Loading...
HomeMy WebLinkAbout2003-07-08MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, JULY 8, 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 P P P P P P ROLL CALL Davis, Scandura, Stanton, Koka/, Shomaker, Dingwall, Ray A. STUDY SESSION ITEMS 1. ENVIRONMENTAL IMPACT REPORT NO.00-01 (LOWE'S HOME IMPROVEMENT) - Jane James Jane James, Senior Planner, made a presentation to the Commission Discussion ensued regarding: ■ Statement of overriding consideration that addresses the significant impacts identified within the EIR ■ Project Area B-1 activity (future development options: no development proposed as part of this project) ■ Project layout, including future plans to subdivide an existing, vacant pad ■ Consistent zoning designation (General Commercial) ■ CEQA requirements ■ Traffic impacts (stacking at Rotterdam and B Streets; traffic signal possibilities) ■ Hometown Buffet (information provided by Al Montes, Lowe's) ■ Project Area B-2 (shared entry for Ocean View School District Bus Maintenance, number of daily bus trips identified by Carol Stocker, Ocean View School District) ■ Ocean View Little League relocation to the Park View School site ■ Identification of empty/surplus school sites analyzed within the past 10+ years ■ Future business activity Project applicant, Paul Rothenberg, informed the Commission that Lowe's was agreeable to staffs alternate project plan. THE COMMISSION CALLED FOR PUBLIC COMMENTS Jon Capristo, St. Claus Circle, voiced concerns regarding air quality, and the impacts associated with long-term vehicle emissions. He also asked the Commission to consider how the project's negative impacts inhibit or prevent future development. Joe Orsini, Corona Del Mar, asked the Commission to consider turn signal options affecting Warner Avenue and B Street. (03PCM0708) PC Minutes July 8, 2003 Page 2 2. PUBLIC WORKS CAPITAL IMPROVEMENT PROGRAM — Rosemary Medel Rosemary Medel, Associate Planner, explained the Commission's role in the General Plan Conformance process. Dave Webb, City Engineer, identified various improvements including pavement maintenance, slip lining and park enhancements. Bob Stachelski, Public Works Transportation Manager, was present to answer questions. Discussion ensued regarding: ARTERIAL IMPROVEMENTS: ■ Ellis Avenue Widening (Edwards to Goldenwest) ■ Garfield Widening @ Delaware (new widen to 4 lanes, add curb, gutter) TRAFFIC IMPROVEMENTS: ■ Pacific Coast Highway CCTV Camera (install cameras to monitor traffic flow) ■ Hazard Elimination Safety (HES) @ Edinger & Gothard; Warner & Gothard; Warner & Edwards (grant fund to cover areas that have significant left turn accidents) DRAINAGE IMPROVEMENTS: ■ Newland Station Reconstruction (rebuild drainage pump station) SEWER IMPROVEMENTS: ■ Edison Lane Sewer (install new line) ■ Alabama Storm Drain (construct storm drain to reroute flow into sewer system) WATER IMPROVEMENTS: ■ Pipeline Corrosion Control (begin large steel line corrosion control program) The Commission asked staff why the Planning Commission's previous condition of approval to install a traffic signal and crosswalk at a certain location on Goldenwest near the newly constructed Sports Complex had not been completed. Staff stated that the decision was appealed to the City Council and the condition of approval was deleted by the City Council at the recommendation of the Public Works Commission. Discussion ensued regarding the Commission's role/responsibility in meeting mandatory processing times for entitlements. 3. AGENDA REVIEW — Herb Fauland Ricky Ramos, Associate Planner, identified staff report corrections and late communication received for Public Hearing Item Nos. B-1 a & B-1 b (Poseidon Seawater Desalination Plant). Scott Hess, Planning Manager, provided the Commission a template to use when establishing alternate findings on conditional use or coastal development permits. (03p=0708) PC Minutes July 8, 2003 Page 3 PUBLIC COMMENTS — Regarding Study Session portion of Meeting Doug Korthof, Seal Beach, spoke in opposition to Public Hearing Item Nos. B-1 a and B-1 b (Poseidon Seawater Desalination Plant). 