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HomeMy WebLinkAbout2003-05-27MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, MAY 27, 2003 HUNTINGTON BEACH CIVIC CENTER 2000 MAIN STREET, HUNTINGTON BEACH, CALIFORNIA 92648 5:15 P.M. - ROOM B-8 CALL PLANNING COMMISSION MEETING TO ORDER P A P P P P ROLL CALL Davis, Stanton, Koka/, Shomaker, Dingwall, Ray Commissioner Stanton arrived at 5:30 p.m. A. STUDY SESSION ITEMS 1. PLANNING COMMISSION GOALS & OBJECTIVES — Randy Kokal Discussion ensued regarding how City projects receive priority status. Staff explained that the City Council establishes priority and approves the content/prioritization of projects listed on the "Major Projects List" document distributed to the Commission by staff. The Commission informally discussed the Huntington Center and Edinger Corridor projects and decided to continue action on the Commission's Goals & Objectives. A MOTION WAS MADE BY DAVIS, SECONDED BY SHOMAKER, TO CONTINUE TO A DATE UNCERTAIN BY THE FOLLOWING VOTE: AYES: Davis, Kokal, Shomaker, Dingwall, Ray NOES: None ABSENT: Stanton ABSTAIN: None MOTION PASSED 2. DR. MATHIS WORKSHOP FOLLOW-UP — Randy Kokal A MOTION WAS MADE BY DAVIS, SECONDED BY DINGWALL, TO INCORPORATE WITH PLANNING COMMISSION GOALS & OBJECTIVES AND CONTINUE TO A DATE UNCERTAIN BY THE FOLLOWING VOTE: AYES: Davis, Kokal, Shomaker, Dingwall, Ray NOES: None ABSENT: Stanton ABSTAIN: None MOTION PASSED PC Minutes May 27, 2003 Page 2 3. ENVIRONMENTAL IMPACT REPORT NO.00-02/CONDITIONAL USE PERMIT NO. 02-04/COASTAL DEVELOPMENT PERMIT NO. 02-05 (POSEIDON SEAWATER DESALINATION PLANT) — Ricky Ramos Ricky Ramos, Associate Planner, made a presentation to the Commission. PUBLIC COMMENTS — Regarding Study Session portion of Meeting Don Schulz, Surfrider Foundation, voiced concerns about water quality and the notion that the proposed project would provide safe drinking water and improve bacteria levels in the ocean water near the AES Power Plant. He thanked Ricky Ramos for his assistance in providing information, and also voiced concerns about Poseidon's association with the AES, and what the permit guidelines issued to AES will allow. Bruce Monroe, Sierra Club, spoke in opposition to the item, voicing concerns about the regional affects of the proposed project. He provided a website address for interested parties wishing to review the Sierra Club's national policy on the environment, and also discussed the Club's position on reverse osmosis and desalination. He voiced concerns related to siting, entrainment, impingement, and outfall discharge. He referenced several special interest groups with similar concerns, and expressed concerns about decreased property values and quality of life. Randy Fuhrman, Roundhill Drive, spoke in opposition to the item and how it will affect Southeast Huntington Beach. He urged the Commission to consider alternate avenues to improve the area. He asked the Commission to consider how the City will benefit from approving the proposed project. He urged the Commission to postpone decision until further study was performed. Jan D. Vandersloot, Ocean Outfall Group, provided written material to the Commission and spoke in opposition to the item, calling the desalination process flawed because of the brine being put back into the ocean. He discussed how the proposed project would impact the AES Power Plant discharge and harm the marine environment. He urged the Commission to postpone action on the item until certain information is gathered The Commission asked Dr. Vandersloot about salinity calculations. Dr. Vandersloot referenced a section of the EIR that reports worst -case salinity conditions. Don May, California Earth Corps, voiced concerns about how the proposed project will affect California Earth Corps wetland restoration project near the proposed project area. He informed them of property acquisition and discussed issues related to the Talbert Marsh, sand bar removal, estuary bacteria and the increased lighting that may divert wildlife from the wetlands area. WITH NO ONE ELSE PRESENT TO SPEAK, PUBLIC COMMENTS WERE CLOSED. Questions/comments included: ■ What is the velocity of water in the intake pipe? ■ Has there been an investigation for bacteria within the AES Power Plant outflow? ■ Where does the City's jurisdiction end in the ocean waters, and how does that affect permitting on the water intake line? (Mean high tide line; seaward of mean (03p=0527) PC Minutes May 27, 2003 Page 3 high tide line is under the jurisdiction of the California Coastal Commission. Discharge is regulated by the Santa Ana Regional Water Quality Control Board). 