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HomeMy WebLinkAbout2004-03-23MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, MARCH 23, 2004 j' HUNTINGTON BEACH CIVIC CENTER 2000 MAIN STREET, HUNTINGTON BEACH; CALIFORNIA 92648 6:05 P.M. - ROOM B-8 — CITY HALL LOWER LEVEL CALL PLANNING COMMISSION MEETING TO ORDER P. P . P. P P A P ;. ROLL -CALL: -Thomas, Scandura, Ray, Davis; Shomaker, Dingwall; Livengoo_ d (Ray arrived at 6:15pm) AGENDA APPROVAL A MOTION WAS MADE BY LIVENGOOD, SECONDED BY THOMAS, TO APPROVE THE - PLANNING COMMISSION STUDY SESSION AGENDA FOR 3-23-04, BY THE FOLLOWING VOTE: AYES: Thomas, Scandura, Davis, Shomaker, Livengood NOES: None ABSENT: Ray, Dingwall ABSTAIN: None MOTION PASSED A. STUDY SESSION ITEMS 1. AGENDA REVIEW (UPDATE ON ALL AGENDA ITEMS) — Scott Hess Commissioner Davis discussed the process of how each agenda item would be heard, including questions, comments, public speaker's allotment of time and staff report review. Mary Beth Broeren introduced EIR consultants Marianne Tanzer, T. J. Weule, and Terri Vitar with EIP Associates. B. PLANNING COMMISSION COMMITTEE REPORTS — None. PUBLIC COMMENTS — Regarding Study Session portion of Meeting — None. 6:20 P.M. — RECESS FOR DINNER (04p=0323) PC Minutes March 23, 2004 Page 2 7:00 P.M. — COUNCIL CHAMBERS PLEDGE OF ALLEGIANCE CALL PLANNING COMMISSION MEETING TO ORDER P P P P P A P ROLL CALL: Thomas, Scandura, Ray, Davis, Shomaker, Dingwall, Livengood AGENDA APPROVAL A MOTION WAS MADE BY THOMAS, SECONDED BY SCANDURA, TO APPROVE THE PLANNING COMMISSION AGENDA FOR MARCH 23, 2004, BY THE FOLLOWING VOTE: AYES: Thomas, Scandura, Ray, Davis, Shomaker, Livengood NOES: None ABSENT: Dingwall ABSTAIN: None MOTION PASSED A. ORAL COMMUNICATIONS Joey Racano, Ocean Outfall Group, provided comments on Public Hearing Item No. B-1a (Pacific City EIR). He voiced concerns related to archeological site information reported on by Cal Poly, Pomona, carcinogens and other hazardous chemicals, and urban runoff. Although not opposed to the project, he urged the Commission to postpone approval of the EIR until the project site receives more study. B. PUBLIC HEARING ITEMS B-1 a. NO.02-01 (PACIFIC CITY). Applicant/Property Owner: Makallon Atlanta Huntington Beach, LLC, Ethen Thacher, 4100 MacArthur Blvd., Ste 200, Newport Beach, CA 92660 Request: EIR: An analysis of the potential environmental impacts that may occur from development of the Pacific City project. Location: 21002 Pacific Coast Highway (31-acre site bounded by Pacific Coast Highway, First Street, Atlanta Avenue, and Huntington Street). Project Planner: Mary Beth Broeren, Principal Planner STAFF RECOMMENDATION: Motion to: "Certify EIR No. 02-01 as adequate and complete in accordance with CEQA requirements by approving Resolution No. 1589." B-1 b. PLAN (PACIFIC CITY). Applicant/Property Owner: Makallon Atlanta Huntington Beach, LLC, Ethen Thacher, 4100 MacArthur Blvd., Ste 200, Newport Beach, CA 92660 Request: TTM: A request to subdivide approximately 31.5 acres into three parcels for purposes of developing a mixed -use project. One of the parcels will be for residential condominium purposes and the other two (04p=0323) PC Minutes March 23, 2004 Page 3 parcels'are for a commercial/office/hotel development. In the residential portion of the project, there will be a 2.0-acre village park easement for public usage as well as a lettered lot for a private access road. CUP/CDP: A request to develop a mixed -use project consisting of retail, office, restaurant, cultural, and entertainment uses (up to 240,000 sq. ft.), a 400 room, eight -story hotel, spa and health club; a 2.0-acre open spacelpark easement; 516 condominium units above subterranean parking and associated infrastructure including the extension of Pacific View Avenue. The request also includes outdoor dining, alcohol beverage sales, live entertainment indoors and'outdoors, and dancing within the proposed restaurants and hotel development; carts and kiosks within the commercial and hotel development; and valet service, parking entrance gates, attendant booths, and/or collection of fees within the below grade parking structures. In addition, the request includes a shared parking analysis which includes a reduction in the number of parking spaces required for the mixed -use project (retail, office, restaurant, cultural, entertainment, hotel, and spa uses), and tandem parking spaces. Included in the request is to permit development on a site that has a grade differential greater than three (3) feet from the low to the high point (approximately 25' from the lowest point to its highest point); and for development in the Coastal Zone. Lastly, the request includes any additional soil remediation activities for the site to complement and complete the prior and on- going remediation activities, and may include but is not limited to excavation, temporary stockpiling, and on -site remediation. Three Special Permit requests are as follows: 1) to allow commercial buildings