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HomeMy WebLinkAbout2004-04-13MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, APRIL 13, 2004 HUNTINGTON BEACH CIVIC CENTER 2000 MAIN STREET, HUNTINGTON BEACH, CALIFORNIA 92648 6:00 P.M. - ROOM B-8 — CITY HALL LOWER LEVEL CALL PLANNING COMMISSION MEETING TO ORDER — The meeting was called to order at 6:05 p.m. P P P P P P P ROLL CALL: Thomas, Scandura, Ray, Davis, Shomaker, Dingwall, Livengood (Thomas arrived at 6:10pm; Shomaker arrived at 6:15pm). . AGENDA APPROVAL A. STUDY SESSION ITEMS 1. AGENDA REVIEW (UPDATE ON ALL AGENDA ITEMS) — -Scott Hess - Scott Hess, Planning Manager, informed the Commission that the applicant for Public Hearing Item No. B-2 (Warner/Manning Homes — Amendment to Conditional Use Permit No. 03-01 and Variance No. 03-01) is requesting a continuance to May 25,.2004.. . Mr. Hess identified late communication on Public Hearing Item No. 13-1 (Pacific City). Commissioner Livengood suggested a procedure on how to review and act on the Pacific City staff report,including the project findings and conditions of approval. Mr. Hess informed the Commission that the applicant would be making a presentation on water quality, and that the Public Works Department would publicly present information provided by staff to the Commission' at meetings held on new development water quality requirements: Commissioner Davis announced that he would reopen the public hearing for Item No. B-1 (Pacific City). Commissioner Ray asked if public notification was required to reopen the public hearing. Commission Counsel and staff explained that since this was a continued public meeting and the project proposal had not changed, it was unnecessary to provide public notification to reopen the public hearing. Commissioner Dingwall expressed concerns about availability of information for the general public. Commissioner Scandura asked if a motion was necessary to reopen the public hearing. Commission Counsel suggested that the action be included in a motion during the Agenda approval portion of the 7:00 p.m. meeting. Mr. Hess stated that handouts provided at tonight's meeting were available to the public, along with PowerPoint handouts on water quality. He also identified a correction to the PC Minutes April 13, 2004 Page 2 Pacific City staff report relating to a reimbursement agreement and school impact fees involving the Ocean View School District (OVSD).. Chair Davis asked the Commission to hold all questions until after the public hearing has been closed, and suggested that they include Pacific City disclosures related to meeting with staff on citywide water quality issues. Mr. Hess identified a matrix of mitigation measures included in the Pacific City staff report that were approved by the Commission at their March 23, 2004 meeting. He also noted that an extra copy was provided to the Commission, and has been made available for the public. B. PLANNING COMMISSION COMMITTEE REPORTS — None. PUBLIC COMMENTS — Reaardina Studv Session portion of Meetin Tracy Pellman, Greenview Lane and employee with the Ocean View School District (OVSD), provided comments on Public Hearing Item No. B-1 (Pacific City) and its potential impacts on the district. She discussed MMP-5 (developer's) fees, future affordable housing in the Oak View area, segregation issues, densely populated areas, lack of an elementary school site, and ongoing fees to Oak View residents (buses and busing). 6:38 P.M. — RECESS FOR DINNER 7:15 P.M. — COUNCIL CHAMBERS PLEDGE OF ALLEGIANCE P P P P P P P ROLL CALL: Thomas, Scandura, Ray, Davis, Shomaker, Dingwall, Livengood AGENDA APPROVAL A MOTION WAS MADE BY RAY, SECONDED BY SHOMAKER, TO MOVE AGENDA ITEMS 13- 2, C-1 AND C-2 FORWARD, AND TO REOPEN THE PUBLIC HEARING ON ITEM NO. B-1, BY THE FOLLOWING VOTE: AYES: Thomas, Scandura, Ray, Davis, Shomaker, Dingwall, Livengood NOES: None ABSENT: None ABSTAIN: None MOTION APPROVED AGENDA ITEMS WILL BE LISTED IN THEIR ORIGINAL ORDER A. ORAL COMMUNICATIONS (04p=0413) PC Minutes April 13, 2004 Page 3 CHAIR DAVIS OPENED ORAL COMMUNICATIONS: Joey Racano, Ocean Outfall Group (OOG), voiced concerns about the Pacific City project, including water quality and beach contamination. He stated that the ocean's water quality and the health and safety of our children is at stake. He alleged that members of staff and the Commission secretly met to discuss the project, and stated that the citizens will guide the City towards it future. He urged the Commission to address onsite mitigation of urban runoff, soil toxic standards by the California Coastal Commission (CCC), and hiring of an independent contractor for soil remediation. Paul Cross, Huntington Street, voiced the following points of concern related to the Pack City project: too large in scale, possible destruction of the Pacific Mobile Home Park due to the extension of Delaware. Street, semipublic park insufficient. for Orange Avenue/First Street residents, underground petroleum components, 19th Street Bridge, ocean contamination, violation of CCC requirements, and, insufficient handicap access.. He also discussed concerns voiced by the Robert Mayer Corporation regarding traffic and density and urged the Commission to downsize the office, residential and retail components of the project. Rob Jason, Waterfall Circle, spoke regarding the Pacific City Project and voiced concerns about, eminent domain and pedestrian and bicycle safety on Atlanta and Huntington Streets, outlining the need for a meandering sidewalk on Atlanta Street with an easement agreement from property - - . owners. He urged postponement from the American Title Company regarding the public right-of- way (ROW), -and asked the Commission to send the project to the City Council. Steve Bone, President, Robert Mayer Corporation and co-owner of Hyatt Spa & Resort voiced concerns related to the Pacific City project, informing the Commission that the infrastructure does. not support Pacific View Avenue. He also stated that adequate parking was not present in the proposal, and that expecting patrons of the development to park downtown is unreasonable. He addressed urban runoff into.the ocean and requested that drainage be directed to the Orange County Sanitation District (OCSD). . Julie Bixby, Huntington Beach, discussed alleged Brown Act•violations by the Commission secretly meeting with staff to discuss water quality related to the Pacific City project. She also discussed Commission activity during the.Parkside Estates entitlement process. Mark Bixby, Huntington Beach, described himself as an amateur botanist and discussed alleged Brown Act violations by the Commission secretly meeting with staff. to discuss water quality related to the Pacific City project. He voiced concerns about meetings being held without public notification, and recommended involving the public at all costs. He also stated that staff time is money, and meetings do not grow public trust, citing examples of school district meetings in violation of the Brown Act. Barbara Boskovich, .OVSD, voiced concerns related to the Pack City project and possible affordable housing at.Wamer Avenue and Nichols Street. She discussed school district fees in the Oak View area and the Downtown Specific Plan, Districts 7 and 8A as they relate to school facilities (conditions do not apply on affordable homes). She stated that applicant failed to contact the OVSD, stressing the importance of OVSD involvement. She also pointed out that information related to school districts was not included in the project's. Mitigation Monitoring Program. Larry Porter, OOG, voiced concerns related to the alleged secret meetings, Brown Act violations, and unethical behavior. He also discussed activity during the public hearing process on the Poseidon Desalination Plant that came before the Commission in October 2003.. (04p=0413) PC Minutes April 13, 2004 Page 4 Merrilee Madrigal, Cliff Drive, voiced concerns related to alleged violations of the Brown Act and meetings held on water quality related to the proposed Pacific City project without public notification. She stated that concerned citizens are left in the dark and discussed iil-perceived public opinion. She urged the Commission to postpone decision on the project. Jan Vandersloot, Newman Avenue, voiced concerns related to the proposed Pacific City project, including public notification, storm water drainage into the ocean, on -site urban runoff treatment commensurate with other surrounding developments, and the project's park space deficiencies. He discussed Makar Properties being a member of the Ocean Outfall Group and requested a new public hearing. Steve Marion, Alabama Street, voiced concerns related to the proposed Pacific City project, including the project's impact on ocean water quality and traffic flow on Atlanta Avenue. He discussed the need for sidewalks on the north side of Atlanta between Alabama and Huntington Streets, made suggestions for a land swap at a certain location, and inquired about the possibility of a third hotel built on the Mayer Corporation's property. Don MacAllister, Park Street, spoke in support of the proposed Pacific City project, and urged the Commission to approve the request and move forward. CHAIR DAVIS CLOSED ORAL COMMUNICATIONS Chair Davis spoke against the public's uninformed accusations of unlawful, unethical behavior by the Planning Commission by their meeting with staff to discuss new development water quality requirements without informing the public. He stated that such slander should not be communicated here; rather they should direct any law violations to the Orange County District Attorney's office at (714) 834-3600. B. PUBLIC HEARING ITEMS - PROCEDURE: Commission Disclosure Statement(s), Staff Report Presentation, Commission Questions, Public Hearing, Discussion/Action. B-1. PUBLIC HEARING CLOSED: TENTATIVE TRACT MAP NO. 163381 (PACIFIC CITY) —(CONTINUED FROM MARCH 23, 2004). 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 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. CUPICDP: 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 space/park- 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 (04p=0413) PC Minutes Apri113, 2004 Page 5 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." Commissioner Livengood asked the Commission Counsel to respond to allegations heard by the public of the Planning Commission violating the Brown Act by meeting with staff to discuss new development water quality standards. Leonie Mulvihill, Commission Legal Counsel, stated that the Planning Commission did not violate the Brown Act by meeting with staff to discuss new development water quality standards. The Commission made the following disclosures: Commissioner Thomas met with staff to discuss new development water quality; Commissioner Scandura spoke with Barbara Boskovich/OVSD, and met with staff to discuss new development water quality; Commissioner Ray spoke to John Sisker, Gene Anderson, Betsy Lindsay, John Scott, Bruce Warren, Mark Hodgson/CCC, Judy with the Pacific Mobile Home Park, Mike Churchin, Mark Bixby, Barbara Boskovich, Jan Vandersloot, Marisol Del Rosario and