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HomeMy WebLinkAbout2003-07-22MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, JULY 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 — 5:20 p.m. A P A P P P A ROLL CALL Davis, Scandura, Stanton, Koka/, Shomaker, Dingwall, Ray Commissioner Davis arrived at 5:30 p.m. Commissioner Ray arrived at 5.40 p.m. Commissioner Stanton arrived at 5:47 p.m. A. STUDY SESSION ITEMS 1. CONDITIONAL USE PERMIT NO.00-31 (LOWE'S HOME IMPROVEMENT WAREHOUSE) — Jane James Jane James, Senior Planner made a presentation to the Commission and provided information related to: ■ Public comment review period (comment letters identified) ■ Amending the zoning designation from Public/Semi-Public to General Commercial ■ Project layout and architectural design ■ Variance request (parking, landscaping, on -site circulation) ■ Land use compatibility ■ Tentative Parcel Map (four (4) parcel subdivision consisting of Lowe's Home Improvement Warehouse, a restaurant, the School District Bus Maintenance facility and a vacant parcel) ■ The requirement for a Public Art element Commission comments/questions included: ■ Establishment of landscape buffer between residential & commercial ■ Anticipated future land use of the vacant parcel ■ Concerns about bus routing on Rotterdam and the possibility of rerouting through "B" street to back entrance of maintenance facility ■ Noise issues related to bus routing ■ Parking variance ■ Traffic signal location ■ Relocation of five (5) Ocean View Little League baseball fields ■ Outdoor display of merchandise ■ Public Art (not yet determined) ■ Explanation of adjacent 6.3 acres of property included in the Environmental Impact Report (EIR) No. 00-01 ■ Design/development criteria ■ Environmental review of the west side of Area B1 (03PCM0722) PC Minutes July 22, 2003 Page 2 ■ EIR public comment review period (45-day period expired June 16, 2003) ■ Parking lot issues (spaces used by those other than Lowe's patrons) ■ Development Plans for Area B1 2. THE COMMISSION CALLED FOR INTERESTED PARTIES TO PROVIDE PUBLIC COMMENTS. Barbara Boskovich, representing the Ocean View School District, spoke in support of Study Session Item A-1 (Lowe's Home Improvement Warehouse), and was available for questions. John Capristo, St. Cloud Circle, spoke in opposition to the proposed zone change for Study Session Item A-1 (Lowe's Home Improvement Warehouse). He discussed the buffer zone between the project and adjacent residential, requesting that the applicant consider a 12-foot high cinder block wall with tall trees similar to other commercial developments built adjacent to residential development in order to hinder project visibility and noise. Ingrid Woken, Lancaster Drive, voiced concerns about pedestrian safety related to increased traffic associated with Study Session Item A-1 (Lowe's Home Improvement Warehouse). She suggested that the applicant consider separate entrance points for Lowe's patrons and bus maintenance facility vehicles, and concurred with suggestions to enhance the buffer zone. She also discussed diminished project lighting. Al Gattanella, St. Cloud Circle, spoke regarding Study Session Item A-1 (Lowe's Home Improvement Warehouse). He discussed the buffer zone between the project and the adjacent residential. He inquired if Lowe's plans to make concessions to the Ocean View School District for use of their property, and also why the Home Town Buffet is being considered as a tenant for the restaurant pad. BDIVISIONI — Rami Talleh Rami Talleh, Assistant Planner made a presentation to the Commission and provided information related to: ■ Tract layout and circulation ■ Building siting • Project design ■ Gated entry and design ■ Variance/building separation ■ Open Space ■ Window compliance ■ Grading ■ Park dedication ■ Affordable Housing Questions/comments included: ■ Public Park entrance ■ 15% affordable housing requirement (offsite at Cape Ann) ■ Separation and setback requirements (similar development comparisons) ■ Inclusion of a private gated entrance (03p=0722) PC Minutes July 22, 2003 Page 3 THE COMMISSION CALLED FOR INTERESTED PARTIES TO PROVIDE PUBLIC COMMENTS. Bill Holman, applicant with PLC Land Company, provided information on the variance request, including guidelines outlined in the Holly Seacliff Specific Plan relating to building separation. He confirmed that the 15% affordable housing requirement had been met, and addressed issues related to the 3 ft. grade differential and retaining walls. He also provided an update on soil remediation, including capping activity and contamination removal. 