to encroach into the required setbacks along Pacific Coast Highway and Pacific View Avenue; 2) to allow three driveway ramps into the. residential below grade parking structures at a slope of 15% in lieu of maximum 10%; and 3) to permit retaining walls and private patio walls in the required perimeter residential setback areas.. A Conceptual Master Plan is included that provides an overall buildout plan of the commercial and residential portions of the site. Location: 21002 Pacific Coast Highway (31-acre site bounded by Pacific Coast Highway, First Street, Atlanta Avenue, and Huntington Street). Project Planner: Scott Hess, Planning Manager STAFF RECOMMENDATION: Motion to: A) "Approve Tentative Tract Map No. 16338, Conditional Use Permit No. 02-20, Special Permit No. 02-04, Coastal Development Permit No. 02-12, and the Pacific City Conceptual Master Plan with Findings, Staff Suggested Modifications, and Suggested Conditions Of Approval;" and, B) "Approve CEQA Statement of Findings and Fact with a Statement of Overriding Considerations." The Commission made the following disclosures: Commissioner Thomas spoke with staff, the applicant, the applicant's consultants, toured the site and spoke with a few interested neighbors; Commissioner Scandura reviewed all written material presented by staff, the applicant and outside parties, attended a Subdivision Committee meeting; visited websites designed by the applicant and the Pacific City -Action, Coalition, toured the site, visited the Discovery Center, spoke with the applicant and applicant's consultants including Richard Harlow, spoke with representatives from the Pacific City Action Coalition including Steve Kawashima, spoke with Ed Kerins; HB Tomorrow, spoke with Rob Jason and Dr. Thomas Taylor, U.C. Irvine and the Orange County Cancer Surveillance Program; Commissioner Ray attended an Environmental Board meeting, took a tour of the site with the applicant, received emails from various sources, spoke with Michael Gagnet and Ethen Thacher with Makar Properties (applicant), Richard Harlow and John Erskine (consultants to the applicant), Steve (04p=0323) PC Minutes March 23, 2004 Page 4 Kawashima, John Sisker, Ron Satterfield (Pacific City Action Coalition), Eileen Murphy, Sergio Contreras and staff; Commissioner Shomaker spoke with the applicant, applicant's consultants, members from the Pacific City Action Coalition and a citizen; Commissioner Livengood visited the site, spoke with Mayor Green and the applicant; Commissioner Davis toured the site and visited the Discovery Center, met with the Design Review Board and spoke with Michael Gagnet and Ethen Thacher (applicant), Chuck Worhell, John Erskine and Richard Harlow (applicant's consultants), John Sisker, Ron Satterfield and Steve Kawashima (Pacific City Action Coalition), Rob Jason and staff. Scott Hess, Planning Manager, called attention to the posted drawings to identify the components related to the request for Public Hearing Item No. B-1b. including retail, hotel, commercial, residential, subterranean parking, landscaping, carts and kiosks, live entertainment, outdoor dining, soil remediation, excavation, infrastructure improvements, grade differential, driveway ramps, building encroachment, screen walls, noise barriers, minimum lot size and affordable housing requirements. Mr. Hess identified the staff -recommended modifications to the upper and lower garage (subterranean parking) listed on Attachment No. 9 of the staff report. He also discussed staffs recommendation that the Td Phase of the Phasing Plan not proceed until the retail promenade is complete; discussed setbacks, informing the Commission that staff does not support a special permit for a hotel encroachment; discussed carts and kiosks, informing the Commission that staff recommends scaling back away from 1st Street and Pacific Coast Highway; and, discussed the 1500 retail parking spaces, informing the Commission that staff recommends a modification to designate the first 500 spaces for self parking, and to allow for a greater number of free parking minutes. Mr. Hess identified late communication received by Makar Properties, HB Tomorrow, Orange County Coastkeeper and various emails in support of the item. Mary Beth Broeren, Principal Planner, provided a brief analysis of the staff report for Public Hearing Item No. B-1a. including analysis, mitigation measures, air quality and transportation. Michael Gagnet, Makar Properties, gave thanks to City staff and made a PowerPoint presentation to the Commission. He provided an overview of the City's history in oil production and commented on soil remediation discussed within the EIR. He called the project a "community plan" that complies with the City's General Plan and Downtown Specific Plan. He discussed commercial, residential and hotel uses, common theme landscaping, architectural styles, public art and a retail promenade with a village concept, including restaurants. He informed the Commission that the project