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Home My WebLink About2003-09-23MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, SEPTEMBER 23, 2003 HUNTINGTON BEACH CIVIC CENTER 2nnn MAIN .i'TRFFT_ HI INTINI;TnN RFArw i.A1 IFnRNIA 92RAR 5:15 P.M. - ROOM B-8 CALL PLANNING COMMISSION MEETING TO ORDER P P P A P P ROLL CALL: Scandura, Ray, Davis, Shomaker, Dingwall, Livengood ELECTION OF CHAIR AND VICE -CHAIR The Commission discussed Commissioner Livengood's background and involvement in government, including his years spent on the Planning Commission, making him an appropriate candidate for Planning Commission Chair. A MOTION WAS MADE BY DINGWALL TO ELECT COMMISSIONER LIVENGOOD AS PLANNING COMMISSION CHAIR. WITH NO SECOND, THE MOTION FAILED. The Commission discussed appointing an "acting" chair, and wanted clarification about the 4- vote rule included in the Planning Commission Bylaws, and related voting election requirements included in the Planning Commission Protocol. A MOTION WAS MADE BY RAY, SECONDED BY DINGWALL, TO ELECT AN "ACTING" CHAIR FOR THE STUDY SESSION, AND REVOTE DURING THE TELEVISED PORTION OF THE MEETING BY THE FOLLOWING VOTE: AYES: Ray, Dingwall NOS: Scandura, Davis, Livengood ABSENT: Shomaker ABSTAIN: None MOTION FAILED Commissioner Scandura stated that complicated land use decisions couldn't be made when the Commission diverts its attention to non -critical issues. He urged the new chair to facilitate the process of parliamentary procedure. A MOTION WAS MADE BY RAY, SECONDED BY LIVENGOOD, TO ELECT COMMISSIONER DAVIS AS PLANNING COMMISSION CHAIR BY THE FOLLOWING VOTE: AYES: Scandura, Ray, Davis, Dingwall, Livengood NOS: None ABSENT: Shomaker ABSTAIN: None MOTION APPROVED (03p=0923) PC Minutes September 23, 2003 Page 2 A MOTION WAS MADE BY LIVENGOOD, SECONDED BY DINGWALL, TO ELECT COMMISSIONER RAY AS PLANNING COMMISSION VICE -CHAIR BY THE FOLLOWING VOTE: AYES: Scandura, Ray, Davis, Dingwall, Livengood NOS: None ABSENT: Shomaker ABSTAIN: None MOTION APPROVED A. STUDY SESSION ITEMS 1. ENVIRONMENTAL BOARD PRESENTATION — Ricky Ramos Ricky Ramos, Associate Planner and staff liaison to the Environmental Board, introduced Al Hendricker, Environmental Board Chair. Mr. Hendricker introduced the board members present, including Dave Guido, John McGovern, Bob Anderson and Fritz Koepp. He also provided an overview of the board's functions, including: ■ Meeting dates/times ■ Services provided ■ Service awards to community members and businesses ■ Initiate action to reduce identified odor/contamination ■ Participation in environmental studies ■ Recommend action to the City Council ■ Evaluate Environmental Impact Reports/Negative Declarations ■ Provide facilities for lost recreation areas ■ Review alternatives to traffic impacts The Commission thanked the Board for their work and commitment. Discussion ensued on the Board's functions and it was mentioned that the Board keeps minutes. It was suggested that the Board make a formal presentation to the City Council. Commissioner Ray, Environmental Board Liaison, encouraged the Commission to attend regularly scheduled Environmental Board meetings. 