4. AGENDA REVIEW -Herb Fauland provided a brief overview of the agenda for the public hearing portion for tonight's meeting. 6:30 P.M. - RECESS FOR DINNER 7:00 P.M. - CITY COUNCIL CHAMBERS PLEDGE OF ALLEGIANCE P P P P P P ROLL CALL: Davis, Stanton, Koka/, Shomaker, Dingwall, Ray AGENDA APPROVAL Commissioner Dingwall presented a resolution thanking City staff for their involvement in expeditiously providing the public information on significant projects to allow full and complete public scrutiny prior to action by the Planning Commission during the public hearing process. A. ORAL COMMUNICATIONS Dean Albright, Breda Lane, Huntington Beach, discussed issues related to Public Hearing Item Nos. B-2A&B (Poseidon Seawater Desalination Plant), including the information provided by the Orange County Sanitation District relative to marine life and water temperature. Mark Bixby, Hillgate Lane, Huntington Beach, discussed information located on the City website, and voiced concerns related to Public Hearing Item Nos. B-2A&B (Poseidon Seawater Desalination Plant). B. PUBLIC HEARING ITEMS - PROCEDURE: Commission Disclosure Statement(s), Staff Report Presentation, Commission Questions, Public Hearing, Discussion/Action. B-1. CONDITIONAL USE PERMIT NO.03-09 (IBIZA RESTAURANT - DANCING): Applicant: Jeff Bergsma Request: To permit dancing in conjunction with existing live entertainment on two 50 square -foot dance floors; one within an existing 2,767 square foot restaurant and one on the 2,530 square foot rooftop deck. The request includes participation in the Downtown Parking In -Lieu Fee program for two additional parking spaces required for the proposed dance floor. Location: 209 Main Street (West of Main Street, north of Walnut Avenue). Project Planner: Paul Da Veiga, Associate Planner Conditional Use Permit No. 03-09 request: - Permit dancing within the restaurant and on the rooftop deck, in conjunction with existing live entertainment on two 50 square -foot dance floors. (03pom0527) PC Minutes May 27, 2003 Page 4 Participation in the Downtown Parking In -Lieu Fee program for two additional parking spaces required for the proposed dance floor use. Staff's Recommendation: Approve Conditional Use Permit No. 03-09 with modifications, based upon the following: - Dancing within the restaurant will comply with the Downtown Specific Plan and Downtown Parking Master Plan. - Dancing within the restaurant in conjunction with existing live entertainment will not impact surrounding properties as conditioned. - The restaurant use with entertainment and dancing is consistent with the Mixed Use General Plan Land Use designation. • Staffs Suggested Modifications: Conditional Use Permit No. 03-09 - Prohibit dancing on a 50 square foot rooftop dance floor based on potential noise impacts to nearby residences. Commissioner Shomaker excused herself from action on the item due to a possible conflict of interest. Paul DaVeiga, Associate Planner, made a presentation to the Commission. Questions/comments included: ■ Status of roof top deck construction? ■ Live entertainment limitations ■ Parking in -lieu fees THE PUBLIC HEARING WAS OPENED: Charles Halford, 5t' Street, Huntington Beach, spoke in opposition to rooftop entertainment because his home lies within 60 feet of the restaurant. He also stated that he would not be opposed to dancing inside the facility if the hours were reasonable. The Commission asked if noise measurements complied with City dba standards. Staff confirmed. John Gallagher, Ibiza, property owner, spoke in support of the item. He congratulated the City on certain major projects and developments, and urged the Commission to approve the request for live entertainment to improve tourism downtown. He cited examples of other cities with similar nighttime activity. Norm Westwell spoke in support of the applicant's request and called Huntington Beach a destination city that attracts visitors after dark. He stated that several downtown establishments with similar activity have had no adverse effects on downtown residences. William Gallegos, Little Harbor Drive, Huntington Beach, spoke in opposition to rooftop dancing because of the noise associated with live entertainment, and it's effects on neighboring residents. (03pam0527) PC Minutes May 27, 2003 Page 5 Phil Gallegos, Little Harbor Drive, Huntington Beach, spoke in opposition to rooftop dancing because of the noise associated with