has only one public vehicular access off of Pacific View Avenue, and identified the service entrances and pedestrian accessways: He discussed public sidewalks, water features, neighborhood retail, open corridors, hardscape features, public plaza areas, hospitality components and recreational areas. He continued with his presentation by discussing the project's link to surrounding development, revenue generation, redevelopment goals, open space, infill development and affordable housing. He informed the Commission that qualified (04p=0323) PC Minutes March 23, 2004 Page 5 consultants are available to answer questions. - He then presented a virtual tour of the project. THE PUBLIC HEARING WAS OPENED:. Tamara Campbell, Cit of Newport Beach, voiced concerns related to the proposed bridge at 19 Street and Banning Avenue, and the potential impacts to the City of Newport Beach. She discussed how the proposal presents a conflict to earlier direction provided by Huntington Beach City Council that included surrounding jurisdictions (Newport Beach) in any future analysis, and requested that the Commission recommend that a Santa Ana River Crossing (SARC) study be performed by the Orange County Transportation Authority (OCTA). Frederick Reif, Huntington Street, voiced concerns related to digging and grading, hauling of dirt and air quality issues. He discussed the need for street sweeping and trucks hauling dirt on Huntington Street as early as 5:15 a.m. He requested that the Commission ensure that South Coast Air Quality Management District (SCAQMD) air quality requirements are met, that mitigation measures be established, and that the property be secured during p.m. hours for safety reasons with contact numbers posted around the entire site. Shawn Millbem, Robert Mayer Corporation, voiced concerns related to EIP Associate's responses to the following EIR issues: underestimated traffic and parking impacts due to the absence of the third proposed hotel discussed in the Mayer Corporation's Development Agreement; number of patrons expected to park downtown; Pacific View Avenue design; and, storm water and bacterial issues on the beach. He also proposed alternatives to his identified concerns. Ken Malone, 8th Street, spoke in support of the item for area enhancement and complimented Makar Properties for being responsive to the concerns and needs of Huntington Beach residents. He described the project as win -win, and asked for the Commission to approve the request. Charlie Bunten, Chamber of Commerce, spoke in support of the item. He discussed how the project would improve the area, generate revenue through sales, transit occupancy and property taxes, create jobs, increase property values, and boost tourism, business and business conferences. He also drew attention to having a full-scale grocery store in the downtown, and urged the Commission to approve the request. John Carter, Habre Lane, spoke in support of the item, calling it a "world class" project. Don Hansen, Wesley, spoke in support of the item, stating that the project would enhance Huntington Beach's position as a leader in Southern California, add diversity to its retail and dining base, contribute to the City budget, compete for non -Huntington Beach dollars and generate tax revenue. He urged the Commission to approve the request. Cathy Meschuk, Kelvingrove Lane, spoke in support of the item and discussed open space, wide sidewalks, tax dollar generation and the project's people friendly environment. She urged the Commission to approve the request. (04p=0323) PC Minutes March 23, 2004 Page 6 Nidal Ibrahim, Huntington Beach, spoke in support of the item calling the project a "vision for the City" serving future generations. He discussed tax dollar generation and the developer's established track record for quality projects. Ray Hiemstra, O.C. Coastkeeper, voiced concerns related to an increase of pollutants, the project's impacts to water quality, urban runoff, street flooding and beach erosion. He also discussed the applicant's proposed runoff treatment facility and staffs recommendation to eliminate the idea and route the runoff to the Atlanta Street pump station. Jack Siart, Church Circle, spoke in support of the item and discussed the project's financials and affordable housing elements. Paul Evans, Berlin Lane, spoke in support of the item and discussed job creation and tax revenue generation. John Neal, Local 831, spoke in support of the item and discussed the project's opportunity to create union jobs in Huntington Beach. Richard Samaniego, International Brotherhood of Electrical Workers (IBEW) #441, spoke in support of the item and discussed the project's opportunity to provide jobs. He urged the Commission to approve the request and consider language to ensure that the development be built by qualified workers. Hart Keeble, Egret Lane, spoke in support of the item and discussed the project's job and revenue benefits. Paul Cross, Huntington Street, spoke in opposition