family members; Commissioner Shomaker met with staff on new development water quality standards, stating that most of the discussion centered around natural landscaping; Commissioner Dingwall viewed the meeting videotape of March 23, 2004; spoke with Richard Harlow, and met with staff to discuss new development water quality standards without discussing any information related to the Pack City project; Commissioner Livengood corresponded via email with Jan Vandersloot and Mark Bixby, spoke with Barbara Boskovich and met with staff to discuss new development water quality standards, whereby Public Works staff distributed a document with a check -off list that was in place in 2002; Chair Davis spoke with John Erskine, Richard Harlow, Mark Bixby, Herb Fauland and Scott Hess, discussed parking issues and short-term rentals, and did not meet with staff to discuss new development water quality standards. (04p=0413) PC Minutes April 13, 2004 Page 6 Chair Davis read from document filled with technical language to educate the public as to the type of material the Commission is expected to review, understand, and draw decisions from, and why it is sometimes necessary for the Commission to meet with staff for translation purposes. Scott Hess made a presentation to the Commission and discussed water quality and soil remediation specific to the Pacific City project. He also informed the Commission that representatives from Public Works were presenting information on citywide water quality issues. He also stated that the Michael Gagnet, Makar Properties, would also be presenting information on Pacific City. Mr. Hess identified late communication received from Makar Properties, John Sisker, Mark Hodgson/CCC, Kevin Ives/Inka Grill, and two emails in support of the project. He also discussed the CCC letter and confirmed that the project lies in the non -appealable area of the coastal zone. Mr. Hess clarified that a statement in the report regarding negotiations between Makar and the OVSD was incorrect. Since no part of the project is within the OVSD, there is no requirement for OVSD school impact fees. Mr. Hess discussed the soil remediation process and third party consultant list. He provided information on recent discussions between the Fire Department and the Pacific City Action Coalition. He also explained a third party condition that complies with mitigation measures within the Environmental Impact Report (EIR). Commissioner Dingwall asked if affordable housing developments built off site could come before the Commission for approval at a later date. Mr. Hess explained the parameters of the Commission's future involvement, subject to zoning requirements and development standards. He also reminded them staff is recommending that 50% of the required affordable housing units be built on site. Dave Webb, City Engineer, discussed meetings held with staff and certain Commissioners to discuss water quality citywide, e.g., drain structures, areas and channels with storm water pump stations, and water quality, elements and planning for a comprehensive program. Mr. Webb made a PowerPoint presentation, and discussed staff's dedication to water quality, explained Best Management Practices (BMPs), and was available to answer questions. Commissioner Ray asked if Pacific City was considered a priority project, and inquired about water treatment control BMPs. Mr. Webb stated that Pacific City was considered a priority project, and explained features of water treatment control. He also defined urban runoff. Michael Gagnet, Makar Properties provided information on water treatment, diversion, filtration and storm drains. Chris Webber, Hunsacker & Associates, stated that the project demands above average water quality, and features a state-of-the-art approach to water treatment. He described the developer's storm water management and water quality treatment and filtration plan as "cutting edge technology," and briefly discussed the Talbert watershed and surrounding drainage areas. He provided informational slides on the existing and proposed hydrology and storm drain facilities, and dry weather flow relating to drainage areas "A" and "B," (04p=0413) PC Minutes April 13, 2004 Page 7 storm water flows relating to drainage areas "A" and "B," and information on the master storm filter. Commissioner Ray asked about the number of filtration cartridges. The consultant answered 86 in drainage_ area "A," and 114 in drainage area "B." Commissioner Ray asked about protective gear for maintenance personnel, and Mr. Webber responded that all protective gear must meet OSHA requirements. Will Hams, Senior Regional Manager, Stormwater Management, Inc., explained that the PowerPoint video is designed to show an overview of various methods of removing pollutants, depending on size and conditions of storm drain, and that the entire process was not included. Commissioner Ray asked if contaminants are released into the air. Mr. Harris explained that the system comes in contact with low concentrations of non -point source pollutants, not highly concentrated materials. He also stated that waste characterization is performed first, prior to transportation to a Class III landfill. Commissioner Scandura asked about storm water at first flush being treated through cartridges. Mr. Harris explained how first flush water goes through cartridges, and how the overflow conditions and dispersement practices function. Commissioner Scandura asked how the water diverts into two different drainage areas. Mr. Webber explained the diversion control system, and how the water