2. ENVIRONMENTAL IMPACT REPORT NO.02-01 / CONDITIONAL USE PERMIT NO 02-20 WITH SPECIAL PERMITS (PACIFIC CITY) — Scott Hess Scott Hess provided information on the 3-parcel division (residential, mixed -use and hotel), and informed the Commission that the Subdivision Committee would meet on October 9, 2003 @ 2:00 p.m., Huntington Civic Center, followed by the Design Review Board meeting at 3:30 p.m. Discussion ensued regarding tandem and subterranean parking, including public access, ramp and driveway Information. Shared parking ratio was also explained. (03pan0923) PC Minutes September 23, 2003 Page 3 Staff introduced Terri Vitar, Marianne Tanzer and TJ Weule with EIP Associates, who provided information on the Environmental Impact Report processing for the project. Mary Beth Broeren, Principal Planner updated the Commission on current remediation activity being performed by Chevron, and also provided a brief history of soil remediation on the site, including grading and construction permit information, soil and groundwater sampling, and archeological protected resources. The Commission asked about the City's role in policing the site for dust control. Ms. Broeren identified the departments responsible for ensuring that the applicant and property owner comply with dust remediation regulations. Discussion continued about soil remediation, including contaminated soil relocation and security issues. The Commission requested that staff provide a written progress report on current soil remediation activity. PUBLIC COMMENTS — Reaardina Studv Session aortion of Meetin Mark Bixby, Hillgate Lane, spoke regarding Study Session Item No. A-2 (Pacific City). He informed the Commission of suspicious grading activity on the site including filling of ponds and scraping of vegetation. He voiced concerns relating to the portion of the project area designated as wetland property and stated that such activity merits monitoring. Lois Ivanoff, Chicago Avenue, spoke regarding Study Session Item No. A-2 (Pacific City). She voiced concerns regarding soil contaminants that emit odors and cause coughing. She informed the Commission that the Air Quality Control Board was contacted. She urged the Commission to protect area children from toxins, to post warning signs on the property, and to stop the grading activity until the contaminated soil problem has been remediated. Rick Shafer, Atlanta Avenue, spoke regarding Study Session Item No. A-2 (Pacific City). He voiced concerns about airborne contaminants during grading and construction. He informed the Commission that area residents have contacted the Gas Company about suspicious odors and possible health hazards. He also voiced concerns about the project's affects on the water table. Steve Marion, Alabama Street, spoke regarding Study Session Item No. A-2 (Pacific City). He voiced concerns about pollution abatement, and referenced a lost mainline at the curve near Orange Avenue and Atlanta Avenue. He stressed the importance of sidewalks on the north side of the location mentioned, widening of certain streets, and voiced concerns about traffic impacts and real estate devaluation. Ronald Satterfield, Pacific City Coalition Group, spoke regarding Study Session Item No. A-2 (Pacific City). Although not opposed to the project, he presented the Commission with a handout that outlined the Coalition's three (3) requirements for ensuring environmental and health safety at the development