to certification of the EIR, voicing concerns related to the proposed bridge at le Street and Banning Avenue, extension of Delaware Street, destruction of the Pacific Mobile Home Park, Pacific Coast Highway traffic impacts and development on 5+ acres of parkland. He submitted a written statement and urged the Commission to reject certification of the EIR. Jim Adams, Los Angeles/Orange County Building and Construction Trades Council, spoke in support of the item and discussed creation of union jobs, economy stimulation and sales/bed/property tax revenue- generation. He stated the project benefits the citizens of Huntington Beach, and urged the Commission to approve the request. Daniel Miller, 10 Street, spoke in support of the item and discussed the soil remediation efforts in place and the developer's willingness to protect the existing water line. He also presented project facts in an attempt to inhibit exposure to fear from claims made by environmentally inexperienced parties. Robert Fredrickson, International Surfing Museum, spoke in support of the item and discussed the Surf Museum's hopes of being included as part of the project's cultural element. Glen Nolte, Pipe Trade Local #582, spoke in support of the item and discussed the project's opportunity to create union jobs, project vision and cultural elements. (00=0323) PC Minutes March 23, 2004 Page 7 Rob Jason, Waterfall Circle, voiced concerns related to street and sidewalk conditions on Atlanta Avenue near the Huntington/Delaware Streets intersection, including loose rail ties, narrow traffic lanes and flooding that create pedestrian hazards. He also discussed trip generation, bus use, and mitigation measures needed for meandering sidewalks. Ernest Hsieh, Santiago Drive, spoke in support of the -item and provided thanks for the downtown development. He urged the Commission to approve the request. Ron Satterfield, Huntington Street, voiced concerns related to parking and following the same standards for special permits vs. variances. He requested that the project be scaled down to allow for future development by the Mayer Corporation, and urged the Commission to reject the request as submitted and call for a reduced proposal. Scott Barkelew, Florida Street resident and Plasterers Union member, spoke in support of the item. Edmond El Dabe, Pacific Coast Highway, spoke in support of the item, calling it a beautiful development for a beautiful city. Steve Daniel, Downtown Merchants Group, spoke in support of the item and discussed its potential to increase walking traffic northerly from the Hyatt on Pacific Coast Highway to the downtown. He discussed free parking at the Main Promenade facility downtown, and described Makar Properties as a great community developer who supports city functions. Dean Lob spoke in support of the item, calling it a "great project" that would provide local jobs. Dick White, Misty Lane, spoke in support of the item and provided a brief history of past Huntington Beach development activity. - Joe Solis, Bricklayers Union #4, spoke in support of the item for union jobs. Fred Speaker, Lake Street, spoke in support of the item and discussed its vision and compliance with the Downtown Specific Plan. Speaking as a former Planning Commissioner, he urged approval of the request. Don Mac Allister, Park Street, spoke in support of the project and urged the Commission to not delay a decision. Sylvia Carr, Pacific City Action Coalition, spoke in support of the request but urged the Commission to approve only if all soil remediation concerns are mitigated with independent oversight. She also asked them to take notice of written opinions, noise concerns, outdoor concert venues and private property rights. Bob Traver, Coho Drive, spoke in support of the item. Mike Churchin, Seabreeze Drive, voiced concerns related to health and safety issues and the EIR, including groundwater contamination near the Chevron (04pcm0323) PC Minutes March 23, 2004 Page 8 pumping station, the project's impacts on local neighborhoods, and undisclosed information on carcinogens and other hazardous chemicals. He also discussed information provided by the Mayer Corporation and the Pacific City Action Coalition,• and urged the Commission to direct staff to add a condition that it be mandatory to hire a third party consultant to oversee environmental activity. John Sisker, Pacific City Action Coalition, spoke regarding policy conflicts within the Coastal Element of the Local Coastal Plan and discussed mitigating adverse coastal impacts with an independent, third party consultant. He voiced concerns on the project's traffic impacts on Atlanta Avenue, the extension of Delaware Street, and future encroachments on the Pacific Mobile Home Park. He also identified the Coalition's website address. John Ott, Stand Together In The Fight, spoke in support of the item with a strict environmental process for soil remediation, and an independent consultant agreed to by all affected parties. He also