3. ANNUAL REVIEW - FLOOD MANAGEMENT PROGRAM — Ricky Ramos Ricky Ramos, Associate Planner, made a presentation to the Commission and explained that the annual review is required by the Federal Emergency Management Agency (FEMA) to demonstrate that the City is actively pursuing implementation of the Flood Management Program to reduce or mitigate flood damage. 4. AGENDA REVIEW — Herb Fauland Mr. Fauland reviewed agenda items for the 7:00 p.m. portion of the regularly scheduled meeting. PUBLIC COMMENTS — Regarding Study Session portion of Meeting — None. 6:30 P.M. — RECESS FOR DINNER 7:00 P.M. — COUNCIL CHAMBERS PLEDGE OF ALLEGIANCE — Led by Commissioner Scandura P P P P P P P ROLL CALL Davis, Scandura, Stanton, Kokal, Shomaker, Dingwall, Ray AGENDA APPROVAL A MOTION WAS MADE BY KOKAL, SECONDED BY RAY, TO MOVE NON-PUBLIC HEARING ITEM NOS. D-1. (GENERAL PLAN CONFORMANCE NO.03-01 - CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEARS 2003/2004 AND 2004105) AND D-2. (RECONSIDERATION OF ENVIRONMENTAL IMPACT REPORT NO.00-02 - POSEIDON SEAWATER DESALINATION PLANT) TO PRECEED PUBLIC HEARING ITEMS BY THE FOLLOWING VOTE: AYES: Davis, Scandura, Stanton, Kokal, Shomaker, Dingwall, Ray NOES: None ABSENT: None ABSTAIN: None MOTION PASSED (03p=0722) PC Minutes July 22, 2003 Page 4 The following motion was made after action on Non -Public Hearing Item No. D1: A MOTION WAS MADE BY SHOMAKER, SECONDED BY STANTON, TO MOVE PUBLIC HEARING ITEM NO. B-2. (ANNUAL REVIEW AND MONITORING REPORT — DOWNTOWN PARKING MASTER PLAN) TO PRECEED NON-PUBLIC HEARING ITEM NO. D-2. (RECONSIDERATION OF ENVIRONMENTAL IMPACT REPORT NO. 00-021 POSEIDON SEAWATER DESALINATION PLANT), BY THE FOLLOWING VOTE: AYES: Davis, Scandura, Stanton, Kokal, Shomaker, Dingwall, Ray NOES: None ABSENT: None ABSTAIN: None MOTION PASSED AGENDA ITEMS WILL BE LISTED IN THEIR ORIGINAL -ORDER A. ORAL COMMUNICATIONS Ron Van Blarcom, Poseidon Resources, spoke in opposition to Non -Public Hearing Item No. D-2 (Reconsideration of Environmental Impact Report No. 00-02/Poseidon Desalination Plant) and discussed the proposed project's timeline, including permit streamlining and mandatory processing deadlines. John Erskine, Poseidon Resources, spoke in opposition to Non -Public Hearing Item No. D-2 (Reconsideration of Environmental Impact Report No. 00-02/Poseidon Desalination Plant) discussing "Roberts Rules of Order" and circumstances related to the appeal process including Rule 36, case law and court proceedings. The Commission asked Mr. Van Blarcom to explain the difference between directory versus mandatory processing dates. Larry Porter, Ocean Outfall Group, spoke in support of Non -Public Hearing Item No. D-2 (Reconsideration of Environmental Impact Report No. 00-02/Poseidon Desalination Plant) and discussed activity related to the Orange County Sanitation District (OCSD) outfall (discharge) pipe. Don McGee, Ocean Outfall Group, spoke in support of Non -Public Hearing Item No. D-2 (Reconsideration of Environmental Impact Report No. 00-02/Poseidon Desalination Plant) and discussed impacts associated with build -out and traffic. Maria Kutscher, Huntington Beach, spoke in opposition to Non -Public Hearing Item No. D-2 (Reconsideration of Environmental Impact Report No. 00-02/Poseidon Desalination Plant) and discussed the affects of reverse osmosis. Rich Kolander, Huntington Beach, spoke in opposition to Non -Public Hearing Item No. D-2 (Reconsideration of Environmental Impact Report No. 00-02/Poseidon Desalination