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HomeMy WebLinkAbout1973-09-05 (7)MINUTES HUNTINGTON BEACH PLANNING COMMISSION Council Chambers, Civic Center Huntington Beach, California WEDNESDAY,-SEPTEMBER 5-, 1973 - 7 P.M. - REGULAR MEETING COMMISSIONERS PRESENT: Geiger, Higgins, Kerins, Wallin, Boyle, Porter COMMISSIONERS ABSENT: Bazil NOTE: A TAPE RECORDING OF THIS MEETING IS ON FILE IN THE PLANNING DEPARTMENT OFFICE. CONSENT CALENDAR (ITEMS APPROVED) ON MOTION BY WALLIN SECOND BY BOYLE THE FOLLOWING ITEMS WERE APPROVED AS RECOMMENDED BY THE FOLLOWING VOTE: MINUTES: July 3, 1973 and July 17, 1973 - Approved as transcribed and mailed. TENTATIVE TRACT NO. 7743 In Conjunction With USE PERMIT NO. 72-82 Continued to September 18, 1973 meeting at request of applicant for additional time to complete required plans. ZONE CASE NO. 73-18 Applicant: Linda Thomas Continued to September 18, 1973 at the request of the Environmental Review Board., AYES: Geiger, Higgins, Kerins,,Wallin, Boyle, Porter NOES: None ABSENT: Bazil TENTATIVE TRACT NO. 5642 (Cont. 8/7/73) CONDITIONAL USE PERMIT NO. 73-02-(Cont. 8/7/73) Applicant: Toups Engineering,Inc. The Acting Secretary stated that elevations, preliminary plans, and landscaping plans were on' -display for Commission review. -There was a discussion on staff's recommendations, -conditions of approval, and the City Council's recent use of the word "required" instead of "recommended" with reference to con- ditions of approval relating to insulation. The Acting Secretary stated that he would be prepared to discuss this,, at September 11 Study Session of the Planning Commission. There was a'discussion on insulation -requirements and a Minutes: H.B. Planning Commission Wednesday, September 5, 1973 Page 2 request by the Commission to staff for a more comprehensive definition of R numbers. The Building Department was directed to put together some documentation on insulation.for presentation at September 1.1 Study Session. The Chairman opened the hearing to the public on Conditional Use Permit No. 73-02. Mr. Larry Gibbs, representing the applicant, addressed the Commission and outlined revisions that had been made on the plans. There was a discussion on balanced power and forced air ventilation. Mr. Gibbs stated that the plans provide for air conditioning of the units, but that he would be willing to work with Commission on the forced air ventilation. Commissioner Kerins stated that he felt there should be some tot lots included,in the plans. Mr. Gibbs stated that they had felt this would be primarily a development for adults and hence no tot lots had been incorporated into the plans. There being no other comments, the hearing was closed. ON MOTION BY WALLIN SECOND BY HIGGINS CONDITIONAL USE PERMIT NO. 73-02 WAS APPROVED WITH CONDITIONS AS OUTLINED BELOW AND FOR THE REASON THAT IT MEETS THE INTENT OF THE PLANNED DEVELOPMENT ARTICLE 931 BY THE FOLLOWING VOTE: 1.. The tentative map received by the Planning Department on August 31,•. 1973 shall be the approved map. 2. All applicable conditions of the Standard Conditions of Approval for tentative maps dated May 23, 1973 shall be complied with. 3. The width of the patio on model 16,and 16R shall be increased by one (1) foot. 4. The enclosed trash area on the east side of lot 35 shall be relocated so as not to encroach upon the.setback requirements along Seventeenth Street`. S. CC&Rls shall prohibit the storage of recreational- vehicles within the development. 6. The existing -five-foot six-inch (51611) block wall is sufficient to meet the intent of the block wall requirements of the Planned'' Development zone provided that.there is no difference in grade. on either side of the fence.. 7.• The developer shall install a 6 foot masonry wall,according to City standards.along the southerly property line perpendicular to Seventeenth Street. ,(Reference item 6-above.) 1 x Minutes: H.B. Planning Commission Wednesday, September 5, 1973 Page 3 8. Any future identification signs for the project shall be submitted to the Planning Department for approval. 9. A document shall be recorded with the City to show that the Homeowners Association shall be responsible for the maintenance of the landscaped area in front of the fencing and bordering on Garfield and Delaware if a perimeter wall is constructed. 10. Any existing capped oil wells on the property shall be verified as to compliance with the present oil codes of the City of Huntington Beach and the State of California. 11. The dwelling on lot 28 shall not have windows on the west side. 12. Mounding shall be included in the landscape plan for that portion of the development along 17th Street and within the setback and shall be approved by the Planning Department. 