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HomeMy WebLinkAbout2003-06-03MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, JUNE 3, 2003 HUNTINGTON BEACH CIVIC CENTER 2000 MAIN STREET, HUNTINGTON BEACH, CALIFORNIA 92648 7:00 P.M. — CITY COUNCIL CHAMBERS — The meeting was called to order at 7:10 p.m. PLEDGE OF ALLEGIANCE P P P P P P ROLL CALL: Davis, Stanton, Kokal, Shomaker, Dingwall, Ray AGENDA APPROVAL A. ORAL COMMUNICATIONS Julie Bixby, Hillgate Lane, thanked staff for posting the Planning Commission Agenda on the City's website and made suggestions on how to improve its location. Don McGee, Ocean Outfall Group, spoke in opposition to Public Hearing Item No. B-1 a (Environmental Impact Report No. 00-02/Poseidon Seawater Desalination Plant). Dean Albright, Breda Lane, spoke in opposition to Public Hearing Item No. B-1a (Environmental Impact Report No. 00-02/Poseidon Seawater Desalination Plant). Chris Jepson, Huntington Beach, spoke in opposition to Public Hearing Item No. B-1 a (Environmental Impact Report No. 00-02/Poseidon Seawater Desalination Plant). John Mills, Irvine Ranch Water District, spoke in opposition to Public Hearing Item No. B-1a (Environmental Impact Report No. 00-02/Poseidon Seawater Desalination Plant). B. PUBLIC HEARING ITEMS - PROCEDURE: Commission Disclosure Statement(s), Staff Report Presentation, Commission Questions, Public Hearing, Discussion/Action. A MOTION WAS MADE BY DAVIS, SECONDED BY SHOMAKER, TO REOPEN THE PUBLIC HEARING ON ITEM NO. B-1A (ENVIRONMENTAL IMPACT REPORT NO. 00-02 -- POSEIDON SEAWATER DESALINATION PLANT, CONTINUED FROM MAY 27, 2003 WITH PUBLIC HEARING CLOSED), AND COMBINE WITH PUBLIC HEARING ITEM NO. B-1 B (CONDITIONAL USE PERMIT NO.02-04/COASTAL DEVELOPMENT PERMIT NO. 02-05 -- POSEIDON SEAWATER DESALINATION PLANT, CONTINUED FROM MAY 27, 2003), BY THE FOLLOWING VOTE: AYES: Davis, Stanton, Kokal, Shomaker, Ray NOES: Dingwall ABSENT: None ABSTAIN: None MOTION PASSED (03p=0603) PC Minutes June 3, 2003 Page 2 B-1a. ENVIRONMENTAL IMPACT REPORT NO.00-02 (POSEIDON SEAWATER DESALINATION PLANT - CONTINUED FROM MAY 27, 2003 WITH PUBLIC HEARING CLOSED): 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) Proiiect Planner: Ricky Ramos, Associate Planner RECOMMENDATION: Motion to: "Certify EIR No. 00-02 as adequate and complete in accordance with CEQA requirements by approving Resolution No. 1581." Ricky Ramos, Associate Planner, made a presentation to the Commission by outlining Response to Comments included in the May 27, 2003 staff reports, and response to issues raised at the May 27, 2003 Planning Commission meeting. Mary Beth Broeren, Principal Planner, and Kevin Thomas, RBF Consulting, were available to comment or answer questions. THE PUBLIC HEARING WAS OPENED: Billy Owens, Poseidon Resources (applicant), spoke in support of the item. He discussed the number of agencies involved in a project of this type and size, identified three (3) major sources to the California water system, ground water stress factors, saltwater intrusion, Metropolitan Water District (MWD) future supply/demand, and drought insurance. He explained the deciding factors behind Poseidon's choice of location, including use of the existing AES facility for water intake/outfall, zoning and land use consistency, and access to the regional water system. He stated that the proposed project would provide economic benefits and area improvement by heightening coastal cleanliness. Joe Geever, Surfrider Foundation, spoke in opposition to the item. He voiced concerns related to the Growth Inducement Element of the EIR and purchase of water from the Santa Margarita Water District, runoff within the watershed, and marine life mortality caused by the proposed cooling process. Rich Kolander, Strathmoor Lane, spoke in support of the item. He discussed past environmental projects considered controversial, citing the Ford Plant in Dearborne, Michigan