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Record of Proceedings

Planning Commission Meeting – March 9, 2021: Zoning Text Amendment for Alcohol Sales in Beach and Edinger Corridors

Planning Commission — Tuesday, March 9, 2021

BodyHuntington Beach, California

SessionPlanning Commission

DateTuesday, March 9, 2021

StatusFILED

Video Record

0:00 / 30:45

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0:30

Early in the evening.

0:32

Just pops up town.

0:35

We'll look by the courthouse.

0:37

It's not in two on one.

0:39

Walking zone the corner.

0:42

Trying to bring you home.

0:48

Down on the corner.

0:50

Out of you in the street.

1:08

Out in California.

1:10

Like to call the Planning Commission meeting to order.

1:14

Welcome to the March 9th, 2021 Huntington Beach Planning Commission meeting.

1:20

On March 4th, 2020, Governor Newsom proclaimed a state of emergency in California as a result of the threat of COVID-19.

1:29

On March 17th, 2020, Governor Newsom issued executive order N2920, which allows the local legislative body to hold public meetings via teleconferencing, and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeking to observe and to address the local legislative body.

1:52

Pursuant to the executive order, please be advised that some members of the planning commission and city staff are participating in this meeting telephonically or electronically.

2:03

While the city cannot provide an in-person location for the meeting at this time, property owners, residents, and any uh interested parties can view the meeting live on HBTV Channel 3 or via live stream on the city's website.

2:19

Interested parties also had the opportunity to submit comments on any items prior to the meeting.

2:25

Staff will identify any public comments received at the appropriate time on the agenda.

2:30

While the planning commission welcomes public involvement in free speech, it rejects comments from anyone that are discriminatory, defamatory, or otherwise not protected speech.

2:42

Those comments will not inform nor be considered by the planning commission and may be cause for the chair to interrupt the speaker.

2:49

Such comments will not be consented to or otherwise adopted by the planning commission in its discussions and findings for any matter tonight.

2:58

Thank you.

3:33

May we have roll call, please.

3:36

Commissioner Rodriguez.

3:40

Here.

3:41

Commissioner Acosta Galvang.

3:45

Here.

3:48

Chair Ray.

3:50

Here.

3:50

Commissioner Mandick.

3:53

Here.

3:54

Commissioner Scandura.

3:56

Here.

3:57

Commissioner Vandermark.

4:00

Here.

4:01

All present.

4:01

We have a quorum.

4:02

Thank you.

4:04

Are there any changes to the agenda?

4:08

From any of the commissioners.

4:11

Okay, then the agenda is adopted.

4:15

Now is the time for public comments for items that are not on the agenda this evening.

4:20

Do we have any public comments?

4:22

No, we do not.

4:23

Okay.

4:24

Next on the agenda is public hearing item number 21-165.

4:30

Zoning text amendment number 21-001.

4:34

Beach and ending your corridor specific plan alcohol.

4:39

Staff, may we have a staff report uh presentation, please.

4:44

Yes, I'd like to ask Ricky Ramos, senior planner to give the staff report.

5:08

Thank you, Jane.

5:10

Zoning Text Amendment 21-1 is a request to amend the beach and enter corridor specific plan to change the reviewing body from the planning commission to the zoning administrator for conditional use permit applications for alcohol sales and service and to clarify exemptions from CEP requirements.

5:32

On December 21st, the City Council directed staff to process this zoning text amendment.

5:39

Currently, in the specific plan, a restaurants with alcohol and alcohol retailers, such as BEBMO or Total Wine, require a CEP to the planning commission.

5:50

With this text amendment, that CEP will now go to the zoning administrator.

5:59

To implement the council's direction, we're recommending a few uh relatively minor changes to the specific plan.

6:06

First is under section 2.2, which is the building use regulations section.

6:11

There's currently a legend in that section, and what we're recommending is adding a third line to that legend to identify a CEP requirement to the zoning administrator.

6:21

And as you can see on the slide, the proposed text is shown in bold and underlined.

6:28

The next change is to basically start using that legend on uh section 2.2.1, which includes the use types.

6:41

Under 1D, which pertains to eating and drinking establishments, which is basically a restaurant.

Discussion Breakdown — Share of Meeting

Planning and Zoning█████████████████████████████████████████████63%

Procedural██████████████20%

Public Safety██████9%

Historic Preservation████5%

Public Engagement██3%

Summary of Proceedings

Planning Commission Meeting – March 9, 2021: Zoning Text Amendment for Alcohol Sales in Beach and Edinger Corridors

The Huntington Beach Planning Commission met virtually on March 9, 2021, at 6:00 PM. The sole public hearing item was a zoning text amendment (ZTA No. 21-001) to the Beach and Edinger Corridors Specific Plan (BECSP), which would change the reviewing body for conditional use permits (CUPs) for alcohol sales and service from the Planning Commission to the Zoning Administrator, and clarify exemptions from CUP requirements. The commission voted unanimously to recommend approval to the City Council.

