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HomeMy WebLinkAbout2003-08-26MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, AUGUST 26, 2003 HUNTINGTON BEACH CIVIC CENTER 2000 MAIN STREET, HUNTINGTON BEACH, CALIFORNIA 92648 5:15 P.M. - ROOM B-8 CALL PLANNING COMMISSION MEETING TO ORDER P A A P P P A ROLL CALL Davis, Scandura, Stanton, Kokal, Shomaker, Dingwall, Ray Commissioner Ray arrived at 5:35 p.m. A. STUDY SESSION ITEMS 1. DR. MATHIS FOLLOW-UP (CONTINUED FROM AUGUST 12.2003) — Randy Kokal A MOTION WAS MADE BY DAVIS, SECONDED BY DINGWALL, TO CONTINUE THE DR. MATHIS WORKSHOP FOLLOW-UP FOR 90 DAYS TO ALLOW NEW COMMISSIONERS TIME TO BECOME FAMILIAR WITH THE WORKSHOP MATERIAL AND GOALS ESTABLISHED BY THE PLANNING COMMISSION, BY THE FOLLOWING VOTE: AYES: Davis, Kokal, Shomaker, Dingwall NOES: None ABSENT: Scandura, Stanton, Ray ABSTAIN: None MOTION PASSED 2. REVIEW OF THE APPEAL PROCESS — Randy Kokal The Commission asked if an Environmental Impact Report (EIR) certified by the Planning Commission is appealed by the City Council, does it automatically appeal action on related entitlements (Conditional Use/Coastal Development Permits)? Staff answered no. Discussion ensued regarding the 10-day appeal period and possible conflicts with an approved EIR when entitlements are denied. The Commission asked about protocol and the 180-day period following EIR action. Staff cited information included in Section 248.20, Subsection D Appeal of Decision of the Huntington Beach Zoning and Subdivision Ordinance. 3. AGENDA REVIEW — Herb Fauland Mr. Fauland identified items on tonight's agenda, and suggested moving Public Hearing Item No. B-2 to the beginning of the agenda. (03PCM0826) PC Minutes August 26, 2003 Page 2 PUBLIC COMMENTS — Renardinct Study Session portion of Meeting Bill Holman, PLC Land Co., spoke regarding Public Hearing Item No. B-2 (Bel Air Residential Development). He requested that the Commission continue the item until September 9, 2003 and informed them that he met with neighboring businesses who had various concerns, and that modifications were being made to his application to accommodate those affected by the proposed development. 6:30 P.M. — RECESS FOR DINNER 7:00 P.M. — COUNCIL CHAMBERS PLEDGE OF ALLEGIANCE — Led by Commissioner Shomaker P A A P P P P ROLL CALL: Davis, Scandura, Stanton, Kokal, Shomaker, Dingwall, Ray CHAIR KOKAL MADE A PRESENTATION OF RESOLUTION NO. 1685 EXPRESSING APPRECIATION TO OUTGOING PLANNING COMMISSIONER DON STANTON Commissioner Davis acknowledged Mr. Stanton's numerous accomplishments throughout his years of service to the City. AGENDA APPROVAL A MOTION WAS MADE BY RAY, SECONDED BY DAVIS, TO MOVE PUBLIC HEARING ITEM NO. B-2 (BEL AIR RESIDENTIAL) TO THE BEGINNING OF THE AGENDA BY THE FOLLOWING VOTE: AYES: Davis, Kokal, Shomaker, Ray NOES: Dingwall ABSENT: Scandura, Stanton ABSTAIN: None MOTION PASSED AGENDA ITEMS WILL BE LISTED IN THEIR ORIGINAL ORDER A. ORAL COMMUNICATIONS Mary Jo Baretich, We Vote, spoke in opposition to Public Hearing Item No. B-1 (Poseidon Seawater Desalination Plant). She voiced concerns related to bacteria and pollution, discussed how the project would affect Cabrillo Mobile Home Park residents, and urged the Commission to deny the project. Jeff Ackley, We Vote, spoke in opposition to Public Hearing Item No. B-1 (Poseidon Seawater Desalination Plant). He described Huntington Beach as a tourist destination, voiced concerns about beach closures due to contamination, and urged the Commission to deny the project. Joey Racano, We Vote, spoke in opposition to Public Hearing Item No. B-1 (Poseidon Seawater Desalination Plant). He voiced concerns about the project being built near a (03p=0826) PC Minutes August 26, 2003 Page 3 designated wetland area and stated that it will provide an upgrade for the AES power plant. He described the desalination process as "brewing bacteria" with use of organic chloride that is harmful to the environment, and voiced opposition to Rancho Santa Margarita Water District being the recipient of the project's drinking water product. 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 NO.02-05 (POSEIDON SEAWATER DESALINATION PLANT - CONTINUED FROM AUGUST 12, 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 Ricky Ramos, Associate Planner, provided a brief overview of staffs recommendations and identified the conditions of approval recommended by the Commission at their August 12, 2003 meeting. Discussion ensued about the possibility of getting four (4) votes to approve the entitlement. The Commission asked Billy Owens, applicant, if he wanted the discussion to continue, even if a decision could not possibly be reached that evening. Mr. Owens asked that the Commission continue their discussion. The Commission discussed the AES permitting process, including State of California control