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Record of Proceedings

Huntington Beach Planning Commission Meeting – May 26, 2020

Planning Commission — Tuesday, May 26, 2020
BodyHuntington Beach, California
SessionPlanning Commission
DateTuesday, May 26, 2020
StatusFILED
Video Record
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Transcript — Verbatim
0:29

I would like to call the Planning Commission study session meeting to order.

0:33

May I have roll call.

0:37

Commissioner Scandura.

0:40

Commissioner Perkins.

0:43

Here.

0:44

Chair Grant.

0:45

Here.

0:46

Commissioner Kalmick.

0:48

Here.

0:49

Commissioner Mandick.

0:50

Here.

0:51

Commissioner Garcia.

0:54

Here.

0:54

Vice Chair Ray.

0:56

Here.

0:57

All present.

0:58

We have a quorum.

1:00

Very good.

1:01

May I get a motion for agenda approval?

1:06

So move.

1:07

I'll second that.

1:10

So we have a motion by Mandic and a second by Ray.

1:14

Is that do I read correctly?

1:17

Yes.

1:18

Okay.

1:20

All in approval.

1:21

Please raise your hands.

1:25

Seven eyes.

1:26

Motion carries.

1:29

Okay.

1:30

Do we have any public comments?

1:33

We do not have any public comments.

1:35

Okay.

1:38

All right.

1:38

Moving along, we have uh project uh review.

1:42

Uh zoning text amendment number 19-005.

1:47

Group homes.

1:48

Do we have a presentation?

1:52

Yes.

1:52

Hayden Beckman, senior planner will be giving the PowerPoint presentation.

2:01

Give me one second to Great.

2:12

Thank you, Jane.

2:13

Good afternoon, Chair and fellow commissioners.

2:16

Um this afternoon we're presenting for study session zoning text amendment 1905.

2:20

Next slide, please.

2:24

To introduce the topic, I'd like to discuss just a little bit of background for this particular item.

2:29

At the September 16th, 2019 City Council meeting, uh, the council directed staff to return with an ordinance that regulate group homes and sober living homes.

2:37

Uh the intent of the ordinance is to balance the need to provide reasonable accommodation for the disabled in order to reside in normalized residential environments with the interests of the city and its residents to preserve the character of residential neighborhoods.

2:50

Next slide, please.

2:51

Thank you.

2:52

Further background uh for state and federal laws, uh, the city is required to make zoning laws uh that provide the disabled an opportunity to use and enjoy a residential dwelling.

3:02

To summarize some of these, the Federal Fair Housing Act and California Fair Employment Housing Act prohibit cities from enforcing zoning laws that discriminate against the disabled in regards to housing opportunities.

3:13

Further, the Americans with Disabilities Act classifies those persons in recovery from alcoholism or abuse of illegal drugs as disabled.

3:21

And additionally, the California Government Code, Welfare and Institutions Code, and Lantern Act state that the disabled have the right to obtain services and support they need in order to live like those without disabilities.

3:33

Next slide, please.

3:35

Together, applicable laws afford the disabled people uh disabled person an equal opportunity to use and enjoy residential dwelling.

3:42

The intent is to free disabled persons from institutional style living.

3:46

Therefore, cities must treat certain state licensed residential care facilities as a single family use.

3:52

I'm sorry, can we go back one slide, please?

3:56

These residential care facilities provide care services and or treatment to six or fewer disabled tenants, and the city currently complies with these requirements.

Discussion Breakdown — Share of Meeting
Planning and Zoning█████████████████████████████████████████████74%
Public Safety███████12%
Procedural█████9%
Homelessness█2%
Public Engagement█2%
Public Comments█1%
Summary of Proceedings

Huntington Beach Planning Commission Meeting – May 26, 2020

The Huntington Beach Planning Commission held a study session at 4:30 PM followed by a regular meeting at 6:00 PM on May 26, 2020. The study session focused on a proposed zoning text amendment to regulate group homes and sober living homes citywide. The regular meeting included public hearings on two alcohol-related permits: an expansion of the Beach Hut Deli patio and a conditional use permit for alcohol service at the former Slater's 5050 (Mazaia Restaurant). Both items were approved unanimously. The consent calendar approving meeting minutes from December 10, 2019, also passed.

Consent Calendar

  • Minutes: Approved the Planning Commission minutes from December 10, 2019, by a 7-0 vote.

Public Comments & Testimony

  • Study Session (Group Homes): No public comments were received.
  • Regular Meeting: No public comments were received for either public hearing item or other agenda items.