13. Full insulation of all exterior walls and ceilings of dwelling units shall be required to help minimize the burden of heating and cooling systems. 14. All dwellings are to be provided with forced air ventilation, 15.. Disposal of buildings spoil, unusable lumber, tarpaper, wire, pipe and other excess or unusable waste shall be dumped at an off -site facility equipped *to handle them. 16. The development is to be constructed with balanced power to reduce possible overload on any one energy resource. 17. The perimeter wall along Garfield Ave. and Delaware Street may be deleted from the plan. AYES: Geiger, Higgins, Wallin, Boyle, Porter NOES: Kerins ABSENT: Bazil ON MOTION BY PORTER SECOND BY'HIGGINS TENTATIVE TRACT NO. 5642: WAS APPROVED SUBJECT TO THE SAME CONDITIONS IMPOSED ON CONDITIONAL USE PERMIT NO. 73-02 BY THE FOLLOWING VOTE': AYES: Geiger, Higgins,.Kerins, Wallin, Boyle, Porter NOES: None ABSENT: Bazil ADMINISTRATIVE REVIEW NO. 72-93 (Cont. 8/21/73) Applicant: Southern California Edison Co.' Administrative Review No. 72-93 is a,request to permit the construction, operation and maintenance of 6 combined cycle generating units at applicant's'Huntirigton Beach Generating Minutes: H.B. Planning Commission Wednesday, September 5, 1973 Page 4 Station pursuant to S. 9551 of the Ordinance Code. Each unit consists of two gas turbines, two heat recovery steam generators and one steam turbine. The units are designed to use either natural gas or distillate for fuel. Also, as indicated on the development plans construction of a shop and warehouse building of 40,000 sq. ft. Construction will be of concrete block with a height of 25 ft. The property is located on the northerly side of Pacific Coast'Highway between Newland St. and Brookhurst St. Chairman Kerins noted that Administrative Review No. 72-93 had been continued from August 21, 1973 meeting for the sole purpose of the Planning Commission to review suggested conditions of approval as offered by the staff, Environmental Review Board and Planning Commissioners at that session. However, he stated that it was brought to his attention that there were a number of people that wished to address the Planning Commission on this matter. He ' therefore indicated that he would re -open the public hearing to the audience if there was no objection from other Commissioners. As there was no objection the public hearing was re-opened.for citizen input. Mr. Jenkins addressed the Commission and submitted photographs which indicated deterioration to the automobiles in the area from the fallout from the existing facility. Mrs. Margaret Carlberg addressed the Commission and inquired if the Environmental Protection Agency is required to approve the facility and if so what would be the time of their approval. Ms. Buckland addressed the Commission and questioned the -type of,permits required for operation of the facility, type of fuel to be used, the location of new storage tanks if needed and what type of grading would be required for construction of the facility. Mr. Battenfield addressed the Commission and questioned -the legality of approving the expanded facility when the existing operation should be required to clean up their emissions. There being no additional comment from the audience, the Chairman closed the public hearing. Commissioner Porter questioned the improvement costs of the proposed landscaping berm along the southwest and north periphery of the proposed facility. Mr. Richardson reported that the $1,800,000 was ail for aesthetic screening of the existing and proposed expansion. The Planning Commission after additional discussion determined that they would review the suggested conditions of approval one by one for deletions, rewording, and additions to such conditions. After a lengthy review of the conditions resulting in the complete satisfaction of all commissioners on the revised list as well as" Edison'.s_input and concurrence, the Chair then indicated that'h motion was in order on the"proposed expansion. 1 Minutes: H.B. Planning Commission Wednesday, September 5, 1973 Page 5 ON MOTION BY GEIGER SECOND BY BOYLE-ENVIRONMENTAL IMPACT REPORT WAS APPROVED BY THE FOLLOWING VOTE: AYES: Geiger, Higgins, Kerins, Boyle, Porter NOES: Wallin ABSENT: Bazil A MOTION WAS MADE BY PORTER AND SECONDED BY BOYLE TO DENY ADMINISTRATIVE REVIEW NO. 72-93 FOR THE FOLLOWING REASONS: 1. This facility isasingle source detriment to the air quality and further deterioration to the air quality to the South Coast air basin and is possibly in violation of current EPA standards and may be in violation of APCD standards as they currently exist. Reference is made to letter from County Counsel dated August 31, 1973. 