site. Cheri -Jan Olson, STAND, spoke regarding Study Session Item No. A-2 (Pacific City). She voiced concerns about soil contamination, informing the Commission that her 6-year old son had recently passed away due to a rare brain tumor. She urged the developer to disclose any harmful soils report information to the public. (03p=0923) PC Minutes September 23, 2003 Page 4 Paul Cross, Pacific City Action Coalition, requested that his time be donated to Gaye Churchin. Gaye Churchin, Seabreeze Drive, spoke regarding Study Session Item No. A-2 (Pacific City) and voiced concerns about soil and groundwater contamination, incomplete disclosure of information by the developer, and the associated negative impacts to neighboring residents by large developers. The Commission acknowledged areas on the Pacific City site that publicly displayed signage that described the area as environmentally sensitive, and suggested that the property owner increase the number of signs to promote safety and public awareness. 6:30 P.M. — RECESS FOR DINNER 7:00 P.M. — COUNCIL CHAMBERS PLEDGE OF ALLEGIANCE P P P A P P ROLL CALL: Scandura, Ray, Davis, Shomaker, Dingwall, Livengood AGENDA APPROVAL A MOTION WAS MADE BY RAY, SECONDED BY LIVENGOOD, TO MOVE AGENDA ITEM AYES: Scandura, Ray, Davis, Dingwall, Livengood NOES: None ABSENT: Shomaker ABSTAIN: None MOTION PASSED AGENDA ITEMS WILL BE LISTED IN THEIR ORIGINAL ORDER A. ORAL COMMUNICATIONS Mark Bixby, Hillgate Lane, spoke regarding the wetland characteristics (ponding, vegetation) of the Pacific City site, and voiced concerns about suspicious grading activity on the site. Ronald Satterfield, Huntington Street, spoke in support of the Public Hearing Subcommittee's proposed changes to the public hearing process. Mary Jo Baretich, Cabrillo Mobile Home Park PAC, spoke in opposition to Conditional Use Permit No. 02-04/Coastal Development Permit No. 02-05 (Poseidon Seawater Desalination Plant). (03p=0923) PC Minutes September 23, 2003 Page 5 John McGregor, Cabrillo Mobile Home Park PAC, spoke in opposition to Conditional Use Permit No. 02-04/Coastal Development Permit No. 02-05 (Poseidon Seawater Desalination Plant), voicing concerns about an Edison Plant spillway that is deteriorating, and identifying other failed locations for similar requests. Jeff Ackley, Cabrillo Mobile Home Park, spoke in opposition to Conditional Use Permit No. 02- 04/Coastal Development Permit No. 02-05 (Poseidon Seawater Desalination Plant), asking if initial project approval can be changed or denied at a later date. Marty Earlabaugh, Mermaid Circle, spoke in support of Conditional Use Permit No. 02- 04/Coastal Development Permit No. 02-05 (Poseidon Seawater Desalination Plant), discussing zoning, landscaping, and demolition of the existing water tanks on the proposed project site. Karen Keene, Silent Harbor, spoke in support of Conditional Use Permit No. 02-04/Coastal Development Permit No. 02-05 (Poseidon Seawater Desalination Plant), stating that the project is compatible with surrounding uses, and promotes future growth. Aaron Felein, WE VOTE, spoke in opposition to Conditional Use Permit No. 02-04/Coastal Development Permit No. 02-05 (Poseidon Seawater Desalination Plant), and in support of increased public input relating to the public hearing process. Michele