naturally flows into each drainage area. Commissioner, Livengood asked about the number of similar facilities currently operating. Mr. Hams stated that Stormwater Management, Inc. has been in business for 14 years, and that 14 facilities have been operating in the northwest over the past 10 years, Commissioner Dingwall asked how many of the 14 facilities are of the exact design as proposed for Huntington Beach. Mr. Hams explained that although structural and architectural differences may vary, approximately 20,000 filter cartridges with the exact design proposed for this project are currently operating within the United States. . Commissioner Thomas asked if the applicant had considered "wet ponds" or wetlands for drainage. Michael Gagnet stated that Makar looked at several systems, but when considering storm event preparedness, ponding was ruled out as an option to control a regional runoff problem. Commissioner Ray asked about First Street low flow, specifically if other areas flow into that drainage system. Geraldine Lucas pointed out flow areas identified in the new development water quality standards presentation. THE PUBLIC HEARING WAS OPENED: Paul Cross, Huntington Street, asked about the CCC's letter regarding the project's appeal status. He also discussed the following issues: building height, maintaining the ROW through the project as a pedestrian pathway; bulk of .the mix of 2 .and 4-story buildings being 3 or 4 stories, power lines above ground, pedestrian controlled method of stopping traffic at Alabama Street and Atlanta Avenue, no sidewalk on Atlanta between Huntington and Alabama Streets, and no median strip being considered at First Street and Atlanta. (04pcm0413) PC Minutes April 13, 2004 Page 8 Charlie Bunten, Huntington Beach Chamber of Commerce, congratulated the applicant and staff on their understanding of water quality and treatment. He stated that the project's parking is adequate, citing Plaza Almeria as a project whose parking structure contains over 100 spaces stored in inventory. He stated that the project's ingress/egress plans are adequate, and discussed how the benefits outweigh contrived concerns. He also stated that the project was appropriate for parcels along the coast to attract convention and visitor traffic and generate revenue. Barbara Boskovich, OVSD, voiced concerns about the applicant not consulting the OVSD about potential school impact fees. She explained how school districts and affordable housing relate, including district fee and other fees and discussed the need for establishing mitigation measures. She stated that if necessary, a meeting with OVSD, the developer and their representatives must be held to discuss the issues. She also handed out a letter to Commission that communicates project -related concerns by the OVSD. James R. Tarwater, OVSD, stated that the District became aware of the project's affordable housing potentially being built off -site and outside the redevelopment area on March 8, 2004, with no notification from the City. He discussed the number of family units within the OVSD zone, and listed which schools would be the affected by the project. He also voiced concerns related to the 4.9-acre parcel at Warner Avenue and Nichols Street, and the potential development of 78+ apartment dwellings. He explained ratio figures per grade (student generation rate factors) that may result in 795 new students, requiring 14 new classrooms, necessities, etc. He discussed mitigation measures and the need for a meeting with the City, developer and OVSD to negotiate an agreement. Tracy Pellman, OVSD Board Member, spoke about how proposed affordable housing impacts the OVSD public (7500 families-, 10,000 school kids, buses and busing fees, etc.) She stated that mitigation measures must consider the lack of an elementary school site within the District. She also discussed segregation issues experienced in the late 1980's and early 1990's in the Oak View area. John Sisker, Pacific City Action Coalition/Pacific Mobile Home Park, thanked the Commission for reopening the public hearing. He discussed an agreement between the Fire Department and Coalition to select a third party soil remediation consultant. He identified a conflict of interest among the five parties being considered by the Fire Department, and discussed the Fire Chief s April 9, 2004 deadline for the Coalition to provide comments and make a recommendation, and the Coalition's April 5, 2004 email to the Fire Department describing certain objections based on their preliminary review. Cheri Jan Olson, identifying herself as Trent Olson's mother, discussed her son's passing caused by a brain stem glyoma. She discussed being contacted by national news organizations about contamination problems in Huntington Beach. Peter Albini, Huntington Beach, started out by quoting Benjamin Franklin's "a penny saved is a penny earned," and voiced concerns about losing tax revenue by not approving the proposed project. He also discussed the environment and possible sites better suited for the project. Dale Dunn, Huntington Beach Conference & Visitors Bureau Chief Financial Officer, spoke in support of the item and its visitor -serving tax revenue. He stated that the concerns heard by interested parties are minor compared to benefits that the project will bring to the City. (04p=0413) PC Minutes April 13, 2004 Page 9 Gary Brown, OC Coastkeeper, voiced concerns related to stormwater issues and Stormwater Management, Inc. He discussed deficiencies at the Atlanta Pump Station and cited other examples of more sophisticated