Huntington Beach Planning Commission Meeting – May 28, 2024

The Huntington Beach Planning Commission met on Tuesday, May 28, 2024, at 6:00 PM in the Council Chambers, Civic Center, 2000 Main Street. The meeting included two zoning map amendment public hearings, a consent calendar, and public comments. Key legal questions arose regarding the applicability of state consistency requirements to charter cities, leading to a continuance of one item.

Consent Calendar

• Minutes of March 26, 2024 – Approved unanimously (6-0, Commissioner Rodriguez absent).
• Minutes of April 23, 2024 – Approved (5-0, Commissioner Pellman abstained, Commissioner Rodriguez absent).

Public Comments & Testimony

• Anthony Acevedo (Westminster/Huntington Beach resident) expressed concern about the stagnant Boeing/McDonnell Douglas property at Rancho and Bolsa Chica Road, noting graffiti, coyote activity, and lack of response from city staff.
• James DeMarco opposed the utility sites amendment, arguing it was not a simple housekeeping item and that the change to public semi-public could allow undesirable uses (e.g., bus yard, homeless shelter). He urged the commission to delay the vote until a legal opinion is obtained.
• Richard Reeb (homeowner adjacent to parcel 6) detailed past abuses by Southern California Edison (SCE) on the property, including paving, industrial storage, bright lights, noise, and dust, which took nearly two years to resolve. He argued that the residential agriculture designation protected the neighborhood and that removing it without safeguards would cause irreparable harm.
• Lori Rebd (neighbor) stated that the project description minimized the change as “housekeeping” and that noticing letters were misleading. She questioned why the zoning should align with the general plan instead of amending the general plan to reflect existing uses. She requested protections for the property.
• April Packwin (neighbor) described disruptions from SCE’s activities, including security cameras, generators, bright lights, and frequent sirens triggered by coyotes. She asked for specific restrictions on future uses.
• Dee Brundage (homeowner since 1970 near the property) expressed fear about property value impacts and supported her neighbors.
• Clark Stevens (Rhone Lane) expressed distrust due to ongoing issues with Orange County Sanitation and railroad easements, and asked if the amendment included that easement.
• Kathy Stevens (Rhone Lane) opposed the change, citing loss of land access, potential homeless encampments, and increased traffic.
• Tanya Park (supporter of example 14) suggested the railroad parcel could become a park with bike paths.
• Renee Dotti (attorney, Rhone Lane) criticized the city attorney for not knowing the law, argued that the railroad easement is only an access easement, and claimed the rezoning would reduce her property value by $250,000. She called the process gross negligence.
• Karen Stewart (Sol Vista neighborhood) thanked Commissioner Kennedy for questioning the legal mandate and noted that title companies should disclose easements. She supported the call for more specific notices.
• John Garlington (neighbor) echoed concerns about safety, potential uses (e.g., halfway houses), and questioned why the general plan should not be conformed to existing zoning. He appreciated the chair’s decision to delay the vote.

Discussion Items

Zoning Map Amendment No. 24-003 (Utility Sites – 42 parcels)

• Staff Presentation (Madeline Wilch): The amendment would change zoning designations on 42 parcels (primarily utility sites) to public semi-public (PS) to match the General Plan, as required by Government Code Section 65860. 7,388 notices were sent; 49 inquiries were received. Staff recommended approval.
• Commissioner Kennedy questioned whether the state mandate applies to Huntington Beach as a charter city with under 2 million population, citing a source (opr.ca.gov) that suggested charter cities under 2 million are not subject to Section 65860. He requested a formal legal opinion.
• Deputy City Attorney Hyland initially stated that subsection D of Section 65860 applies to charter cities, but later confirmed that the 2 million population language was removed in 2018, making the requirement applicable to all charter cities regardless of population.
• Commissioner Kennedy expressed concern that if the mandate is not mandatory, previous votes relying on it might need reconsideration. He also noted that the residential agriculture (RA) zoning protects property values and that the change to PS could allow uses that are detrimental to neighbors.
• Commissioner Wood asked about the history of the General Plan designation (public since at least 1996).
• Commissioner Acosta-Galvan asked about SCE’s lease of nurseries and noted that the General Plan supersedes zoning.
• Chair Twining moved to continue the item to a date uncertain, pending legal review. The motion passed 5-1 (Commissioner Acosta-Galvan voted no, Commissioner Rodriguez absent).

Zoning Map Amendment No. 24-004 (Commercial Sites – 5 parcels)

• Staff Presentation: The amendment would change zoning from commercial office (CO) to general commercial (GC) to align with the General Plan designation. 1,483 notices were sent; no opt-out requests were received.
• Commissioner Adams asked about the process for a developer seeking to build under the General Plan but not the zoning. Staff clarified that it would require a discretionary zoning map amendment, with public hearings and costs.
• Commissioner Kennedy clarified that discrepancies between zoning and General Plan can provide more protection for residents, as a developer would need to go through a cumbersome process.
• Public Comment: One speaker (James DeMarco) urged postponing this item as well until a legal opinion is obtained, but the commission proceeded.
• Chair Twining made a motion to approve the amendment. The motion passed 5-1 (Commissioner Kennedy voted no, Commissioner Rodriguez absent).

Key Outcomes

• ZMA 24-003 (Utility Sites) – Continued to a date uncertain (5-1 vote) to allow the City Attorney to provide a formal legal opinion on the applicability of Government Code Section 65860 to charter cities.
• ZMA 24-004 (Commercial Sites) – Approved (5-1 vote) to rezone five parcels to general commercial.
• Consent Calendar – Minutes for March 26 and April 23, 2024, were approved.
• Public Comment – The commission heard from several residents regarding the utility sites item; the Boeing property issue was noted but not agendized.
• Next Meeting – Scheduled for Tuesday, June 11, 2024, at 6:00 PM.