Item 4 - Public Hearing to Consider EIR Bill Silva Presents
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AGENDA REPORT SUMMARY
TO: Honorable Mayor and Members of the City Council
FROM: James L. Bowersox, City Ma~
INITIATED BY: John D. Fitch, Assistant City Manager &
Reba Wright-Quastler, Director of Planning Services ~
DATE: July 18,1995
SUBJECT: Public Hearing to Consider the Final Environmental Impact Report (Final EIR - State
Clearinghouse No. 95021039) for the Proposed Poway Entertainment Center and
Concurrent Planning Applications Including: South Poway Specific Plan Amendment
84-01Z, Conditional Use Permit 95-02, Variance 95-06 (City Noise Ordinance),
Development Review 95-02, Variance 95-07 (Signage), and Grading Ordinance
Variance (Slope Height).
ABSTRACT
This report presents the status of the application. The Specific Plan Amendment and Conditional
Use Permit applications are complete but the Development Review and Variance applications are
not. The draft Environmental Impact Report has been circulated for public comment but the
responses to the comments received have not been completed. All deposited funds for the project
have been expended and no additional deposits are expected.
ENVIRONMENTAL REVIEW
A draft Environmental Impact Report has been prepared and circulated for public comment.
FISCAL IMPACT
None.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
Notice of this public hearing was published in the Poway News Chieftain. Notice was also mailed to
the comprehensive Distribution List of the draft EIR, including all property owners in the South Poway
Specific Plan and within a 500 foot radius, to all individuals that submitted a comment letter, and to
interested parties that requested notification of the public hearing. No additional correspondence
has been received since the writing of this report.
RECOMMENDATION
It is recommended that this item be removed from calendar,
". ACTION
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1 of 8 JUL 1 8 1995 ITEM 4 ,-I
CITY OF POW A Y
AGENDA REPORT
TO: Honorable Mayor and Members of the City
Council
FROM: James L. Bowersox, City Mana~
INITIATED BY: John D. Fitch, Assistant City Manager
Reba Wright-Quastler, Director of ~nning Services~
James R. Nessel, Senior Planner
DATE: July 18, 1995
SUBJECT: Public Hearing to Consider the Final Environmental Impact
Report (Final EIR - State Clearinghouse No. 95021039) for the
Proposed Poway Entertainment Center and Concurrent
Planning Applications Including: South Poway Specific Plan
Amendment 84-01Z, Conditional Use Permit 95-02, Variance
95-06 (City Noise Ordinance), Development Review 95-02,
Variance 95-07 (Slgnage), and Grading Ordinance Variance
(Slope Height). CEQA Lead Agency: City of poway/Poway
Redevelopment Agency.
APPLICANT: Bill Sliva Presents, Project Site: Portion of Assessor's Parcel
No. 323-091-01,Iocated south of Scripps Poway Parkway and
east of Danielson Street
BACKGROUND
The projeCt applicant, Bill Silva Presents, was suppose to file concurrent environmental
review and planning applications for the proposed Poway Entertainment Center as noted
under the "SUBJECT" heading above. The applicant is seeking the necessary
authorizationa and related pannit approvals from the City Council/Redevelopment Agency
to allow the construction and operation of the proposed regional-drawing entertainment
center (outdoor amphitheater) within the South poway Business Park. To date, Bill Silva
Presents has neither submitted the appropriate applications or paid the fees for the
processing of Variance 95-06 (City Noise Ordinance), Variance 95-07 (Signage) and
Grading Ordinance Variance (Slope Height).
On January 10, 1995, the City Council/Redevelopment Agency conducted an advertised
and noticed public seeping hearing to obtain public input on the scope and content of the
draft environmental impact report (EIR) to be prepared for the proposed project,
2 of 8 JUL 1 8 1995 ITEM 4 :"1
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Agenda Report
July 18, 1995
Page 2
On January 24,1995 Bill Silva Presents filed the planning fees and applications for South
poway SpecifIC Plan Amendment SPA 84-o1Z, Conditional Use Permit CUP 95-02, and
Environmental Initial StucJylDetermination. On February 1, 1995 fees and applications were
filed for Development Review DR 95-02 and preparation of the EIR (EIR). At that time the
City's environmental consultant, Cotton/Beland/Associates, was instructed to commence
work to prepare the draft EIR.
On June 15, 1995, the applicants' planning/engineering consultant submitted additional
information and materials, as requested April 5 by staff (Development Review Committee),
in order to determine the "completeness" of the overall project application.