Revelle, Feather Drive, spoke in support of Conditional Use Permit No. 02-04/Coastal Development Permit No. 02-05 (Poseidon Seawater Desalination Plant) because its revenue projections provide economical assistance to the City. Sara Beebe, WE VOTE, spoke in opposition to Conditional Use Permit No. 02-04/Coastal Development Permit No. 02-05 (Poseidon Seawater Desalination Plant), and in support of increased public input relating to the public hearing process. She voiced concerns about beach pollution. Joey Racano, WE VOTE, spoke in opposition to Conditional Use Permit No. 02-04/Coastal Development Permit No. 02-05 (Poseidon Seawater Desalination Plant), and in support of increased public input relating to the public hearing process. He discussed sea life mortality and AES compliance with the California Clean Water Act. David Carlberg, Lido Lane, spoke in support of Conditional Use Permit No. 02-04/Coastal Development Permit No. 02-05 (Poseidon Seawater Desalination Plant). He identified himself as a scientist, and urged the Commission not to make a decision based on bad science. Gaye Churchin, Seabreeze Lane, spoke regarding proper disclosure of harmful soil and groundwater contaminants related to the Pacific City project. She also discussed density issues related to the project. Dean Albright, Breda Lane, spoke regarding soil remediation and grading activity on the Pacific City site. Merilee Madrigal, Huntington Beach Santa Ana River resident, spoke regarding illegal dumping, landfilling and grading of the grassy lowlands within the Edison Corridors immediately adjacent to the Santa Ana River behind the residential communities of Meredith Gardens, Suburbia and Shore Crest East. She distributed a handout with related information to the Commission. (03p=0923) PC Minutes September 23, 2003 Page 6 Billy Owens, Poseidon Resources, spoke in support of Conditional Use Permit No. 02- 04/Coastal Development Permit No. 02-05 (Poseidon Seawater Desalination Plant), urging the Commission to consider carefully the financial and community enhancements associated with the proposed project. B. PUBLIC HEARING ITEMS - PROCEDURE: Commission Disclosure Statement(s), Staff Report Presentation, Commission Questions, Public Hearing, Discussion/Action. B-1. FROM SEPTEMBER 9, 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) Proiec# 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"; C) "Approve the Mitigation Monitoring and Reporting Program." Ricky Ramos, Associate Planner, outlined the revisions made to the conditions of approval following the September 9, 2003 meeting, and information received and provided as late communication. The Commission discussed review and action by straw vote motion prior to making a recommendation to approve or deny the request. The consensus was to proceed with straw vote motions. A STRAW VOTE MOTION WAS MADE BY LIVENGOOD, SECONDED BY SCANDURA TO STRIKE THE LANGUAGE "PIPED" FROM CONDITION OF APPROVAL 4.M.12.ON ATTACHMENT NO. 1.9 OF THE STAFF REPORT BY THE FOLLOWING VOTE: AYES: Ray, Davis, Dingwall, Livengood NOES: Scandura ABSENT: Shomaker ABSTAIN: None MOTION PASSED (03p=0923) PC Minutes September 23, 2003 Page 7 Fire Chief Burney explained the standard soil remediation language found in condition of approval no. 4.s. on Attachment 1.10 of