live entertainment, and it's effects on neighboring residents. Rick Wheatley, 5t' Street, Huntington Beach, spoke in opposition to the item because of noise and privacy issues he experiences at his home which lies 35 feet from the Ibiza Restaurant. Michael Niccole, Ibiza, spoke in support of the item if hours of entertainment were reasonable and closely monitored. Robb Bamitt, 5"' Street, Huntington Beach, spoke in opposition to the item because of noise and privacy issues. WITH NO ONE ELSE PRESENT TO SPEAK, THE PUBLIC HEARING WAS CLOSED. The Commission asked Mr. Gallagher why the request included rooftop dancing. Mr. Gallagher responded that rooftop dancing is popular at seaside resorts in Europe. He also stated that he was open to expanding the inside dance floor, and was willing to remove the request for rooftop dancing in consideration of the residents who live adjacent to the restaurant. A MOTION WAS MADE BY RAY, SECONDED BY DAVIS, TO APPROVE CONDITIONAL USE PERMIT NO.03-09 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL (REMOVE ROOFTOP DANCING ELEMENT), BY THE FOLLOWING VOTE: AYES: Davis, Stanton, Kokal, Dingwall, Ray NOES: None ABSENT: None ABSTAIN: Shomaker MOTION PASSED FINDINGS AND CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 03-09 FINDINGS FOR PROJECTS EXEMPT FROM CEQA: The Planning Commission finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines, which states that operation and minor alteration to existing structures involving negligible or no expansion are exempt from further environmental review. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 03-09: 1. Conditional Use Permit No. 03-09 to permit a 50 square -foot dance floor within the restaurant, in conjunction with existing live entertainment including participation in the Downtown Parking In -Lieu Fee program for an additional parking space required for the dance floor use, will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and (03p=0527) PC Minutes May 27, 2003 Page 6 improvements in the neighborhood. The proposed uses will not create adverse noise or parking impacts to the surrounding businesses and residents based on the restrictions on hours of operation and the conditions of approval regulating noise generation in the entertainment permit and conditional use permit. The proposed 50 square foot dance floor will accommodate approximately 7 to 10 people at a time, and based on the limited size of the dance floor, its use is ancillary to that of the restaurant operation. In addition, the availability of a variety parking opportunities currently exist along Main Street and surrounding streets as well as within public parking structures in proximity to the subject site. 2. The proposed 50 square -foot dance floor in conjunction with existing live entertainment will be compatible with surrounding uses. The dance floor will be located within the restaurant and will be required to comply with strict conditions of approval imposed and monitored by the Planning Commission, Alcoholic Beverage Control (ABC) and Huntington Beach Police Department to assure impacts to surrounding properties are minimized. In addition, the proposed use would not result in noise impacts based on the mixed -use character of commercial developments in the downtown. Several conditions of approval such as requiring that all doors and windows remain closed during live entertainment, and regulating the hours of operation, have been included in the Entertainment Permit to ensure compatibility with surrounding businesses and residents. 3. The proposed restaurant will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance and any specific condition required for the proposed use in the district in which it will be located. The proposed use will comply with parking in the Downtown Parking Master Plan and will be accommodated through payment of parking in -lieu fees based on the size of the proposed dance floor. There is no physical development proposed as part of the request and the existing restaurant complies with all building occupancy/exiting requirements. 