Plant) and discussed improvements in technology and praised staffed and consultants for their work on the proposed project. (03p=0722) PC Minutes July 22, 2003 Page 5 Gino Rapagna, Huntington Beach, spoke in opposition to Non -Public Hearing Item No. D-2 (Reconsideration of Environmental Impact Report No. 00-02/Poseidon Desalination Plant), describing the project as environmentally sound with improved technology. Pat Clynes, Huntington Beach, spoke in opposition to Non -Public Hearing Item No. D-2 (Reconsideration of Environmental Impact Report No. 00-02/Poseidon Desalination Plant) and discussed the benefits of new technology. Mark Bixby, Huntington Beach, spoke in support of Non -Public Hearing Item No. D-2 (Reconsideration of Environmental Impact Report No. 00-02/Poseidon Desalination Plant) and discussed in -lieu fees and drawing intake water downstream from the AES plume. Michele Revelle, Huntington Beach, spoke in opposition to Non -Public Hearing Item No. D-2 (Reconsideration of Environmental Impact Report No. 00-02/Poseidon Desalination Plant) and discussed how the proposed projects revenue can support City services. Jan Vandersloot, Ocean Outfall Group, spoke in support of Non -Public Hearing Item No. D-2 (Reconsideration of Environmental Impact Report No. 00-02/Poseidon Desalination Plant) and voiced concerns about the City's water source being produced by private industry, and it's projected profit. Doug Korthof, Seal Beach, spoke in support of Non -Public Hearing Item No. D-2 (Reconsideration of Environmental Impact Report No. 00-02/Poseidon Desalination Plant) and voiced concerns related to permit requirements for the AES power plant, mortality in the outfall pipe, and promised technology. Eileen Murphy, Bolsa Chica Land Trust, spoke in support of Non -Public Hearing Item No. D-2 (Reconsideration of Environmental Impact Report No. 00-02/Poseidon Desalination Plant) voicing concerns about negative impacts to ocean life. Mike Revelle, Huntington Beach, spoke in opposition to Non -Public Hearing Item No. D- 2 (Reconsideration of Environmental Impact Report No. 00-02/Poseidon Desalination Plant). Bunker Hill, Huntington Beach, spoke in opposition to Non -Public Hearing Item No. D-2 (Reconsideration of Environmental Impact Report No. 00-02/Poseidon Desalination Plant). John Scott, Huntington Beach, spoke in support of Non -Public Hearing Item No. D-2 (Reconsideration of Environmental Impact Report No. 00-02/Poseidon Desalination Plant) voicing concerns related to air and water quality. He urged the Commission to keep the review period open. Nancy Donovan, Huntington Beach, spoke in support of Non -Public Hearing Item No. D- 2 (Reconsideration of Environmental Impact Report No. 00-02/Poseidon Desalination Plant) voicing concerns about water quality. Dr. Scott Jenkins, Poseidon Resources, spoke in opposition to Non -Public Hearing Item No. D-2 (Reconsideration of Environmental Impact Report No. 00-02/Poseidon Desalination Plant). He provided credentials and explained the methods of data collected included within the study on salinity. (03p=0722) PC Minutes July 22, 2003 Page 6 Billy Owens, Applicant with Poseidon Resources, spoke in opposition to Non -Public Hearing Item No. D-2 (Reconsideration of Environmental Impact Report No. 00- 02/Poseidon Desalination Plant) and explained why the project is needed. He also emphasized that environmental testing done by qualified independent consultants classified the project's affects on marine life as non -significant, therefore not harmful. Commissioner Dingwall addressed speakers providing supportive testimony during Oral Communications on the proposed Poseidon project, stating that if approved, Huntington Beach residents will not receive drinking water from Poseidon, only increased pollution within our storm drain channels and ocean waters. He also cited past examples of environmental disasters before informing the public of his decision to deny Poseidon's request for entitlement. A MOTION WAS MADE BY DINGWALL TO SUSPEND TEMPORARY RULES OR PROTOCOL THAT