in accordance with best management practices, such as
secondary containment, to not pose a significant safety hazard. Additionally, these
activities would also be short-term, or one off, and would cease upon completion
of the Project's construction phase.
5. A Preliminary Site Consequence Assessment was prepared for the Project to
outline the potential for flammable vapor clouds, jet fire, and toxic vapor clouds
and the possible effect they pose on the surrounding vegetation; public; the control
room, and the existing OCWR building. The analysis found that through the
implementation of emergency response procedures and compliance with
applicable laws and regulations, potential impacts would be less than significant.
6. To help lessen any impacts to the surrounding area, the Applicant is required to
notify neighboring residential community members at least one week prior to the
start of construction. Broader notifications will be made through various means,
including placing signs at road crossings in advance of construction.
7. Facts 4 and 7 in Support of Finding C are hereby incorporated by reference.
EXHIBIT "G"
ADDENDUM IS 84-104 TO EIR 507 (SCH NO. 82082004) FOR COYOTE CANYON
LANDFILL GAS RECOVERY PERMIT LGR 84-1
File available via link due to size:
https://ecros.newportbeachca.gov/WEB/DocView.aspx?id=2878238&dbid=0&repo=CNB
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Molly Perry, Interim 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. 2025-66 was duly introduced before and adopted by the City Council of said City at a regular meeting
held on the 14th day of October, 2025, and that the same was so passed and adopted by the following vote,
to wit:
AYES: Mayor Pro Tern Lauren Kleiman, Councilmember Noah Blom, Councilmember
Michelle Barto, Councilmember Sara J. Weber, Councilmember Erik Weigand
NAYS: Councilmember Robyn Grant
ABSTAIN: Mayor Joe Stapleton
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said
City this 15th day of October, 2025.
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