6:30 P.M. — RECESS FOR DINNER 7:00 P.M. — COUNCIL CHAMBERS PLEDGE OF ALLEGIANCE P P P P P P P ROLL CALL Davis, Scandura, Stanton, Koka/, Shomaker, Dingwall, Ray AGENDA APPROVAL A MOTION WAS MADE BY DAVIS TO REOPEN THE PUBLIC HEARING FOR ITEM NOS. 13- 1A AND 13-1B. WITH NO SECOND, THE MOTION FAILED. Staff notified the public that comments heard during oral communications would not be considered part of the Public Hearing record. A. ORAL COMMUNICATIONS Chris Stacy, Cabrillo Wetland Preservation Organization, spoke in opposition to Public Hearing Item Nos. B-1 a and B-1 b (Poseidon Seawater Desalination Plant). He voiced concerns about the project extending the life of the AES Power Plant. Charles C. Kelber, Cabrillo Wetlands Preservation Organization, spoke in opposition to Public Hearing Item Nos. B-1 a and B-1 b (Poseidon Seawater Desalination Plant). He voiced concerns about construction reliability and using redevelopment funds that may result in economic failure. Larry Porter, Newport Beach, spoke in opposition to Public Hearing Item Nos. B-1 a and B-1 b (Poseidon Seawater Desalination Plant). He voiced concerns about the Orange County Sanitation District (OCSD) discharge plume, stating that test results were intermittent, and not indicative of the environment. Eric Carlisle, Huntington Beach, spoke in support of Public Hearing Item Nos. B-1 a and B-1 b (Poseidon Seawater Desalination Plant). Brittany Buscomb, Huntington Beach, spoke in support of Public Hearing Item Nos. B-1 a and B-1 b (Poseidon Seawater Desalination Plant), stating the project would generate tax revenue and increase the region's water supply. Karl Wysock, Huntington Beach, spoke in opposition to Public Hearing Item Nos. B-1 a and B-1 b (Poseidon Seawater Desalination Plant). Doug Korthof, Seal Beach, spoke in opposition to Public Hearing Item Nos. B-1a and 13- 1b (Poseidon Seawater Desalination Plant), calling the El insufficient and voicing concerns about building an unsightly industrial facility within the coastal region. (03p=0708) PC Minutes July 8, 2003 Page 4 Nancy Donovan, Huntington Beach, spoke in opposition to Public Hearing Item Nos. 13- 1 a and B-1 b (Poseidon Seawater Desalination Plant), urging the Commission to delay the decision until findings from the California Energy Commission (CEC) entrainment study are published relative to the AES Power Plant discharge plume. Mark Bixby, Huntington Beach, spoke in opposition to Public Hearing Item Nos. B-1 a and B-1 b (Poseidon Seawater Desalination Plant), voicing concerns related to high bacteria counts at Magnolia Street. He also discussed issues raised by the California Coastal Commission (CCC) provided under late communications. Joey Racano, Huntington Beach, spoke in opposition to Public Hearing Item Nos. B-1a and B-1 b (Poseidon Seawater Desalination Plant), voicing concerns about brine and lead compound levels negatively affecting the ocean. He stated that the proposed project violates the Coastal Act by sidestepping the check and balance system. Gino Rapagna, Huntington Beach, spoke in support of Public Hearing Item Nos. B-1 a and B-1 b (Poseidon Seawater Desalination Plant), stating that AES is not tied to the Poseidon project, that issues with adjacent neighborhoods can be mitigated, and that Huntington Beach is environmentally conscientious. Stephanie Gledhill, Huntington Beach, spoke in support of Public Hearing Item Nos. 13- 1 a and B-1 b (Poseidon Seawater Desalination Plant). Joe Geever, Surfrider Foundation, spoke in opposition to Public Hearing Item Nos. B-1 a and B-1 b (Poseidon Seawater Desalination Plant), calling the EIR inadequate. He discussed issues raised at the June V meeting including information related to CEQA, transfer of water to Rancho Santa Margarita Water District, and entrainment and impingement. Don May, California Earth Corps, spoke in opposition to Public Hearing Item Nos. B-1 a and B-1 b (Poseidon Seawater Desalination Plant). He voiced concerns about how Poseidon water will affect pipes that transport Irvine Ranch Water District (IRWD) wastewater, and the project's impact on wetlands restoration in the Natural Community Conservation Planning (NCCP) area (habitat). He urged the Commission to include mitigation measures that protect the wetlands restoration area. Philip Yasskim, Huntington Beach, spoke in support of Public Hearing Item Nos. B-1a and B-1b (Poseidon Seawater Desalination Plant), urging the Commission to support a process that will provide an unlimited water supply when other resources are expiring. Mike Revelle, Huntington Beach, spoke in support of Public Hearing Item Nos. B-1a and B-1 b (Poseidon Seawater Desalination Plant) for future water resources. Kami Celano, Huntington Beach, spoke in support of Public Hearing Item Nos. B-1 a and B-1 b (Poseidon Seawater Desalination Plant) for future water resources. Patrick Clynes, Huntington Beach, spoke in support of Public