Planning Commission Meeting – May 24, 2022

The Huntington Beach Planning Commission met on May 24, 2022, at 6:00 PM in Council Chambers. The agenda included two major public hearing items: the Holly Triangle Townhomes project (a mixed-use redevelopment with 35 attached townhomes, including affordable units) and a permanent zoning text amendment for SB9 development projects (establishing objective standards for duplexes and urban lot splits citywide). Both items were approved after extensive discussion, with modifications to conditions and clarifying language. The meeting opened with a moment of reflection following a tragic school shooting in Texas.

Consent Calendar

• None.

Public Comments & Testimony

• Holly Triangle Townhomes: Ed Mountford, representing applicant Banani Development, spoke in favor. He explained the rationale for the zone change from commercial to residential, citing the property's small size (1.80 net acres), triangular shape, limited access, and lack of commercial viability. He noted that the developer is a local Huntington Beach company with over 30 years in business.
• SB9 Zoning Text Amendment: No public speakers.

Discussion Items

Holly Triangle Townhomes (GPA 20-003, ZTA 20-003, TTM 19118, CUP 20-025, EA 20-003)

• Staff Presentation: Alyssa Helper presented the project: 35 three-story townhomes (up to 40 feet tall) on a vacant site at 19070 Holly Lane. The project includes 5 affordable units (15%) for moderate-income households (annual income ~$128,000 for a family of four). A 10% density bonus (3 additional units) is requested under state law. No incentives or concessions are sought, but two waivers are requested: a 10-foot front yard setback along Holly Lane and reduced building separations (15–16 feet vs. 20 feet). The project provides 82 parking spaces, exceeding the state-required 53. The environmental addendum to the 1990 Holly-Seacliff Specific Plan EIR was deemed adequate. The site contains an active oil pipeline and four oil wells (two requiring reabandonment per current CalGEM standards).
• Commissioner Questions and Deliberation:
  • Commissioner Ray asked about access—only Holly Lane for residents, with a gated emergency access on Main Street. No left-turn lane from Main Street was discussed.
  • Commissioner Rodriguez inquired about oil well abandonment: two wells need reabandonment to current standards; one well (CWC 51) was previously abandoned but leaks methane. Reabandonment involves downhole plugs and cement casings to mitigate future leakage.
  • Commissioner Mandic asked about roof decks (3.5-foot railings) and building height.
  • Chair Perkins questioned pipeline management—regulated by CalFIRE's Division of Pipeline Safety and operator Crimson. Decommissioning would follow regulatory oversight. The project leaves a drive aisle over the pipeline for access.
  • Commissioner Scandura raised a critical issue: the active pipeline was not disclosed in the original environmental assessment or EIR addendum, prompting a continuance from May 10. He proposed three additional conditions: (1) all remediation work performed by a city-approved qualified contractor, with direct communication between city/regulators and the contractor; (2) if DTSC cannot oversee (due to petroleum exclusion), the applicant must seek oversight from the Santa Ana Regional Water Quality Control Board or Orange County Health Care Agency; (3) project plans must be updated to show the active pipeline location. Staff recommended incorporating these as modifications to existing mitigation measure Human Health and Safety #4.
• Commissioner Positions: Most commissioners expressed support for the project, noting it is appropriate infill development consistent with surrounding residential uses. The pipeline issue was seen as manageable with proper conditions. The motion included approval of the environmental addendum, GPA, ZTA, TTM, and CUP with the modified conditions.

SB9 Zoning Text Amendment (ZTA 22-002)

• Staff Presentation: Jennifer Villaseñor presented the permanent ordinance (Chapter 237) to establish objective development standards for SB9 projects (two-unit developments and urban lot splits in single-family residential zones). The ordinance largely mirrors the interim urgency ordinance adopted March 1 and extended April 5. Key standards: maximum unit size 800 sq. ft. (or 1,600 sq. ft. on larger lots), 16-foot height limit, one parking space per unit (in garage or carport), four-foot side/rear setbacks, same architecture as existing dwelling, solar panels required, short-term rentals prohibited, and owner-occupancy affidavit required for three years. The ordinance limits potential units to a maximum of four per original lot (vs. eight under state defaults). The process is ministerial (planning director approval).
• Commissioner Questions and Deliberation:
  • Commissioner Ray asked about definitions of high-quality transit corridor and major transit stop; staff referenced Public Resources Code sections. He also queried why historic districts are not explicitly excluded (staff noted eligibility criteria are in the application, not the ordinance, to avoid future amendments).
  • Commissioner Adam asked about the 60/40 lot split requirement (state law) and solar panel requirements (building code).
  • Commissioner Rodriguez asked about noticing: no public hearing required under SB9, except in coastal zone.
  • Commissioner Scandura raised several points: (1) HOA approval requirement—staff explained SB9 does not preempt HOA restrictions, so the city requires proof of HOA approval. (2) Height waivers if standards preclude two 800-sq.ft. units—ordinance allows exceptions. (3) Definition of “acting in concert” for adjacent lot splits—staff and city attorney recommended leaving it as state law language until case law develops. (4) He proposed adding definitions for “high quality transit corridor” and “major transit stop” by referencing the Public Resources Code, to avoid ambiguity; staff agreed. (5) He questioned language about denial for adverse water/sewer/traffic/public safety impacts; city attorney clarified it preserves the city's ability to deny if a specific adverse impact cannot be mitigated, but the door is open for an administrative permit if feasible.
  • Commissioner Mandic expressed concern about impacts on neighborhood character, but acknowledged the state law limits city discretion. She noted the ordinance is a conservative approach.
  • Vice Chair Acosta-Galvan supported the ordinance, noting the housing crisis and the need for gentle density; she also asked about affordable rental rate incentives—staff confirmed that if one affordable unit is provided, the entire project benefits.
• Commissioner Positions: All commissioners ultimately supported the ordinance, with some noting it is required by state law. Commissioner Ray stated he will vote for it only to comply with state law. The motion included the addition of definitions for transit terms.

Key Outcomes

• Holly Triangle Townhomes: The Planning Commission voted unanimously (7-0) to:

  • Approve Environmental Assessment No. 20-003 (Addendum No. 1) as adequate and complete under CEQA, and forward to City Council for adoption.
  • Recommend approval of General Plan Amendment No. 20-003 and Zoning Text Amendment No. 20-003 to the City Council.
  • Approve Tentative Tract Map No. 19118 and Conditional Use Permit No. 20-025 with findings and modified conditions of approval (including Commissioner Scandura's three pipeline-related conditions, incorporated into mitigation measures).
  • The decision on the TTM and CUP is appealable to the City Council within 10 calendar days.

• SB9 Zoning Text Amendment (ZTA 22-002): The Planning Commission voted unanimously (7-0) to:

  • Find the amendment exempt from CEQA per Government Code Sections 65852.21(j) and 66411.7(n).
  • Recommend approval to the City Council with one modification: adding definitions for “high quality transit corridor” and “major transit stop” by referencing the specific Public Resources Code sections.
  • The ordinance will be forwarded to the City Council for consideration.

• Other Business: Commissioner Scandura reported on the May 18 Historic Resources Board meeting (approval of strategic plan, ongoing issues with demolition reports). The commission also acknowledged the passing of former Planning Commissioner Phil Ingley on May 4, 2022, and expressed condolences for the school shooting in Uvalde, Texas earlier that day.

• Next Meeting: The next regular Planning Commission meeting is scheduled for June 14, 2022, at 6:00 PM. The June 7 City Council meeting will include the Olson Townhomes and 7-Eleven appeal.