the staff report. A STRAW VOTE MOTION WAS MADE BY LIVENGOOD, SECONDED BY RAY, TO STRIKE THE LANGUAGE "ANY AND ALL HARMFUL SOIL CONTAMINATION ON SITE SHALL BE REMOVED FROM THE CITY" FROM CONDITION OF APPROVAL NO.4.S. ON ATTACHMENT 1.10 OF THE STAFF REPORT BY THE FOLLOWING VOTE: AYES: Scandura, Ray, Davis, Dingwall, Livengood NOES: None ABSENT: Shomaker ABSTAIN: None MOTION PASSED Discussion ensued regarding Condition of Approval No. 4.u. regarding the applicant's responsibility to publicly notify property owners and tenants within 300 feet of the perimeter of the property of a tentative grading schedule at least 30 days prior to grading. Discussion ensued regarding Condition of Approval No. 4.x. regarding preliminary or precise grading permits. Discussion ensued regarding Condition of Approval No. 4.z. grading or building permits and wetland protection "to the maximum extent feasible". Discussion ensued regarding adding the term "immediately" to Condition of Approval No. 4.ee.5) relating to debris removal from streets, check berms and basins after a rainstorm. Staff provided jurisdiction/enforcement information on the Santa Ana Regional Water Quality Board (SARWQB). A STRAW VOTE MOTION WAS MADE BY RAY, SECONDED BY DINGWALL TO STRIKE THE TERM "MAY" FOLLOWING "SUCH MEASURES" AND REPLACE WITH "SHALL" FROM CONDITION OF APPROVAL NO.4.HH. ON ATTACHMENT 1.14 OF THE STAFF REPORT BY THE FOLLOWING VOTE: AYES: Ray, Dingwall NOES: Davis, Livengood, Scandura ABSENT: Shomaker ABSTAIN: None MOTION FAILED A STRAW VOTE MOTION WAS MADE BY SCANDURA TO STRIKE CERTAIN LANGUAGE RELATED TO WATER DIVERSION INCLUDED IN CONDITION OF APPROVAL 4.1-L. ON ATTACHMENT 1.15 OF THE STAFF REPORT. WITH NO SECOND, THE MOTION FAILED. Staff reminded the Commission of its recommended language for condition of approval 4.11. presented during late communication. Commissioner Davis read the recommended language. (03pcn0923) PC Minutes September 23, 2003 Page 8 Discussion ensued regarding EIR-imposed conditions. A STRAW VOTE MOTION WAS MADE BY RAY, SECONDED BY LIVENGOOD, TO STRIKE CONDITION OF APPROVAL NO.4.LL. ON ATTACHMENT NO.1.15 OF THE STAFF -REPORT AND REPLACE WITH STAFF'S RECOMMENDED CONDITION OF APPROVAL NO.4.LL. AS PRESENTED THROUGH LATE COMMUNICATION BY THE FOLLOWING VOTE: AYES: Ray NOES: Scandura, Davis, Dingwall, Livengood ABSENT: Shomaker ABSTAIN: None MOTION FAILED Discussion ensued regarding responsibility issues by the applicant and/or property owner. A STRAW VOTE MOTION WAS MADE BY LIVENGOOD, SECONDED BY RAY, TO STRIKE CONDITION OF APPROVAL NO.6.C. ON ATTACHMENT NO.1.16 OF THE STAFF REPORT AND REPLACE WITH COMMISSIONER RAY'S SUGGESTED CONDITION OF APPROVAL NO.6.C. PRESENTED DURING LATE COMMUNICATION, BY THE FOLLOWING VOTE: AYES: Scandura, Ray, Davis, Livengood NOES: Dingwall ABSENT: Shomaker ABSTAIN: None MOTION PASSED A STRAW VOTE MOTION WAS MADE BY LIVENGOOD, SECONDED BY DAVIS, TO STRIKE CONDITION OF APPROVAL NO.8.C. ON ATTACHMENT NO.1.20 OF THE STAFF REPORT AND REPLACE WITH COMMISSIONER RAY'S SUGGESTED CONDITION OF APPROVAL NO. B.C. PRESENTED DURING LATE COMMUNICATION, BY THE FOLLOWING VOTE: AYES: Scandura, Ray, Davis, Dingwall, Livengood NOES: None ABSENT: Shomaker ABSTAIN: None MOTION PASSED Discussion ensued regarding the intent behind Commissioner Ray's recommended condition