This project was reviewed pursuant to the guidelines of the California Environmental Quality Act (CEQA) and determined to be Categorically Exempt pursuant to Section 15330(b)(4), Class 30: "Minor Actions to Prevent, Minimize, Stabilize, Mitigate or Eliminate the Release or Threat of Release of Hazardous Waste or Hazardous Substances" of the California Environmental Quality Act Guidelines.

That the Planning Commission approve:

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA HABRA APPROVING CONDITIONAL USE PERMIT 22-18 FOR THE OPERATION OF A SOIL VAPOR REMEDIATION SYSTEM AT 302 TO 440 NORTH HARBOR BOULEVARD, AS PER THE APPROVED PLAN, MAKING THE APPROPRIATE FINDINGS AND SUBJECT TO CONDITIONS.

The Applicant, Amusement, LFP, LLC, on behalf of FREY Environmental Inc., is proposing to install a temporary soil vapor extraction remediation system within an existing commercial shopping center (Harbor Square) addressed as 302 to 440 North Harbor Boulevard located at the northeast corner of Harbor Boulevard and Stearns Avenue. The Harbor Square shopping center is approximately 2.4 acres in area and contains 26 suites that contain a variety of retail uses, restaurants and professional/service-oriented businesses. The center has access via Harbor Boulevard (west) and via a public alley located along the rear of th center (east). The Harbor Square shopping center is designated by the General Plan for Community Shopping Center 1 land use and located within the C-2 (Commercial) Zone, which implements the Community Shopping Center 1 General Plan land use designation. The shopping center is surrounded by commercial uses to the north, south and west, and apartments to the east. The General Plan designates the adjacent property to the north, a KFC drive-through restaurant, for Community Shopping Center 1 land use; the apartment properties to the east for Residential Multi-Family 1 land use; the properties to the south, across Stearns Avenue, for Mixed-Use Center 3 land use; and, the properties to the west, across Harbor Boulevard for Highway Commercial land use.

Dry cleaning operations, which used perchloroethylene (PCE), were conducted within the units at 370 and 376 North Harbor Boulevard, from 1961 to 1999. The unit at 370 North Harbor Boulevard is currently vacant and the unit at 376 North Harbor Boulevard is currently occupied by retail store (Prince & Maya Vape Smoke Shop). Both units are located near the middle of the shopping center. FREY Environmental Inc. was hired in 2021 to conduct a site assessment of the center, which included monitoring wells to evaluate potential remediation actions. The requested action involves the use of a temporary soil vapor extraction remediation system to reduce concentrations of PCE in the soil beneath the center. The use of remediation systems is common for the removal of contamination within the soil and groundwater.

The proposal includes the use of a ten-foot by eight-foot by eight-and-one-half-feet high fully enclosed metal container (80 square feet) that will house the remediation equipment. The equipment enclosure will be secured with locking access doors. The equipment includes a vacuum regenerative blower powered by an eight and one-half horsepower electric motor. The container will be located near the northerly property line, near the center's trash enclosure, behind the shopping center and accessed via the public alley located along the easterly property line. Also proposed within proximity of the equipment container is the use of two, four foot diameter by eight foot high, vessels filled with 2,000 pounds of high granular activated carbon, setback approximately five feet from the northerly property line and 20 feet from the easterly property line.  The system will use a temporary power pole located near the equipment to energize/power the system. The system will use the blower to extract soil vapor that will be treated by passing through the two carbon filled vessels, resulting in air/water vapor discharged into the atmosphere via a 13-foot-high vent pipe extended upward from the metal container. The equipment container and the vessels will be screened from public view from Harbor Boulevard and Stearns Avenue by the existing shopping center buildings. The equipment container and the vessels will be visible from the public alley; however, they will be strategically placed adjacent to landscape planters, which would help soften the view.

Field personnel will be onsite on a weekly basis to monitor system operational conditions. The remediation system will operate 24 hours a day, seven days a week for an anticipated duration of 12 to 18 months. The Applicant will obtain a permit from the South Coast Air Quality Management District (SCAQMD) for the operation of the remediation system and provide progress reports to the Orange County Health Care Agency.

ANALYSIS
Pursuant to La Habra Municipal Code (LHMC) Section 18.66.070, prior to the approval of the Conditional Use Permit (CUP) the planning commission shall make the required findings listed below; following each finding is staff's analysis of the proposed project's ability to meet the required finding.

1. The granting of the Conditional Use Permit will not be detrimental to the public welfare and will not unreasonably interfere with the use, possession and enjoyment of surrounding and adjacent properties and will not impair the character of the zone in which it is to be located.

The proposed remediation equipment will be located in the northeaster corner of the shopping center, approximately 26 feet east of the nearest commercial suite to the west and 33 feet north of the nearest commercial suite to the south. In addition, the equipment will be located approximately 62 feet away from the KFC drive-through restaurant to the north. The nearest residence is located approximately 68 feet to the northeast and approximately 76 feet to the east of the metal equipment enclosure. The Applicant will be required to obtain all necessary permits from County and State agencies including OC Health and AQMD. Clean up progress, as well as monitoring efforts, will continue to be generated into reports that will be forwarded to OC Health. Therefore, staff believes that the CUP will not be detrimental to the public welfare.