discussed a rare medical illness that claimed the life of his daughter and other area victims, and the possible connection between the illness and petroleum products. He urged that soil remediation be comprehensive to ensure health and safety for future growth of area children. Gaye Churchin, Seabreete Drive, spoke in support of the item but stressed the importance of protecting quality of life for area residents. She voiced concerns related to soil and contaminated groundwater, full disclosure of documented activity by all parties related to environmental issues on the site, parking, noise, traffic and access to coastal routes, and an unusually large number of victims diagnosed with fatal brain stem glyoma tumors in the immediate area. She urged the Commission to add a condition that stipulates hiring of an independent environmental consultant, agreed to by all parties, and spoke of property owners rights. Peter Nicholson,-Kiner Avenue, spoke in support of the item for the small landscaping industry, Plasterer's Local and union jobs. Kathy Vaughan, Pacific Mobile Home Park, spoke in support of the item but voiced concerns about the widening Huntington Street and the possibility of the Pacific Mobile Home Park being removed in future. She discussed traffic elements, including a traffic signal at Huntington Street and Atlanta Avenue. Peter Nguyen, Timber Circle, spoke in support of the project, describing it as modem and in compliance with development code. He also discussed 2 acres of open space, local employment opportunity, and residential growth from inland communities. Tammy Trinh, Timber Circle, spoke in support of the item and discussed landscaping. Bob Corona, Pacific Coast Highway, spoke in support of the item. As a long-time developer and past member of the Design Review Board, he discussed the City's growth and development over the past 35 years -and described the project as having "tremendous insight." He described City staff as firm but fair, the developer as environmentally responsible, and discussed hauling of dirt during the construction phase. He urged the Commission to approve the request. (04pcm0323) PC Minutes March 23, 2004 Page 9 Mark Bixby, Hillgate Lane, spoke in support of the item but asked the Commission to pay special attention to the detailed written comments by interested parties voicing concerns about serious omissions within the EIR. He also discussed a second biological survey, wetland vegetation being illegally removed, petrochemical odors in the soil remediation area, and claims made by the Pacific City Action Coalition. Ron Edwards Jr., Operating Engineers Local #12, spoke in support of the item and urged the Commission to ensure that qualified union workers build the project. Mike Adams, Huntington Beach, spoke in support of the item. As an active member of the Chamber of Commerce Board, Art Center Board of Directors and Govemor's Board for the Surf Museum, he discussed the opportunities for the community presented by the project including jobs, new retail, new outlets and public art display. He also discussed his involvement in co-authoring the Downtown Specific Plan and urged the Commission to approve the request. Chas Rezner, Operating Engineers, spoke in support of the project and the project developer. Frank Brucculed, Lewis, Brisbois, Bisgaard, & Smith, LLP, spoke in support of the item but voiced concerns related to continued oil production, municipal code section objectives, consolidating oil production sites, venting of methane gas and underground oil, and the project's goals and objectives. He discussed the Downtown Specific Plan, oil overlay and drill sites, and urged the Commission to delay approval of the request until the applicant meets with oil operators and mineral interest parties. Dr. Wellington Eng, Dentist, spoke in support of the item and discussed his interest in obtaining a commercial space for his dentistry practice. -He also discussed the economic benefits of dentistry within the wellness industry and urged the Commission to approve the request. Corwin Reno, Local 831, spoke in support of the item but questioned the public park element within a private community. He cited other shopping centers within the City that need rehabilitation and voiced concerns related to parking, hazardous materials, increased traffic and wetland vegetation. He also voiced support for a convention center. Steve Marion, Alabama Street, asked the Commission to scale back the proposal, voicing concerns related to parking, widening of Atlanta Avenue and Huntington Street, sidewalks on Atlanta Avenue and eminent domain. He referred to information provided on Attachments 2.9 and 4.9 of the staff report depicting sidewalks and small setbacks. He requested that the developer build upscale homes instead of 850 sq. ft. condominiums, and ensure that soil remediation is done right. Bruce Wareh, Huntington Bayshore Homeowners Association, discussed a letter dated June 25, 2003 and sent to the City