as an example of cutting -edge technology whose initial harmful environmental impacts through production of carbon monoxide causing air pollution later served as a gateway to the transportation revolution. Greg Jewell, Surfrider Foundation, spoke in opposition to the item, urging the Commission to consider alternate locations. He also provided comments on build -out within Orange County, and the proposed project's impact on the Orange County Sanitation District (OCSD). Randy Furman, Roundhill Drive, spoke in opposition to the item. He suggested the proposed project area be upgraded with support from the City's Redevelopment Agency. He voiced concerns about the project's impact on coastal water, and its lack of financial benefits to the City. He urged the Commission to consider alternate locations. (03p=0603) PC Minutes June 3, 2003 Page 3 Don May, California Earth Corps, spoke in opposition to the item. He expressed concerns about the EIR ignoring the project's growth -inducing impacts. He stressed the importance of comments from outside agencies that classified certain areas within the EIR as incomplete. He called the EIR inadequate and urged the Commission to deny the request for certification. Larry Porter, Ocean Outfall Group, spoke in opposition to the item. He showed slides to demonstrate the location of the OCSD discharge plume. He voiced concerns about the project's benefits to the City, and urged the Commission to deny the request for certification of the EIR. Ron Van Blarcom, CEQA Attorney for Poseidon Resources, spoke in support of the item. He explained that mitigation measures related to AES Power Plant operations were not identified as significant. He discussed jurisdictional parameters, stating that CEQA does not grant power to agencies outside their jurisdiction and, that project findings, conditions, mitigation measures, etc. may be imposed by other agencies. He also discussed the nexus between the project and legitimate government interests. Dr. Jeffrey Graham, Poseidon Resources, spoke in support of the item. He explained that the lack of warning signs for negative impacts caused by the project through scientific analysis does not support the need for mitigation measures. He also cited examples of marine life that performs well near areas with a high salinity factor. Elaine Archibald, Poseidon Resources, spoke in support of the item. She provided credentials and discussed analysis on intake water quality provided in the Sanitary Survey. She assured the Commission that studies show that the proposed project will provide no connection between beach closures due to high-level bacteria and the process of desalination. Nikolay Voutchkov, Poseidon Resources, spoke in support of the item. He addressed concerns voiced by the Irvine Ranch Water District (IRWD) and conditions of approval issued by the State Department of Health Services. He also discussed safe drinking water standards and how various water sources are integrated. Dr. Scott Jenkins, Poseidon Resources, spoke in support of the item. He substantiated the project's need by discussing California's threatened water supply. He discussed on- shore and offshore flow patterns, explaining that the maximum wastewater discharge from the OCSD takes place off shore. He also discussed salinity levels in the offshore plume. WITH NO ONE ELSE PRESENT TO SPEAK, THE PUBLIC HEARING WAS CLOSED. THE COMMISSION TOOK A BRIEF RECESS. Commissioners Davis, Stanton, Kokal, Shomaker, Dingwall and Ray made project disclosures, including speaking with the applicant, related associates and numerous members of the public, and touring the project facility. Commissioner Dingwall also spoke with representatives from the California Coastal Commission (CCC) and the IRWD. The Commission asked Ron Van Blarcom, CEQA Attorney for Poseidon to explain earlier statements about appropriate language to approve or deny