and imposing conditions upon Poseidon that are superceded by the AES operating permit. The Commission asked about the water table level. Billy Owens provided information on location, height and depth. Discussion ensued regarding revenue generation and the franchise agreement in place. The Commission asked if the City could preclude the sale of an existing facility with a conditional use permit, coastal development permit, etc. to another developer. Staff answered no, that it would be considered a private party matter. Division Chief/Fire Marshall Chuck Burney discussed soil specifications and standards consistent with state and federal requirements. AT 9:50 P.M. THE COMMISSION TOOK A 10-MINUTE RECESS. The Commission discussed stringent mitigation measures contained in the EIR. The Commission asked Dave Webb, City Engineer, what happens if precise studies countermand preliminary results. Mr. Webb replied that in that case, the permit would not be issued. (03p=0826) PC Minutes August 26, 2003 Page 4 Staff identified geotechnical information provided in the EIR, and references were made to the Subdivision Map Act. The Commission voiced concerns about water ponding on the property. Staff explained that ponding is absorbed into the ground or evaporates, and that the applicant's drainage and grading plans will address those issues. Staff also explained the purpose behind containment berms. The Commission voiced concerns about how the project will affect the public's general welfare and property values and improvements in the neighborhood. The Commission asked the Fire Department to provide information relating to soil remediation as mentioned in Condition of Approval No. 4.c. The Commission asked the Public Works Department to provide information on permit issuance as it relates to franchise agreements. The Commission asked about the number of mature trees being removed as mentioned in Condition of Approval No. 4.m.7. The Commission asked about Orange County's jurisdiction relating to daily grading operations and South Coast Air Quality Management District Rule 403 guidelines as mentioned in Condition of Approval No. 4.ee.9. The Commission questioned right-of-way dedication figures mentioned in Condition of Approval Nos. 3.a. and 3.b. The Commission asked about underground flammable or combustible liquid storage tanks as discussed in Condition of Approval No. 4.g. The Commission asked staff to define Assembly Bill No. 939. Staff replied that it is a state measure to reduce solid waste. The following Conditions of Approval were discussed and modified: 1.a. The landscape area on the east side of the project site (landscape area three) shall include additional Myoporum (BE MORE DESCRIPTIVE) as needed to fill in the gaps to the approval of the City Landscape Architect. (DRIB) 1.c. The final fencing and landscaping plan along Edison Avenue shall be subject to final approval by the Design Review Board after action by the Planning Commission (REWORD GRANTING PLANNING COMMISSION FINAL APPROVAL). (DRIB) 1.j. If outdoor lighting is included, fight intensity shall be limited to that necessary for adequate security and safety. All outside lighting shall be directed to prevent "spillage" onto adjacent properties, including the adjacent wetlands(ADD and upward into the sky,) and shall be shown (03p=0826) PC Minutes August 26, 2003 Page 5 on the site plan and elevations. (MM-ALG 2) IA. The landscaping along the Newland and Edison lease area street Landscape Architect. (ADD ALTERNATIVE LANGUAGE ON ATT. 3.5, #4 FOR INCREASED DENSE LANDSCAPE COVER DESCRIPTION): A perimeter of very leafy, natural trees must be planted and maintained, of sufficient height and density (at 75% maturity) to completely block off any view of the Poseidon Project on all sides except the Pacific Coast Highway side. The views from the sides outline above and the views from present or future home sites, are to be blocked so that the Poseidon Project will look like a dense stand of trees. 4.a. No grading permits shall be issued until the applicant submits written proof of final project approval by each applicable regulating agency including but not limited to the California Coastal Commission, Santa Ana Regional Water Quality Control Board, an"outh Coast Air Quality Management District, and all applicable water agencies and cities. 4.m.8) Final site design storm hydrology and hydraulics shall be submitted for review and approval to the Public Works Department. The report shall also include calculation of first flush flows to substantiate the adequacy and effectiveness of all water quality mitigation and structural best management practices. Design of all necessary drainage improvements shall provide mitigation for all rainfall events (storm frequencies up to a 100-year frequency). Mitigation may will include adequate detention storage area onsite if the project pump systems fail to operate. The final site design storm hydrology and hydraulics shall be in such a manner that there will be the least possible impact to the adjacent wetlands. 