WOULD PREVENT THE COMMISSION FROM RECONSIDERING CERTIFICATION OF ENVIRONMENTAL IMPACT REPORT NO.00-02 (POSEIDON SEAWATER DESALINATION PLANT). The Commission asked Commissioner Dingwall to elaborate on the rules he was referring to. The City Attorney explained that the Commission functions under the adopted Protocol and "Robert's Rules of Order." COMMISSIONER DINGWALL MODIFIED HIS MOTION BY REQUESTING THAT RECONSIDERATION OF ENVIRONMENTAL IMPACT REPORT NO.00-02 (POSEIDON SEAWATER DESALINATION PLANT) BE PLACED ON THE AUGUST 12, 2003 AGENDA. Staff informed Commissioner Dingwall that the item was already listed as D-2 on tonight's agenda. B. PUBLIC HEARING ITEMS - PROCEDURE: Commission Disclosure Statement(s), Staff Report Presentation, Commission Questions, Public Hearing, Discussion/Action. B-1. CONDITIONAL USE PERMIT NO.02-04/COASTAL DEVELOPMENT PERMIT FROM JULY 8, 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) Pro ect 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." Ricky Ramos, Associate Planner, provided an overview of proposed revisions to the recommended conditions of approval received by the Commission following (03p=0722) PC Minutes July 22, 2003 Page 7 the July 8, 2003 meeting. He identified late communication and also explained that because proposed revised conditions from Chairperson Kokal and Commission Dingwall were submitted late, staff was not able to respond in writing. A MOTION WAS MADE BY DAVIS, SECONDED BY DINGWALL, TO CONSIDER BY STRAW VOTE STAFF'S RECOMMENDATIONS ON THE PROPOSED CHANGES TO CONDITIONAL USE PERMIT NO. 02- 04/COASTAL DEVELOPMENT PERMIT NO.02-05 PROVIDED BY COMMISSIONER'S DAVIS AND SCANDURA. No vote was taken. Commissioner Scandura confirmed his acceptance of staffs recommendations to his proposed changes. A STRAW VOTE MOTION WAS MADE BY DAVIS, SECONDED BY DINGWALL, TO ACCEPT A PROPOSED CONDITION STATING THAT SHOULD THE CITY BE SUED, POSEIDON WILL INDEMNIFY FOR ALL LEGAL EXPENSES INCURRED BY THE CITY OR ITS AGENTS OR EMPLOYEES, BY THE FOLLOWING VOTE: AYES: Davis, Scandura, Stanton, Kokal, Shomaker, Dingwall, Ray NOES: None ABSENT: None ABSTAIN: None MOTION APPROVED Discussion ensued on Commissioner Davis' proposal to add a condition that the CUP shall expire on April 1, 2011. The Commission voiced concerns about Poseidon piggybacking onto the AES CUP permit that was approved years earlier for what was considered a non -conforming use. The City Attorney substantiated a written opinion as to why staff denied the recommendation to include the condition. She also explained that the April 1, 2011 expiration date discussed refers to the AES NPDES permit, not conditional use permit. Staff explained how entitlements are associated with the land, not owner or operator. Staff also discussed a change within the EIR Errata and also shown on Attachment No. 1.25, condition No. 18 that discusses what will happen if the project definition changes in scope because AES ceases to operate. The Commission discussed the possibility of AES being able to prolong its existence by including water production on its list of future selling points. Commissioner Davis requested a meeting with the City Attorney, applicant and associated consultants to discuss points of authority or establish a legal dialogue relative to his request for the added condition. (03p=0722) PC Minutes July 22, 2003 Page 8 The Commission reminded staff and the public that the CEC entrainment/ impingement study may produce cause for radical changes to the AES plant and/or its cooling system, and suggested that the City Attorney consider a "sunset clause" with an expiration date. The Commission referenced Attachment No. 1.25, conditions No. 18-21 that are applicable to this discussion. A MOTION WAS MADE BY STANTON, SECONDED BY DAVIS, TO CONTINUE CONDITIONAL USE PERMIT NO.02-04/COASTAL DEVELOPMENT PERMIT NO.02-05 (POSEIDON SEAWATER DESALINATION PLANT) WITH PUBLIC HEARING CLOSED TO TUESDAY, AUGUST 12, 2003, BY THE FOLLOWING VOTE: AYES: Davis, Scandura, Stanton, Kokal, Shomaker, Dingwall, Ray NOES: None ABSENT: None