that addressed the following concerns: excessive number of residential units (516) - too dense, affects traffic; inadequate amount of open grass area causing concerns related to pets; 4-story height and grade differential; high power lines on Orange Street; and soil remediation. (04p=0323) PC Minutes March 23, 2004 Page 10 Dick Harlow, representing the applicant, spoke in support of the item. As a business owner and commercial building owner downtown, he provided history on downtown development, discussing visitor serving uses supported by the Urban Land Institute, infrastructure, General Plan conformance, City standards and specifications and the Downtown Specific Plans. He informed the Commission that the developer added a public park element at the request of the Community Services Department and discussed oil drilling/production as previously mentioned by Frank Brucculed. He urged the Commission to defer oil field remediation to the Fire Department and referenced a meeting.held where hiring an independent soil remediation contractor was discussed, stating that the developer is agreeable.to the request.,., Commissioner Davis thanked the public speakers for expressing different points of view in a cordial and professional manner. Discussion ensued with questions and comments beginning on Page 9 of the staff report for EIR 02-01. Commissioner Ray asked staff about a meeting mentioned by Richard Harlow that took place between several parties to discuss hiring an independent consultant for soil remediation. .. Fire Chief Duane Olsen informed the Commission of a meeting that took place on March 19. He stated that it is not uncommon to bring in a third -party consultant on large projects, that he has been involved in numerous projects over the past several years using 431.92 standards. He also mentioned that the City is in the recruitment process for a new consultant on soil remediation, and that five firms have been -reviewed by Fire and Public Works departments. Mary Beth Broeren stated that the Planning Director attended the March 19 meeting and discussed a condition existing within the CUP that calls for a third party monitor paid.for by the City. She also discussed mitigation measures, conditions, specification compliance, additional testing and investigation done by .the third party consultant. Fire Division Chief Eric Engberg explained the phasing process of contaminant remediation as follows: _Phase One - Historical; Phase Two - Sampling, testing and analyzing data; and, Phase Three - Overview of data for identification of all contaminants. He stated that the consultant would provide information to the City regarding sampling and remediation. Commissioner Davis asked that the Commission focus on information included in the EIR, and that a request for hiring an independent contractor requires a written agreement. Commissioner Ray explained that he wanted to establish a nexus between this issue and certification of the EIR. (04pcm0323) PC Minutes March 23, 2004 Page 11 Mary Beth Broeren explained CEQA requirements relating to the EIR and identified specific mitigation measures. She stated that staff does not recommend hiring a third party consultant primarily to ease the trust issues identified by outside parties, and that Section 431.92 sets the guidelines for a third party auditor that can be hired by the City. Commissioner Ray identified informational -parts within the EIR that provide a nexus for including a condition that calls for hiring a third party consultant for soil remediation. Commissioner Scandura voiced his approval of hiring a third party consultant and asked the Fire Department to speak to information within the EIR stating that the Fire Department didn't feel the need to address operational issues upon construction completion. Chief Olsen stated that the City abides by code requirements and explained how fires would be maintained, including information on fire sprinklers. He also identified the number of medical aides and paramedic engines in the City, along with automatic aid received by other cities (Fountain Valley, Newport Beach, Costa Mesa), adequately providing services for the site. Commissioner Scandura asked about Police resources. Police Chief Small described the following as elements that will not demand extra resources: retail, restaurant and residential. However he described the entertainment element as vague, and stated that the City and developer are considering placing a police substation inside the development. Commissioner Davis asked if a third party consultant would act as a policing agency on soil remediation activity. Staff confirmed. Commissioner Ray made reference to Attachment 5.7/Mitigation Monitoring Program, asking about closure reports prior to issuance of grading permits. Chief Engberg explained that closure permits are required for the entire site excluding "Area C". Mary Beth Broeren explained that mitigation measures are structured so that remediation would be allowed