4. The granting of the conditional use permit will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Mixed Use on the subject property including the following policies and objectives identified in the General Plan: A. Land Use Element Policy LU 7.1.1 Accommodate existing uses and new development in accordance with the Land Use and Density Schedules. Obiective LU 7.1 Accommodate the development of a balance of land uses that (a) provides for the housing, commercial, employment, cultural, entertainment, and recreation needs of existing and future residents, (b) provides employment opportunities for residents of the City and surrounding subregion, (c) captures visitor and tourist activity, and (d) provides open space and aesthetic relief from urban development. Goal LU 11 Achieve the development of projects that enable residents to live in proximity to their jobs, commercial services, and entertainment, and reduce the need for automobile use. (03p=0527) PC Minutes May 27, 2003 Page 7 The proposed dancing in association with existing live entertainment will allow the establishment to expand on its services to its patrons and surrounding residents, and provides a new entertainment venue within the Downtown. B. Coastal Element Policy C 3.2.3 Encourage the provision of a variety of visitor -serving commercial establishments within the Coastal Zone, including but not limited to, shops, restaurants, hotels and motels, and day spas. The proposed dancing in association with existing live entertainment increases the commercial viability of the existing restaurant use allowing for its continued success within the Downtown, and expands its available amenities to its patrons. CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO.03-09: 1. The site plan and floor plans received and dated February 6, 2003 shall be the conceptually approved layout with the following modifications: a. The dance floor shall be eliminated from the roof deck plan. 2. Prior to commencing dancing, the following shall be provided: a. A copy of an approved Entertainment Permit, as issued by the Police Department, shall be submitted to the Planning Department. b. Proof of the change on the ABC license shall be provided to the Planning Department. (PD) c. A Certificate of Occupancy must be approved by the Planning Department and issued by the Building and Safety Department prior to occupying the building. d. The property owner shall submit an In -Lieu Parking Fee Participation Agreement to the Planning Department. The agreement shall be reviewed and approved by the City Attorney as to form and content and, when approved, shall be recorded in the Office of the Orange County Recorder. The recorded agreement shall remain in effect for the term specified, except as modified or rescinded pursuant to the expressed written approval of the City of Huntington Beach. (City Council Resolution Nos. 6720 and 6721) e. A copy of the recorded In -Lieu Parking Fee Participation Agreement and proof of full payment to the City Treasurer shall be submitted to the Planning Department. (Code Requirement) 3. The business shall not be in operation after 2 a.m. and shall not begin operation prior to 8 a.m. (PD) 4. Any increase in occupancy loading will require separate review and approval by the Fire Department. (FD) 5. All existing paths of egress shall be maintained during times of live entertainment and dancing. (FD) 6. The use shall comply with the following: a. No dancing shall be allowed on the rooftop outdoor dining deck. (03p=0527) PC Minutes May 27, 2003 Page 8 b. There shall be no queuing lines formed by patrons, which encroach onto the public right of way. c. There shall be no dumping of trash to outdoor dumpsters between 8:00 PM and 7:00 AM. d. All conditions of the Entertainment Permit as approved by the Police Department. 7. All conditions of approval under Entitlement Plan Amendment No. 00-11 shall remain in effect with the exception of Condition 4.d which prohibits patron dancing. 8. The Planning Director ensures that all conditions of approval herein are complied with. The Planning Director shall be notified in writing if any changes to the site plan, elevations and floor plans are proposed as a result of the plan check process. Building permits shall not be issued until the Planning Director has reviewed and approved the proposed changes for conformance with the intent of the Planning Commission's action and the conditions herein. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Planning Commission may be required pursuant to the HBZSO. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Conditional Use Permit No. 03-09 shall not become effective until the ten -calendar day appeal period has elapsed. 