of approval 8.q. relating to haul truck operations and routing. (03p=0923) PC Minutes September 23, 2003 Page 9 A STRAW VOTE MOTION WAS MADE BY DAVIS, SECONDED BY SCANDURA, TO MODIFY CONDITION OF APPROVAL NO.8.L. ON ATTACHMENT 1.21 OF THE STAFF REPORT BY ADDING THE TERM "DIESEL" TO DESCRIBE ALL EQUIPMENT BY THE FOLLOWING VOTE: AYES: Scandura, Ray, Davis, Dingwall, Livengood NOES: None ABSENT: Shomaker ABSTAIN: None MOTION PASSED A STRAW VOTE MOTION WAS MADE BY LIVENGOOD, SECONDED BY DAVIS TO ACCEPT COMMISSIONER RAY'S SUGGESTED CONDITION OF APPROVAL NO.8.U. BY THE FOLLOWING VOTE: AYES: Scandura, Ray, Davis, Livengood, Dingwall NOES: None ABSENT: Shomaker ABSTAIN: None MOTION PASSED A STRAW VOTE MOTION WAS MADE BY DAVIS, SECONDED BY SCANDURA TO ACCEPT COMMISSIONER RAY'S SUGGESTED CONDITIONS OF APPROVAL NOS. 8.C, 8.U., 8.Z., 8.JJ., 18 AND 20, AND INFORMATION ON SPECIFIC CODE REQUIREMENTS ITEM NO. 18., 20. AND 21. BY THE FOLLOWING VOTE: AYES: Scandura, Ray, Davis, Livengood NOES: Dingwall ABSENT: Shomaker ABSTAIN: None MOTION PASSED A STRAW VOTE MOTION WAS MADE BY DAVIS, SECONDED BY LIVENGOOD TO MODIFY STAFF'S RECOMMENDED CONDITION OF APPROVAL NO. 11 LISTED ON ATTACHMENT NO. 1.23 OF THE STAFF REPORT BY DELETING "IMPLEMENTATION OF THE PROPOSED WATER DELIVERY COMPONENT OF THE PROJECT" AND INCLUDING THE LANGUAGE "ISSUANCE OF GRADING PERMITS" BY THE FOLLOWING: AYES: Scandura, Ray, Davis, Dingwall, Livengood NOES: None ABSENT: Shomaker ABSTAIN: None MOTION PASSED (03pcm0923) PC Minutes September 23, 2003 Page 10 A STRAW VOTE MOTION WAS MADE BY RAY, SECONDED BY DINGWALL TO MODIFY CONDITION OF APPROVAL NO.18 AS LISTED ON ATTACHMENT NO.1.25 OF THE STAFF REPORT BY ADDING THE TERMS "ORIGINAL, UNDEVELOPED" PRIOR TO THE TERM "CONDITION" BY THE FOLLOWING VOTE: AYES: Scandura, Ray, Davis, Dingwall, Livengood NOES: None ABSENT: Shomaker ABSTAIN: None MOTION PASSED A STRAW VOTE MOTION WAS MADE BY DAVIS, SECONDED BY RAY TO RELOCATE CONDITION OF APPROVAL NO.18 AS LISTED ON ATTACHMENT NO.1.26 OF THE STAFF REPORT TO CONDITIONAL OF APPROVAL NO.4MM BY THE FOLLOWING VOTE: AYES: Scandura, Ray, Davis, Dingwall, Livengood NOES: None ABSENT: Shomaker ABSTAIN: None MOTION PASSED Discussion ensued regarding Commissioner Ray's recommended wording "adjudication authority" and storage tank removal as discussed in condition of approval 17. on Attachment 1.25 of the staff report. A STRAW VOTE MOTION WAS MADE BY LIVENGOOD, SECONDED BY SCANDURA, TO ACCEPT STAFF'S RECOMMENDED CONDITION OF APPROVAL NO. 17 AS LISTED ON ATTACHEMENT NO.1.25 OF THE STAFF REPORT. The Commission discussed changing the number of months given to remove the storage tanks from the site. Billy Owens, applicant, addressed the Commission requesting that the 18 month number identified within the condition remain unchanged, stating that a 6 month timeline for storage tank removal may be too restrictive. - A STRAW VOTE MOTION WAS MADE BY RAY, SECONDED BY SCANDURA, TO AMEND THE MOTION BY STRIKING THE LANGUAGE "BY THE COASTAL COMMISSION" AND ADDING THE LANGUAGE "OF CITY BUILDING PERMITS AND AGREEMENTS", BY THE FOLLOWING VOTE: AYES: Scandura, Ray, Livengood NOES: Davis, Dingwall ABSENT: Shomaker ABSTAIN: None MOTION PASSED (03pam0923) PC Minutes September 23, 2003 Page 11 A STRAW VOTE MOTION WAS MADE BY LIVENGOOD, SECONDED BY