during the phasing of where grading activity occurs. However, included on Attachment 1.15 of the CUP, the Fire Department has a recommended condition that requires a "no further action letter" prior to obtaining a grading permit. She also explained that conditions of approval could be more restrictive than mitigation measures, but not more permissive, and that oftentimes mitigation measures differ from conditions of approval and/or departmental standards because EIR's are typically published prior to drafting developing conditions of approval. Commissioner Ray asked staff about the feasibility of constructing a new water line. Staff explained that constructing a new water line requires removal of the existing water line before remediation can be completed. Commissioner Ray asked if a Police substation within the development would service the entire downtown area? Chief Small confirmed. (04pcm0323) PC Minutes March 23, 2004 Page 12 Commissioner Scandura asked about two acres of oil drilling area identified within the Downtown Specific.Plan. Mary Beth Broeren identified three oil overlay areas (A, B and C), and explained staffs interpretation, indicating that Oil Overlay C applies in the event oil production is proposed to be in place by the developer and/or property owner. Commissioner Livengood discussed fugitive dust and SCAQMD Rule 403. He stated that mitigation measures would be incorporated into the CUP. Commissioner Ray voiced concerns about biological resources and conducting a survey in December 2003 to identify wetland activity, native vegetation and species on the site. He stated that he visited the site on.several occasions after December 2003 and found wetland indicators and species. He read a mitigation measure stating "before the start of construction, another qualified biologist will be on the site to investigate" and asked if.the statement was correct. Terri Vitar with EIP Associates, explained that the biological survey was first conducted in September 2001 with no wetland indicators or species identified. She explained CEQA requirements that call for a baseline establishment. The site was reinspected in December 2003 and wetland species were discovered due to a site change or mix caused by certain activities such as ponding, grading, etc. ' Commissioner Ray asked about underground pooling. Ms. Vtar described the testing methods used to measure water content, and called the possibility unlikely. She also identified state and federal standards that protect endangered or protected vegetation or species: - Commissioner Ray mentioned the ORA 149 study from Cal Poly Pomona relating to archeological or paleontological finds, and asked about the steps to ensure proper removal of any materials uncovered during the grading or construction process. Staff described the process, confirming that any material discovered would be inspected and protected, and that grading or construction would come to a halt. Commissioner Livengood addressed the issue of urban run-off and on -site treatment of bacteria.• He voiced concerns about mitigation measures precluding the conditions of approval, and was prepared to -identify a list of items to be considered when reviewing the CUP. Commissioner Thomas echoed Commissioner Livengood'. concerns. Mr. Hess. discussed water quality and drainage issues, DAMP. 2003 Regulations and City code requirements. - Mr. Webb explained the City's recommended water treatment and drainage diversion alternatives using the Best Technology Practical (BTP) practice. Commissioner Ray discussed the nexus between findings in'the EIR and establishing conditions related to water treatment and drainage. Mr. Hess stated that the EIR must include substantiated findings that would call for a condition of approval to exceed standard code requirements for water treatment, drainage, etc. (04p=0323) PC Minutes March 23, 2004 Page 14 Commissioner Ray discussed lack of, or inadequate sidewalks on Atlanta street, causing pedestrian safety issues. Mr. Stachelski stated that the condition currently exists, and requested that an EIR consultant identify the level of burden to assess the number of pedestrians using those streets. Terri Vitar, EIP Associates, explained that when evaluating existing conditions, determining the impacts or what type of pedestrian movement would occur would be speculative. Mr. Hess followed by stating that the issue needs to be addressed during CUP review. Commissioner Shomaker stated that all parties involved need to address the traffic issues in that area. Commissioner Davis stated that the project will impact that intersection, and that the Commission is looking for a basis within the EIR to improve that corner. Ms. Broeren provided perspective, explaining that.the City's future infrastructure calls for improvement on Atlanta Street and improvements to the surrounding, affected properties by the developer. Commissioner Davis asked if the Commission could use the project's EIR findings to obligate the