2. Conditional Use Permit No. 03-09 shall become null and void unless exercised within one year of the date of final approval which is May 28,2004, or such extension of time as may be granted by the Director pursuant to a written request submitted to the Planning Department a minimum 30 days prior to the expiration date. 3. The Planning Commission reserves the right to revoke Conditional Use Permit No. 03-09 pursuant to a public hearing for revocation, if any violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs. 4. All applicable fees from the Building, Public Works, and Fire Departments shall be paid prior to the issuance of Building Permits. 5. The development shall comply with all applicable provisions of the Municipal Code, Building Division, and Fire Department as well as applicable local, State and Federal Fire Codes, Ordinances, and standards, except as noted herein. 6. The applicant shall submit a check in the amount of $43.00 for the posting of the Notice of Exemption at the County of Orange Clerk's Office. The check shall be made out to the County of Orange and submitted to the Planning Department within two (2) days of the Planning Commission's action. (03p=0527) PC Minutes May 27, 2003 Page 9 B-2a. ENVIRONMENTAL IMPACT REPORT NO.00-02 (POSEIDON SEAWATER DESALINATION PLANT): Applicant: Poseidon Resources Corporation Request: To analyze the potential environmental impacts associated with the implementation of the proposed project. Location: 21730 Newland (east side, south of Edison Avenue) Proiect Planner: Ricky Ramos, Associate Planner Environmental Impact Report No. 00-02 (EIR No. 00-02) request: - Analyze the potential environmental impacts associated with a request to construct a 50 million gallons per day (MGD) seawater desalination plant including a 10,120 square foot administration building, a 38,090 square foot reverse osmosis building, a 36,305 square foot product water storage tank, and miscellaneous accessory structures on an approximately 11 acre site. The project also includes up to 10 miles of water transmission lines to connect to an existing regional transmission system, and two off - site booster pump stations. - Documents potential impacts to Land Use/Relevant Planning, Geology/Soils/Seismicity, Hydrology and Water Quality, Air Quality, Noise, Public Services and Utilities, Aesthetics/Light and Glare, Hazards and Hazardous Materials, and Construction Related Impacts. - Evaluates four alternatives to the original project proposal. - Concludes that the project results in no environmental impacts or less than significant environmental impacts in the areas of Agricultural Resources, Air Quality (long-term), Biological Resources, Cultural Resources, Hazards and Hazardous Materials, Land Use/Relevant Planning, Mineral Resources, Population and Housing, Recreation, and Transportation/Traffic. - Concludes that potential impacts can be mitigated to less than significant levels in the areas of Geology/Soils/Seismicity, Hydrology and Water Quality, Noise, Public Services and Utilities, Aesthetics/Light and Glare, and Construction Related Impacts. - Concludes that potential impacts cannot be mitigated to less than significant levels in the area of Short -Term Construction Related Emissions. Staffs Recommendation: Certify EIR No. 00-02 as adequate and complete and adopt a Statement of Overriding Considerations based upon the following: - Compliance with California Environmental Quality Act (CEQA) - Compliance with the City of Huntington Beach General Plan goals, policies, and objectives - Compliance with the City of Huntington Beach Zoning and Subdivision Ordinance - Potentially significant environmental impacts have been eliminated or substantially lessened - Remaining significant unavoidable impacts are found to be acceptable due to overriding considerations - Benefits of the project are balanced against its unavoidable environmental impacts Ricky Ramos, Associate Planner, made a presentation to the Commission. (03p=0527) PC Minutes May 27, 2003 Page 10 THE PUBLIC HEARING WAS OPENED: Norm Westwell spoke in support of the item and urged the Commission to approve Environmental Impact Report (EIR) No. 00-02. Joe Geever, Surfrider Foundation, voiced concerns about the how the water intake and cooling system will affect marine life. He also stated that the EIR did not indicate who the final recipient of processed water would be, and inadequately address the growth inducement element. He urged the Commission to postpone the item until further study was done. Mark Bixby, Hillgate Lane, Huntington Beach, spoke in opposition to the item citing lack of trust in private water companies, brine and water quality issues, and cleaning solution being added to the ocean water. He suggested a condition