4.m.11)A Notice of Intent (NOI), Notice of Termination (NOT) and Storm Water Pollution Prevention Plan (SWPPP) shall be prepared and submitted to the Santa Ana Regional Water Quality Control Board. 4.m.12tThe f"c* th-sth Membrane cleanina solutinn shalt ho diach2raad (ADD ALTERNATIVE LANGUAGE ON ATT. 3.6, #5 FOR DETAILED SOLUTION DESCRIPTION): All materials used in cleaning and/or maintenance of the Poseidon Equipment, either initially or periodically, whether they be solids, solids in liquid or liquid will be delivered (either by truck or pipeline) to the Orange County Sanitation District for further processing prior to being returned to the sea or landfill. The cost of this activity to be borne by the Applicant or its successors. All liquid run-off from equipment, yard, grounds, spills, landscaping or for any other reason will be handled the same as above. 4.s. If soil remediation is required, a remediation plan shall be submitted to the Planning, Public Works and Fire Departments for review and approval in accordance with City Specifications No. 431-92 and the conditions of approval. The plan shall include methods to minimize remediation-related (03pam0826) PC Minutes August 26, 2003 Page 6 impacts on the surrounding properties; details on how all drainage associated with the remediation efforts shall be retained on site; details on how no wastes or pollutants shall escape the site; and details on how wind barriers around remediation equipment shall be provided. (PW) (ADD: "Any and all harmful soil contaminants must be completely removed from the City.") 4.x. In conjunction with the submittal of application for preliminary or precise (CONFUSING, POSSIBLE REWORD TO ROUGH OR FINAL) grading permits, the Applicant shall demonstrate to the satisfaction of the City Engineer that the preliminary geotechnical report recommendations have been incorporated into the grading plan unless otherwise specified in the final geotechnical report and/or by the City Engineer. (MM-GEO 2) 4.z. Prior to issuance of precise grading or building permits, which ever comes first, the applicant shall submit and obtain approval from the City of Huntington Beach of a Water Quality Management Plan (WQMP) specifically identifying Best Management Practices (BMPs) that will be used on -site to control predictable pollutant runoff (QUESTIONED PREDICTABLE) and to protect the adiacent wetlands te4he This WQMP shall identify, at a minimum, the routine, structural and non-structural measures specified in the Countywide NPDES Drainage Area Management Plan (DAMP) Appendix which details implementation of the BMPs whenever they are applicable to a project, the assignment of long-term maintenance responsibilities to the applicant, and shall reference the location(s) of structural BMPs. The applicable BMPs include: (MM-HWQ 1) 4.z.1) Plant materials that require fertilization and pest control shall be maintained (USE ANOTHER WORD, POSSIBLY utilized) in accordance with Orange County Management Guidelines for Use of Fertilizers and Pesticides; and 4.z.3) All fertilizers and pesticides used by the plant shall not pose any harmful effects upon plants, animals, and marine life in the adjacent wetland. (CLARIFY) 4.hh.3) All haul trucks shall be covered prior to leaving the site to prevent dust from impacting the surrounding areas; (DIFFERS FROM 1.19 8e (USE STRICTER CONDITION) 4.hh.5) Moisten soil each day prior to commencing grading to depth of soil cut; (CLARIFY) 4.hh.7) Treat any area that will be exposed for extended periods (DEFINE EXTENDED PERIODS) with a soil conditioner to stabilize soil or temporarily plant with vegetation; 4.hh.8) Wash mud -covered tires and under carriages of trucks leaving construction sites; (DIFFERS FROM 1.19 8f (USE STRICTER CONDITION) 4.hh.13)Use low -sulfur diesel fuel in all equipment; (DIFFERS FROM 1.19 81- USE STRICTER CONDITION) (03p=0826) PC Minutes August 26, 2003 Page 7 4.hh.15)Use electric equipment whenever practicable; and (DIFFERS FROM 1.20m - USE STRICTER CONDITION) 4.ii.3) Stockpiling and/or vehicle staging areas shall be located as far as practicable from residential (ADD and wetland) areas; and 4.ii.4) Notations (CLARIFY NOTATIONS) in the above format, appropriately numbered and included with other notations on the front sheet of grading plans, will be considered as adequate evidence of compliance with this condition. 4.kk. An archaeologist and paleontologist shall be selected by the applicant and the City to be available for archaeoloaical and paleontological findinas durina grading and construction. A qualified representative of the Native American community shall be consulted upon for appropriate Native American findings. 