ABSTAIN: None MOTION APPROVED B-2. ANNUAL REVIEW AND MONITORING REPORT — DOWNTOWN PARKING MASTER PLAN: Applicant: City of Huntington Beach Planning Department Request: Annual review of the Downtown Parking Master Plan addressing building activity between June 1, 2002 and June 1, 2003 Location: Downtown Specific Plan area (generally bounded by Pacific Coast Highway, Sixth Street, Acacia Avenue and Second Street) Project Planner: Wayne Carvalho The City of Huntington Beach Planning Department requests Planning Commission review of the Downtown Parking Master Plan Annual Review and Monitoring Report. • The revision and update of the Downtown Specific Plan (DTSP) also referred to as the "Village Concept" was adopted in April of 1995 and became effective in June of 1995. As part of the revisions, a shared parking concept was prepared for the downtown core area of Main Street referred to as the Downtown Parking Master Plan (DPMP). • An update to the DPMP was approved by the City Council in November 2000, with final certification by the California Coastal Commission in January 2002. The DPMP includes provisions that an annual review and monitoring report be completed. The report shall be forwarded to the Planning Commission, City Council and the Executive Director of the California Coastal Commission. The review and monitoring report contained herein includes analysis between June 1, 2002 and June 1, 2003. Commissioner Shomaker excused herself from action on the item due to a potential conflict of interest. Wayne Carvalho, Associate Planner, discussed the Downtown Parking Master Plan (DPMP) Annual Review while providing PowerPoint slides depicting major projects affecting parking downtown, including two new developments (Koury (03p=0722) PC Minutes July 22, 2003 Page 9 Retail/Office Building at 428 Main Street, and the Strand/CIM Huntington, Inc., Blocks 104/105). Questions/comments included: ■ Why do patrons prefer using the City parking structure located at 200 Main Street in Area 1 rather than using other parking in Area 2. Staff explained that parking in the City structure is above ground and less expensive ■ Explanation of imposed measures to ensure that adequate parking was provided for the proposed development threshold within the master plan (figures provided on pages 3 and 7 of the staff report) ■ Explanation of DPMP codified parking requirements as shown in Figure 4.2 on Attachment 2.3 and their relation to Current Parking Supply/Demand figures shown on Attachment 7 ■ Parking In -lieu fees (participating downtown businesses, who is responsible, program timeline, annual payment information) For the record, staff advised the Commission that with no individuals signed up to provide public testimony, it was unnecessary to open the public hearing. A MOTION WAS MADE BY DINGWALL, SECONDED BY RAY, TO ACCEPT AS ADEQUATE AND COMPLETE THE ANNUAL REVIEW AND MONITORING REPORT OF THE DOWNTOWN PARKING MASTER PLAN AND FORWARD TO THE CITY COUNCIL FOR FINAL CONSIDERATION, BY THE FOLLOWING VOTE: AYES: Davis, Scandura, Stanton, Kokal, Dingwall, Ray NOES: None ABSENT: None ABSTAIN: Shomaker MOTION APPROVED C. CONSENT CALENDAR C-1. PLANNING COMMISSION MINUTES DATED APRIL 22, 2003 (CONTINUED FROM JULY 8, 2003) A MOTION WAS MADE BY DAVIS, SECONDED BY RAY, TO APPROVE PLANNING COMMISSION MINUTES DATED APRIL 22, 2003 AS AMENDED, BY THE FOLLOWING VOTE: AYES: Davis, Stanton, Kokal, Dingwall, Ray NOES: None ABSENT: None ABSTAIN: Scandura, Shomaker MOTION APPROVED (03p=0722) PC Minutes July 22, 2003 Page 10 C-2. PLANNING COMMISSION MINUTES DATED MAY 13, 2003 (CONTINUED FROM JULY 8, 2003) A MOTION WAS MADE BY DAVIS, SECONDED BY KOKAL, TO CONTINUE PLANNING COMMISSION MINUTES DATED MAY 13, 2003 TO AUGUST 12, 2003, BY THE FOLLOWING VOTE: AYES: Davis, Stanton, Kokal, Shomaker, Dingwall, Ray NOES: None ABSENT: None ABSTAIN: Scandura MOTION APPROVED C-3. PLANNING COMMISSION MINUTES DATED MAY 27, 2003 (CONTINUED FROM JULY 8, 2003) A MOTION WAS MADE BY DAVIS, SECONDED BY SHOMAKER, TO APPROVE PLANNING COMMISSION MINUTES DATED MAY 27, 2003, BY