of approval be added that all cleaning solutions be discharged through the Orange County Sanitation District (OCSD). Ed DeMeulle, Southeast Huntington Beach Neighborhood Association, urged the Commission to postpone the item. Randy Furhman, Roundill Drive, Huntington Beach, voiced concerns about the EIR reporting no negative impacts. He discussed the bacterial plume and urged the Commission postpone their decision on the item until more research was done. Bruce Monroe, Sierra Club, spoke in opposition to the item, informing the Commission that a meeting of the Santa Ana Regional Water Quality Control Board (SARWQCB) would be held on Thursday, May 29, 2003 to discuss water quality. He stated that the SARWQCB provides opinion on a case -by -case basis, and that a study on regional water was scheduled for release in September 2003. Deborah Zisch, Niguel Circle, spoke in opposition to another industrial project being constructed in a redevelopment area, and urged the Commission to consider another commercial use similar to Wal-Mart or the recently approved Strand project. Jan D. Vandersloot, Ocean Outfall Group, urged the Commission to approve Alternate Action "B" (continue certification and direct staff accordingly). He stated that the EIR was incomplete, and that recommendations by the California Coastal Commission were not known and should be considered as part of the certification process. Larry Porter, Ocean Outfall Group, spoke in opposition to the item and discussed the outfall conditions associated with OCSD and the AES Power Plant facilities. He distributed informational handouts and made an overhead projected presentation informing the Commission of noticeable discharge products. Don May, California Earth Corps, spoke in opposition to the item. He voiced concerns that the wetlands restoration project adjacent to the proposed project site was not discussed in the EIR. He also discussed additional impacts such as light, noise, and public access, along with possible mitigation measures. (03p=0527) PC Minutes May 27, 2003 Page 11 Stephanie Barger, Earth Resource Foundation, urged the Commission to postpone the item. She discussed the lack of water conservation efforts in place, including drought resistant landscaping, and provided information on the number of gallons discharged by the OCSD per day. Monika Galluccio, Southeast Huntington Beach Neighborhood Association, urged the Commission to postpone the item. She discussed the wetlands restoration project and voiced concerns about pollution affecting the ocean water quality near the AES Power Plant between Newland and Magnolia. David Guido, Lochlea Lane, Huntington Beach, urged the Commission to postpone the item and conduct further study within the EIR on salinity levels within the Pacific Ocean. John F. Scott, Southeast Huntington Beach Neighborhood Association, spoke in opposition to the item and informed the Commission of the number of beach closures in 2001 due to poor water quality near the AES Power Plant. He discussed pollutants discharged by OCSD and AES, and the reverse osmosis plan in place by the Orange County Water District. Tim Anderson, 14t' Street, Westminster, spoke in opposition to the item proposing that the City build down by opposing future projects. Billy Owens, Applicant, Poseidon Resources, made a PowerPoint presentation and spoke in support of the item. He informed the Commission that all items questioned during the response to comments period in September 2002 had been addressed, and that the EIR deserves certification. Ron Van Blarcom, legal counsel for Poseidon Resources, spoke in support of the item, pointing out that many of the issues and concerns being addressed have been repeatedly covered within the EIR in several different areas. He also informed the Commission that the EIR is meant to disclose information, not provide opinion. Dr. Scott Jenkins, Scripps Institute of Oceanography spoke in support of the item. He discussed his studies of the climate history and flow rates of California rivers, sea salt removal and how it affects bacteria content, and the effects of water temperature which creates a "plume" affect and is measured through state-of-the- art technology. He stated that the proposed project would increase sea salt outfall by 10%. The Commission asked Dr. Jenkins to explain what causes ocean water pollution in front of the AES Power Plant. Dr. Jenkins stated that the cause is unknown, but explained that the Plant is responsible for meeting the standards and