Planning Commission Study Session on Zoning Text Amendment - February 13, 2024

The Huntington Beach Planning Commission held a study session on February 13, 2024, at 5:00 PM in the Civic Center Council Chambers. The primary agenda item was a presentation on Zoning Text Amendment No. 23-002, a citywide update to the Zoning and Subdivision Ordinance (ZSO) and the Beach Edinger Quarter Specific Plan. The meeting included public comments unrelated to the agenda item and a detailed staff presentation followed by commissioner discussion. No votes were taken as this was a study session.

Public Comments & Testimony

• Connie Boardman (former mayor and council member) spoke against campaign signs that used the Human Rights Campaign (HRC) logo without permission, alleging the signs were a "dog whistle" against the LGBTQ+ community. She identified Planning Commission Chair Twining, Vice Chair Kennedy, and another city council candidate as the sign sponsors, and noted a related hate crime incident. She urged the commission to remove the signs.
• Shirley Detloff (former mayor and planning commissioner) echoed concerns, stating that planning commissioners should be nonpartisan and that the signs contribute to community division. She questioned whether the HRC logo was used without permission.

Discussion Items

Staff (led by Joanna Cortez) presented proposed amendments to eight chapters of the ZSO, including:

• Definitions (Ch. 203): Deleting redundant or outdated definitions, consolidating antenna definitions, and clarifying terms like "attached structures" and "landscaping."
• Residential Districts (Ch. 210): Adding neighborhood notification references, codifying building separation rules for patio covers, and removing the seldom-used "courts" provision.
• Site Standards (Ch. 230): Clarifying patio cover setbacks, home occupation permits (prohibiting commercial use of residences), building projections into yards, and significantly updating fence/wall regulations. Proposed changes include:
  • Removing the three-foot setback for fences/walls in the RMHA zone for front yards.
  • Increasing maximum fence/wall height from 6 to 8 feet in side/rear yards by-right (no conditional use permit needed).
  • Allowing open lattice extensions up to 2 feet above 6-foot walls without a permit.
  • Deleting the garden wall provision and clarifying retaining wall height limits.
• Parking (Ch. 231): Adding provisions for space-efficient parking (mechanical stackers/lifts) for single-family residences (surplus parking only) and commercial uses (up to 40% of required parking with a conditional use permit).
• Waiver of Development Standards (Ch. 241): Clarifying that such waivers require an administrative permit/neighborhood notification; changing notification from 10 working days to 10 calendar days.
• Beach Edinger Quarter Specific Plan (Sec. 2.5): Updating street improvement standards to address conflicts with Caltrans (state highway) right-of-way requirements. The intent is to avoid situations like the Subaru dealership development, which was delayed over a year because Caltrans stopped accepting additional right-of-way dedications. The amendment would clarify allowable tree species, eliminate the in-lieu fee process, and allow alternative design for irregular sidewalk widths.

Commissioner questions focused on:

• Vice Chair Kennedy sought context on the Beach Boulevard changes, why only one specific plan was addressed, and how the changes relate to Caltrans policy. He expressed concern about transparency and suggested breaking out the Beach Boulevard-related items for separate discussion at the public hearing.
• Commissioner Pellman asked for clarification on home occupation permits, landscaping definitions (including artificial turf), antenna regulations (including 5G concerns), patio cover height limits, and whether the changes would create nonconforming uses. Staff responded that the amendment only adds allowances, not restrictions.
• Commissioner Adam noted that the Caltrans conflict creates a practical problem and supported clarifying the code to avoid putting developers in limbo. Public Works staff confirmed that other projects (e.g., Jamboree housing, GNM Oil) are already in the queue and need this resolution.

Chair Twining proposed that interested commissioners meet with staff for additional briefings before the next meeting, but Vice Chair Kennedy argued that discussion should remain public for transparency. Staff confirmed that a full public hearing with the same presentation will occur on February 27, 2024.

Key Outcomes

• No action taken during the study session.
• The next meeting on February 27, 2024, at 6:00 PM will include a public hearing on Zoning Text Amendment No. 23-002, including the Beach Edinger specific plan changes. Commissioners may choose to vote on the entire package or separate items.
• Staff will provide a full staff report and presentation at the February 27 meeting, including required findings and analysis.
• Chair Twining agreed to speak further with Vice Chair Kennedy to ensure understanding of the issues.
• No decision was made on breaking out items; that will be determined at the public hearing.