Hearing Item Nos, B-1 a and B-1 b (Poseidon Seawater Desalination Plant), calling the desalination process environmentally friendly. Karin Keene, Huntington Beach, spoke in support of Public Hearing Item Nos. B-1 a and B-1 b (Poseidon Seawater Desalination Plant) for future water resources. (03p=0708) PC Minutes July 8, 2003 Page 5 Gary Kutscher, Huntington Beach, spoke in support of Public Hearing Item Nos. B-1 a and B-1 b (Poseidon Seawater Desalination Plant) for future water resources. Michele Blair Revelle, Huntington Beach, spoke in support of Public Hearing Item Nos. B-1 a and B-1 b (Poseidon Seawater Desalination Plant), welcoming new technology and water use for existing customers. Allan Beek, Newport Beach, spoke in support of Public Hearing Item Nos. B-1 a and B- 1 b (Poseidon Seawater Desalination Plant) and praised the staff report. He voiced concerns about consumers paying more for a stand-by water supply, and that new development will take water away from existing users. Christine Carr, Newport Beach, spoke in opposition to Public Hearing Item Nos. B-1a and B-1 b (Poseidon Seawater Desalination Plant). Eben Sprague, Dana Point, spoke in opposition to Public Hearing Item Nos. B-1a and B- 1 b (Poseidon Seawater Desalination Plant). He discussed how the continued build -out of the region is harming the environment and voiced concerns about waste products being near the ocean where his children frequently visit. Marco Gonzalez, Surfrider Foundation, spoke in opposition to Public Hearing Item Nos. B-1 a and B-1 b (Poseidon Seawater Desalination Plant). He discussed cumulative reclamation, synergistic impacts and growth inducement. He stated that the request should be dealt with at the State level. Eileen Murphy, spoke in opposition to Public Hearing Item Nos. B-1 a and B-1 b (Poseidon Seawater Desalination Plant), urging the Commission to postpone certification until all issues are completely addressed. B. PUBLIC HEARING ITEMS - PROCEDURE: Commission Disclosure Statement(s), Staff Report Presentation, Commission Questions, Public Hearing, Discussion/Action. B-1 a. ENVIRONMENTAL IMPACT REPORT NO.00-02 (POSEIDON SEAWATER DESALINATION PLANT - CONTINUED FROM JUNE 3, 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) Project 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. - 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. (03p=0708) PC Minutes July 8, 2003 Page 6 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. • Continued Item: - Planning Commission meeting June 3, 2003 - Planning Commission requested clarification regarding ten items pertaining to the EIR. 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 by responding to specific issues identified by the Planning Commission at their June 3, 2003. Kevin Thomas, RBF Consulting, discussed growth -inducing impacts related to the Rancho Santa Margarita Water District, entrainment and impingement, water quality, and the relationship between AES and Poseidon. Staff identified late communication items. Commissioner Scandura made disclosures, including receipt of correspondence from John Scott and visiting the project site with Billy Owens of Poseidon, Vic Leipzip, and Rick Tripp, AES. Commissioner Dingwall made disclosures, including discussions with Vic Leipzig and Huntington Beach Tomorrow. (03p=0708) PC Minutes July 8, 2003 Page 7 Commissioner Davis made disclosures, including receipt of correspondence from John Scott, a site visit to the Orange County Sanitation District (OCSD), and discussions with Don May, Jan Vandersloot, Billy Owens, John Erskine and John Scott. Commissioner Ray made disclosures, including receipt of correspondence from John Scott and discussions with Doug Korthof, Don May and Billy Owens. Commissioner Shomaker made disclosures, including a discussion with Larry Porter. Chairman Kokal made disclosures, including discussions with Billy Owens and various individuals. AT 8:15 P.M. A MOTION WAS MADE BY RAY, SECONDED BY DINGWALL, TO RECESS UNTIL 8:30 P.M. BY THE FOLLOWING VOTE: AYES: Davis, Stanton, Kokal, Shomaker, Dingwall, Ray NOES: Scandura ABSENT: None ABSTAIN: None MOTION PASSES AT 8:30 P.M., THE MEETING RESUMED. The Commission shared information located within the CEQA Guidelines that discusses the environmental impact review process, including the general concepts and responsibilities of governmental agencies to protect the environment and keep the general public informed. A quote was also read from information received by the California Coastal