2. California Institute of Technology Environmental Quality Labs in supporting data submitted by the Assembly Panel show current proposed expansion within Southern California, - not including Huntington Beach expansion, will accommodate energy demand growth rate of 7% including peak demands for safety margin through 1980. Conservation policies indicate that there is a 5t growth rate which will eliminate need for plant. 3. The concentrated efforts by Edison for its conservation. of energy and designation of most efficient means of energy consumption as it relates to depletion of natural. resources must be undertaken. Only a full scale con- servation effort on Edison's part will materially affect the growth and energy demand. The alternative to this conservation policy is imposition of governmental control.' This denial constitutes this imposition in the absence of any concerted policy on Edison's part. Reference is made to Los Angeles Times editorial of April 24, 1973. 4: The revenues accruing to the City as a result of this project need to be obtained through city -imposed economy measures. It is easier to spend new money "than conserve the old. 5. By allowing construction of this plant it encourages the continued high use of electrical energy and depletion of natural resources. Denial of this project may possibly point toward additional energy conservation policies. As long as there.is electrical generating capacity there won't be any conservation problem of any real depth. Until such time as something occurs that is a real crisis we will continue to not have necessary conservation policies which I feel have to be -imposed. Minutes: H.B. Planning Commission Wednesday, September 5, 1973 Page 6 VOTE: AYES: Porter, Boyle, Wallin NOES: Geiger, Higgins, Kerins ABSENT: Bazil THE MOTION FAILED. 11 Additional Commission discussion followed at which time the Chair requested procedurally what the proper motion should be at this time. They were advised that a proper motion would be for approval of the facility. A MOTION WAS MADE BY GEIGER AND SECONDED BY HIGGINS TO APPROVE ADMINISTRATIVE REVIEW NO. 72-93 FOR THE FOLLOWING REASON: It would seem inconsistent to approve development and encourage new development and deny the very element this development needs to operate. VOTE: AYES: Geiger, Higgins, Kerins NOES: Porter, Boyle, Wallin - ABSENT: Bazil At this point the Chair requested again the proper procedure and was advised that a motion for reconsideration of a previous motion, would be in order. A MOTION WAS MADE BY PORTER AND SECONDED BY KERINS TO RECONSIDER VOTE. VOTE: AYES: Geiger Higgins, Kerins, Wallin, Boyle,.Porter NOES: None ABSENT: Bazil ON MOTION BY PORTER SECOND BY WALLIN ADMINISTRATIVE REVIEW NO. 72-93 WAS DENIED FOR THE FOLLOWING'REASONS"AND BY THE FOLLOWING VOTE 1. This facility isasingle source detriment to the air quality and further deterioration to the air quality to the South Coast air basin and is possibly in violation of current EPA standards and may be in violation of APCD standards as they currently exist. Reference is made to letter from County Counsel dated August 31, 1973.' 2. California Institute of Technology Environmental Quality Labs ,in supporting data submitted by the Assembly Panel show current .proposed expansion within Southern California, -not including Minutes: H.B. Planning Commission Wednesday, September 5, 1973 Page'7 2. Huntington Beach expansion, will accommodate energy demand growth rate of 7% including peak demands for safety margin through 1980. Conservation policies indicate that there is a 5% growth rate which will eliminate need for plant. 3. The concentrated efforts by Edison for its conservation of energy and designation of most efficient means of energy consumption as it relates to depletion of natural resources must be undertaken. Only a full scale conservation effort on Edison's part will materially affect the growth and energy demand. The alternative to this conservation policy is imposition of governmental control. This denial constitutes this imposition in the absence of any concerted policy on Edison's part. Reference is made to Los Angeles Times editorial of April 24, 1973. 