water treatment plants. He also discussed partnership between the City and developer to mitigate runoff into stormdrain channels for surrounding areas, stating that the developer was agreeable, and,that the City was the obstacle. He requested that the Commission add a condition of approval for monitoring stormwater activity. Mike Churchin, Pacific City Action Coalition, discussed his personal involvement with the Coalition, and his displeasure with Chair Davis' defensive posture, calling it a cause for concern that discounts public sensitivity. He asked why staff doesn't recommend hiring a third party soil remediation consultant. He discussed problems with Public Works and invited the City Engineer to see runoff in his backyard from the Hyatt development. He also discussed the need for a third party consultant for soil remediation because of public mistrust and conflict of interests, and a March 19, 2004 agreement between the City and ,Coalition calling for equal_ involvement in choosing a firm. John Ott, Pacific Ranch resident, voiced concerns related to soil contaminants. He urged the Commission to do the right thing by considering the environmental impacts before revenue generation. He discussed his daughter's passing in 2001 from a rare, brain stem glyoma, and three other children in the immediate area passing within 2.5 years from the same condition, and it's connection to petroleum products. He urged Coalition involvement, identified the purpose of "Stand Together for the Fight," and informed the Commission that he was contacted by a national news organization for a story. Jim Adams, Los Angeles County Building & Construction Trades Council representing affiliated construction unions and locals, spoke in support of the project. He discussed the number of Huntington Beach residents that are union workers who are excited about the project. He urged the Commission to approve building trade unions for construction, calling it "local jobs for local workers." He stated that the developer is committed to providing union jobs well beyond the construction stage and discussed tax revenue generation and community benefits. Steve Marion, Alabama Street, handed out material related to pedestrian safety at Atlanta Avenue and Huntington Street. He requested that the Commission consider widening Huntington Street, laying sidewalks on both sides of Atlanta between Alabama and Huntington Streets, soil remediation and beautification on Atlanta, and a land swap on Delaware Street. He also asked the Commission to manage what we currently have. Joey Racano, OOG, voiced concerns about the Commission allegedly violating the Brown Act by meeting with City staff to discuss new development water quality standards without informing the public, and how the discussion would produce a spillover effect to the Pacific City project. He also discussed low income housing, the Cabrillo Mobile Home Park and promises for mandated housing, urban runoff and treatment, presence of a vernal pool on the back side of Pacific View known as Little Shell, the site's archeological resources, and a 1979 Cal Poly Pomona.study suggesting the site be preserved for educational purposes. Lary Porter, OOG, voiced concerns related to infrastructure and the project's potential impacts to some future 500+ residents on the 31-acre project site. Jan Vandersioot, Newman Street, stated that the developer should provide everything the citizens want because of the profit they stand to make due to current real estate values. (04pcm0413) PC Minutes April 13, 2004 Page 10 He discussed requiring the developer to build 77 affordable units on the project site and voiced concerns about a parking space shortage. He described use of a "wetpond" system as not feasible because of limited space requirements, and requested that the developer scale down the project. He urged the Commission to consider good for the whole community, with no affordable development offsite, no in -lieu park fees (dedicate all parkland), and improvements made to the Atlanta Pump Station. Michael Gagnet, Makar Properties spoke to the issues identified by the public speakers. He stated that Makar is dedicated to do the right thing, including making sure that all soil remediation standards are met, and providing a superior water quality system that will manage storm water runoff. He also addressed park space, and stated that Makar is providing park space at the request of the Community Services Department that was not required by the General Plan, explaining that the site has 50% open space throughout the development. He also stated that the project fully complies with the guidelines and requirements of the Downtown Specific Plan, General Plan, and Local Coastal Program. WITH NO ONE ELSE PRESENT TO SPEAK, THE PUBLIC HEARING WAS CLOSED. At 10:09 p.m., Chair Davis recessed the meeting for ten minutes. The meeting resumed at 10:18 p.m. Commissioner Ray voiced concerns related to the Planning Commission's alleged Brown Act violation through meeting with staff on water quality education. He also thanked staff for presenting water quality information to the public. Commissioner Dingwall stated that he forgot to mention a lengthy conversation he had with the president of the OVSD during Commission disclosures. He also discussed meeting with staff to discuss water quality, informing the public that no more than three Commissioners were present, and if accumulation or "spillover" of information occurred, it was not intentional. Chair Davis commented on the public's accusations of Brown Act violations, and