THE FOLLOWING VOTE: AYES: Davis, Stanton, Kokal, Shomaker, Dingwall NOES: None ABSENT: None ABSTAIN: Scandura, Ray MOTION APPROVED D. NON-PUBLIC HEARING ITEMS D-1. GENERAL PLAN CONFORMANCE NO.03-01 (Capital_ Improvement Prooram for Fiscal Years 2003104 and 2004/05) Applicant: City of Huntington Beach Public Works Department Request: Evaluate Capital Improvement Program for Fiscal Years 2003/04 and 2004/05 for compliance with the General Plan. Project Planner: Rosemary Medel General Plan Conformance No. 03-01 request: - Evaluate Capital Improvement Program for Fiscal Years 2003/04 and 2004/05 for compliance with the General Plan. Staffs Recommendation: Approve General Plan Conformance No. 03-01 based upon the following: - The proposed projects conform with the goals and policies of the General Plan. Rosemary Medel, Associate Planner, gave a short presentation to the Commission. Discussion ensued on the following: (03p=0722) PC Minutes July 22, 2003 Page 11 NEIGHBORHOOD IMPROVEMENTS: The Commission asked staff to expand on activity related to Sidewalk and Curb Replacement (CDBG). Dave Webb, City Engineer explained how the one-time improvements would be completed for those enhancement areas qualifying for CDBG funding. ARTERIAL IMPROVEMENTS: The Commission asked staff to expand on activity related to the Beach/Edinger Improvements, Garfield @ D.O.2 Channel (west of Brookhurst) and Magnolia Sidewalk & Lighting — Pacific Coast Highway to Hamilton. TRAFFIC IMPROVEMENTS: The Commission asked staff to expand on activity related to the Newland & Hamilton Signal Installation and Upgrade Signal Timing (TSCOUP). SEWER IMPROVEMENTS: The Commission asked staff to expand on activity related to Slip Lining and the Edison Lane Sewer. DRAINAGE IMPROVEMENTS: The Commission voiced concerns about drainage problems causing water to pond and incubate viruses in the parking area of the Wetlands and Wildlife Care Center at Newland Street and Pacific Coast Highway. Staff explained how upsizing storm drain lines and rebuilding the Newland Pump Station would manage the drainage problems in that area. A MOTION WAS MADE BY RAY, SECONDED BY SCANDURA, TO ADOPT RESOLUTION NO. 1584, APPROVING GENERAL PLAN CONFORMANCE NO.03-01 AND FORWARD TO THE CITY COUNCIL FOR FINAL CONSIDERATION, BY THE FOLLOWING VOTE: AYES: Davis, Scandura, Stanton, Kokal, Shomaker, Ray NOES: Dingwall ABSENT: None ABSTAIN: None D-2. RECONSIDERATION OF ENVIRONMENTAL IMPACT REPORT NO. 00-02 (POSEIDON SEAWATER DESALINATION PLANT): A request by Commissioner Davis to reconsider EIR No. 00-02 previously certified by the Planning Commission on July 8, 2003. Location: 21730 Newland (east side, south of Edison Avenue) Project Planner: Ricky Ramos, Associate Planner No staff presentation was made. (03p=0722) PC Minutes July 22, 2003 Page 12 A MOTION WAS MADE BY DAVIS, SECONDED BY DINGWALL, TO RECONSIDER ENVIRONMENTAL IMPACT REPORT NO.00-02 (POSEIDON SEAWATER DESALINATION PLANT) DUE TO INACCURATE INFORMATION PROVIDED BY THE APPLICANT AT THE JULY 8, 2003 PLANNING COMMISSION MEETING. Commissioner Davis stated his request for reconsideration of the EIR was based on two reasons, including receipt of inaccurate information provided by Poseidon during the July 8, 2003 meeting claiming that salinity levels recorded near the AES outfall pipe location show a variation of plus or minus 10 percent when figures recorded within the EIR show a variation of plus or minus 5 percent; and, inconsistent data reported/recorded related to how many gallons of water AES pumps, on average, for approximately the past 20 years and the "worst case scenario" model used to report circulation averages. He also stated his intent was to question these two items only, and not to revisit the entire document for adequacy. Staff provided an overhead slide demonstrating salinity levels calculated over the past 20 years. The City Attorney stated that approving the request opens the entire EIR for reconsideration. Certain Commissioners provided opinions on why the item was worthy of reconsideration. Others discussed