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HomeMy WebLinkAbout2003-08-12MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, AUGUST 12, 2003 HUNTINGTON BEACH CIVIC CENTER 2000 MAIN STREET, HUNTINGTON BEACH, CALIFORNIA 92648 6:15 P.M. - ROOM B-8 CALL PLANNING COMMISSION MEETING TO ORDER P P P P P P P ROLL CALL Davis, Scandura, Stanton, Kokal, Shomaker, Dingwall, Ray A. STUDY SESSION ITEMS 1. PLANNING COMMISSION BYLAWS UPDATE — Randy Kokal Staff outlined revisions to the Bylaws that were discussed at previous Commission meetings. Discussion ensued about the March 11, 2003 legislative draft of the Bylaws, including a written opinion received by the City Attorney's office dated May 30, 2003 with suggested changes involving language related to regular and special meeting notification, and the minimum number of votes required to adopt most items. A MOTION WAS MADE BY RAY, SECONDED BY KOKAL, AUTHORIZING THE CHAIR TO FORWARD THE DRAFT BYLAWS TO THE CITY COUNCIL FOR FINAL CONSIDERATON BY THE FOLLOWING VOTE: AYES: Scandura, Kokal, Dingwall, Ray NOES: Davis, Stanton, Shomaker ABSENT: None ABSTAIN: None MOTION PASSED 2. PLANNING COMMISSION PROTOCOL UPDATE.— Randy Kokal Staff made a presentation to the Commission. Discussion ensued about allowing an applicant the choice of providing public testimony either at the beginning or the end of the public hearing comment period, but not both. Staff informed the Commission that when providing disclosure statements, they should include electronic mail. The Commission suggested changing the term "person" in item number 5 to "member of the public." The Commission also suggested removing the term "cat's paw" from the language in item number 15, and to add a sentence stating, "The Commission must be responsible for their actions." (03p=0812) PC Minutes August 12, 2003 Page 2 A MOTION WAS MADE BY RAY, SECONDED BY DAVIS, TO RE -AFFIRM THE PROTOCOL AS PREVIOUSLY APPROVED WITH MINOR MODIFICATIONS AND INCLUSION OF ITEM NOS. 22 AND 23 BY THE FOLLOWING VOTE: AYES: Davis, Stanton, Scandura, Kokal, Shomaker, Dingwall, Ray NOES: None ABSENT: None ABSTAIN: None MOTION PASSED Discussion ensued about the amount of items on the agenda. The Commission requested that staff provide more information on Public Hearing Item No. B-3 (Bel Air Residential). Staff suggested that the Commission make a motion and provide direction. 3. DR. MATHIS FOLLOW-UP — Randy Kokal A MOTION WAS MADE BY DAVIS, SECONDED BY SHOMAKER, TO DEFER THE ITEM TO AUGUST 26, 2003 BY THE FOLLOWING VOTE: AYES: Davis, Stanton, Scandura, Kokal, Shomaker, Dingwall, Ray NOES: None ABSENT: None ABSTAIN: None MOTION PASSED 4. 2NO UNIT ORDINANCE (GRANNY FLAT,) — Scott Hess Staff provided information on proposed amendments to Chapter 230.10 (Accessory Dwelling Unit Ordinance) of the HBZSO because of restrictions imposed by AB 1866 amending Government Code Section 65852.2 regarding local government review of proposed second units. The Commission voiced concerns related to privacy and adding a 2"d story without an application for entitlement. A MOTION WAS MADE BY DAVIS, SECONDED BY KOKAL, TO SCHEDULE THE ITEM FOR ADDITIONAL DISCUSSION AT A FUTURE STUDY SESSION BY THE FOLLOWING VOTE: AYES: Davis, Stanton, Scandura, Kokal, Shomaker, Dingwall, Ray NOES: None ABSENT: None ABSTAIN: None MOTION PASSED (03p=0s12) PC Minutes August 12, 2003 Page 3 6. AGENDA REVIEW— Herb Fauland The Commission and staff discussed postponing Public Hearing Item No. B-3, and moving Public Hearing Item No. B-4, Consent Item Nos. C-1, C-2,'and C-3, and Non - Public Hearing Item No. D-1 to the beginning of the agenda. Staff identified late communication received for tonight's public hearing items. PUBLIC COMMENTS — Renarding Study Session portion of Meetinq - None. 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, Kokal, Shomaker, Dingwall, Ray AGENDA APPROVAL A MOTION WAS MADE BY RAY, SECONDED BY SCANDURA; TO MOVE PUBLIC HEARING ITEM NO. B-4, CONSENT ITEM NOS: C-1, C-2, AND C-3, AND NON-PUBLIC HEARING ITEM NO. D-1 TO THE BEGINNING OF THE AGENDA, BY THE FOLLOWING VOTE. AYES: Davis, Stanton, Scandura, Kokal, Shomaker, Dingwall, Ray NOES: None ABSENT: None ABSTAIN: = None MOTION PASSED A MOTION WAS MADE BY DAVIS, SECONDED BY STANTON TO OPEN THE PUBLIC HEARING ON ITEM NO. B-3 TO ALLOW PUBLIC TESTIMONY PRIOR TO STAFF'S PRESENTATION BY THE FOLLOWING VOTE: AYES: Davis, Stanton NOES: Scandura, Kokal; Shomaker, Dingwall,- Ray ABSENT:- -.None ABSTAIN: , • None'. = MOTION FAILED (03p=0812) PC Minutes August 12, 2003 Page 4 AGENDA ITEMS WILL BE LISTED IN THEIR ORIGINAL ORDER A. ORAL COMMUNICATIONS Chris Stacy, Wetlands Village, spoke in opposition to Public Hearing Item No. B-1 (Poseidon Seawater Desalination Plant). He thanked the Commission for reconsidering certification of the EIR and voiced concerns regarding the project's negative impacts to the community. Joey Racano, Ocean Outfall Group, spoke in opposition to Public Hearing Item No. B-1 (Poseidon Seawater Desalination Plant), voicing concerns