The Specific Plan Amendment and Conditional Use Permit applications are now complete,
however, the illustrative building/architectural elevations required for the Development
Review application have not been submitted to date.
The June 15 submittal included proposed "draft" findings for a variance from the City's
noise ordinance in response to the related noise impact mitigation measure of the draft
EIR. In addition, staff has been informed by the applicants' consultant that other project-
related deviations from City requirements (including specific plan monument signage
setback and grading ordinance fill slope height) may be also be requested through the
variance application process.
DISCUSSION
The Poway Entertainment Center would provide a new venue for a wide variety of music-
related events,(50-60 per year}, and in addition would provide a full service facility that
could accommodate both community and regional ancillary uses, activities and events
occurring typically on the weekends.
As shown on Attachment A. the site of the Poway Entertainment Center project is located
about one-half mile south east of the improved Scripps Poway Parkway/Stowe Drive
intersection and immediately east of the Kirkham R.oad/Danielson street graded
improvements. The site is the approximate southern one-half (74.0 acres) of APN NO.
323-091-01 0IM'lEld by Riley Uvely. The Poway city limit in Beeler Canyon forms the site's
southerly property line,
At this time, the Development Review application remains incomplete, and no official
application or fee payment has been made by the applicant concerning the above-
mentioned variance requests.
The draft EIR was circulated for a 45-<lay public review and comment period which ran from
May 12,1995 through June 26,1995. The majority of written comments on the draft EIR
were received over the last three days of the public review period and the number of letters
is substantial. Many of the comment letters received are very lengthy, articulate, and of a
controversial nature.
3 of 8 JUL 1 B 1995 ITEM 4 ",4
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Agenda Report
July 18, 1995
Page 3
On June 29, 1995, staff was informed by the applicant's consultant by telephone that Bill
Silva Presents desires to re-evaluate the project and that no additional expenditures toward
the project will be made. This telephone conversation was confirmed by a letter received
on July 5, 1995. (Attachment B) The funds deposited by the applicant with the City to cover
the cost of the preparation and finalization of the project have been depleted. In order to
prepare the final EIR, including the "response to comments", the City's environmental
consultant has estimated that approximately $12,000.00 additional will be needed.
Further, an additional estimated deposit of $3000 is needed in order to analyze comments
received regarding the traffic study. Since no additional deposit by the applicant for
completion of the final EIR is anticipated, the City's environmental consultant has been
directed to cease all work on the project until further notice,
FINDINGS
State law requires that a draft EIR be completed and circulated for comments, that those
comments be considered and responded to and that the lead agency certify that the final
EIR has been completed in compliance with CEQA and that the decision making body
review and consider the information contained in the final EIR prior to approving the project.
Because there are no funds to complete the response to comments received concerning
the draft EIR, the final EIR has not been completed in compliance with CEQA Further, the
Development Review and Variance Applications are incomplete.
FISCAL IMPACT
No fiscal impact is associated with the action recommended for this item.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
Notice of this public hearing was published in the Poway News Chieftain. Notice was also
mailed to the comprehensive Distribution List of the draft EIR, including all property owners
in the South Poway Specific Plan and within a 500 foot radius, to all individuals that
submitted a comment letter, and to interested parties that requested notification of the
public hearing. No additional correspondence has been received since the writing of this
report.
RECOMMENDATION
It is recommended that this item be removed from calendar
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ATTACHMENTS:
A. Project site location.
B. July 5, 1995 Bill Silva Attorney Letter JUL 1 8 1995 ITEM 4 '~i
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VIA FACSIMILE AND U.S. MAIL
James L. Bowersox, City Manager
City of Poway
13325 Civic Center Drive
Poway. CA 92064
Stephen M. Eckis, City Attorney , ,
City of Poway
13325 Civic Center Drive
Poway, CA 92064
Re: POWAY AMPmTHEATER
D~ar Messrs. Bowersox and Eckis:
I llm "Tiling you as attorney for Bill Silva Presents, the proponent of the Poway
amphitheater.
On June 26, 1995, a letter was delivered to you by my client requesting a
postpOnement of the July 18 City Council hearing regardina approvals for this proJect. In the
letter, my client outlined their attempts to address all concerns raised with res~et to the
Em'ironmental Impact Report, anci aiso inC:ica~eC: that the p:cject hac exceeded z.!! b'.!~gcte."Y
expectations. Additional time was requested to further refine design of the I" u.l~"" to deal
with financial issues, and to provide further tcclmical information to answer environmental
questions raised by Poway residents. This was the first continuance reCjucst.::! hy the
applicant. 1 am sure that you are aware that in virtually every jurisdiction sucn a request
would be routinely granted, particularly in view of the significant issues yet to be resolved in
order to make a hearing meaningful.