DINGWALL, TO MODIFY HOURS OF CONSTRUCTION TO 6:00 P.M. IDENTIFIED IN ITEM NO.5 LISTED UNDER INFORMATION ON SPECIFIC CODE REQUIREMENTS ON ATTACHMENT NO. 1.26, BY THE FOLLOWING VOTE: AYES: Scandura, Ray, Davis, Dingwall, Livengood NOES: None ABSENT: Shomaker ABSTAIN: None MOTION PASSED A STRAW VOTE MOTION WAS MADE BY SCANDURA, SECONDED BY DAVIS TO REMOVE THE TERMS "LEGALLY ENFORCEABLE" FROM ITEM NO. 19 LISTED UNDER INFORMATION ON SPECIFIC CODE REQUIREMENTS AS PRESENTED ON ATTACHMENT NO. 1.27 OF THE STAFF REPORT, BY THE FOLLOWING VOTE: AYES: Scandura, Ray, Davis, Dingwall, Livengood NOES: None ABSENT: Shomaker ABSTAIN: None MOTION PASSED Discussion ensued regarding underground storage tanks A STRAW VOTE MOTION WAS MADE BY RAY, SECONDED BY DINGWALL TO STRIKE THE TERM "THE" AND REPLACE WITH "ANY" IDENTIFIED IN ITEM NO.12 LISTED UNDER INFORMATION ON SPECIFIC CODE REQUIREMENTS AS PRESENTED ON ATTACHMENT NO. 1.26 OF THE STAFF REPORT, BY THE FOLLOWING VOTE: AYES: Scandura, Ray, Davis, Dingwall NOES: Livengood ABSENT: Shomaker ABSTAIN: None MOTION PASSED A STRAW VOTE MOTION WAS MADE BY SCANDURA, SECONDED BY LIVENGOOD TO REMOVE THE TERMS "LEGALLY ENFORCEABLE" IDENTIFIED IN ITEM NO.20 LISTED UNDER INFORMATION ON SPECIFIC CODE REQUIREMENTS AS PRESENTED ON ATTACHMENT NO.1.27 OF THE STAFF REPORT, BY THE FOLLOWING VOTE: AYES: Scandura, Ray, Davis, Dingwall, Livengood NOES: None ABSENT: Shomaker ABSTAIN: None MOTION PASSED (03p=0923) PC Minutes September 23, 2003 Page 12 Discussion ensued regarding the need for 4 affirmative votes to approve or deny a request. The Commission discussed the findings for denial, suggesting that they may be inadequate. The Commission also discussed the unnecessary conditions relating to salinity impacts not found to be significant within the EIR. The Commission provided reasons for their vote to approve or deny the request. A MOTION WAS MADE BY DINGWALL, SECONDED BY RAY, TO DENY WITH FINDINGS AND FORWARD MINUTE ACTION TO THE CITY COUNCIL FOR CONDITIONAL USE PERMIT NO.02-04/COASTAL DEVELOPMENT PERMIT NO.02-05 (POSEIDON SEAWATER DESALINATION PLANT), BY THE FOLLOWING VOTE. AYES: Ray, Davis, Dingwall NOES: Scandura, Livengood ABSENT: Shomaker ABSTAIN: None MOTION FAILED A MOTION WAS MADE BY DAVIS, SECONDED BY DINGWALL TO FORWARD CONDITIONAL USE PERMIT NO.02-04/COSTAL DEVELOPMENT PERMIT NO.02-05 (POSEIDON SEAWATER DESALINATION PLANT) WITHOUT A FORMAL DECISION TO THE CITY COUNCIL FOR FINAL CONSIDERATION, BY THE FOLLOWING VOTE. AYES: Scandura, Ray, Davis, Dingwall, Livengood NOES: None ABSENT: Shomaker ABSTAIN: None MOTION PASSED A MOTION WAS MADE BY DAVIS, SECONDED BY DINGWALL TO FORWARD BY MINUTE ACTION THE FINDINGS FOR DENIAL CONSIDERED BY THE PLANNING COMMISSION AND THE STRAW VOTES AND REVISIONS TO THE CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO.02-04/COSTAL DEVELOPMENT PERMIT NO.02-05 (POSEIDON SEAWATER DESALINATION PLANT) TO THE CITY COUNCIL, BY THE FOLLOWING VOTE. AYES: Scandura, Ray, Davis, Dingwall, Livengood NOES: None ABSENT: Shomaker ABSTAIN: None MOTION PASSED (03pcm0923) PC Minutes September 23, 2003 Page 13 C. CONSENT CALENDAR C-1. PLANNING COMMISSION MINUTES DATED JULY 8, 2003 RECOMMENDED ACTION: Motion to: "Approve the July 8, 2003 Planning Commission Minutes as submitted." A MOTION WAS MADE BY DINGWALL, SECONDED BY