Huntington Beach Planning Commission Meeting - July 23, 2024

The Huntington Beach Planning Commission held a regular meeting on July 23, 2024, at 6:00 PM in the Council Chambers. The commission addressed three major agenda items: an appeal of a zoning administrator's approval for a large single-family residence, a citywide zoning map amendment for utility parcels, and an appeal of a conditional use permit for a school district maintenance building. Public comment was extensive on all items. The commission denied the residence appeal, approved the zoning map amendment, and continued the school district item for further study.

Consent Calendar

• Approved the June 25, 2024, Planning Commission minutes as submitted.

Public Comments & Testimony

• Phan Residence Appeal (Item 24-481): 21 speakers opposed the project, citing concerns about the size (7,930 sq. ft.), massing, incompatibility with the neighborhood, potential flooding, and fears of future use as a group home. One speaker (the applicant's representative) supported the project, stating it meets all zoning requirements and would be a single-family residence with a covenant restricting non-residential use. Several residents noted that the lot is at a low point prone to flooding and that the proposed weight could impact the adjacent seawall.
• Zoning Map Amendment (Item 24-484): Multiple speakers from neighborhoods adjacent to Edison easements and railroad parcels expressed opposition, arguing that the change to Public Semi-Public (PS) zoning could allow future uses such as cemeteries, shelters, or storage, and that the city’s noticing was inadequate. Some speakers supported the amendment as a necessary housekeeping measure. Residents near the Monarch Nature Trail requested that it remain open space.
• HBCSD Maintenance Building Appeal (Item 24-485): A large number of speakers opposed the project, citing noise, truck traffic, property value impacts, and the lack of a proper CEQA analysis. Several noted that the school district had already moved dirt onto the site without permits. Supporters, including school board member Dr. Paul Morrow and district staff, argued that the facility is needed to house maintenance operations currently conducted outdoors, saving the district $45,000 per month in lease costs and allowing funds to be redirected to student programs.

Discussion Items

• Phan Residence Appeal: Staff presented the proposed 7,930 sq. ft., three-story home on an 8,943 sq. ft. lot at 3798 Mistral Drive. The project required a Conditional Use Permit (CUP) due to the third floor. The zoning administrator had approved the project with conditions, including a covenant prohibiting non-residential use. The appeal was filed by Mayor Pro Tem Burns. Commissioners questioned the project’s compatibility with the neighborhood (Land Use Policy 1D and 4D). Commissioner Kennedy expressed concern about the zoning administrator’s unilateral authority. Commissioner Wood noted the third floor triggered the CUP. After public comment, the commission voted 5-0 to deny the CUP and Coastal Development Permit, finding the project incompatible with the surrounding neighborhood.
• Zoning Map Amendment No. 24-003: Staff explained that 42 parcels with utility uses (mostly Southern California Edison substations and easements, a railroad, and drainage areas) were inconsistently zoned relative to their General Plan designations. The amendment would rezone them to Public Semi-Public (PS) to achieve consistency. Commissioner Twining made a substitute motion to remove four specific examples (6, 9, 12, and 14) due to community concerns, but the motion failed 2-3. The original motion to approve all 42 parcels passed 3-2. Staff noted that existing nursery uses under Edison lines can continue as non-conforming.
• HBCSD Maintenance Building Appeal: The school district proposed a 7,510 sq. ft. metal building on the Kettler Elementary site for maintenance operations. The Design Review Board had recommended moving the building 20 feet east and other conditions, but the zoning administrator modified some conditions. Commissioners criticized the zoning administrator’s override of DRB recommendations and questioned the CEQA exemption (Class 3, 15303). Commissioner Kennedy noted that the staff report incorrectly referenced Class 1 as well. The applicant’s CEQA consultant clarified that only Class 3 was used. After extensive discussion, Commissioner Wood moved to continue the item to a date uncertain, requiring the applicant to provide a noise study and evidence of soil testing for dirt brought onto the site. The motion passed unanimously.

Key Outcomes

• Phan Residence Appeal: Denied (5-0). The CUP and Coastal Development Permit were denied. The decision is appealable to the City Council within 10 calendar days.
• Zoning Map Amendment: Approved (3-2). The amendment will be forwarded to the City Council for final action.
• HBCSD Maintenance Building: Continued (unanimous). The item is continued to a date uncertain pending the applicant’s submission of a noise study and soil testing results.