developer to make street improvements on certain areas of concern. Mr. Hess explained that the applicant would pay traffic impact fees, and that although other alternatives may exist, the issue will be considered during the CUP phase. Hess also explained the Statement of Overriding Consideration. Commissioner Ray stated that he would like to see futher study. Commissioner Thomas commented on traffic impact fees, calling them a vehicle to directly connect traffic -related improvements to the CUP. Commissioner Scandura agreed with Commissioner Thomas. Commissioner Ray voiced concerns related to Delaware Street extension impacts. Mr. Stachelski described the extension as a concept similar to the 19' Street Bridge concept. He also discussed updating the City's Circulation Element within the General Plan. Commissioner Ray voiced concerns about impacts to Pacific Mobile Home Park residents relative to vehicular entrance and exit of the park, and why no impacts were identified within EIR. A MOTION WAS MADE BY LIVENGOOD, SECONDED THOMAS, TO CERTIFY ENVIRONMENTAL IMPACT REPORT NO.02-01 AS ADEQUATE AND COMPLETE IN ACCORDANCE WITH CEQA REQUIREMENTS BY APPROVING RESOLUTION NO.1589, BY THE FOLLOWING VOTE: AYES: Thomas, Scandura, Ray, Davis, Shomaker, Livengood NOES: None ABSENT: Dingwall ABSTAIN: None MOTION PASSED (04p=0323) PC Minutes March 23, 2004 Page 13 Commissioner Scandura identified the lack of a "regulatory driver", and that the project's estimated runoff equals only 1/7 of the water that flows into the 1st Street storm drain, therefore presenting an insignificant finding within the EIR. He also requested that the Commissioners take a comprehensive approach on this issue when reviewing the CUP. Commissioner Davis cited past examples of mitigation measures precluding conditions of approval, and mentioned that the applicant would present material on treatment of bacteria at the April 13, 2004 meeting. Commissioner Thomas asked about the hours of construction, voicing concerns related to noise. Mr. Hess stated that the issue would be discussed during the CUP process. Commissioners Ray and Davis asked about code requirements and staging of vehicles before 7:00 a.m. Scott Hess restated that the issue would be discussed during the CUP process. Commissioner Ray asked about presentation of an affordable housing plan. Scott Hess replied that the item is included as an attachment to the CUP staff report. Commissioner Livengood complimented the developer for keeping the same amount of parking spaces in the commercial element even though the square footage was significantly reduced. Commissioner Davis asked about prior agreements relating to the 19th Street/Banning Avenue Bridge between Newport Beach and Huntington Beach, including whether the bridge was considered a long-term infrastructure item, and if the EIR's traffic study ignored the possibility of a third hotel development on the Hilton site. Bob Stachelski, Transportation Manager, provided history on the City Council's opposition to a bridge at the subject location. However, he stated that staff has maintained future roadway plans for a bridge in that area because it is identified in the 2020 scenario of the City's Master Plan for infrastructure. He also stated that Newport Beach is close to resolution regarding a Santa Ana River Crossing study, and that the OCTA has not taken steps to approve any related environmental documentation, making the issue non -applicable. He described the issue as a "near term/long term scenario" that doesn't include futuristic plans. He also added that the EIR includes no mention of a third hotel on the site within the 2008 scenario because entitlement plans have not been submitted. Mary Beth Broeren explained that a third hotel concept is only identified in the Hilton development agreement, and that no entitlement is considered until the 2020 scenario. Commissioner Ray attempted to explain the nexus between issues related to Atlanta and Huntington Streets. Mr. Stachelski discussed the streets being exceptionally narrow and stated that discussion of accident areas within the EIR didn't exist. He also stated that it is unknown whether or not the project would have a great impact on this area. (04pcm0323) PC Minutes March 23, 2004 Page 15 A MOTION WAS MADE BY DAVIS, SECONDED BY SHOMAKER, TO CONTINUE TENTATIVE TRACT MAP NO.16338, CONDITIONAL USE PERMIT NO.02-02, SPECIAL PERMIT NO.02-04, COASTAL DEVELOPMENT PERMIT NO. 02-12, PACIFIC CITY CONCEPTUAL MASTER PLAN AND CEQA STATEMENT OF FINDINGS AND FACT WITH A STATEMENT OF OVERRIDING CONSIDERATIONS TO ARIL 13, 2004 WITH THE PUBLIC HEARING CLOSED, BY THE FOLLOWING VOTE: AYES: Thomas, Scandura, Ray, Davis, Shomaker, Livengood NOES: None ABSENT: Dingwall ABSTAIN: None MOTION PASSED ADJOURNMENT: Adjourned at 12:20 a.m. on Wednesday, March 24, 2004 to the next regularly scheduled meeting of April 13, 2004, Huntington Beach Civic Center. APPR ED BY: llkl--4 Ho rd Zelefsky, Secretary -� Rod Davis, ChLair (04p=0323)