about the proposed project's effects on the Little Shell Wetlands, brine content levels and intake/outfall pipe entrainment/impingement. He also discussed the July 2002 Clean Water Act Waiver related to sewage dumping and the Orange County Sanitation District (OCSD). Stefanie Warren, Surfrider Foundation, spoke in opposition to Public Hearing Item No. B-1 (Poseidon Seawater Desalination Plant), voicing concerns related to entrainment and impingement. Lou Baker, Huntington Beach, spoke in support of Public Hearing Item No. B-1 (Poseidon Seawater Desalination Plant). He discussed drought insurance, brine as a preservative, and how AES, Poseidon and OCSD should consider other options for a joint venture to ensure water production through the proposed facility. , John Earl, Huntington Beach, spoke in opposition to Public Hearing Item No. B-1 (Poseidon Seawater Desalination Plant). He discussed water as a human right, and voiced concerns related to public notification. B. PUBLIC HEARING ITEMS - PROCEDURE: Commission Disclosure Statement(s), Staff Report Presentation, Commission Questions, Public Hearing, Discussion/Action. B-1. 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. This EIR was certified by the Planning Commission on July 8, 2003 and then on July 22, 2003 the Planning Commission voted to reconsider this item. Location: 21730 Newland (east side, south of Edison Avenue) Project Planner: Ricky Ramos, Associate Planner Ricky Ramos, Associate Planner, made a presentation to the Commission. A MOTION WAS MADE BY DAVIS, SECONDED BY KOKAL, TO INCORPORATE AND CONSIDER ALL PROJECT -RELATED INFORMATION OR TESTIMONY RECEIVED TO DATE (MAY 27, JUNE 3, JULY 8, JULY 22; AND AUGUST 12, 2003) PRIOR TO VOTING ON CERTIFICATION OF EIR 00- 02, BY THE FOLLOWING VOTE: AYES: Davis, Scandura, Stanton, Kokal, Shomaker, Dingwall, Ray NOES: None ABSENT: None ABSTAIN: None MOTION PASSED (03p=0812) PC Minutes August 12, 2003 Page 5 THE PUBLIC HEARING WAS OPENED: Ron Van Blarcom, Poseidon Resources, spoke in support of the item. He discussed the applicant's August 7, 2003 response to issues raised by the Surfrider Foundation on August 5, 2003. He also discussed projects cumulative impacts and how they relate to California Coastal Commission (CCC), North America Free Trade Agreement (NAFTA), etc. He stated that the CCC has not taken a formal position on this request. Mike Revelle, Huntington Beach, spoke in support of the item referencing population growth, a reliable water source and future drought issues. He also discussed salinity levels in the outfall area. Robert Harrison, Huntington Beach, spoke in support of the item referencing water quality testing programs, thermal elevation of discharge water, brine levels and plant conditions, described as clean, quiet, and environmentally friendly. Ken Maylone, Huntington Beach, spoke as a business representative for Operating Engineers Local 12. Although not opposed to the project itself, the engineers do have concerns related to harmful environmental elements and private industry profiting from a public commodity. Marty Earlebaugh, Huntington Beach, spoke in support of the item due to a state water crisis and population growth. Michele Revelle, Huntington Beach, spoke in support of the item and the EIR, stating the project will have a minimum effect on the environment. John Scott, Huntington Beach, spoke in opposition to the item. He discussed the global water market and stated that the applicant was partnered with two (2) major water corporations. He also described drinking water as a commodity and basic human right and voiced concerns related to quality of life, air quality and the possible effects on sea life. He asked the Commission to seek State guidance. Jan Vandersloot, Ocean Outfall Group, spoke in opposition to the item. He discussed the California Energy Commission (CEC) Surf Zone Water Quality Impact Report by KOMEX, and urged the Commission to postpone decision until the report findings could be considered. He also discussed the AES discharge plume and information related to other desalination facilities (Long Beach, California; Tampa Bay, Florida). He asked the Commission to add a condition to widen Newland. Joey Racano, Ocean Outfall Group, spoke in opposition to the item and discussed the July 2002 Clean Water Act Waiver related to sewage dumping and the Orange County Sanitation District (OCSD). He voiced concerns regarding information provided by the Irvine Ranch Water District (IRWD) about lead compounds in water pipes, membrane material at a desalination plant in Tampa Bay, Florida, and how Poseidon's product will not be used in Huntington Beach. John Earl, Huntington Beach, spoke in opposition to the item, calling the EIR an independent evaluation that communicates ideas requested by developers. He urged the Commission to consider the rights of those who depend on the ocean (03p=0812) PC Minutes August 12, 2003 Page 6 environment (natural resources). He also stated that the EIR does not