4. The revenues accruing to the City as a result of this project need to be obtained through city -imposed economy measures. It is easier to spend new money than conserve the old. 5. By allowing construction of -this plant it encourages the con- tinued high use of electrical energy and depletion of natural resources. Denial of this project may possibly point the way toward additional energy conservation policies. As long as there is electrical generating capacity there won't be any conservation problem of any real depth. Until such time as something occurs that is a real crisis we will continue to not have necessary conservation policies. which I feel have to be imposed. AYES: Geiger, Higgins, Kerins, Wallin, Boyle, Porter NOES: None ABSENT: Bazil Chairman Kerins stated that he had originally voted -to approve the application. However, based on a 3/3 vote, Kerins, Geiger, Higgins changed their vote to deny in order to allow applicant or any other interested party to appeal, the denial to the City Council. Prior to this action, he stated, the Commission spent a considerable amount of time determining the appropriate and reasonable conditions of approval to any possible approval of the application. ON MOTION BY PORTER SECOND BY WALLIN THE,COMMISSION REQUESTED THE FOLLOWING CONDITIONS OF APPROVAL BE SUBMITTED TO CITY COUNCIL WITH RECOMMENDATION THAT THEY BE CONSIDERED IF APPROVED BY THAT BODY BY THE FOLLOWING VOTE: Minutes: H.B. Planning Commission Wednesday, September 5, 1973 Page 8 I.' Conditions to be met and/or agreed to (these mitigating measures to be taken during construction) PRIOR to issuance of a building permit: 1. Filing of copies of all required construction permits from other agencies including Coastal Commission, EPA, Regional Water Quality Board, PUC included, but not limited to, prior to any grading activity on the,site.. 2. Submission for survey and report on marine environment to ERB for approval. 3. Review by Planning Commission of any variation in final design of proposed 200 feet minimum stack height. 4. The plot plan received August 17, 1973 shall be the approved layout and shall reflect precise location of the six combining units, landscaping and berm,,. parking and any other approved structure. 5. The landscape plan with the proposed "wash system" shall be approved by the BZA and coordinated by the BZk to insure review by all appropriate city departments;in order to achieve the desired "screening" effect of the facility. 6. Soil and compaction report as required by the Building Department and Department of Public Works shall be submitted and approved. 7. A lighting plan shall be submitted to the Department of Public Works for approval which indicates a low intensity rating for the new combined cycle units and reduces the "Christmas tree" effect of the existing units. 8. Pacific Coast Highway and Newland Street shall be dedicated and fully•improved to the City and/or State' standards. Improvements shall include sidewalks, street trees, street signs, fire hydrants, sewer and water main extension. 9. Edison shall sign an agreement with the City to hold the City harmless from all legal claims regarding the -Huntington Beach Southern California Edison generating. facility emanating from air,pollutant'fallout•and, subsidence.. Minutes: H.B. Planning Commission Wednesday, September 5, 1973 Page 9 . 10. Signed agreement by Edison to participate financially in the planning and execution of an ecological preserve should one be developed to the east of the facility. 11. Signed agreement assuring conformance to mitigating measures during construction under penalty of issuance of stop work for violation: a. Construction shall not take place between 6:00 P.M. and 7:00 A.M. on weekdays, including Saturday and shall not occur at any time on Sunday. b. Steam cleaning and washing of construction equip- ment shall be restricted to a location on site which is properly equipped to control land and water pollution. Such site as well as the equip- ment maintenance areas shall be inspected by the City to assure proper disposal of maintenance and cleaning waste. All wastes, including construction wastes, shall be periodically removed and deposited. at a landfill site designated to receive such wastes.. C. Adequate and careful application of water spray should be used to minimize a potential dust problem during construction. d. Construction activities and potential hazards shall be clearly identified by signs and warning lights. e. Construction traffic shall be directed to utilize PCH, Beach Blvd., and Brookhurst in order to avoid encroachment into the residential area via Magnolia or Newland Street. Such direction shall consist of on -site signs in the construction parking areas designating these highway areas as exit routes: f,. Detour of any PCH traffic necessitated by the construction shall be limited to the landward side of PCH within the State highway right-of-way with A minimum width of two lanes in each direction and with geometrics providing for safe travel speed.` g. Construction of intake and outfall conduit lying across Pacific Coast Highway shall not take place during the months of June through September. Minutes: H.B. Planning Commission Wednesday, September 5, 1973 Page 10 h. `Methods to minimize turbidity resulting from dredging and''spoil deposition operations shall be required. i. Transmission tower shall be replaced with contemporary self-supporting double -circuit steel structure of approximately 140' in height. j. The steel tower poles shall be painted a light toned color, with dark crossarms to blend -with existing uses in the general area. k.. Disturbance to existing right-of-way use for open space, agricultural, landscaping and park purposes shall be minimized and restored if necessary. 1. Access to the right-of-way shall be over existing maintenance access ways. M. Storage of equipment and stockpiling of materials shall be upon the existing -new generating station and screened from view or at a central location designed as a temporary storage yard. Said facility shall be approved by the Planning Commission as to location and type of screening. n. Southern California Edison shall landscape and improve the right-of-way between Hamilton and Flood Control channel to the south. Such landscaping shall be similar to that landscaping proposed by the CIty to be installed immediately adjacent to the north side of Hamilton, and shall be in accordance with City standards. 12. Edison shall post a performance bond for the completion of the proposed landscaping and aesthetic improvements including the repainting'of the existing facility using earth tones. 13. Edison shall pursue with the City the expanded use of the transmission.corridors for green belt development as previously stated in January 17, 1973 City Council Policy Statement. 14. A report and recommendations from a qualified -fire protection engineer is required to assist in the determination of fire protection requirements for the facility. ; Minutes: H.B. Planning Commission Wednesday, September 5, 1973 Page 11 15. Prior to completion of the expansion Edison Company shall incorporate in their station orders a Fire Brigade organization and training program to be approved by the Fire Department. II. Conditions to be completed prior to certificate of occupancy and operation: 1. Potable water supply shall be through the City of HB water system. 2. Sewage disposal shall be through the City of HB sewage system. 3. The water, sewer, fire hydrant, detection, alarm and exhausting systems shall be approved by the Department of Public Works and Fire Department. 4. The flood control channel shall be fenced to Flood Control District standards and city standards. 5. The property shall participate in the local drainage assessment district. 6. No structures, other than those shown on the approved ' plot plan shall be constructed within the project. This condition shall not prohibit the use of temporary construc- tion buildings during construction. 7. The Fire Department shall review emergency vehicular access as it relates to landscaping berms and shall determine the location and specifications of the fire alarm system -conduit and appurtenances to be installed by Edison. 8. Off-street parking shall conform to Article 979. 9. Landscape plans and aesthetic treatment thru repainting and new lighting shall -have been executed. 10. The landscaping berm shall be constructed having a .minimum height of 15' and shall be adequate to withstand a 100 year flood. III. The following conditions are to be met for general operation of generating facility as well as all other conditions of approval enumerated within.I and II. Minutes: H.B. Planning Commission Wednesday, September 5, 1973 Page 12 . A. go Air Quality 1. If operation of the facility exceeds pollution standards designated by appropriate federal and state agencies the city retains jurisdiction to eliminate the ensuing nuisance to local residents by requiring S.C.E. to provide scrubbers or electro- static precipitators (or•best available technique) to attenuate the effect. 2. The City should request that the APCD submit - quarterly reports to the City for review and imposition of further conditions necessary for air quality maintenance or improvement as required. 3. The City should request that the APCD establish a monitoring station at the highest ground level of emissions. Marine Quality 1. Edison shall participate in a continuing biological ecological monitoring of the marine ecosystem. 2. Information from the monitoring program and other sources shall be reviewed by the ERB and the' Environmental Council and where indicated, new procedures -should be imposed. 