Commission (CCC) stating that lead agencies must review a project in its entirety without limiting its review to the particular jurisdiction of that agency. The Commission asked if staff had received test information from the California Energy Commission (CEC) on water quality and the AES power plant during a presentation to staff. Staff replied test information had not been received, and that the CEC made a presentation to staff related to landscaping and the AES plant. The Commission voiced concerns about information on bacteria levels, and the presence of an intestinal virus found in a yard sump and flood control channel. The Commission and staff discussed Irvine Ranch Water District's (IRWD) acceptance of staffs incorporation of a condition of approval stating that "the applicant shall supply IRWD with water of quality that does not cause the IRWD to violate the pertinent limits of the IRWD reuse permit, applicable to the desalinated water quality at the time the proposed project is ready to begin the supply of desalinated water to the IRWD". The Commission discussed deferred studies referenced in staff report material. The Commission discussed lead agency responsibilities and the importance of public participation. (03pom0708) PC Minutes July 8, 2003 Page 8 The Commission asked the applicant to explain the heat treatment process, including providing temperature figures in the outflow (discharge) pipe, and maximum levels permitted by National Pollution Discharge Elimination System (NPDES) regulations. Nikolay Vouchkov, Poseidon Resources, identified figures related to the water temperature during the heat treatment process, and the maximum allowed by NPDES permit standards. Mr. Vouchkov used a diagram by Corolla Engineers to explain the elaborate process, including the time span of collection and return of organic substances to the ocean. Charles Mitchell, MBC Applied Environmental Sciences (MBC), was called upon to discuss the Environmental Protection Agency's State Task Force on cooling water discharge regulations. -He also defined entrainment and impingement and discussed coastal generating stations examined by government and local agencies. Billy Owens, Poseidon Resources, discussed broad -based data gathering, including site -related impediments, environmental justice, coastal dependency, siting (intake & discharge), community requirements and impacts, and public or state policy created for the desalination process. Joe Geever, Surfrider Foundation, provided information on State task force agencies that study entrainment. Elaine Archibald, Poseidon Resources, discussed information provided in the Sanitary Survey, including standard procedures related to bacteria counts. Discussion ensued regarding the CEC's consideration of rerouting urban runoff. Charles Mitchell discussed how bacteria levels found in tidal components of discharge water rise when high tides flood storm drain basins. Dr. Scott Jenkins, Poseidon Resources, discussed how bacteria levels vary between the shallow surf zone waters where higher concentration is found, and off shore waters, where water depth reaches 25 to 30 feet and concentration levels are low. He explained how bacteria found in the surf zone becomes trapped in "closed circulation cells," keeping it from circulating into the off shore waters. He mentioned that experts have not yet discovered the source for chronic bacteria concentration found at the 9 North/Pacific Coast Highway and Magnolia location. He identified acceptable levels of measured bacteria, and provided information on the modeling data provided to Poseidon by MBC related to the AES facility discharge and NPDES permit requirements. He stated that the model used seven (7) physical variables (ocean waves, current flow, wind, salinity levels, water temperature, plant flow and the Delta T (plant operating temperatures) to study worst and average case scenarios for water quality. He stated that surf zone levels at the 9 North location had reached as high as 16,000 MPN, but were more consistently measured at 5,000 to 6,000 MPN. He stated that beach closures result when concentration levels exceed 1,000 MPN. He also stated that concentration levels near the AES outfall pipe never reached 1,000 MPN. (03p=0708) PC Minutes July 8, 2003 Page 9 The Commission inquired about IRWD's water distribution system agreement. Billy Owens explained that the agreement provides conditions that offer the IRWD a guarantee that all water quality standards are met, with emphasis on bacteria