address privatization issues. Larry Porter, Ocean Outfall Group, spoke in opposition to the item, voicing concerns related to contamination (bacteria, buoyant constituents and pesticides and pharmaceutical material found with the intake and outfall pipes.) Billy Owens, Poseidon Resources, spoke in support of the item. He addressed concerns heard by previous speakers about production problems at a desalination plant in Tampa Bay, Florida, misinterpreted information received by the CCC, and the KOMEX report that vindicates AES as not a contamination source. The Commission asked about cartridge filters associated with the Tampa Bay, Florida desalination plant. Mr. Owens explained that filter water is exposed to air and organisms can grow there. He continued by stating that organisms need to be removed earlier in the process. The Commission asked about the cost of water to the wholesaler. Mr. Owens responded that the cost was approximately $830 per acre-foot. The Commission asked about the Metropolitan Water District's subsidy. Mr. Owens responded that the MWD's subsidy was approximately $250 per acre- foot. The Commission asked about the cost of bottled water. Mr. Owens responded that it is about $1.5 million per acre-foot. WITH NO ON ELSE PRESENT TO SPEAK, THE PUBLIC HEARING WAS CLOSED. Discussion ensued about increased water prices and the City not being a recipient of the desalinated water produced by Poseidon. Commissioner Davis stated that the applicant has produced information on salinity levels, and AES average daily pumping that he finds to be reliable. He questioned legal issues related to the CEQA process and adding a condition of approval that requires AES to provide Poseidon with a maximum of 20% of the water pumped during electricity production, and a finding that suggests certain mitigation measures are unnecessary. Discussion ensued about what environmental impacts are considered significant and insignificant by CEQA. Kevin Thomas, RBF Consulting, discussed the concept of 4befterment7, a term used by CEQA to reduce an undesirable effect. He discussed the Commission imposing conditions that mitigate impacts to protect ocean water quality, but qualified that the project was not identified as causing significant marine biological impacts. Therefore, there is no basis for requiring mitigation measures. The Commission asked about the ocean water's "dead zone" and voiced concerns about the impact from salinity levels,and pipe height from the ocean floor for dilution purposes. (03p=0812) PC Minutes August 12, 2003 Page 7 The Commission asked about bringing an existing use into conformance when zoning laws change. Staff replied that only the portion of the existing use that ties into the new use must be in conformance. Staff further explained that AES is a conforming use within a non -conforming structure. The Commission and staff discussed scenarios related to the existing land lease agreement between the applicant and AES. The Commission discussed the strength of the AES discharge plume, and normal and worst -case scenarios related to salinity levels within the plume and how variations affect organisms and plant life. The Commission discussed the possibility of Poseidon applying independently for a stand-alone, water production facility. A MOTION WAS MADE BY DAVIS, SECONDED BY SCANDURA, TO CERTIFY EIR NO.00-02 AS ADEQUATE AND COMPLETE IN ACCORDANCE WITH CEQA REQUIREMENTS BY APPROVING RESOLUTION NO.1682. The Commission discussed the large volume of project -related material and detail to review, and the difficulty in understanding overlapping jurisdictions and environmental impact issues that do not fall within the scope of the EIR. The Commission suggested that the issue of entrainment and impingement were not adequately addressed in the EIR. It was requested that the Commission delay decision until it has had adequate time to review findings within the KOMEX report and allow various water/state agencies to review related material and concur with the findings of the EIR before certifying it as adequate. The Commission discussed the importance of public trust and how Huntington Beach as the lead agency on this proposed project has a responsibility to the community. The Commission suggested considering alternatives to desalination to produce potable drinking water and alternative siting (a plant location that provides the least amount of environmental impacts). The Commission discussed growth inducing impacts, including the number of gallons of drinking water produced daily, whether or not the water product should be identified as "replacement" water, and issues related to the contract with the Rancho Santa Margarita District for production of 25 million gallons of drinking water per day. It was also mentioned that 14,000 homes are planned to be built in areas surrounding Rancho Mission Viejo, that CEQA requires growth inducing impacts be considered, and a question as to where the remaining 25 million gallons of drinking water produced