conditions associated with the National Pollution Discharge Elimination System (NPDES) permit process. Dr. Jenkins also discussed urban runoff and the chemical analysis of constituent parts affecting the AES Power Plant intake pipes. Nikolay Voutchkov, Poseidon Resources, spoke in support of the item. He discussed source water intake compounds (organics, heavy metals, toxic compounds) to identify water quality and discharge water quality, and information (03p=0527) PC Minutes May 27, 2003 Page 12 related to sample collection during the 2.5 year Sanitary Survey documented within the EIR. He noted that water samples were collected from the Santa Ana Riverbed, Talbert Marsh and AES Power Plant outtake discharge. The Commission again asked Dr. Jenkins to explain what causes the poor water quality in front of the AES Power Plant. Dr. Jenkins again stated that the cause was unknown, and that the Commission should not let existing conditions inhibit future possibilities in water quality improvement within that area. Dr. Jeffrey Graham, Scripps Institute of Oceanography spoke in support of the item. Dr. Graham is an expert in the way organisms adapt to a change in their environment. He indicated that the findings within the EIR are accurate, and discussed salinity ranges, citing areas studied for high saline content. The Commission asked the Scripps Institute consultants to explain the level of metallic or unnatural by-product compounds concentrated within discharge water. Dr. Voutchkov referenced Table 4.2 on page E-55 within the EIR Appendices, and discussed treatment and/or removal procedures. He also mentioned that the SARWQCB guidelines dictate the maximum level of compounds (weak acids and sulfuric acids) allowable for potable water. Dr. Jenkins discussed water flow rates between the AES Power Plant and the proposed Poseidon Desalination Plant during worse case conditions. Eileen Murphy, Bolsa Chica Land Trust, urged the Commission to postpone action on the item until further information/data was collected. Staff read into the record late communication from Robert Thomas in opposition to the item. WITH NO ONE ELSE PRESENT TO SPEAK, THE PUBLIC HEARING WAS CLOSED. Discussion ensued regarding jurisdiction over the review and regulation of various aspects of the project. The Commission inquired about the differences in standards between intake and outfall discharge permits. The Commission asked about the impacts of lead accumulation, and suggested that the applicant consider additional treatment to reduce lead concentration before discharging into the ocean. Consultants explained that the SARWQCB regulates the allowable concentration levels in discharge water. Kevin Thomas, RBF Consultants, ensured the Commission that staff, outside consultants and reporting agencies have provided an adequate level of review on the proposed project. The Commission discussed the benefits of capturing additional constituent material during the desalination process. Consultants explained that with minimal impact on the environment, increased removal of constituent material is unnecessary. (03pom0527) PC Minutes May 27, 2003 Page 13 The Commission asked if their authority included the right to impose conditions of approval pertaining to the portion of the project seaward of the mean high tide line. Staff and consultants responded that establishing conditions on an area outside of the Commission's jurisdiction was not possible. The Commission asked about the California Coastal Commission's jurisdictional boundaries for ocean water. Staff answered that the boundary line begins at the mean high tide line and ends 3 miles outward. Kevin Thomas called Huntington Beach the lead agency for the proposed project, granting them the authority to provide analysis and impose conditions. However, outside jurisdictional agencies, at their own discretion, may request further analysis, including a new EIR. Discussion ensued regarding how the project relates to Growth Inducing Impacts, located on Section 5.2 of the EIR. Kevin Thomas explained the relationship of water supply to regional planning documents. He stated that because regional planning authorities report that California's future water demand is so severe, and that integration of the proposed water supply 24 hours per day will help alleviate shortage in Orange County, the proposed project is not considered to cause a growth inducing impact. If the proposed project were considered growth inducing, mitigation measures would have been provided within the