certification of the EIR. Mr. Van Blarcom explained that the main purpose of an EIR is to properly disclose (03p=0603) PC Minutes June 3, 2003 Page 4 impacts, therefore necessary language to certify the document should include that the EIR either provides "proper or improper disclosure of impacts". The Commission asked John Hills, official representative for the IRWD, to substantiate his concerns about Poseidon's high sodium and chloride content mixing into IRWD's wastewater distribution system, causing the IRWD to violate permit requirements by exceeding acceptable chemical limits established by the State of California. Billy Owens, Poseidon Resources, explained that IRWD would most likely receive Poseidon water through source intake by the MWD, and that a formal agreement to purchase water for commercial purposes had not been discussed. The Commission asked if a mitigation measure would be appropriate within the EIR that protects outside agencies that receive Poseidon water. Mr. Hills urged Poseidon to resolve sodium and chloride issues prior to EIR certification. Corrosion control was discussed, including elevated lead and copper content levels. The Commission asked if pipe corrosion was highly likely. Mr. Hills replied that the proposed project would increase risk factors, but that the data type could not be quantified. The Commission asked if the EIR is conditioned upon affects to other agencies and/or end users. Staff suggested that at the Commission's request, a generic mitigation measure could be included in an appropriate area of the EIR that addresses regional agency's acceptance of water. Nicolay Voutchkov, Poseidon Resources, was asked to provide a brief description of how chemical/physical components react in aggressive water. He provided information on Ph and calcium, treatment and reverse osmosis. Dr. Jenkins, Poseidon Resources, explained the location of the OCSD discharge plume. He discussed the outfall process and how the AES Plant intake system is not strong enough to pull in the OCSD discharge plume. Discussion ensued regarding the NPDES permit system and how it relates to AES and the California Energy Commission (CEC). Consultants explained that a study evaluating water intake and outfall, including evaluation of loss of sea life, would be released as soon as Unit 3 of the AES facility becomes commercially operational. It was also mentioned that the study includes 20 years of collected data. Discussion ensued regarding the entrainment study mentioned in correspondence received from the CCC dated June 3, 2003. Discussion ensued regarding the heat treatment process identified in the Sanitary Survey. It was mentioned that AES is obligated to notify Poseidon when the heat treatment process is being performed so that Poseidon can operate "offline". A long discussion about jurisdiction parameters took place between the Commission, staff and consultants. Ocean water jurisdiction was identified, and Kevin Thomas of RBF Consultants stated the EIR addresses all issues regardless of what agency has jurisdiction. He also stated that experts all agree that environmental concerns voiced by interested parties have been adequately addressed, based upon the data brought before the Commission. (03pcm0603) PC Minutes June 3, 2003 Page 5 A MOTION WAS MADE BY DAVIS, SECONDED SHOMAKER, TO CERTIFY EIR NO. 00-02 AS ADEQUATE AND COMPLETE IN ACCORDANCE WITH CEQA REQUIREMENTS BY APPROVING RESOLUTION NO. 1581, AND TO INCLUDE LANGUAGE TO MITIGATE CONCERNS ISSUED BY THE IRVINE RANCH WATER DISTRICT RELATED TO SODIUM AND CLOURIDE CONTENTS. Discussion ensued on the urgency of certifying the EIR without further discussion, citing examples of other City projects that endured a long-term analysis period. The Commission also referenced a letter dated May 8, 2003 from the California Coastal Commission discussing project impacts on development. The Commission called for the