daily will end up. Discussion ensued about restoration of the area designated as wetlands, and how CEQA guidelines state that public hearings gather new information that should be considered within the EIR. The Commission voiced concerns about the EIR not identifying potential impacts to the environment through increased electrical usage. (03p=0812) PC Minutes August 12, 2003 Page 8 It was suggested that Commissioner Davis withdraw his motion to recertify the EIR until the City, in concert with other agencies (CEC, CCC, etc.) can evaluate the project as a whole and include data collected from other agencies relative to the proposed project. Staff described the CCC's report on desalination as a broad policy document that should be used as a guidance tool only. Staff also cautioned the Commission about their role in private vs. public water ownership matters, and state agency jurisdiction. Kevin Thomas explained how the growth inducing, entrainmentrmpingement, wetland and energy production impacts identified by the Commission as significant were considered insignificant by expert consultants, and that an EIR is designed to evaluate prospective development at a given point in time, per circumstance, and with existing conditions. He also suggested that the Commission hear from Elaine Archibald for comments about the KOMEX Report. Elaine Archibald approached the podium to inform the Commission that she had read the KOMEX Report, and that nothing in the document contradicts the Sanitary Survey or water quality data provided in the Poseidon EIR. She read excerpts identifying four (4) conclusions found in the report including sub -thermal incline water intake, bacteria concentration during the intake/outfall process, land based sources of bacteria significant to contamination, and sanitary sewer source connections. The Commission requested that they, along with staff, be given time to review the KOMEX report, along with the CCC's report on desalination prior to making a decision on the adequacy of the EIR. The Commission made the following disclosures: Commissioner Ray spoke with Billy Owens (Applicant), Jim Adams, Lena Hayashi, Joe Geever and Marco Gonzales (Surfrider Foundation), Linda Moon, Lary Porter, Tom Luster and Allison Dittmar (CCC). Commissioner Dingwall had no disclosures to make. Commissioner Shomaker spoke with Vic Leipzig (Poseidon Resources). Chair Kokai spoke with various CCC representatives, Billy Owens (Applicant), and responded to email correspondence. Commissioner Stanton spoke with Billy Owens (Applicant), and several members of the public. Commissioner Scandura had no disclosures to make. Commissioner Davis spoke with John Erskine, Vic Leipzig, Larry Porter, members of the public and responded to email correspondence. Commissioner Stanton called for the question: (03p=0812) PC Minutes August 12, 2003 Page 9 A MOTION WAS MADE BY DAVIS, SECONDED BY SCANDURA, TO CERTIFY EIR NO.00-02 AS ADEQUATE AND COMPLETE IN ACCORDANCE WITH CEQA REQUIREMENTS BY APPROVING RESOLUTION NO. 1582, BY THE FOLLOWING VOTE: AYES: Davis, Scandura, Stanton, Shomaker NOES: Kokal, Dingwall, Ray ABSENT: None ABSTAIN: None MOTION PASSED B-2. FROM JULY 22, 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 A MOTION WAS MADE BY STANTON, SECONDED BY SHOMAKER, TO CONTINUE CONDITIONAL USE PERMIT NO.02-041COASTAL DEVELOPMENT PERMIT NO.02-05 (POSEIDON SEAWATER DESALINATION PLANT) WITH PUBLIC HEARING CLOSED TO AUGUST 26, 2003, BY THE FOLLOWING VOTE: AYES: Scandura, Stanton, Kokal, Shomaker, Dingwall NOES: Davis, Ray ABSENT: None ABSTAIN: None MOTION PASSED Commissioner Dingwall confirmed that he will distribute a copy of the KOMEX report on CD -Rom to the Commission and staff. B-3. Applicant: Bill Holman, PLC Land Company Request: CUP: To construct 104 residential units on a site with a grade differential of three feet or greater and retaining walls two feet high or greater (maximum 7 feet high). TTM: To subdivide 17.89 acres of land into 106 numbered lots and nine (9) lettered lots for residential development purposes. The subdivision also includes one 4.01-acre parcel to be dedicated for park purposes and one 1.36-acre remnant lot for ongoing soil remediation. VAR: To allow a 10-foot building separation in lieu of the minimum required 15-foot building separation. Location: 18800 Gothard (03pan0812) PC Minutes August 12, 2003 Page 10 Street (southeast comer of Gothard Street and Promenade Parkway) Project Planner: Rami Talleh, Assistant Planner WITH NO ONE PRESENT TO SPEAK, THE PUBLIC HEARING WAS NOT OPENED. A MOTION WAS MADE BY STANTON, SECONDED BY DINGWALL, TO CONTINUE CONDITIONAL USE PERMIT NO.03-081TENTATIVE TRACT MAP NO. 16490NARIANCE NO.03-10 (BEL AIR RESIDENTIAL DEVELOPMENT) WITH PUBLIC HEARING OPEN TO AUGUST 26, 2003, BY THE FOLLOWING VOTE: AYES: Davis, Scandura, Stanton, Kokal, Shomaker, Dingwall, Ray NOES: None ABSENT: None ABSTAIN: None MOTION PASSED B-4. CONDITIONAL USE PERMIT NO.03-21/LIMITED SIGN PERMIT NO.03-02 (HUNTINGTON BEACH HOSPITAL ELECTRONIC