the high level of hypocrisy that exists between certain individuals that have met with him to discuss City business. Commissioner Dingwall defended certain members of the public, stating that they are not governed by the Brown Act, but that the Planning Commission is. Commissioner Thomas stated that several Planning Commission members in surrounding cities do not meet with members of the public. Commissioner Ray disagreed with the idea of not meeting with the public, and stated that he was in favor of continuing the item for further discussion. Commissioner Dingwall supported continuance, stating that he considered five major areas not adequately addressed within the EIR including affordable housing, traffic and the Mayer Corporation appeal, parking and the Mayer Corporation appeal, water quality, and park space and the old Pacific Electric ROW. Mr. Hess encouraged the Commission to take action on the request, reminding the Commission that no new information has been presented since the March 23, 2004 meeting, and that all necessary staff is present to answer questions. (04p=0413) PC Minutes April 13, 2004 Page 11 Commissioner Livengood asked the Fire Department to provide the status of selecting a third party consultant for soil remediation. Matt McGrath, Petro Chemical Supervisor, stated that a meeting would be held the following day, Wednesday, April 14, 2004 with GeoSyntec to discuss the scope of work. Commissioner Livengood asked about the Fire Department's list of candidates being considered as a third party consultant for soil remediation, and Pacific City Action Coalition's recommendations. Mr. McGrath stated that the Fire Chief assumes responsibility through the City's Municipal Code.to select a third party consultant. Commission Counsel Mulvihill stated that the Commission does not have authority to make a recommendation on this type of matter. Commissioner Livengood discussed making a recommendation to extend the time period allowed for the PCAC to review the remaining consultants. Commissioner Thomas asked if the PCAC was considering recommending any of the three companies that were being considered by the Fire Department. Staff reminded the Commission that a condition of approval exists calling for "a third party consultant agreeable by all parties." Commissioner Scandura supported giving the PCAC another week to review the remaining consultants. Commissioner Dingwall discussed two candidates having serious conflicts of interest. Chair Davis stated that he would not support the recommendation because the applicant has paid for an entitlement process that is supervised by the Fire Department, and that such.a request implies third party authority that may set a future precedent. Commissioner Ray voiced support for allowing the PCAC additional time, but suggested modifying language on Attachment 1.16, item 7, that would allow the selected third party consultant to order new tests and soil sampling, and be able to monitor the site during the construction phase. A STRAW VOTE MOTION WAS MADE BY LIVENGOOD, SECONDED BY RAY, TO FORWARD THE FOLLOWING RECOMMENDATION TO -THE CITY FIRE CHIEF REGARDING SELECTION OF A THIRD PARTY REMEDIATION CONSULTANT: "it is recommended that the Fire Department provide additional time for the Pacific City Action Coalition to adequately review the list of five consultants and recommend a selection to the City no later than -Monday, April 26, 2004 at 5:00 p.m. if the Pacific City Action Coalition falls to recommend a selection by the time and date provided, the third party consultant will be selected by the Fire Department." Commissioner Dingwall asked if the motion could be modified to include only those consultants free of possible conflicts of interest. (04pcm0413) PC Minutes April 13, 2004 Page 12 Commissioner Livengood denied the request. A STRAW VOTE MOTION WAS MADE BY DAVIS, SECONDED BY THOMAS, TO SUBSTITUTE A 7-DAY REVIEW PERIOD INSTEAD OF 14 DAYS, AND THAT THE DECISION ON SELECTION OF A CONSULTANT BE BROUGHT BEFORE THE PLANNING COMMISSION. Discussion ensued regarding procedure on which vote takes precedence. CHAIR DAVIS WITHDREW HIS MOTION; SECOND WITHDRAWN BY COMMISSIONER THOMAS. The straw vote motion was restated and action was taken by the following vote: AYES: Thomas, Scandura, Ray, Davis, Shomaker, Livengood NOES: Dingwall ABSENT: None ABSTAIN: None MOTION APPROVED Chair Davis suggested reviewing the conditions of approval for the tentative tract map request. A STRAW VOTE MOTION WAS MADE BY RAY, SECONDED BY DINGWALL, TO STRIKE "OR COMBINATION OF ON -SITE AND OFF -SITE" LANGUAGE INCLUDED IN CONDITION 2.b. ON ATTACHMENT 1.14, BY THE FOLLOWING VOTE: - Commissioner Dingwall voiced concerns about approving an affordable housing plan in concept, and the effects of shifting school district capacity problems to other districts. Staff explained General Plan policy, stating that developers of residential projects must establish mitigation measures, and that the developer wants the flexibility to consider off - site locations for affordable housing. Staff also explained that although not opposed to on - site affordable housing, it is typical to allow the developer the choice, and that a minimum of 50% will be built on site. The applicant was given the opportunity to respond to all changes. Richard Harlow, consultant, explained that the developer can acquire existing "at risk" properties off -site for rehabilitatidn,'and designate units at'a lower affordability rate, providing a broad opportunity for affordable housing in the City. Commissioner Thomas offered opposition