question: AYES: Davis, Stanton, Shomaker NOES: Kokal, Dingwall, Ray ABSENT: None ABSTAIN: None MOTION FAILS A MOTION WAS MADE BY DINGWALL TO CONTINUE ENVIRONMENTAL IMPACT REPORT NO.00-02 (POSEIDON SEAWATER DESALINATION PLANT) WITH PUBLIC HEARING CLOSED TO JULY 8, 2003 WITH ISSUES IDENTIFIED BY THE COMMISSION FOR STAFF RESPONSE ON JULY 8, 2003. WITH NO SECOND, THE MOTION FAILED. Discussion ensued on how to proceed to ensure that issues raised by the Commission would receive a response from staff. Commissioner Ray requested that Commission Dingwall restate his motion. A MOTION WAS MADE BY DINGWALL, SECONDED BY RAY, TO CONTINUE ENVIRONMENTAL IMPACT REPORT NO.00-02 (POSEIDON SEAWATER DESALINATION PLANT) WITH PUBLIC HEARING CLOSED TO JULY 8, 2003; AND WITH ISSUES IDENTIFIED BY THE COMMISSION FOR STAFF RESPONSE ON JULY 8, 2003, BY THE FOLLOWING VOTE: AYES: Kokal, Dingwall, Ray NOES: Davis, Stanton, Shomaker ABSENT: None ABSTAIN: None MOTION FAILS Staff requested that the Commission identify issues for follow up on July 8, 2003. The Commission provided individually a list of issues to be addressed at the July 8, 2003 meeting. (03pcm0603) PC Minutes June 3, 2003 Page 6 A MOTION WAS MADE BY SHOMAKER, SECONDED BY RAY, TO CONTINUE ENVIRONMENTAL IMPACT REPORT NO.00-02 (POSEIDON SEAWATER DESALINATION PLANT) WITH PUBLIC HEARING CLOSED TO JULY 8, 2003; AND WITH ISSUES IDENTIFIED BY THE COMMISSION FOR STAFF RESPONSE ON JULY 8, 2003, BY THE FOLLOWING VOTE: AYES: Stanton, Kokal, Shomaker, Dingwall, Ray NOES: Davis ABSENT: None ABSTAIN: None MOTION PASSES Staff requested that the Commission provide issues for follow-up by staff on July 8, 2003. The Commission responded as follows: Commissioners Davis, Stanton, and Shomaker: No additional information requested. Commissioner Kokal: 1. AES Heat Treatment/Reverse Flow Process 2. Growth Inducement (End Users) 3. 316(b) Entrainment Study 4. NPDES Review of AES Discharge 5. Leakage from AES Discharge Vault (bacterial levels) Commissioner Dingwall: 1. Growth Inducement - California Coastal Commission comment letter (dated 5/8/03) 2. Product Water Compatibility with Irvine Ranch Water District 3. Responses to Comments 2c, 21, 4b, and 11 c - Surfrider National Foundation comment letter (dated 5/27103) 4. Impacts of Project on Future Restored Adjacent Wetland - California Earth Corps comment letter (dated 5/27/03) Commissioner Ray: 1. Impacts of Project on Future Restored Adjacent Wetland/Possibility of Buffer Area- California Earth Corps comment letter (dated 5/27/03) 2. Archaeological Resources within Proposed Project Boundaries 3. Growth Inducement in Regards to Santa Margarita Water District and the Rancho Mission Viejo, Saddle Creek, Saddle Crest, and Saddle Meadow developments 4. AES Heat Treatment/Reverse Flow Process (03p=0603) PC Minutes June 3, 2003 Page 7 B-1b. CONDITIONAL USE PERMIT NO.02-04/COASTAL DEVELOPMENT PERMIT NO.02-05 (POSEIDON SEAWATER DESALINATION PLANT - CONTINUED FROM MAY 27, 2003): 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 STAFF RECOMMENDATION: Motion to: A) "Approve Conditional Use Permit No. 02-04 and Coastal Development Permit No. 02-05 with staff recommended findings and suggested conditions of approval'; B) "Approve CEQA Statement of Findings and Fact with a Statement of Overriding Considerations"; and C) "Approve the Mitigation Monitoring and Reporting Program." A MOTION WAS MADE BY DINGWALL, SECONDED BY KOKAL, TO CONTINUE CONDITIONAL USE PERMIT NO. 02-04/COASTAL DEVELOPMENT PERMIT NO.02- 05 (POSEIDON SEAWATER DESALINATION PLANT) TO JULY 8, 2003 WITH PUBLIC HEARING CLOSED, BY THE FOLLOWING VOTE: AYES: Stanton, Kokal, Shomaker, Dingwall, Ray NOES: Davis ABSENT: None ABSTAIN: None MOTION PASSED ADJOURNMENT: HZ:HF:rl APPROVED BY: The meeting adjourned at 12:10 a.m. to June 10, 2003 at 5:15 p.m., Room B-8, Huntington Beach Civic Center. and Zelefsky, Secretary C� Randy Kool, Chairperson (03p=0603)