READER BOARD SIGN): Applicant: Mark Pelham Request: CUP: To construct a new 18 foot, 8 inch high, 68 square foot electronic reader board sign at Huntington Beach Hospital replacing the existing freestanding sign on Beach Boulevard. The fixed copy on the reader board sign includes, "Basic Emergency Services" in lieu of the business name only. LSP: To allow an existing non -confirming 12-foot high, 17.5 sq. ft. freestanding sign on Newman Avenue to remain for a maximum two year period and then be replaced by a conforming seven foot high, 50 sq. ft. freestanding sign. The future freestanding sign includes the copy, "Basic Emergency Services" in lieu of the business name only. Location: 17772 Beach Boulevard (east side of Beach, approximately 400 feet south of Newman Avenue) Project Planner: Jane James, Senior Planner Jane James, Senior Planner, made a presentation to the Commission. The Commission and staff discussed code provision information on page 6 of the staff report including sign height, separation distance from other reader board signs, and signage being perpendicular to the street. The Commission asked if staff has knowledge of any complaints on other reader board signs within the City. Staff replied no. Staff provided a brief history on reader board signs that currently exist in the City. THE PUBLIC HEARING WAS OPENED: Mary Monticello, Huntington Beach Hospital, spoke in support of the item. She stated that the existing monument sign is 35 years old, and discussed the importance of a reader board sign that will serve approximately 283,000 residents in the immediate service area. She also discussed what information the sign will advertise, and how its visibility will allow better access to the hospital. (03p=0812) PC Minutes August 12, 2003 Page 11 The Commission asked if the signs operating hours comply with the zoning code. Staff confirmed. Art Aviles, Huntington Beach Hospital, spoke in support of the item. He supports Ms. Botticelli's comments and provided the Commission with photos showing the distance between Beach Blvd. and the front of the hospital, making it difficult for vehicular traffic to judge where to enter the property. - WITH NO ONE ELSE PRESENT TO SPEAK, THE PUBLIC HEARING WAS CLOSED. A MOTION WAS MADE BY RAY, SECONDED BY DAVIS, TO APPROVE CONDITIONAL USE PERMIT NO.03-01 AND LIMITED SIGN NO.03-02 WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Davis, Scandura, Stanton, Kokal, Shomaker, Dingwall, Ray NOES: None ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.03-21: 1. Conditional Use Permit No. 03-21 for the establishment, maintenance and operation of the 18 ft., 8 in. high, 68 square foot electronic reader board sign with the copy "Huntington Beach Hospital Basic Emergency Services" in lieu of the business name only, 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 improvements in the neighborhood. The location of the sign does not interfere with sight distance into and out of the hospital entry drive, the reader board sign complies with code requirements regarding devoting a portion of message time to public service announcements, and will comply with hours of operation and maximum light output as required by code. 2. The conditional use permit will be compatible with surrounding uses because the electronic reader board sign will be located on Beach Boulevard, a heavy traveled State Highway and no light sensitive use will be affected. Other medical and commercial establishments within the immediate vicinity surround the hospital site and the proposed sign will not impede their operations. 3. The proposed 18 ft., 8 in. high, 68 square foot electronic reader board sign with the copy "Huntington Beach Hospital Basic Emergency Services" in lieu of the business name only 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. In addition, the project will also comply with specific conditions required for the proposed electronic reader board, such as maximum light output, public service message time, and intervals between messages. Although the project initially will not comply with the requirement for size limitations on a secondary freestanding sign, the applicant has requested approval of Limited Sign Permit No. 03-02, allowing (03p=0812) PC Minutes August 12, 2003 Page 12 the non -conforming sign to remain for two years and then be replaced with a conforming sign. 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 CO- F2A (Commercial Office — 0.75 Floor Area Ratio) on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: A. Land Use Element Goal LU1: Achieve development that maintains or improves the City's fiscal viability and reflects economic demands while maintaining and improving the quality of life for the current and future residents of Huntington Beach. The proposed electronic reader board sign allows the hospital to more effectively advertise its services while also devoting 10% of message time to public service announcements. Objective LU 4.1: Promote the development of residential, commercial, industrial, and public buildings and sites that convey a high quality visual image and character. The proposed electronic reader board sign and future monument sign on Newman Avenue have been reviewed and recommended for approval by the Design Review Board. The signs include the purple Huntington Beach Hospital logo color, red "Basic Emergency Services," and the structural support poles are texture coated in a color and material to match the hospital building. B. Urban Design Element Implementation Program WD 6: Through the development or design review process, require or continue to: 1. Review all projects for potential visual impacts to surrounding areas; 2. Require Design Review Board review of all projects within areas designated by the City Council or deserving special aesthetic consideration; these areas include, but are not limited to, the Downtown Specific Plan area, Beach Boulevard, Pacific Coast Highway, areas adjacent to or zoned as Public -Semipublic, areas within primary and secondary entry nodes, and Redevelopment Project areas. The Design Review Board (DRB) reviewed the proposed colors, materials, and elevations of the electronic reader board sign and the future conforming Newman Avenue monument sign. The DRB recommends approval of the reader board and future monument sign to the Planning Commission finding the colors and materials compatible with surrounding sites. 5. 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 Class 11, Section 15311 of the CEQA Guidelines, because CEQA states construction or placement of (03p=0812) PC Minutes August 12, 2003 Page 13 minor accessory structures, including signs, is exempt from further environmental review. FINDINGS FOR APPROVAL - LIMITED SIGN PERMIT NO. 03-02: 1. Due to unique circumstances, the sign's immediate removal will result in a substantial hardship for the applicant because. The applicant is requesting permission to allow the existing sign to remain so that its removal and replacement can be budgeted for within two years of approval of the reader board sign. 2. The sign will not adversely affect other lawfully erected signs in the area because it is the only other freestanding sign on Newman Avenue, the existing sign was legally constructed at the time it was built, and it will remain for a maximum two year period. The sign does not contribute to visual clutter because there are no other existing freestanding signs visually affected by the existing sign. 3. The sign will not be detrimental to properties located in the vicinity because the current non -conforming sign does not conflict with traffic visibility on Newman, the sign is architecturally pleasing but too large compared to current size requirements, and will be replaced with a conforming sign within two years. 4. The sign will be in keeping with the character of the surrounding area because the current sign complements the existing hospital grounds and the proposed conforming sign architecturally matches the proposed electronic reader board sign. 5. The sign will not obstruct vehicular or pedestrian traffic visibility and will not be a hazardous distraction. The location of the new sign will be identical to the existing sign, located beyond the traffic sight angle visibility triangle, and will not impede pedestrian traffic on Newman Avenue. CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO.03-21: 1. The site plan received and dated April 4, 2003, electronic reader board elevations received and dated June 3, 2003, and Newman Avenue freestanding limited sign permit elevations received and dated July 7, 2003 shall be the conceptually approved layout with the following modifications: a. Elevations of both signs shall be revised depicting minimum six-inch high numerals for the proposed street addresses. 2. Prior to submittal for building permits, the zoning entitlement conditions of approval shall be printed verbatim on one of the first three pages of all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical and plumbing) and shall be referenced in the sheet index. The minimum font size utilized for printed text shall be 12 point. 3. The final building permit(s) cannot be approved until the following has been completed: (03p=0812) PC Minutes August 12, 2003 Page 14 a. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department. b. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off -site facility equipped to handle them. 4. The use shall comply with the following: a. The electronic reader board shall have cylinders, a shade screen, and a photocell for reducing the intensity of lighting at night (Code Requirement). b. The maximum measurable light output of the electronic reader board shall not exceed 50 foot-candles at any property line (Code Requirement). c. Temporary banners, flags, etc. at the hospital property shall be permitted a maximum of 15 days per calendar year (Code Requirement). d. Hours of operation for the electronic reader board sign shall be limited to between 6:30 AM to 10:30 PM. At least 10 percent of the message time, or any percentage deemed necessary by the City for emergency conditions, shall be used for public service announcements (Code Requirement). e. Messages in an electronic reader board shall be no faster than on message every four seconds, and the minimum interval between messages shall be at least one second. Continuous motion of messages is not permitted (Code Requirement). Light intensity changes (other than between day and night uses) are not permitted (Code Requirement). 5. 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 Huntington Beach Zoning and Subdivision Ordinance. 6. The applicant and/or applicant's representative shall be responsible for ensuring the accuracy of all plans and information submitted to the City for review and approval. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Conditional Use Permit No. 03-21 and Limited Sign Permit No. 03-02 shall not become effective until the ten calendar day appeal period has elapsed. (03p=0812) PC Minutes August 12, 2003 Page 15 2. Conditional Use Permit No. 03-21 shall become null and void unless exercised within one year of the date of final approval, which is August 12, 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. 03-21 and Limited Sign Permit No. 03-02, 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. The development shall comply with all applicable provisions of the Municipal Code, Building Department, and Fire Department as well as applicable local, State and Federal Fire Codes, Ordinances, and standards, except as noted herein. 5. Construction shall be limited to Monday — Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 6. All applicable fees from the Building, Public Works, and Fire Departments shall be paid prior to the issuance of Building Permits. 7. 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. 8. All landscaping shall be maintained in a neat and clean manner, and in conformance with the HBZSO. Prior to removing or replacing any landscaped areas, check with the Departments of Planning and Public Works for Code requirements. Substantial changes may require approval by the Planning Commission. 9. All permanent, temporary, or promotional signs shall conform to Chapter 233 of the HBZSO. Prior to installing any new signs, changing sign faces, or installing promotional signs, applicable permit(s) shall be.obtained from the Planning Department. Violations of this ordinance requirement may result in permit revocation, recovery of code enforcement costs, and removal of installed signs. 10. An encroachment permit shall be required for all work within the right-of- way. (PW) CONDITIONS OF APPROVAL —LIMITED SIGN PERMIT NO.03-02: 1. The site plan received and dated April 4, 2003 and Newman Avenue freestanding limited sign permit elevations received and dated July 7, 2003 shall be the approved layout with the following modifications: (03p=0812) PC Minutes August 12, 2003 Page 16 a. Revise the elevations to depict minimum six-inch high address numerals on both the electronic reader board sign and the proposed future freestanding sign on Newman Avenue. 2. Limited Sign Permit No. 03-02 shall be valid for up to two years (until August 12, 2004). At that time the existing 12 ft. high, 17.5 square foot freestanding sign on Newman Avenue shall be removed and replaced with a conforming seven ft. high, 20 square foot sign as depicted in the elevations received and dated July 7, 2003. 3. Prior to issuance of building permits, the applicant shall file a cash bond in the amount of $5,000.00 with the City for the purpose of indemnifying the City for any and all costs incurred in the removal of the existing 12 ft. high, 17.5 square foot freestanding sign on Newman Avenue. If the sign is not made to conform with the applicable provisions of the sign ordinance after two (2) years from the date of approval, the city of Huntington Beach or its agents or employees may enter on the property where said signs are located and remove said signs and the cost of removal shall be deducted from the cash bond and summarily forfeited and paid over to the City of Huntington Beach, and the remainder, if any, returned to the person depositing the bond. 4. The Planning Commission reserves the right to rescind this Limited Sign Permit approval in the event of any violation of the terms of the applicable zoning laws. Any such decision shall be preceded by notice to the applicant and a public hearing and shall be based on specific findings. C. CONSENT CALENDAR C-1. PLANNING COMMISSION MINUTES DATED MAY 13, 2003 (CONTINUED FROM JULY 2Z 2003) A MOTION WAS MADE BY RAY, SECONDED BY SHOMAKER, TO APPROVE BY THE FOLLOWING VOTE: AYES: Davis, Stanton, Kokal, Shomaker, Dingwall, Ray NOES: None ABSENT: None ABSTAIN: Scandura MOTION PASSED C-2. PLANNING COMMISSION MINUTES DATED JUNE 3, 2003 A MOTION WAS MADE BY RAY, SECONDED BY SHOMAKER, TO APPROVE BY THE FOLLOWING VOTE: AYES: Davis, Stanton, Kokal, Shomaker, Dingwall, Ray NOES: None ABSENT: None