Huntington Beach Planning Commission Meeting - October 22, 2019

The Huntington Beach Planning Commission met on Tuesday, October 22, 2019, at 6:00 PM in Council Chambers. The main agenda item was the Magnolia Tank Farm project (Item 19-845), a set of legislative land-use changes including an EIR, General Plan Amendment, Zoning Map and Text Amendments, Local Coastal Program Amendment, and Development Agreement. The Commission also considered a continuance for a separate coastal development permit. After lengthy public testimony and deliberation, the Commission voted 5-2 to recommend approval with modifications of the Magnolia Tank Farm applications to the City Council, with two members opposed due to contamination and land-use concerns.

Consent Calendar

• There were no consent calendar items on the agenda.

Public Comments & Testimony

• Item 19-1011 (3rd Street Commercial Building): No public speakers signed up. The applicant requested a continuance to the November 12, 2019 meeting. The Commission voted 7-0 to continue the public hearing to that date.
• Item 19-845 (Magnolia Tank Farm): Over 40 public speakers addressed the Commission. Positions included:
  • Opponents cited environmental contamination risks, proximity to the ASCON Superfund site, inadequate EIR analysis, traffic congestion, spot zoning, noise from pile driving, and negative impacts on neighborhood character and health. Key speakers: Dr. Jocelyn DeDiego, Jamie Marseille (cancer survivor), Tom Billlich, Nancy Bucos, Shammy Dingus, Tara Barton, Sharon Messick, Stephanie Hansen, Ryan Messick, Robin Brogdon, Carrie Swan, Milt Dartis, Amber, John Ely, Robin Sladeck, and Susan Baker. Several residents shared personal health concerns and urged denial, stating the project was a “flip” by the developer and that the EIR was not credible.
  • Supporters emphasized the economic benefits, new housing supply, visitor-serving coastal access, wetland preservation/interpretation, improvements to local parks and infrastructure, and the project’s role in transitioning the site from a blighted industrial property. Key speakers included John Hobson (Huntington Beach Chamber of Commerce), Alicia Berhound (Orange County Business Council), John Via (Huntington Beach Wetlands Conservancy), Dave Guido (Wetlands Conservancy board member), Ann McCarthy, Blake Garrett, Michelle Whedon, Deborah Shales, Bill Halligan, and others. Some noted that no development can occur until DTSC certifies the site is clean.
  • Unite Here Local 11 (Kate Speer) opposed the project as proposed, arguing the PEIR failed to adequately analyze alternatives, including a no-hotel/more-housing alternative, and that GHG and traffic impacts were not fully mitigated.

Discussion Items

• Staff Presentation: Community Development Director Ursula Luna Reynosa clarified that the site’s current zoning (Public/Public-Semipublic) is not open space but allows government, utility, and semi-public uses. She noted the requested changes are legislative land-use rules, not an actual development application. Senior Planner Ricky Ramos presented the project: 250 for-sale medium-density homes, a 230,000 sq. ft. lodge with up to 175 market-rate rooms and 40 guest-house rooms, plus retail/dining, on 29 acres. The project includes 2.8 acres of coastal conservation and 2.8 acres of parkland. Staff recommended modifications to the Specific Plan, including increased recreation area, parking/height standards, and no roof decks along Magnolia. The EIR identified significant unavoidable impacts for greenhouse gases, construction noise (pile driving), and traffic at off-site intersections.
• Commissioner Deliberation:
  • Commissioner Scandura reviewed the EIR’s adequacy, emphasised that DTSC and fire department approvals are prerequisites for any construction, and proposed adding third-party peer review of pile-driving mitigation.
  • Commissioner Kalmick argued the EIR was complete and informational, that mitigation measures would be enforced later, and that leaving the property as public/semi-public could allow uses like a convention center or cemetery.
  • Commissioner Ray opposed certification, citing the General Plan policy HAZ-5 that prohibits sensitive uses near hazardous waste sites, and the proximity to ASCON, which lacks a completed cleanup.
  • Chair Garcia expressed support for the project but could not vote in favor until site cleanup certainty was established.
  • Commissioner Mandic supported the project with concerns about parking for Marsh Park, elimination of Mello-Roos as a financing mechanism, and keeping development fees in the area.
  • Commissioner Grant supported the zoning change, noting it would provide cover against more undesirable industrial uses and would require DTSC sign-off before construction.

Key Outcomes

• Motion 1 (Main Item): The Commission voted 5-2 (Chair Garcia and Commissioner Ray dissenting) to recommend to the City Council:
  • Certification of EIR No. 17-001 as adequate and complete, with revised pile-driving mitigation language allowing outside peer review.
  • Approval of CEQA Findings of Fact with a Statement of Overriding Considerations.
  • Approval with modifications of GPA 17-001, ZMA 17-001, ZTA 17-005 (with staff revisions), LCPA 17-001, and Development Agreement 19-001.
• Motion 2 (Minority/Supplemental): The Commission voted 7-0 to recommend that the City Council keep development agreement fees and in-lieu fees spent within the area to the extent legally permitted.
• Representation: Commissioner Grant was designated to represent the Planning Commission’s majority recommendation at the upcoming City Council public hearing.
• Other Actions: The Commission continued the public hearing for the 3rd Street Commercial Building (CDP 19-001/CUP 19-001) to November 12, 2019, with the public hearing open.
• Future Item: The Commission requested a staff report on recently signed AB 68 and its potential impact on accessory dwelling units in Huntington Beach for a future study session.