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<,FORN'P City Council Staff Report
May 23, 2023
Agenda Item No. 9
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Seimone Jurjis, Community Development Director - 949-644-3232, [email protected]
PREPARED BY: Jim Campbell, Deputy Community Development Director, [email protected]
PHONE: 949-644-3210
TITLE: Planning Commission Agenda Report for May 18, 2023 ITEM NO. 1 MINUTES OF MAY 4, 2023
SUMMARY: Draft minutes from the May 4, 2023, meeting of the Planning Commission.
The Planning Commission considered the draft minutes and approved the draft minutes with minor edits by the following vote:
AYES:
Barto, Ellmore, Harris, Klaustermeier, Langford, and Rosene NOES:
None
ABSENT:
Lowrey
ABSTAIN:
None
ACTION: Approved as amended
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 of a soil vapor extraction and treatment system. The system consists of an underground pipe network (approximately 2,400 linear ft), 13 soil gas extraction wells, and a 240 square foot remediation treatment building for a term of approximately 12 months. A limited term permit allows a 3.2-foot separation distance 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 per the PC-24 (Aeronutronic Ford Planned Community) development standards.
The Planning Commission conducted a public hearing and continued the application to allow further consideration by the applicant and the homeowner's association of alternative locations for the proposed treatment building.
AYES:
Barto, Ellmore, Harris, Klaustermeier, and Rosene
NOES:
Langford
RECUSED:
Lowrey
ABSTAIN:
None
ACTION: Continued to the Planning Commission Meeting of June 22, 2023. 9-1
Planning Commission Agenda Report for May 18, 2023
May 23, 2023
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.
ACTION: This item was removed from the agenda.
9-2
May 23, 2023
Agenda Item No. 9
NEWPORT BEACH PLANNING COMMISSION AGENDA
CITY COUNCIL CHAMBERS — 100 CIVIC CENTER DRIVE
THURSDAY, MAY 18, 2023
REGULAR MEETING — 6:30 P.M.
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. PUBLIC COMMENTS
Public comments are invited on non -agenda items generally considered to be within the subject matter jurisdiction of the Planning Commission. Speakers must limit comments to three (3) minutes. Before speaking, please state your name for the record and print your name on the blue forms provided at the podium.
V. REQUEST FOR CONTINUANCES
VI. CONSENT ITEMS
ITEM NO. 1 MINUTES OF MAY 4, 2023
Recommended Action: Approve and file
VII. PUBLIC HEARING ITEMS
Speakers must limit comments to three (3) minutes on all items. Before speaking, please state your name for the record and print your name on the blue forms provided at the podium.
If in the future, you wish to challenge in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to raising only those issues, which you (or someone else) raised orally at the public hearing or in written correspondence received by the City at or before the hearing.
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;
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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).
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-1 1), 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.
Vill. STAFF AND COMMISSIONER ITEMS
ITEM NO. 4 MOTION FOR RECONSIDERATION
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
ITEM NO. 6 REQUESTS FOR EXCUSED ABSENCES
IX. ADJOURNMENT
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