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 of Hazardous Waste or  Hazardous Substances" of the CEQA Guidelines as the proposed soil vapor remediation system will be used for a temporary period and for the sole purpose of eliminating soil vapors to achieve safer conditions for the site and surrounding properties. The proposed remediation system meets the requirements of Title 22 of the California Code of Regulations and local air district requirements. The project is not subject to any of the exceptions for exemption under Section 15300.2 of the CEQA Guidelines. The cumulative impact of this project, and the approval of other projects like it in the vicinity, is not expected to have any significant environmental impact. The project is not located along any state designated scenic highway nor within any designated hazardous waste site. Staff does not expect any significant impacts or unusual circumstances related to the approval and construction of this project. Therefore, the project is categorically exempt from CEQA.

That the Planning Commission approve: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA HABRA, CALIFORNIA, MAKING THE REQUIRED FINDINGS AND APPROVING CONDITIONAL USE PERMIT 24-0005 TO INSTALL AND OPERATE A TEMPORARY SOIL VAPOR REMEDIATION SYSTEM LOCATED AT 650 NORTH HARBOR BOULEVARD, AS PER THE APPROVED PLANS AND SUBJECT TO CONDITIONS, AND MAKING THE DETERMINATION THAT THE PROJECT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO SECTION 15330(B)(4), CLASS 30: "MINOR ACTIONS TO PREVENT, MINIMIZE, STABILIZE, MITIGATE, OR ELIMINATE THE RELEASE OF HAZARDOUS WASTE OR HAZARDOUS SUBSTANCES" OF THE CEQA GUIDELINES.

The Applicant, Mr. Amir Pakshir, on behalf of the Property Owner, Mr. Yong Ho Choe, is proposing to install and operate a temporary soil vapor remediation system at 650 North Harbor Boulevard. The project site is located on the east side of Harbor Boulevard, a roadway defined in the General Plan as a "primary arterial highway", approximately 450 feet south of the Whittier Avenue intersection. The property is composed of a single parcel of approximately 0.21 acres and is located within the C-2 (Commercial) Zone, which implements the property's General Plan land use designation of Neighborhood Commercial. Exhibit 1, below, and Attachment 1 identify the project location.

Surrounding Land Uses

 

The subject property has been used as a laundry and dry cleaning establishment since the building was constructed in 1969. The existing business, La Habra Norge Cleaners, has been owned and operated by Mr. Choe since July 1, 2010.

Exhibit 1 – Vicinity Map



In April 2016, the former owner of the adjacent property to the north (a site previously occupied by American First Federal Credit Union), informed Mr. Choe of their concern over soil contamination resulting from the past dry-cleaning operations when perchloroethylene (PCE) was allowed to be used as a dry cleaning solvent. In this case, the subject site operated using PCE for nearly 46 years. Subsequently, in May 2016, the Planning Commission approved Mr. Choe's request to install a temporary soil vapor remediation system at the southwest corner of the site to reduce concentrations of PCE in the groundwater for a period of three years, expiring in 2019.

In March 2024, Mr. Choe received another notification of potential contamination on the property from the multi- family residential complex to the south. Mr. Choe is requesting to install and operate another temporary soil vapor remediation system in the drive-aisle along the northern boundary of the site, as depicted in Exhibit 2, for an anticipated period of one year. The proposed soil remediation system is expected to improve the soil conditions for the subject site. As of January 1, 2023, California has banned the use of PCE for all dry cleaning operations.


Exhibit 2 – Site Plan 



As shown in the photos under Exhibit 3 below, the proposed system will be contained within a 16 feet long x 7 feet wide x 8 feet tall, fully enclosed, metal trailer secured with locking access doors. The proposed system will utilize a temporary power pole installed approximately 20 feet from the trailer to energize/power the equipment. The system is expected to work by using a blower to extract soil vapor which will then be treated by passing through the two carbon-filled vessels, resulting in air/water vapor that can be discharged into the atmosphere through a vent pipe extended upward from the metal container. While no permanent screening has been proposed to shield the trailer from the public's view, as it is temporary, it will be located approximately 100 feet from the public right-of-way and toward the rear end of the site to 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 the anticipated period of one year. The Property Owner is also required to 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.
Exhibit 3 – Remediation System Trailer

  

ANALYSIS:
Pursuant to Section 18.06.040.A of the La Habra Municipal Code (LHMC), a Conditional Use Permit (CUP) is required for remediation systems in the C-2 Zone. Pursuant to Section 18.66.070 of the LHMC, prior to the approval of the CUP, the Planning Commission must make the findings listed below. Staff has provided analysis and justification in support of each of the required findings.


1. The granting of such 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 installation of the soil vapor remediation system will require building permits from the City to verify its installation and construction in accordance with Building Code standards. The equipment will be located in a temporary trailer along the northern boundary and toward the rear of the site, away from the public's view, and will operate within the limits of the City's Noise Control Ordinance. The property will be continually monitored by a qualified technician to ensure the system is operating in the expected manner. Further, a condition of approval has been included that permits the soil vapor remediation system to remain on the property only for such period of time as directed by the Department of Toxic Substances Control (DTSC) and requires immediate removal of the equipment once authorized and/or directed by the DTSC. This ensures that the proposed remediation equipment will not unreasonably interfere with the use and will not impair the character of the C-2 Zone in which it is to be located. Therefore, the granting of the CUP 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 C-2 Zone.

2. The subject site is physically suitable for the type of land use being proposed.

Minimal operational changes are proposed to the subject site. In fact, the existing business operations will be able to continue while the temporary soil remediation is occurring. The proposed temporary soil vapor remediation system will be located along the north side of the existing building in an area that will not impede access to the existing business or reduce the availability of on-site parking. Therefore, the subject site is physically suitable for the remediation system proposed.

3. The use is conditionally permitted within the subject zone and complies with the intent of all applicable provisions of Title 18.

Per Section 18.06.040.A of the LHMC, remediation systems within the C-2 Zone require the approval of a CUP. The proposed temporary soil vapor remediation system will be located along the northern property boundary and toward the rear of the site, away from the public's view, and will operate within the limits of the City's Noise Control Ordinance. The proposed size and location of the soil vapor remediation system meets the development standards of the C-2 Zone with respect to setbacks, and does not affect onsite parking, landscaping, or the usable floor area of the property. Therefore, the use is conditionally permitted within the subject zone and complies with the intent of all applicable provisions of Title 18.

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

The subject site has a General Plan Land Use designation of Neighborhood Commercial (0.3 FAR) and is located within the C-2 (Commercial) Zone. As outlined above, the soil vapor remediation system is permitted in the C-2 (Commercial) Zone, subject to the approval of a CUP. The operation of the system is for a fixed time period and fully enclosed within the trailer so as to not substantially affect the adjacent commercial uses and residences. Additionally, the project implements General Plan Policy HW 1.5 (Remediation of Known Sites) of the La Habra General Plan 2035. Therefore, the granting of the CUP is consistent with the General Plan.

The Applicant submitted the required deposit fee of $6,532 for processing a Conditional Use Permit.

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 this is merely a soil sampling project and no disturbance of soil pertaining to new construction will occur, the project is exempt from the Water Quality Ordinance and preparation of a WQMP.

The project is consistent with the following General Plan policies:

The project is consistent with the following City Council goal and objectives: