HomeMy WebLinkAbout2003-04-22MINUTES
HUNTINGTON BEACH PLANNING COMMISSION
TUESDAY, APRIL 22, 2003
HUNTINGTON BEACH CIVIC CENTER
2000 MAIN STREET, HUNTINGTON BEACH, CALIFORNIA 92648
6:15 P.M. - ROOM B-8
CALL PLANNING COMMISSION MEETING TO ORDER
P P P P P P P
ROLL CALL Davis, Bohr, Stanton, Kokal, Shomaker, Dingwall, Ray
A MOTION WAS MADE BY DAVIS, SECONDED BY DINGWALL, TO MOVE PUBLIC
COMMENTS TO THE BEGINNING OF THE MEETING, BY THE FOLLOWING VOTE:
AYES: Davis, Bohr, Stanton, Kokal, Shomaker, Dingwall, Ray
NOES: None
ABSENT: None
ABSTAIN: None
MOTION PASSED
A MOTION WAS MADE BY DAVIS, SECOND BY RAY, TO ALLOW INDIVIDUALS TO
SPEAK DURING AGENDIZED ITEMS, BY THE FOLLOWING VOTE:
AYES:
Davis, Bohr, Stanton, Kokal, Shomaker, Dingwall, Ray
NOES:
None
ABSENT:
None
ABSTAIN:
None
MOTION PASSED
PUBLIC COMMENTS
Julie Bixby, Hillgate Lane, Huntington Beach, informed the Commission that the April 22, 2003
Agenda was not posted on the City's website.
Larry Barnard, Smokey Circle, Huntington Beach, spoke in opposition to the Poseidon
Desalination Plant (Item A-3), voicing concerns about noise and how the plants operations will
affect the beach. He also urged the City to concentrate on improving the physical conditions of
southern Huntington Beach, including streets, sidewalks, etc.
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April 22, 2003
Page 2
Richard Loy, Kahului, Huntington Beach, spoke in opposition to the Poseidon Desalination Plant
(Item A-3), stating that southeast Huntington Beach doesn't need another industrial use. He
reminded the Commission of an existing earthquake fault line that exists in that area, and asked
why the proposed project will pump water to Saddleback Valley. He suggested the City
consider another tourist development at the proposed project location.
Joey Racano, 5t' Street, Huntington Beach, spoke in opposition to the Poseidon Desalination
Plant (Item A-3), calling the plant environmentally destructive because of its infrastructure ties to
the AES power generating plant. He also stated that the applicant will contract someone else to
construct the facility, and that the proposed location exists along an earthquake fault. He also
discussed the affects of brine being discharged into the ocean.
A. STUDY SESSION ITEMS
1. PLANNING DEPARTMENT WORK PROGRAM — Howard Zelefsky
Howard Zelefsky provided a summary of the Planning Department Work Program and
discussed how actual staff hours are dedicated and prioritized by division and project -
related activity. He informed the Commission that the annual number of staff hours
dedicated to the Planning Commission is approximately 200.
The Commission voiced concerns about the number of hours Code Enforcement spends
on complaints, and asked why rubbish accumulation falls within their jurisdiction. They
also inquired about universal dollar amounts associated with actual staff hours and
requested a financial breakdown that includes the estimated revenue generated by
issuing citations.
Mr. Zelefsky informed the Commission that the City Council provides final approval to the
prioritization of major projects, and that City Council approval is required on requests for
staff assistance that exceed four (4) hours of staff time.
Mr. Zelefsky informed the Commission that application fees are collected by the City to
pay for staffs time associated with project preparation and presentation and are not to be
considered a fee for profit.
Mr. Zelefsky informed the Commission that the City was currently conducting a study to
update/establish fully burdened rates for all City staff.
The Commission inquired about the status of past recommendations for Code
Amendments with a priority "C". Staff replied that with limited staff resources, the
request is not a priority.
Mr. Zelefsky explained the timeline process for entitlements, including State law
pertaining to permit streamlining requirements. He also made a comparison of the
number of planners in the Planning Department with other cities that are similar in size
and have comparable development activity (i.e., Anaheim, Irvine). He stated that
Huntington Beach's staff size per capita is one of the lowest in the County of Orange.
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April 22, 2003
Page 3
2. LOCAL COASTAL PROGRAM AMENDMENT NO. 01-01 / ZONING TEXT
AMENDMENT NO.01-05 / ENVIRONMENTAL ASSESSMENT NO.01-06
(BAY CLUB SPECIFIC PLAN) — Ricky Ramos
Ricky Ramos, Associate Planner, made a presentation to the Commission.
The Commission inquired as to why a mitigated negative declaration is necessary
instead of an environmental impact report? Staff explained that the environmental
assessment identified two (2) impacts which can mitigated: 1) geologic (fault line)
studies need to be updated; and 2) circulation problems experienced by area residents
on Warner Avenue. For all other issue areas impacts are either less than significant or
nonexistent.
The Commission asked if the Bay Club boat slips were exclusively available to the
public, and who is responsible for renting them out and collecting fees. Staff answered
that a large number of slips are rented out to the public, and that the property owner is
responsible for slip rental activity. The Commission asked about the California Coastal
Commission's involvement in establishing the area as public, rather than private
property.
Discussion ensued regarding Area "A" (residential), and "B° (parking, etc.) as depicted
on the project renderings presented by staff.
The Commission asked about the Warner Pond. Staff replied that the Pond was not
analyzed in the environmental assessment.
The Commission asked why the applicant was filing for a zoning text amendment. Staff
explained that the applicant was interested in obtaining approval for a land use
amendment prior to investing a significant amount of money on a development plan that
may not be considered by the City and California Coastal Commission. The
Commission asked staff to explain how much money the applicant is saving by
presenting the current request.
The Commission asked about a public waterway's association with a private marina and
discussion ensued regarding an easement agreement held by the property to keep a
marina on a public waterway.
Discussion ensued regarding residential density. Staff informed the Commission that
the property is proposing up to 11 residential units on 1.6 acres, equating to
approximately 7 units/acre.
The Commission voiced concerns about the applicant presenting a zoning text
amendment request that was incomplete due to the fact that no development project is
being proposed, and that decisions on entitlements should only be made if development
plans are presented in their entirety. Staff explained that the applicant's request for a
zoning text amendment within a specific plan area is considered a review for land use
purposes only, and cited examples of several similar requests. The Commission asked
if any legal issues lie behind action on such a request. Legal Counsel confirmed staffs
statement, but also advised the Commission not to offer opinions on the applicant's
project concept outside of a public hearing.
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April 22, 2003
Page 4
3. CONDITIONAL USE PERMIT NO.02-04 / COASTAL DEVELOPMENT
PERMIT NO.02-05 (POSEIDON DESALINATION PLANT) — Ricky Ramos
Commissioner Bohr excused himself from the item because of a possible conflict of
interest.
Ricky Ramos, Associate Planner, made a presentation to the Commission.
The Commission asked what the proposed landscape height was along the perimeter of
the project. Staff estimated 30 feet, referencing landscaping depicted on the project
plans.
The Commission asked if the tanks that currently exist on the subject property would be
removed. Staff replied that there is no requirement for tank removal outside of this
entitlement request.
The Commission asked what the distance was from the property line to Pacific Coast
Highway. Staff replied approximately 800 feet.
Discussion ensued regarding the timetable for processing the applicant's request.
The Commission asked the applicant to address concerns voiced by those who spoke
during Public Comments.
Billy Owens, Poseidon Resources Corp., started off by explaining why water removed
from Huntington Beach is routed through various water agencies to a regional
distribution station in Irvine. He discussed the project's benefits, including
neighborhood enhancement in a redevelopment area, generation of tax revenue, and
cleansed ocean water. He also informed the Commission that all water treatment is
contained, causing no outside odors. He stated that residents might come in contact
with particulate matter during construction, but that combustion engines that produce by-
products in an open-air environment will not be used or experienced during long-term
operations.
The Commission inquired about symbiosis with the AES Power Plant. Mr. Owens
explained that the desalination plant could operate independently (water intake and
discharge), without assistance from the AES Power Plant.
Mr. Owens confirmed that an easement agreement is in place on the subject property,
and described the project as an industrial use that is self contained and quiet, largely
with indoor activity, and that will produce only three (3) vehicles trips per day.
The Commission asked if all requirements were met with regard to noise. Mr. Owens
explained the testing measures done along the perimeter of the property.
Staff informed the Commission that the Orange County Regional Water Quality Control
Board and the California Coastal Commission have jurisdiction on regional water quality
and discharge respectively.
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April 22, 2003
Page 5
Commissioner Dingwall informed the Commission and public that EIR No. 00-02
(Poseidon Seawater Desalination Plant) was available on CD, and online at bixby.org
and contact-pro(cmindspring.com.
Mark Bixby, Huntington Beach resident, informed the Commission that tonight's agenda
was not posted on the City of Huntington Beach website, and spoke in favor of the
Commission allowing a two -week public review on major project staff report material.
A MOTION WAS MADE BY DINGWALL, SECONDED BY DAVIS, TO ALLOW A
MINIMUM OF TWO (2) WEEKS FOR THE PLANNING COMMISSION AND THE
PUBLIC TIME TO REVIEW STAFF REPORT INFORMATION ON ALL LARGE
PROJECTS REQUIRING A PUBLIC HEARING, BY THE FOLLOWING VOTE:
AYES: Davis, Stanton, Kokal, Dingwall, Ray
NOES: None
ABSENT: Bohr, Shomaker
ABSTAIN: None
MOTION PASSED
4. PLANNING COMMISSION STUDY SESSION PRIORITY LIST — Randy Kokal
A MOTION WAS MADE BY DAVIS, SECONDED BY DINGWALL, TO ACCEPT THE
PLANNING COMMISSION STUDY SESSION PRIORITY LIST AS PRESENTED BY
THE FOLLOWING VOTE:
AYES:
Davis, Stanton, Kokal, Dingwall
NOES:
None
ABSENT:
Bohr, Shomaker, Ray (Ray out of room)
ABSTAIN:
None
MOTION PASSED
B. CONSENT ITEMS
1. PLANNING COMMISSION MINUTES DATED MARCH 25, 2003
RECOMMENDED ACTION: Motion to: "Approve the March 25, 2003 Planning
Commission Minutes as submitted."
A MOTION WAS MADE BY DAVIS, SECONDED BY STANTON, TO APPROVE
PLANNING COMMISSION MINUTES DATED MARCH 25, 2003, BY THE
FOLLOWING VOTE:
AYES:
Davis, Stanton, Kokal, Dingwall
NOES:
None
ABSENT:
Bohr, Shomaker, Ray (Ray out of room)
ABSTAIN:
None
MOTION PASSED
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April 22, 2003
Page 6
C. PLANNING COMMISSION ITEMS
1. PLANNING COMMISSION COMMITTEE REPORTS
Commissioner Davis complimented the Design Review Board process.
Commissioner Ray announced the Earth Day Expo on Saturday, April 26, 2003 from
10:00 a.m. to 3:00 p.m. at the Huntington Beach Pier.
2. PLANNING COMMISSION COMMENTS
Commissioner Kokal inquired about bids from consultants preparing environmental
documents requiring an electronic version (CD Rom) of the document. Staff
confirmed that consultants are now required to include a CD Rom as part of their
deliverables with environmental bid packages, and that the change took place in
October 2002.
Commissioner Kokal asked the City Attorney if an opinion was formed regarding
Chairman selection seniority. The City Attorney replied no.
3. DISCUSSION ITEMS FOR FUTURE MEETINGS
PUBLIC COMMENT:
Ronald Satterfield, Huntington Street, Huntington Beach, spoke in support of the City
providing the public more time to review staff report information on large projects
with detailed analysis.
a. 180-day review of Old World Conditional Use Permit requirements — Bob
Dingwall
Commissioner Dingwall suggested that the 180-day review of Old World
Conditional Use Permit requirements be held in a public hearing forum. The
Commission decided to wait for the CUP compliance memo in 180 days.
b. Changing the Planning Commission agenda delivery process so that
packets are delivered to the Commission on Wednesdays prior to the
regularly scheduled meetings held on the second and fourth Tuesdays of
each month (similar to the City Council agenda packet delivery process) —
Bob Dingwall
After brief discussion, it was agreed that since the City Council and Planning
Commission timelines are similar, no change is necessary at this time.
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April 22, 2003
Page 7
AT 8:00 P.M., A MOTION WAS MADE BY DAVIS, SECONDED BY RAY, TO
MOVE FORWARD WITH ITEM NO.3.C., BY THE FOLLOWING VOTE:
AYES: Davis, Stanton, Kokal, Dingwall, Ray
NOES: None
ABSENT: Bohr, Shomaker
ABSTAIN: None
MOTION PASSED
c. Modified Public Hearing Process (mechanics thereof) — Bob Dingwall
A MOTION WAS MADE BY KOKAL, SECONDED BY DAVIS, TO DISCUSS
ITEM NO.3.C. AT A FUTURE STUDY SESSION, BY THE FOLLOWING VOTE:
AYES: Davis, Kokal, Dingwall, Ray
NOES: Stanton
ABSENT: Bohr, Shomaker
ABSTAIN: None
MOTION PASSED
7:00 P.M. — COUNCIL CHAMBERS: THE PLANNING COMMISSION WILL NOT CONVENE
IN THE CHAMBERS.
NO PUBLIC HEARING ITEMS
8:15 P.M. — ADJOURNMENT: Adjourn to the next regularly scheduled Planning
Commission meeting of May 13, 2003 at 5:15 p.m. in Room B-8, Lower Level, City Hall.
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AP P VED BY:
ward Zelefsky, Secretary
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