5.b. A corrosion report must be prepared by a qualified (CLARIFY QUALIFIED) person who will determine the suitability of buried pipe and recommend a method to protect buried pipe when corrosive soil is encountered. The recommendations of this report shall be reproduced on the plans. (BD) 5.d. The Design Review Board shall review and approve the final fencing and landscaping plan along Edison Avenue after action by the Planning Commission. (DRB) (REWORD GRANTING PLANNING COMMISSION FINAL APPROVAL) 6.c. A buffer shall be required between the wetlands and containment berm and planted with a palette of plants indigenous to coastal wetlands communities and providing public access via a pathway along the project perimeter bordering the wetlands but screened from it so as not to disturb birds vet affording views and vistas of wildlife and wetlands for residents. A MOTION WAS MADE BY SHOMAKER, SECONDED BY DINGWALL, TO CONTINUE CONDITIONAL USE PERMIT NO.02-04/COASTAL DEVELOPMENT PERMIT NO.02-05 (POSEIDON SEAWATER DESALINATION PLANT) TO SEPTEMBER 9, 2003 WITH PUBLIC HEARING CLOSED BY THE FOLLOWING VOTE: AYES: Davis, Kokal, Shomaker, Dingwall, Ray NOES: None ABSENT: Scandura, Stanton ABSTAIN: None MOTION PASSED (03p=0826) PC Minutes August 26, 2003 Page 8 B-2. CONTINUED FROM AUGUST 12, 2003): Applicant: Bill Holman, PLC Land Company Request: 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. 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). VAR: To allow a 10-foot building separation in lieu of the minimum required 15-foot building separation. Location: 18800 Gothard Street (southeast comer of Gothard Street and Promenade Parkway) Project Planner: Ram! Talleh, Assistant Planner Rami Talleh, Assistant Planner, provided a Powerpoint presentation to the Commission and identified late communication from PLC requesting a continuance to September 9, 2003 to address concerns received by adjacent business owners regarding potential conflicts between the new residences and the existing industrial uses. Commissioner's Dingwall and Ray disclosed that they met with Bill Holman (Applicant), and Bob and Connie Mandic (Mandic Motors) on the item. THE PUBLIC HEARING WAS OPENED: Bill Holman, PLC Land Co., spoke in support of the item. He discussed reducing the number of residential units from 104 to 102, and information identified in the 1996 Development Agreement relating to streets, sewers and storm drains. He also discussed soil remediation activity by Chevron, the traffic study analysis dated April 25, 2003 for the project, alternative third story loft window placement, altering the perimeter block wall height, expanding the landscape setbacks along Gothard Street and providing buyer disclosures for all units regarding the existing industrial uses and noise mitigation. WITH NO ONE ELSE PRESENT TO SPEAK THE PUBLIC HEARING WAS CLOSED. Discussion ensued regarding tree placement in relation to garages in the front yard setback. The Commission voiced concerns about fire safety and the variance request for a ten (10) foot building separation in lieu of minimum required fifteen (15) feet. Division Chief/Fire Marshall Chuck Bumey discussed building sprinkler requirements and the successful fire suppression it provides. The Commission and staff discussed adding a second entrance to the proposed development. Possible conflicts to adjacent developments were identified. The Commission asked about soil remediation in remnant lots (Nos. 105 and 106). Chuck Burney described the soil compaction/removal process and explained the cap design to eliminate soil compound odor on Lot No. 105. He added that soil remediation on Lot No. 106 is still in process. (03p=0826) PC Minutes August 26, 2003 Page 9 The Commission voiced concerns related to increased traffic. The number of vehicular trips and the potential impact to adjacent developments was discussed. Staff identified analysis performed during development of the Holly-Seacliff Specific Plan that suggests the proposed development will not reach the traffic projections identified for a higher residential density. Peak traffic hours were identified. A MOTION WAS MADE BY DINGWALL, SECONDED BY DAVIS, TO CONTINUE TENTATIVE TRACT MAP NO. 16490/ CONDITIONAL USE PERMIT NO.03-08/ VARIANCE NO.03-10 (BEL AIR RESIDENTIAL DEVELOPMENT) TO SEPTEMBEFR 9, 2003 WITH THE PUBLIC HEARING OPEN, BY THE FOLLOWING VOTE: AYES: Davis, Kokal, Shomaker, Dingwall, Ray NOES: None ABSENT: Scandura, Stanton ABSTAIN: None MOTION PASSED C. CONSENT CALENDAR — None. D. NON-PUBLIC HEARING ITEMS — None. E. PLANNING COMMISSION ITEMS — None. ADJOURNMENT: Adjourned at 11:10 p.m. to the next regularly scheduled Planning Commission meeting of September 9, 2003. HZ:HF:d AP PRO ED BY: Howard Zelefsky, Secretary Ron Davis, Chair (03p=0826)