RAY, TO APPROVE PLANNING COMMISSION MINUTES DATED JULY 8, 2003, BY THE FOLLOWING VOTE: AYES: Scandura, Ray, Davis, Dingwall NOES: None ABSENT: Shomaker ABSTAIN: Livengood MOTION PASSED C-2. PLANNING COMMISSION MINUTES DATED JULY 22, 2003 RECOMMENDED ACTION: Motion to: "Approve the July 22, 2003 Planning Commission Minutes as submitted." A MOTION WAS MADE BY DINGWALL, SECONDED BY RAY, TO APPROVE THE MODIFIED PLANNING COMMISSION MINUTES DATED JULY 22, 2003, BY THE FOLLOWING VOTE: AYES: Scandura, Ray, Davis, Dingwall NOES: None ABSENT: Shomaker ABSTAIN: Livengood MOTION PASSED D. NON-PUBLIC HEARING ITEMS - None scheduled. E. PLANNING COMMISSION ITEMS E-1. PLANNING COMMISSION COMMITTEE REPORTS E-2. PLANNING COMMISSION COMMENTS Commissioner Davis — requested that staff provide information on legal standards for land that exhibits wetland characteristics. Commissioner Scandura — requested that staff agendize a presentation to past Chair Kokal for appreciation of his service. He also complimented Commissioner Davis on his election as Chair. (03pcm0923) PC Minutes September 23, 2003 Page 14 Commissioner Liven -good — suggested that staff schedule a public meeting to address concerns received by residents regarding soil remediation activity on the Makar Properties site (formerly owned by Chevron). Commissioner Dingwall — requested that staff provide follow-up on Merrilee Madrigal's concerns made during Oral Communication regarding dumpingAandfill activity within the Edison corridors along the Santa Ana River. A MOTION WAS MADE BY DINGWALL, SECONDED BY DAVIS, TO DIRECT STAFF TO PROVIDE FOLLOW-UP ON PREVIOUS CLAIMS OF DUMPING AND LANDFILL ACTIVITY WITH THE EDISON CORRIDORS ALONG THE SANTA ANA RIVER, BY THE FOLLOWING VOTE: AYES: Scandura, Ray, Davis, Dingwall, Livengood NOES: None ABSENT: Shomaker ABSTAIN: None MOTION PASSED Commissioner Ray — echoed Commissioner Livengood's request related to soil remediation activity on the Makar Properties site. E-3. DISCUSSION ITEMS FOR FUTURE MEETINGS a. Commissioner Ray — Shall the Commission reconfirm its Protocol on the election of Chair and Vice -Chair? The Commission suggested that the'item be revisited at a later date. No action was taken. b. Commissioner Ray — Shall the Commission invalidate the election of the Vice -Chair at the September 9, 2003, Planning Commission meeting? The Commission suggested that the item be revisited at a later date. No action was taken. c. Commissioner Ray — Clarification of Planning Commission Committee Liaison Assignments Staff and the Commission Chair provided Committee assignments that will be in effect through the remainder of 2003. F. PLANNING ITEMS F-1. F-2. CITY COUNCIL ACTIONS FROM PREVIOUS MEETING— None reported. CITY COUNCIL ITEMS FOR NEXT MEETING Scott Hess, Planning Manager — reported on Planning Department items that will be heard before the City Council on October 6, 2003. (03pcm0923) PC Minutes September 23, 2003 Page 15 F-3. PLANNING COMMISSION ITEMS FOR NEXT MEETING Scott Hess, Planning Manager — reported on items scheduled for public hearing on October 14, 2003. ADJOURNMENT: Adjourned at 10:45 p.m. to the next regularly scheduled Planning Commission meeting of October 14, 2003. HZ: HF: rl APPROVED BY: dvi�rd Zelefsky, Secretary Ron Davis, Planning Commission Chair (03pcm0923)