to the motion. Commissioner Scandura offered his opposition to the -motion, stating that locations are speculative, that the number of children in affordable units is subjective, that new projects are subject to review, and that rehabilitating existing dilapidated housing is a good idea. Commissioner Shomaker concurred with Commissioner Scandura and voiced concerns related to busing, extreme homeowner's association dues, -and better opportunities for projects off -site. (04p=0413) PC Minutes April 13, 2004 Page 13 Commissioner Livengood identified language on Attachment 1.15, Item g., stating uagreements with appropriate school districts," calling it a safety.net for mitigation measures on the project's impact to surrounding school districts. Commissioner Davis stated that the applicant should be -allowed to develop affordable housing off -site. Commissioner Ray stated that those who qualify for low income housing should be afforded the opportunity to purchase property near the downtown, and supports a minimum of 50% of the affordable housing be built on -site. He also discussed requirements provided on Attachment 7.7 (District 8A Zoning Conformance Matrix, Residential), and affordable housing parking requirement exceptions. Staff explained how the requirements relate to the Downtown Specific Plan. - Commissioner Dingwall stated that'on-site units would cost less, and inquired about the Quimby Act and the total cost to the community. Commissioner Shomaker stated that affordable units on -site didn't make sense when some homeowner's association dues rates can reach up to $400 per month. - Commissioner Davis stated he is in favor of more affordable housing, not less, and that although he is not opposed to low-income families living in a resort community, he feels that many will not qualify financially to live there. The straw vote motion was restated and action was taken by the following vote: AYES: Ray, Dingwall NOES: Thomas, Scandura, Davis, Shomaker, Livengood ABSENT: None ABSTAIN: None MOTION FAILED A STRAW VOTE MOTION WAS MADE BY LIVENGOOD, SECONDED BY SCANDURA, TO RELOCATE "EDISON-OWNED STREET LIGHTING" TO FOLLOW "PARKWAY LANDSCAPING", AND MAKE MINOR REVISIONS RECOMMENDED BY STAFF TO CONDITION 3.c. ON ATTACHMENT 1.15. AYES: Thomas, Scandura, Ray, Davis, Shomaker, Livengood NOES: Dingwall ABSENT: None ABSTAIN: None MOTION APPROVED Commissioner" Thomas asked staff to clarify the public park minimum area of 2.03 acres identified on Attachment 1.14 3a. Staff explained that the General Plan did not identify a specific park site, although a park easement for public use is being provided by the developer in addition to the in -lieu fees associated with 6.9 acres for the project's residential component, and a 20-foot wide public pedestrian access easement throughout project. (04p=0413) PC Minutes April 13, 2004 Page 14 Commissioner Dingwall asked how the number of parkland acres was calculated, and about the Pacific Electric ROW easement. Staff provided information the parkland acreage obligation is based on the number of residential units, and that the Pacific Electric ROW no longer exists on -site. However, there will be a 20-foot wide public pedestrian easement through the site as required by the Downtown Specific Plan. Richard Harlow, consultant, stated that the Pacific Electric corridor extends through the north part of the project site, and that the easement was abandoned years ago in favor of adjacent property owners. He also explained that the Downtown Specific Plan simply states that as an alternative to the ROW for the railroad, a 20-foot corridor must be provided. A STRAW VOTE MOTION WAS MADE BY LIVENGOOD, SECONDED BY SCANDURA, TO STRIKE LANGUAGE RELATED TO MASTER ASSOCIATION RESPONSIBILITY AND REPLACE WITH LIVENGOOD'S "REVISION A" LANGUAGE; ADD "ORANGE COUNTY SANITATION DISTRICT"; AND, ADD "DRY WEATHER FLOW DIVERSION" TO CONDITION 3.c. ON ATTACHMENT 1.15. John Erskine, consultant, referenced information provided on Attachment 4.18 to address Commissioner Dingwall's concerns on the Pacific Electric ROW. Sean Finnegan, Makar Properties, approached the podium to inform the Commission that they were agreeable to the proposed motion. Commissioner Thomas requested that language related to future costs incurred by the OCSD be added to the motion. Commissioner Ray requested that language related to dry weather flow diversion be added to the motion. The straw vote motion was restated and action was taken by the following vote: AYES: Thomas, Scandura, Ray, Davis, Shomaker, Livengood, Dingwall NOES: None ABSENT: None ABSTAIN: None MOTION APPROVED A STRAW VOTE MOTION WAS MADE BY SCANDURA, SECONDED BY LIVENGOOD, TO ADD "A" STREET TO CONDITION 2.a.4 ON ATTACHMENT 1.13, AND CONDITION 3.c. ON ATTACHMENT 1.15. AYES: Thomas, Scandura, Ray, Davis, Shomaker, Livengood, Dingwall NOES: None ABSENT: None ABSTAIN: None MOTION APPROVED (04p=0413) PC Minutes April 13, 2004 Page 15 A STRAW VOTE MOTION WAS MADE BY SCANDURA, SECONDED BY LIVENGOOD, TO ADD "POCKET PARK" TO CONDITION 2.a.1 ON ATTACHMENT 1.13. AYES: Thomas; Scandura, Ray, Davis, Shomaker; Livengood, .Dingwall NOES: None ABSENT: None ABSTAIN: None. MOTION APPROVED A STRAW VOTE MOTION WAS MADE BY RAY, SECONDED BY LIVENGOOD TO ADD "OF THE ENTIRE SITE" TO CONDITION 3.h. ON ATTACHMENT 1.16., AYES: Thomas, Scandura, Ray, Davis; Shomaker, Livengood, Dingwall. NOES: None ABSENT: None ABSTAIN: None MOTION APPROVED A STRAW VOTE MOTION WAS MADE BY RAY, SECONDED BY SHOMAKER, TO ADD "AND THE CITY'S CONTACT NUMBER" TO CONDITIONS 6 AND 6 ON ATTACHMENT Discussion ensued on