EIR. The Commission asked if any contracts are in place with end users. The applicant confirmed that one preliminary agreement has been entered into with the Santa Margarita Water District for the projected water supply for future development in South Orange County. Benchmark housing figures were provided. The Commission asked staff and consultants to respond to California Earth Corps communication dated May 27, 2003 identifying 14 elements within the EIR that they feel do not meet CEQA requirements. Charles Mitchell, MBC Consulting, discussed outflow temperature guidelines followed by the AES Power Plant, including intake to outflow temperature differential, ambient conditions and thermal mapping. A MOTION WAS MADE BY RAY, SECONDED BY SHOMAKER, TO CONTINUE ENVIRONMENTAL IMPACT REPORT NO.00-02 (POSEIDON SEAWATER DESALINATION PLANT) WITH PUBLIC HEARING CLOSED TO JUNE 3, 2003, BY THE FOLLOWING VOTE: AYES: Davis, Stanton, Kokal, Shomaker, Dingwall, Ray NOES: None ABSENT: None ABSTAIN: None MOTION PASSED (03p=0527) PC Minutes May 27, 2003 Page 14 B-2b. CONDITIONAL USE PERMIT NO.02-04/COASTAL DEVELOPMENT PERMIT NO.02-05 (POSEIDON SEAWATER DESALINATION PLANT): Applicant: Poseidon Resources Corporation Request: To construct a 50 million gallons per day seawater desalination plant including a 10,120 sq. ft. administration building, a 38,090 sq. ft. reverse osmosis building, a 36,305 sq. ft. product water storage tank, and miscellaneous accessory structures on an 11 acre lease area. The proposed improvements include up to four miles of water transmission lines in Huntington Beach, one mile of which will be within the Coastal Zone, to connect to an existing regional transmission system in Costa Mesa. The project also includes perimeter landscaping and fencing along Newland Street and Edison Avenue. Location: 21730 Newland (east side, south of Edison Avenue) Project Planner: Ricky Ramos, Associate Planner • Conditional Use Permit No. 02-04 and Coastal Development Permit No. 02- 05 request: - To permit a seawater desalination plant which includes construction of a 10,120 square foot administration building, a 38,090 square foot reverse osmosis building, a 36,305 square foot product water storage tank, and miscellaneous accessory structures to produce 50 million gallons per day (MGD) of potable water. - Improvements also include water transmission lines to an existing regional transmission system and perimeter landscaping and fencing along the project's frontage on Newland Street and Edison Avenue. Staffs Recommendation: Approve Conditional Use Permit No. 02-04 and Coastal Development Permit No. 02-05 based upon the following: - The project is compatible with surrounding uses and is buffered from residential and other sensitive uses by significant setbacks, perimeter landscaping, and fencing. - The project will improve the appearance of the area by demolishing three existing 40-foot high fuel storage tanks and replacing them with lower profile, modern, and more attractive structures. - The proposed structures are in substantial compliance with the Design Guidelines by employing variations in form, building details, colors, and materials that create visual interest. The design is carried through all the structures including the architectural screen for all the tanks for a unified theme. This coupled with the 10-foot perimeter landscape planter and screen wall will enhance the overall appearance of the site compared to the existing condition. - All other impacts pertaining to noise, light/glare, odors, and use of chemicals are addressed to avoid detrimental impacts to the area. - The project is consistent with the General Plan Land Use designation of P (Public) for the site. - The project is consistent with General Plan and Coastal Element goals, policies, and objectives. - The project conforms to the requirements of the Coastal Zone Overlay and will not impede access to the coast or any public recreation opportunities in the area. (03p=0527) PC Minutes May 27, 2003 Page 15 A MOTION WAS MADE BY RAY, SECONDED BY SHOMAKER, TO CONTINUE CONDITIONAL USE PERMIT NO.02-04 AND COASTAL DEVELOPMENT PERMIT NO.02-05 (POSEIDON SEAWATER DESALINATION PLANT) TO JUNE 3, 2003, BY THE FOLLOWING VOTE: AYES: Davis, Stanton, Kokal, Shomaker, Dingwall, Ray NOES: None ABSENT: None ABSTAIN: None MOTION PASSED ADJOURNMENT: The meeting adjourned at 11:10 p.m. to June 3, 2003 at 7:00 p.m., City Council Chambers, Huntington Beach Civic Center. HZ: H F: rl APPROVED BY: Ho and Zelefsky, Secretary (03p=0527)