3. The City shall request the OCFCD to receive periodic reports from Edison on the dewatering during and after site construction to provide. appropriate controls and conditions to assure that the content of the water within the flood .control channel is sufficient to maintain food for marine life. The City should further request the cooperative effort of the Regional Water Quality Board, Fish and.Game, and OCFCD to achieve marine quality. Noise Southern California Edison shall be responsible for a monitoring program for the noise level. The noise level is not to exceed.50•Dba's at the intersection of Magnolia and Banning. The monitoring should include readings 30 days and 3 months after "firm installation" of each of the first three units. If.this monitoring program discloses excessive sound pressure levels, SCE shall be required to take appropriate corrective action. Minutes: H.R. Planning Commission Wednesday, September 5, 1973 Page 13 D. General Requirements 1. The conditions of approval shall be reviewed in 5 years for additional conditions to insure attain- ment of standards as presented in EIR and that Edison is using the best available technology to maintain or improve air and marine quality. 2. Plane maintenance shall be carefully monitored with special attention to clean up of any spills that may occur on the site during plant operation. 3. Prior to Edison switching to a fuel substitution for the combined cycle units 6 through 11 which would cause greater pollution, an Environmental Impact Report shall be filed with the City and approval action taken thereon prior to'conversion to such fuel. 4. Southern California Edison Company shall enter into an agreement with the City not to promote the use of electrical power during the present stated power' shortage: 5. Edison will attempt to design measures to mitigate the further emanating blow off of steam from exist- ing and proposed plant between 6:00 P.M. and 8:00 A.M. 6. SCE shall execute an agreement with the City of HB which shall require that Edison comply with all conditions of approval as finally resolved by the legislative body. AYES: Geiger, Higgins, Kerins, Wallin, Boyle, Porter ,NOES: None ABSENT: Bazil At 11:30 P.M. the meeting adjourned for a ten minute recess. MISCELLANEOUS Michelle Strollin, 8932 stating her opposition stating that it did not She further stated that .of purchase,six months construction. Henton Drive, addressed the Commission to the fencing proposed for the Cul-de-sac,.. afford protection for children and pets. Signal Landmark had promised her at time ago that -the fence would be of masonry The Chairman requested that Building Department and Public Works Department contact Signal Landmark and see if they can hold up .putting in wrought,d ron fence pending.,a,discussion of modification s Minutes: H.B. Plianning Commission Wednesday, September 5, 1973 Page 14 of requirements for fencing.in that tract. nTS('Ti.C.gTnM Mr. John O'Conner, City Attorney's office, addressed the Commission and briefly outlined the history of zoning of property located on the south side of Warner Avenue between Sims and Green Street. He stated that it was an illegal subdivision having been originally approved by the City of Huntington Beach by its Board of Trustees in 1919. bjr. Blaise Subbiando, a developer -of property in area described 'above, addressed.the Commission discussing his plans and problems therewith in development. -COMMISSIONERS' COMMENTS Commissioner Geiger discussed numerous large signs which appeared to be in excess of size permitted by Code. Discussed Transportation Committee and problems therewith. Commissioner Wallin requested information on Victor Gruen and sug- gested a meeting with South Coast Regional Coastal Commission at their September 6, 1973 meeting in the Council Chambers or at a later date to relate views and ideas informally to them. Commissioner Higgins discussed lack of street improvements on southern end of Magnolia adjacent to the tank farm. Commissioner Boyle discussed the legality of continuous garage sales. Commissioner Porter discussed subdivision signs. Commissioner Kerins directed the Planning Director to subscribe to COASTLINE LETTER" and.reproduce.copies and distribute to Commissioners. WRITTEN COMMUNICATIONS: A letter from George Lusk requesting further study on parking .was noted by the Commission. .,,ON MOTION BY KERINS SECOND BY WALLIN-THE MEETING WAS ADJOURNED AT 1:05 A.M. BY THE FOLLOWING VOTE: AYES: Geiger, Higgins, Kerins, Wallin, Boyle, Porter -NOES: -None- ABSENT: Bazil James Pali war Kerins Acting -Secretary Chairman ;,