The proposed project is also not anticipated to create an unreasonable sound impact to the surrounding properties and the adjacent commercial suites within the subject shopping center. The City's Noise Ordinance limits noise sources to 55 decibels between 7:00 a.m. to 10:00 p.m. and 50 decibels between 10:00 p.m. to 7:00 a.m. According to the vacuum regenerative blower specifications, the blower can produce up to 74 decibels (dBA) at the source; however, the blower includes a silencer, and the equipment enclosure will include foam insulation on all four walls, including the floor and ceiling to reduce sound emissions. Sound pressure from the blower will be substantially reduced by the silencer and insulation causing the sound pressure to dissipate within acceptable City standards. Similar remediation facilities have been approved Citywide, including at properties located at 1490 South Harbor Boulevard in 2019 and at 1450-1478 South Harbor Boulevard in 2018. Both facilities are located near residential areas and have been in operation without any issues. The proposed CUP includes a condition of approval that requires the Applicant to conduct a post-construction noise analysis, prior to a permit being determined final, to verify noise output and compliance. If the system fails to operate within acceptable noise levels, the Applicant is required to implement additional noise mitigation measures including but not limited to the installation of acoustic blankets or alternate sound absorbing materials before resuming remediation efforts. Therefore, due to the proposed sound attenuation measures, the proposed conditions of approval, and experience with similar facilities, staff believes that the granting of the Conditional Use Permit will not interfere with the use, possession and enjoyment of surrounding and adjacent properties and will not impair the character of the zone in which it is to be located.  

 

The remediation system will be located behind the shopping center, and will not be visible from the public right of way along Harbor Boulevard or Stearns Avenue. The equipment area will be accessed via a public alley located along the easterly property line, or rear of the center. The equipment container and the vessels will be visible from the public alley; however, they will be strategically placed adjacent to landscape planters, which would help soften the view. In addition, the remediation equipment will be secured within a metal container to deter vandalism. Furthermore, the proposed remediation system does not involve the removal of any onsite parking or modifications to the landscape planters. Therefore, staff believes that the subject site is physically suitable for the proposed temporary remediation system.

3. The use is conditionally permitted within the subject zone and complies with the intent of all applicable provisions.

The proposed project is before the Planning Commission pursuant to La Habra Municipal Code (LHMC) Section 18.06.040.A, which requires approval of a CUP for remediation systems within the C-2 Zone. The proposed temporary remediation system will be located in a shopping center that was constructed between 1959 and 1986 and classified as legal nonconforming. The proposed size and location of the remediation system meets the development standards of the C-2 Zone, does not affect onsite parking or landscaping, and does not add any new usable floor area to the property. Therefore, the proposed project meets the required findings.

4. The granting of the Conditional Use Permit is consistent with the General Plan.

The subject shopping center is designated by the General Plan for Community Shopping Center 1 land use and located within the C-2 (Commercial) Zone, which implements the Community Shopping Center 1 General Plan land use designation. As indicated above, the temporary remediation system is an allowable use in the C-2 Zone, subject to the approval of a CUP. The Community Shopping Center 1 land use is characterized by a variety of commercial uses serving the larger citywide area as well as the immediate surrounding communities. The operation of a soil vapor remediation system is temporary and will not substantially affect the continued operations of the adjacent commercial uses. In addition, the project implements Policies HW 1.4 Assessment of Known Areas of Contamination and HW 1.5 Remediation of Known Sites of the General Plan 2035. Therefore, staff believes that the granting of the CUP is consistent with the General Plan.

Related Cases

The Applicant has paid for the processing costs associated with the Conditional Use Permit totaling $6,252.00 to process this request. 

The Applicant's proposal has been reviewed pursuant to the requirements of the City's National Pollutant Discharge Elimination System (NPDES) Municipal Permit, the Local Implementation Plan (LIP), and the Model Water Quality Management Plan (WQMP), Section 7.2. Since no disturbance of soil will occur, this project is exempted by the Water Quality Ordinance from the preparation of a WQMP.

The property is designated Community Shopping Center 1, which is characterized by a variety of commercial uses serving the larger citywide area as well as the immediate surrounding communities. The operation of a soil vapor remediation system is temporary, and it does not substantially affect the continued operations of the adjacent commercial uses. 

The project implements Policies HW 1.4 Assessment of Known Areas of Contamination and HW 1.5 Remediation of Known Sites of the General Plan 2035.

This project implements the following FY2022-23 City of La Habra Goal and Objectives: Goal 5: Development Activity and Business Assistance, Objectives A) Identify blighted properties within the community and prepare targeted strategies to address these challenges, B) Identify underutilized commercial properties that have sales tax generating potential and work with property-owners and the brokerage community to develop land to its highest and best use, and C) Work closely with commercial and residential property-owners to improve and maintain the appearance of their properties.