and chlorine content and maximum allowable water temperature during the heat treatment process. Nikolav Vouchkov confirmed that the process produces water temperature 5 to 15 percent above ambient ocean conditions. The Commission asked if the data provided on constituent collection were factual. Charles Mitchell stated that he was confident that the data were adequate, and explained that conditions on entrainment are measured and reported on annually by scientists who study the material. The Commission asked if any viable options were available to control the constituent material. Mr. Mitchell answered few. The Commission discussed late communication from Tom Luster, California Coastal Commission (CCC), Attachment 3.5 referencing project and mitigation alternatives not mentioned in CEC's scope of work. Staff explained that violation of a condition could cause examination of the project's conditions of approval to determine if mitigation measures are necessary. Staff also mentioned that the CEC would not address mitigation measures. The Commission discussed intake water velocity. Charles Mitchell mentioned that although shell life survival rate is dependent on the species, mortality is significant. He also explained the function of centrifugal pumps. The Commission asked if any testing for viruses were conducted. Elaine Archibald answered that such tests are only necessary when health agencies are notified of high coloform counts, and that the techniques used to measure virus activity are problematic and expensive. The Commission asked Dr. Jenkins to explain how water flow varies between the shallow surf zone and deep offshore zone. Dr. Jenkins described the two areas as separate systems, stating that the surf zone flow is dominated by on shore wave motion and rip currents that cause it to circulate, inhibiting a seaward . motion. He added that the off shore system is dominated by tidal currents that flow along the shore, rather than into the surf zone. The Commission asked if contaminants from the off shore zone integrate into the surf zone. Mr. Jenkins answered occasionally. The Commission inquired about the legal issues involved in the CEQA process and Poseidon proposing to tie in with the AES plant's existing intake and discharge lines that pump water to produce electricity. Kevin Thomas stated that permits issued for the AES plant call for continuous pumping of seawater, and that the applicant is not proposing to operate independently from that activity. He also discussed worst -case scenarios identified in pumping percentages to ensure that the proposed project will not cause AES to violate permit requirements. The Commission voiced concerns about the split jurisdiction between the State Public Utilities Commission and Huntington Beach and asked if anyone representing AES were present in the audience to respond to issues related to conditions of approval that may affect the pumping process. With no one present, the Commission commented that AES should be responsible for acceptance of conditions. (03p=0708) PC Minutes July 8, 2003 Page 10 The Commission voiced concerns about the EIR not including an entrainment and impingement study. Discussion ensued regarding salinity levels and the number of sea life trapped during the intake and outfall process. Kevin Thomas explained that the NPDES permitting process will govern whether or not the applicant is required to provide an entrainment and impingement study, and that the EIR did not include such a study because the proposed project ties into an existing facility, and because all five (5) conditions under the Phase II rule listed on page 8 of the staff report must apply, and this was not the case. Discussion ensued regarding the Environmental Protection Agency (EPA) Phase II rule for existing facilities requiring a 316(b) demonstration as part of the NPDES permit process. Discussion ensued further on species that survive the entrainment process, and how CEC guidelines assume a 100% mortality rate. The Commission asked Dr. Jenkins to confirm information provided in his report that salinity levels vary between plus or minus ten percent. Dr. Jenkins confirmed. The Commission asked for source material for that finding, stating that a footnote was not in the report. Dr. Jenkins stated that the source was located within the appendix of the data provided by MBC. The Commission mentioned viewing outside research studies indicating that various areas of the ocean have higher or lower elevations in salinity. Dr. Jenkins