Discussion Items

  • Zoning Text Amendment No. 19-005 (Group Homes) – Study Session:

    • Senior Planner Hayden Beckman presented the proposed ordinance, modeled on Costa Mesa's regulations, to define and regulate group homes, sober living homes, residential care facilities, and referral facilities.
    • Key provisions included: a 1,000-foot separation distance between group homes/sober living homes, ministerial special use permits for six-or-fewer residents (appealable by the applicant only), and conditional use permits plus operator permits for seven-or-more residents. Referral facilities would require a 500-foot buffer from RL zones, schools, parks, places of worship, and licensed daycare.
    • Commissioners raised questions about definitional clarity, the 1,000-foot distance rationale, cross-jurisdictional issues, appeals, revocation procedures, and the enforceability of requiring operators to find alternate housing for evicted residents. Staff noted the ordinance is nearly identical to Costa Mesa's and that a GIS analysis of referral facility location feasibility had not been conducted.
    • The public hearing for this item is scheduled for the June 9, 2020 Planning Commission meeting.

  • Entitlement Plan Amendment No. 20-021 (Beach Hut Deli Patio Expansion):

    • Staff recommended approval to expand the existing 447 sq. ft. outdoor dining area by an additional 447 sq. ft. (total 894 sq. ft.) and allow beer/wine service in the expanded area. The restaurant hours are Sunday–Thursday 10 AM–10 PM, Friday–Saturday 10 AM–midnight; staff recommended outdoor alcohol service until 10 PM.
    • Police Captain Tim Martin reported only one noise-related call in the past and noted the expansion would reduce transient camping in the area.
    • Applicant Catherine Baker and property manager Jake Raymond spoke in support. Commissioner Mandic suggested aligning the patio opening time with the restaurant's interior (7 AM) for consistency; the applicant agreed.
    • Commissioner Kalmick moved to approve with modified hours (7 AM–10 PM daily for outdoor dining). Motion seconded and passed 7-0.

  • Conditional Use Permit No. 19-035 (Mazaia Restaurant Alcohol Service):

    • Staff recommended approval to allow on-site sales/service/consumption of alcohol (Type 47 license) within an existing 6,564 sq. ft. restaurant and a 2,028 sq. ft. outdoor dining area. Proposed operating hours were until midnight on Friday/Saturday; staff conditioned outdoor dining to close at 10 PM daily.
    • Police reported 143 calls over five years at the site (mostly related to the previous Slater's 5050 tenant), including three for loud music and five trespassing calls. The new operator is not requesting entertainment or dancing.
    • Commissioner Scandura noted the site has become an attractive nuisance for transients since closure. Applicant John Han was present and answered questions.
    • Motion by Commissioner Scandura to approve with staff conditions was seconded and passed 7-0.

  • Planning Items Update:

    • Planning Manager Jane James reported that staff, including planning, fire, public works, and police, are developing a plan for the June 1 City Council meeting to allow businesses to expand into public/private right-of-way during the COVID-19 emergency. The Planning Commission will not be directly involved in that process.

Key Outcomes

  • Beach Hut Deli Patio Expansion (20-021): Approved 7-0 with amended hours (outdoor dining 7 AM–10 PM daily). Appealable to City Council within 10 calendar days.
  • Mazaia Restaurant Alcohol Service (19-035): Approved 7-0 with conditions including outdoor dining closure by 10 PM, no live entertainment or dancing, and mandatory responsible beverage service training. Appealable to City Council within 10 days.
  • Group Homes Ordinance (19-005): Study session concluded; the ordinance will return for a public hearing on June 9, 2020. Staff will consider commissioner input on definitions, distance requirements, and cross-jurisdictional issues before the final draft.
  • Next Meetings: City Council – June 1, 2020; Planning Commission – June 9, 2020 (study session on group homes, plus public hearings on two alley-access CUPs).

Meeting Transcript

I would like to call the Planning Commission study session meeting to order. May I have roll call. Commissioner Scandura. Commissioner Perkins. Here. Chair Grant. Here. Commissioner Kalmick. Here. Commissioner Mandick. Here. Commissioner Garcia. Here. Vice Chair Ray. Here. All present. We have a quorum. Very good. May I get a motion for agenda approval? So move. I'll second that. So we have a motion by Mandic and a second by Ray. Is that do I read correctly? Yes. Okay. All in approval. Please raise your hands. Seven eyes. Motion carries. Okay. Do we have any public comments? We do not have any public comments. Okay. All right. Moving along, we have uh project uh review. Uh zoning text amendment number 19-005. Group homes. Do we have a presentation? Yes. Hayden Beckman, senior planner will be giving the PowerPoint presentation. Give me one second to Great. Thank you, Jane. Good afternoon, Chair and fellow commissioners. Um this afternoon we're presenting for study session zoning text amendment 1905. Next slide, please. To introduce the topic, I'd like to discuss just a little bit of background for this particular item. At the September 16th, 2019 City Council meeting, uh, the council directed staff to return with an ordinance that regulate group homes and sober living homes. Uh the intent of the ordinance is to balance the need to provide reasonable accommodation for the disabled in order to reside in normalized residential environments with the interests of the city and its residents to preserve the character of residential neighborhoods. Next slide, please. Thank you.

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