identifying the disturbance coordinator on construction site signage. The straw vote motion was restated and action was taken by the following vote: AYES: Thomas, Scandura, Ray, -Davis, Shomaker; Livengood, Dingwall NOES: None ABSENT: None ABSTAIN: None MOTION APPROVED Commissioner Dingwall and staff discussed modifying item no. 7 on Attachment 1.16, specifically to divide the condition into two parts, one related to soil remediation, and one -related to grading operations. Commissioner Ray requested a modification to the language identifying the responsibilities of the third party consultant for soil remediation. - Michael Gagnet, Makar Properties, discussed how the condition complies with standards set forth in Specification 431.92 of the Fire Department Regulations. (04p=0413) PC Minutes April 13, 2004 Page 16 XSTRAW VOTE MOTION WAS MADE BY DINGWALL, SECONDED BY LIVENGOOD TO STRIKE "SOIL REMEDIATION" AND RENUMBER CONDITION 7 AS 7.A ON ATTACHMENT 1.16; AND, ADD 7.13. ON ATTACHMENT 1.16 AND INCLUDE STAFF RECOMMENDED LANGUAGE RELATING TO A THIRD PARTY REMEDIATION CONSULTANT. AYES: Thomas, Scandura, Ray, Davis, Shomaker, Livengood, Dingwall NOES: None ABSENT: None ABSTAIN: None MOTION APPROVED A MOTION WAS MADE BY LIVENGOOD, SECONDED BY RAY, TO CONTINUE TENTATIVE TRACT MAP NO. 16338, CONDITIONAL USE PERMIT NO.02-20 WITH SPECIAL PERMIT NO.02-04, COASTAL DEVELOPMENT PERMIT NO.02-12, CONCEPTUAL MASTER PLAN (PACIFIC CITY) WITH PUBLIC HEARING CLOSED, TO APRIL 27, 2004. Discussion ensued about having public comments follow the item on the April 27, 2004 agenda. A SUBSTITUTE MOTION WAS MADE BY DAVIS, SECONDED BY SCANDURA, TO RECESS THE ITEM UNTIL 7:00 P.M. ON APRIL 27, 2004. Discussion ensued about the appropriateness of substitute motions, and "Roberts Rule of Order." The motion was restated and action was taken by the following vote: AYES: Thomas, Scandura, Davis NOES: Ray, Shomaker, Livengood, Dingwall ABSENT: None ABSTAIN: None SUBSTITUTE MOTION FAILED. A MOTION WAS RESTATED BY LIVENGOOD, SECONDED BY RAY, TO CONTINUE THE ITEM TO APRIL 27, 2004 WITH PUBLIC HEARING CLOSED. AYES: Scandura, Ray, Shomaker, Livengood, Dingwall NOES: Thomas, Davis ABSENT: None ABSTAIN: None MOTION APPROVED B-2. PUBLIC HEARING TO BE OPENED: APPEAL OF THE ZONING Ae%u1&11c+Tr�A91-0%efc+ r%nLIIAI At• C►ITITI CA■Cdlr 131 AAI AAACLIM NO.03-01 AND VARIANCE NO, 03-01): Applicant/Appellant: Joseph Santiago Request: To amend Conditional Use Permit No. 03-01 and Variance No. 03-01 by deleting the following conditions of approval: a) Condition No. 1-a — requiring the (04p=0413) PC Minutes April 13, 2004 Page 17 removal of staircase along interior side property line; b) Condition No. 4 — requiring an application for a lot line adjustment; c) Condition No. 3-a — requiring an irrevocable offer to dedicate for alley purposes; d) Condition No. 5-d-e — requiring a new water meter and box; e) Condition No. 1-d — requiring the under grounding of utility lines. Location: 403 Tenth Street (northeast corner of Tenth Street and Orange Avenue) Proiect Planner: Rami Talleh STAFF RECOMMENDATION: Motion to: "Continue at the applicant's request Entitlement Plan Amendment No. 03-09 to the May 12, 2004 meeting with the public hearing to be opened." A MOTION WAS MADE BY RAY, SECONDED BY SCANDURA, TO CONTINUE AT THE APPLICANT'S REQUEST ENTITLEMENT PLAN AMENDMENT NO.03- 09 TO THE MAY 25, 2004 MEETING WITH THE PUBLIC HEARING TO BE OPENED, BY THE FOLLOWING VOTE: AYES: Thomas, Scandura, Ray, Davis, Shomaker, Dingwall, Livengood NOES: None ABSENT: None ABSTAIN: None MOTION APPROVED C. CONSENT CALENDAR C-1. PLANNING COMMISSION MINUTES DATED FEBRUARY 24, 2004 A MOTION WAS MADE BY SCANDURA,-SECONDED BY LIVENGOOD, TO APPROVE PLANNING COMMISSION MINUTES DATED FEBRUARY 24, 2004, BY THE FOLLOWING VOTE: AYES: Thomas, Scandura, Ray, Davis, Shomaker, Dingwall, Livengood NOES: None ABSENT: None ABSTAIN: None MOTION APPROVED C-2. PLANNING COMMISSION MINUTES DATED MARCH 9, 2004 A MOTION WAS MADE BY THOMAS, SECONDED BY SCANDURA, TO APPROVE PLANNING COMMISSION MINUTES DATED MARCH 9, 2004, BY THE FOLLOWING VOTE: AYES: Thomas, Scandura, Davis, Shomaker, Dingwall NOES: None ABSENT: None ABSTAIN: Ray, Livengood MOTION APPROVED (04pcm0413) PC Minutes April 13, 2004 Page 18 10 E. F. NON-PUBLIC HEARING ITEMS - None scheduled. - PLANNING COMMISSION ITEMS E-1. PLANNING COMMISSION REQUEST ITEMS FOR FUTURE MEETINGS — E-1a. Chair Ron Davis - A minute action recommendation.by the Planning . Commission to the City Council of the following: -- "All funds generated from lease agreements between the City and wireless communication companies that propose wireless facilities within City parks -shall be directed to the City's Park Fund for use in park acquisition and park maintenance." Motion to: "Direct staff to forward the minute action to the City Council." CHAIR DAVIS SUGGESTED CONTINUING THE ITEM TO THE APRIL 27, 2004 MEETING AND A CONSENSUS WAS REACHED. E-2. PLANNING COMMISSION COMMENTS Commissioner Thomas — None. Commissioner Scandura - None. Commissioner Ray - None.' Commissioner Davis - None. Commissioner Shomaker = None. Commissioner Dingwall — None. Commissioner Livengood — None. PLANNING ITEMS F-1. CITY COUNCIL ACTIONS FROM PREVIOUS MEETING — None reported. F-2. CITY COUNCIL ITEMS FOR NEXT MEETING — None reported. F-3. PLANNING COMMISSION ITEMS FOR NEXT MEETING — None reported. ADJOURNMENT: Adjourned at 12:16 a.m., April 14, 2004 to the next regularly scheduled meeting of April 277,2004, Huntington Beach Civic Center. ' . . ' APPR VED BY: ward Zelefsky, Secretary Ron Davis, Chair (04p=0413)