30i11IlBo...-&:k!iJI
JUL 1 8 1995 ITEM 4 I
6 of 8 Attachment B
James L. Bowersox
Steph~n M. Eckis
July 5, 1995
Page 2
In addition to my client's communication, on the same date your office '.as notified
by Cotton/Beland/Associates, your E.I.R. consultant, that they could not respond to the
volurninous comments to the draft E.I.R. without adding additional charges to their cost
estimate. They indicated that the draft E.l.R. could not be ready for tht: July 18 City Council
meeting unless additional authorization for these expenditures was received by June 27. That
authorization was not delivered.
In view of the above communications, my clients were shocked and dismayed to learn
that your City Council, over objections from your City Attorney, voted on June 27 to deny
the continuance request, and to insist that this matter be heard ou July 18, This hi;:hly
irregular vote was taken on an alleged emergency basis without notice to my Clients, and
without notice to the public at large. I believe that this action, if sustainerl, ;s a clear
violation of my client's right to due process of law, and clearly indicates a mint! set on the
part of the prevailing councilmembers to deny this project a fair hearing.
Biil Silva Presents has brOUint this project forwar~ ill you; cO='_"n;::-jt)r :~ ;,;~od faith,
and with total openness to the community. While it has been controversial, thue are
substantial numbers of supporters as well as opponents, Bill Silva has repeatedly assured
public forums that this project will not go forward unless the cnvironmcntal COJl.:~m~ of
Po.....ay residents can be adequately addressed. In an effort to do so, over S700,trOO has been
spent to date on studies, consultants, and City processing fees. To rush this project forward to
judgment \>,;thout allowing adcquate time to analyze and address important issues is a
disservice to the citizens of Poway, and a breach of the undcrstandinll of good faith and fair
dealing under which we submitted this project.
Should this project go forward for hearing on the 18th, it will be withoul a cumpleted
environmental impact report, without doc:umentation for necessary varianccs, and without final
stage architecture. In short, there will be nothing substantive to hear on that cUte.
At:d::;:);:22!~', beca';~ c!t~e i~~'.le~ ~et f~~h al::>ove, we caMot authorize any additIonal
expenditures on processing at this time
In view of the above fa.cts, I would strongly urge you to discllSs this maner in detail
with your Council as soon as possible, reminding them of what appear to be violations of due
process and my client's civil rights. More importantly, I would hope that dl':Y would be
advised that treating peoplc who come forward in good faith in this manner is not f.ood for
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7 of 8 JUL 1 8 1995 ITEM 4 .
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James L. Bowersox
Stephen M. Eckis
July 5, 1995
Page 3
the City of Poway and may have a chilling affect on any future businesses that might consider
kC2.~~~g L~ t!:>..: elt:,. We ask once again that this maner be Rmoved from the 18th agenda
and set at the next appropriate time in the month of September,
Very truly yours,
~,97J 71tPk
1. Michael McDade
of
SULLIVAN CUMMINS WERTZ
McDADE &: WALLACE
A Professional Corporation
cc: Bill Silva
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TELEPHONE: ISlel 231i1~081!5 CITY MANAGERS OFFICE
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July 11, 1995 -
I"ILIE NO.
Don Higginson, Mayor, and Members
of the City Council
City of poway
13325 Civic Center Drive
Poway, CA 92064
Re: poway Entertainment Center Project
Honorable Mayor Higginson and
Members of the Council:
We represent Citizens Against the poway Amphitheater
("CAPA"). As you are aware, our clients oppose the approval of
the application of Bill Silva Presents for the poway
^'~. Entertainment Center Project. We have reviewed the revised
Agenda Report of Mr. Bowersox and Mr. Eckis for your hearing of
July 18, 1995. We concur that, lacking a final environmental
impact report, the City Council cannot approve the project on
July 18, 1995.
While we understand that the Manager's recommendation is to
take the project off calendar, there is another option available
to the Council, that is, denial of the project. Our clients
believe that there are reasons, independent of environmental
impacts, to deny the project, namely, its inappropriateness as a
land use for the city of Poway.
While CAPA members undoubtedly will be present and request
to be heard on July 18, 1995, I will rely on the position of the
city Manager and the City Attorney and net attend the hearing
myself.
DRW: sc
cc: James L. Bowersox, city Manager
Stephen M. Eckis, City Attorney
John Monsees
Brian Mooney
Mon....,Councll,ltr JUL 1 8 1995
rTEM 4