Public Comments & Testimony

No public comments were received, either in person or in writing.

Discussion Items

Zoning Text Amendment No. 21-001 (Beach and Edinger Corridors Specific Plan Alcohol): Senior Planner Ricky Ramos presented the staff report. The amendment was directed by City Council on December 21, 2020. It proposes minor changes to Section 2.2 of the BECSP to add a legend for a CUP to the Zoning Administrator, and to update use tables for eating/drinking establishments and general retail. The amendment also incorporates three existing exemptions from the zoning code: (A) retail uses with no more than 10% of floor area devoted to alcohol sales and not combined with fuel sales; (B) restaurants, bars, and liquor stores located 200 feet or more from sensitive uses (residential, schools, churches, etc.); and (C) florist shops offering alcohol via flower arrangements. The change is intended to reduce processing time for alcohol CUPs from 4–6 months (Planning Commission) to 3–4 months (Zoning Administrator). Police department representatives (Adina Walton and Lieutenant Oscar Garcia) were available for questions. Commissioners asked about notification distance (500 feet for both bodies), potential impacts on surrounding areas, and consistency with other specific plans. Staff noted that downtown Huntington Beach has a two-tier system where CUPs for alcohol exceeding certain hours still go to the Planning Commission, and that the Bellaterra specific plan has no CUP requirement for alcohol. Commissioner Scandura, who served on the commission when the BECSP was adopted in 2010, expressed support for the delegation, noting that anticipated intensification of alcohol uses had not materialized and that the change would streamline approvals. He urged the Zoning Administrator to ensure police conditions are incorporated and site visits are conducted. The motion to approve included both the finding that the ZTA is within the scope of the BECSP Program EIR (No. 08-008) and the recommendation of approval with findings.
Future Planning Items: Staff reported that the Planning Commission had participated in a joint study session with City Council on March 1 regarding the Housing Element, and that a public workshop may be scheduled in April. The next Planning Commission meeting on March 23 had no items scheduled. Commissioner Scandura provided a liaison report from the Historic Resources Board meeting of February 17, noting that the board wished to review properties identified for potential housing under the Regional Housing Needs Allocation (RHNA). He also reported on a community meeting for the Gissler Elementary School redevelopment project (85 homes proposed), which is expected to come before the commission in October. He requested that the commission have a study session for that project two weeks before the public hearing, and that the Housing Element and Gissler public hearings not be scheduled on the same night.

Key Outcomes

Zoning Text Amendment No. 21-001: The Planning Commission voted 7-0 to recommend approval to the City Council, including the finding that the amendment is within the scope of the certified Program EIR. The motion was made by Commissioner Mandic and seconded by Commissioner Scandura.
Future Scheduling: Staff noted that the next regular meeting is March 23, 2021, with no items currently scheduled. Commissioner Scandura’s requests for a study session on the Gissler project and separation of major public hearings were noted for staff consideration.

Meeting Transcript

Early in the evening. Just pops up town. We'll look by the courthouse. It's not in two on one. Walking zone the corner. Trying to bring you home. Down on the corner. Out of you in the street. Out in California. Like to call the Planning Commission meeting to order. Welcome to the March 9th, 2021 Huntington Beach Planning Commission meeting. On March 4th, 2020, Governor Newsom proclaimed a state of emergency in California as a result of the threat of COVID-19. On March 17th, 2020, Governor Newsom issued executive order N2920, which allows the local legislative body to hold public meetings via teleconferencing, and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeking to observe and to address the local legislative body. Pursuant to the executive order, please be advised that some members of the planning commission and city staff are participating in this meeting telephonically or electronically. While the city cannot provide an in-person location for the meeting at this time, property owners, residents, and any uh interested parties can view the meeting live on HBTV Channel 3 or via live stream on the city's website. Interested parties also had the opportunity to submit comments on any items prior to the meeting. Staff will identify any public comments received at the appropriate time on the agenda. While the planning commission welcomes public involvement in free speech, it rejects comments from anyone that are discriminatory, defamatory, or otherwise not protected speech. Those comments will not inform nor be considered by the planning commission and may be cause for the chair to interrupt the speaker. Such comments will not be consented to or otherwise adopted by the planning commission in its discussions and findings for any matter tonight. Thank you. May we have roll call, please. Commissioner Rodriguez. Here. Commissioner Acosta Galvang. Here. Chair Ray. Here. Commissioner Mandick. Here. Commissioner Scandura. Here. Commissioner Vandermark. Here. All present. We have a quorum. Thank you. Are there any changes to the agenda? From any of the commissioners. Okay, then the agenda is adopted. Now is the time for public comments for items that are not on the agenda this evening. Do we have any public comments? No, we do not. Okay. Next on the agenda is public hearing item number 21-165. Zoning text amendment number 21-001. Beach and ending your corridor specific plan alcohol. Staff, may we have a staff report uh presentation, please. Yes, I'd like to ask Ricky Ramos, senior planner to give the staff report. Thank you, Jane.

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