ABSTAIN: Scandura MOTION PASSED (03p=0812) PC Minutes August 12, 2003 Page 17 C-3. PLANNING COMMISSION MINUTES DATED JUNE 10, 2003 A MOTION WAS MADE BY RAY, SECONDED BY SHOMAKER, TO APPROVE BY THE FOLLOWING VOTE: AYES: Davis, Kokal, Shomaker, Dingwall, Ray NOES: None ABSENT: None ABSTAIN: Scandura, Stanton MOTION PASSED D. NON-PUBLIC HEARING ITEMS D-1. FLOOD MANAGEMENT PLAN ANNUAL REVIEW AND UPDATE: Applicant: City of Huntington Beach Planning Department Request: Annual review and update of the Flood Management Plan for 2002-2003 Location: Citywide Project Planner: Ricky Ramos, Associate Planner Ricky Ramos, Associate Planner gave a brief presentation to the Commission. The Commission and staff discussed information provided on Attachment No. 2, (County of Orange Seven -Year Flood Control Improvement Plan), and information provided on page 4 of the staff report indicating improvements, funding source and cost information on current City infrastructure projects. Discussion ensued regarding submitting the annual review to FEMA prior to the October 1, 2003 deadline. The Commission asked about the cleaning of storm drains. Staff explained that channels are typically cleaned twice annually, or as needed. The Commission asked staff to explain the following activity items listed on Attachment No. 1 (July 1, 2002 — June 30, 2003 Annual Review): ■ 8.1.2 - Protect public facilities from flooding ■ 8.1.3 - Assist managers and owner of critical facilities to develop flood protection plans ■ 8.1.4 - Encourage flood proofing and retrofitting property/structures to prevent substantial flood damage and provide technical information ■ 8.1.5 - Continue to update, distribute, and provide flood protection information and materials ■ 8.1.6 - Maintain adequate flood insurance on public structures ■ 8.1.9 - Continue to participate in the National Flood Insurance Program and Community Rating System ■ 8.1.13 - Encourage the State to modify the roadway profile of Pacific Coast Highway between Wamer Avenue and Goldenwest Street to prevent street closure due to flooding ■ 8.2.1 - Upgrade the City's flood control system (storm drains, catch basins, pump stations, and channels) to current FEMA standards (100-year flood) and concentrate on the repetitive flood areas first (03p=0812) PC Minutes August 12, 2003 Page 18 ■ 8.2.3 - Evaluate existing street conditions for replacement and/or installation of facilities to allow proper conveyance of storm flows to the City's flood control system ■ 8.2.4 - Maintain the City's flood control system and continue biannual inspection and cleaning of City's flood control system ■ 8.2.6 - Lobby the federal, state and county governments to study, pursue and expand the wetlands from Beach Blvd. to Brookhurst Street for floodwater mitigation ■ 8.2.7 - Evaluate and upgrade open areas, e.g., Meadowlark Golf Course, Central Park, Good Shepherd Cemetery to eliminate offsite drainage and subsequent impact to private property ■ 8.2.8 - Continue to support reconstruction of deteriorating seawalls ■ 8.4.2 - Investigate and install in -line wetlands in drainage courses wherever feasible ■ 8.4.4 - Encourage the State to maintain the coastal dunes adjacent to the Bolsa Chica wetlands and in the Huntington Beach wetlands to better protect the areas from storm surges ■ 8.5.1 - Establish building setbacks from all slopes including mesa and bluff edges ■ 8.6.2 - Evaluate the possibility of the City purchasing surplus school sites to allow playfields to remain as open areas and provide for floodwater retention areas A MOTION WAS MADE BY RAY, SECONDED BY SHOMAKER, TO ACCEPT AS PRESENTED WITH CHANGES, THE FLOOD MANAGEMENT PLAN ANNUAL REVIEW AND UPDATE AND FORWARD TO THE CITY COUNCIL FOR FINAL CONSIDERATION BY THE FOLLOWING VOTE: AYES: Davis, Stanton, Scandura, Kokal, Shomaker, Ray NOES: Dingwall ABSENT: None ABSTAIN: None MOTION PASSED E. PLANNING COMMISSION ITEMS E-1. PLANNING COMMISSION COMMITTEE REPORTS — None. E-2. PLANNING COMMISSION COMMENTS Commissioner Davis — None. Commissioner Scandura — Provided notification of an excused absence on August 26, 2003. Commissioner Stanton — None. Commissioner Kokal — None. Commissioner Shomaker — voiced concerns about the type of tape used by 4`" of July Parade spectators to reserve seating areas along the parade route. (03p=0812) PC Minutes August 12, 2003 Pagel9 Commissioner Dingwall — inquired about Shea Homes request to annex approximately 4.9 acres of unincorporated land into the City of Huntington Beach. Staff explained that the request is scheduled for hearing on Wednesday, August 13, 2003, by the Local Agency Formation Commission (LAFCO). Staff further explained that all previously approved entitlements and conditions of approval associated with the Shea Homes Parkside Estates project remain in effect. Commissioner Ray — None. ADJOURNMENT: Adjourned at 12:00 p.m. to the next regularly scheduled Planning Commission meeting of August 26, 2003. HZ:HF:d APPROVED Howard efsky, Secr tary Ron Davis, Chair (03p=0812)