agreed. The Commission asked Dr. Jenkins to provide the location of the documented evidence showing variations (range) of plus or minus ten percent for the outflow pipe area. Dr. Jenkins referred to the MBC Monitoring data appendix. The Commission asked for assistance in locating the appendix. The Commission pointed out differences in language relating to the amount of water pumped daily by AES included in the Response to Comments and the EIR Errata. Discussion ensued regarding Poseidon Resources easement agreement, and the language within the EIR Errata that relates to AES leasing land and/or surface area from the California State Lands Commission. It was mentioned that the CCC will require AES and Poseidon to submit landowner's approval, along with conditions of that approval. The Commission asked Joe Geever, Surfrider Foundation to explain the EPA precautionary process. Staff addressed concerns reported by the CCC related to entrainment and Poseidon's operating independently from AES. The Commission suggested a condition that mitigates any archeological finds. The Commission called upon Don May to address issues related to the degraded wetlands. Don May requested that staff add conditions that address storm water runoff diversion, provide alternative lighting and landscaping to inhibit unwanted light and noise, provide for berm reconstruction, and require a 316E study (entrainment/impingement study). The Commission discussed the growth inducing impacts of the proposed project and how they relate to the City as the lead agency. Kevin Thomas discussed a (03p=0708) PC Minutes July 8, 2003 Page 11 CEQA requirement to include information on how the project relates to growth, regionally and cumulatively. He also discussed opinions heard by other agencies on this issue. Billy Owens provided percentage figures on residential development in the Rancho Santa Margarita District. A MOTION WAS MADE BY KOKAL TO DENY CERTIFICATION OF ENVIRONMENTAL IMPACT REPORT No. 00-02 AS ADEQUATE AND COMPLETE IN ACCORDANCE WITH CEQA REQUIREMENTS. WITH NO SECOND, THE MOTION FAILED. A MOTION WAS MADE BY STANTON, SECONDED BY DAVIS, TO CERTIFY ENVIRONMENTAL IMPACT REPORT NO.00-02 AS ADEQUATE AND COMPLETE IN ACCORDANCE WITH CEQA REQUIREMENTS WITH THE FOLLOWING MODIFICATIONS TO THE ERRATA: 1) ADDING LANGUAGE THAT STATES ADDITIONAL EIR OR EQUIVALENT WILL BE REQUIRED IF THE AES FACILITY CEASES TO OPERATE; 2) CORRECT MISINFORMATION RELATED TO THE CALIFORNIA STATE LANDS COMMISSION LAND LEASE WITH AES HUNTINGTON BEACH, LLC, BY APPROVING RESOLUTION NO.1581, BY THE FOLLOWING VOTE: AYES: Davis, Scandura, Stanton, Shomaker NOES: Kokal, Dingwall, Ray ABSENT: None ABSTAIN: None MOTION PASSES B-1 b. CONDITIONAL USE PERMIT NO. 02-04/COASTAL DEVELOPMENT PERMIT NO.02-05 (POSEIDON SEAWATER DESALINATION PLANT - CONTINUED FROM JUNE 3, 2003 WITH PUBLIC HEARING CLOSED): 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 STANTON, SECONDED BY SHOMAKER, TO CONTINUE CONDITIONAL USE PERMIT NO.02-04/COASTAL DEVELOPMENT PERMIT NO.02-05 (POSEIDON SEAWATER (03p=0708) PC Minutes July 8, 2003 Page 12 DESALINATION PLANT) WITH PUBLIC HEARING CLOSED TO JULY 22, 2003 WITH ISSUES TO BE IDENTIFIED BY THE COMMISSION FOR STAFF RESPONSE ON JULY 22, 2003, BY THE FOLLOWING VOTE: AYES: Davis, Scandura, Stanton, Kokal, Shomaker, Dingwall, Ray NOES: None ABSENT: None ABSTAIN: None MOTION PASSES C. CONSENT CALENDAR A MOTION WAS BY KOKAL, SECONDED BY DAVIS, TO CONTINUE CONSENT CALENDAR ITEM NOS. C-1, C-2 AND C-3 (PLANNING COMMISSION MINUTES DATED APRIL 22, 2003, MAY 13, 2003, AND MAY 27, 2003) TO JULY 22, 2003, BY THE FOLLOWING VOTE: AYES: Davis, Scandura, Stanton, Kokal, Shomaker, Dingwall, Ray NOES: None ABSENT: None ABSTAIN: None MOTION PASSES D. NON-PUBLIC HEARING ITEMS - None. E. PLANNING COMMISSION ITEMS E-1. PLANNING COMMISSION COMMITTEE REPORTS — None. E-2. PLANNING COMMISSION COMMENTS — None. E-3. DISCUSSION ITEMS FOR FUTURE MEETINGS — None. F. PLANNING ITEMS F-1. CITY COUNCIL ACTIONS FROM PREVIOUS MEETING — None. F-2. CITY COUNCIL ITEMS FOR NEXT MEETING — None. F-3. PLANNING COMMISSION ITEMS FOR NEXT MEETING — None. (03pcm0708) PC Minutes July 8, 2003 Page 13 ADJOURNMENT: AT 1:05 A.M. A MOTION WAS MADE BY DAVIS, SECONDED BY KOKAL, TO ADJOURN TO THE NEXT REGULARLY SCHEDULED MEETING OF JULY 22, 2003, BY THE FOLLOWING VOTE: AYES: Davis, Scandura, Stanton, Kokal, Shomaker, Dingwall, Ray NOES: None ABSENT: None ABSTAIN: None MOTION PASSES HZ:HF:d APPROVED BY: H6Wa-'rd Zelefsky, Secretary Ron Davis, Chair (03pcm0708)