why it would be appropriate to deny the request for reconsideration and forward to the City Council for final approval. Discussion ensued on how either decision would affect the Mayor's appeal of the Planning Commission's certification of the EIR on July 8, 2003. Staff discussed the mandatory processing deadlines and requested that the Commission provide clear direction to staff about what type of information will be expected if the request for reconsideration is approved. Staff also reminded the Commission that action on the Conditional Use Permit and Coastal Development Permit cannot be taken if the request for reconsideration is approved. Staff and the Commission discussed the option of denying the request and forward to the City Council with minute action that describes concerns related to incomplete or inaccurate information provided by the applicant. The City Attorney informed the Commission of staffs recommendation to deny the request and forward to City Council with minute action. She also advised against any discussion of the applicant's alternative to seek a court decision on processing deadlines. (03p=0722) PC Minutes July 22, 2003 Page 13 A MOTION WAS MADE BY DAVIS, SECONDED BY DINGWALL, TO RECONSIDER ENVIRONMENTAL IMPACT REPORT NO.00-02 (POSEIDON SEAWATER DESALINATION PLANT) AT THE AUGUST 12, 2003 PLANNING COMMISSION MEETING BY THE FOLLOWING VOTE: AYES: Davis, Kokal, Dingwall, Ray NOES: Scandura, Stanton, Shomaker ABSENT: None ABSTAIN: None MOTION APPROVED THE CHAIR CALLED FOR A 10-MINUTE RECESS. Staff requested that the Commission provide a collective list of issues for staff to respond to at the August 12, 2003 meeting. The Commission requested an independent consultant be hired to verify the concerns relayed herein. Staff stated that MBC Applied Environmental Sciences is the reporting agency on information published by the California Energy Commission relating to AES plant activity. Also, the firm is qualified to respond to marine biology issues, and that the process of soliciting contracts from another outside agency may be cumbersome and not timely. A MOTION WAS MADE BY DAVIS, SECONDED BY SHOMAKER, FOR STAFF TO PREPARE RESPONSES TO THE FOLLOWING ISSUES: 1) CONTRACT AN INDEPENDENT CONSULTANT TO VERIFY SALINITY LEVELS AND DILUTION MODELS PROPOSED IN EIR NO.00-02; 2) PROVIDE GENERAL SALINITY INFORMATION ON THE SOUTHERN CALIFORNIA BIGHT AND HOW IT AFFECTS HUNTINGTON BEACH AND AREA SEA ORGANISMS; 3) CONTRACT AN INDEPENDENT CONSULTANT TO VERIFY MODELING RELATED TO OCEAN INTAKE THAT IS DISCHARGED BY THE ORANGE COUNTY SANITATION DISTRICT; AND, 4) VERIFY AES PUMP FIGURES, BY THE FOLLOWING VOTE: AYES: Davis, Scandura, Stanton, Kokal, Shomaker, Dingwall, Ray NOES: None ABSENT: None ABSTAIN: None MOTION APPROVED Discussion ensued regarding public policy and jurisdiction issues. The Commission made reference to California Coastal Commission letter 10A dated February 20, 2003 that,provides detailed information on public policy. (03p=0722) PC Minutes July 22, 2003 Page 14 A MOTION WAS MADE BY KOKAL, SECONDED BY RAY, DIRECTING STAFF TO PROVIDE INFORMATION ON PUBLIC POLICY ISSUES TO HELP INFORM THE PUBLIC AND COMMISSION MEMBERS HOW TO UNDERSTAND ITEMS OUTSIDE THE SCOPE OF THEIR JURISDICTION, BY THE FOLLOWING VOTE: AYES: Kokal, Dingwall, Ray NOES: Davis, Scandura, Stanton, Shomaker ABSENT: None ABSTAIN: None MOTION FAILED E. PLANNING COMMISSION ITEMS A MOTION WAS MADE BY DAVIS, SECONDED BY DINGWALL, TO CONTINUE PLANNING COMMISSION ITEMS E-1, E-2 AND E-3 TO AUGUST 12, 2003 BY THE FOLLOWING VOTE: AYES: Davis, Scandura, Stanton, Kokal, Shomaker, Dingwall, Ray NOES: None ABSENT: None ABSTAIN: None MOTION PASSED F. PLANNING ITEMS F-1. CITY COUNCIL ACTIONS FROM PREVIOUS MEETING — None reported. F-2. CITY COUNCIL ITEMS FOR NEXT MEETING — None reported. F-3. PLANNING COMMISSION ITEMS FOR NEXT MEETING — None reported. ADJOURNMENT: Adjourned at 11:10 p.m. to the next regularly scheduled Planning Commission meeting of August 12, 2003. HZ: HF: rl APPROVED BY: oward Zelefsky, Secretary n Davis, Chair (03p=0722)