Huntington Beach Planning Commission Meeting - June 28, 2022

The Planning Commission met on June 28, 2022, at 6:00 PM in the Civic Center Council Chambers. The meeting began with a dedication to former Councilmember Peter Green by Commissioner Mandic, followed by the Pledge of Allegiance, roll call (Commissioner Adam absent), and public comments (none). The Commission considered two public hearing items: a Zoning Text Amendment to update the floodplain ordinance to comply with FEMA requirements, and a Conditional Use Permit and Variance for a diesel auto repair facility on a substandard lot. A staff report on recent City Council actions was also presented.

Consent Calendar

• No items were on the consent calendar.

Public Comments & Testimony

• No public comments were made on non-agenda items.
• For agenda item 22-491 (Flood Ordinance Revisions), no public speakers appeared; the public hearing was closed without testimony.
• For agenda item 22-497 (CUP 22-006/VAR 22-002), four speakers addressed the Commission:
  • Dave C (applicant representative) spoke in support, requested modification of Condition 1E regarding roll-up doors, and noted the business would be a small family operation.
  • Frank Gadler (commercial real estate broker, nearby property owner) expressed support, citing favorable architecture trends and the benefit of developing a long-vacant lot.
  • Danny Cahali (lot owner of 20 years) supported the project, stating the site collects weeds and graffiti and that there is high community demand for diesel repair services.
  • Kelly Moses (owner of adjacent towing business) opposed the project, raising concerns that larger diesel vehicles would not fit in the proposed 9- and 9.5-foot-wide parking spaces, that vehicles awaiting repair could be stored on neighboring lots or streets, and that the location is near a high school; she urged upholding minimum code requirements.

Discussion Items

22-491 ZONING TEXT AMENDMENT NO. 22-003 (FLOOD ORDINANCE REVISIONS)

• Request: Amend Chapter 222 (Floodplain Overlay District) to comply with updated FEMA requirements, including elevating mechanical equipment, manufactured homes, and structures in VE flood zones one foot above base flood elevation.
• Staff Presentation: Associate Planner Tess Noin explained that the City participates in the National Flood Insurance Program; a February 2022 FEMA audit found the city out of compliance. Adopting the revisions maintains a 15% flood insurance premium discount for property owners in flood zones; failure to comply would reduce the discount to 5%.
• Commissioner Questions: Commissioner Mandic asked about “substantial improvements” (threshold is 50% of structure value). Commissioner Scandura confirmed that non-approval would raise insurance costs for all policyholders. Chair Perkins asked about base flood elevation versus sea level and future sea-level rise; staff clarified that base flood elevation is based on current flood and wave data, not projected sea-level rise.
• No public testimony was offered.
• Motion: Commissioner Scandura moved to approve the Zoning Text Amendment with findings of CEQA exemption; seconded by Commissioner Rodriguez. The motion passed unanimously (Commissioner Adam absent, all others voting yes).

22-497 CONDITIONAL USE PERMIT NO. 22-006 / VARIANCE NO. 22-002 (DIESEL AUTO REPAIR FACILITY)

• Request: Establish a 2,000-square-foot industrial building for diesel automobile repair on a 7,692-square-foot vacant lot (substandard, minimum 15,000 sq ft). Four variances requested: (1) 10-foot front yard setback instead of average 20 feet; (2) 2-foot interior landscape planter instead of 3 feet; (3) two parking spaces at 9 and 9.5 feet wide instead of 12 feet (adjacent to walls over 12 inches); (4) elimination of a step-off area near planters.
• Staff Presentation: Planner Alyssa Matthews noted the lot has had an approved but unbuilt similar project since 2002. The proposed building is smaller (2,000 sq ft vs. previously 4,000 sq ft) and lower (22 ft vs. 25 ft). The project meets parking minimums (8 surface spaces plus 2 in bays) and floor area ratio. Staff recommended approval, noting the site is in an RT (Research and Technology) zone and that variances are necessary due to the constrained lot.
• Commissioner Questions: Questions addressed the nature of substandard lot approvals (requires CUP, not variance), building materials (corrugated metal), faux windows, parking for vehicles being serviced, and enforcement against stacking of cars. The applicant representative (Dave C) stated only two employees (husband and wife) would work there, vehicles serviced would be half-ton to three-quarter-ton pickup trucks, and all work would occur inside the building. He asked the Commission to modify Condition 1E to allow roll-up doors without windows, as windowed doors would interfere with interior car lifts.
• Public Hearing: Testimony from four speakers as noted above.
• Commission Deliberation:
  • Commissioner Scandura strongly opposed the corrugated metal design, calling it “a storage shed” and incompatible with Warner Avenue’s high-quality existing buildings and nearby historic churches and school. He also raised concerns about parking space widths and potential overflow.
  • Commissioner Mandic agreed the design was unacceptable and that the site was too small for the proposed business; she opposed the project.
  • Commissioner Ray favored the project with an added condition requiring all vehicles be stored on site.
  • Commissioner Rodriguez and Vice-Chair Acosta-Galvan expressed support for a continuance to allow the applicant to redesign the building with stucco and to address parking concerns.
  • Chair Perkins stated he could not support the project as designed and would not support a continuance if design changes were insufficient, but he acknowledged the option to condition a continuance.
• Outcome: A motion to continue the item (made by Commissioner Scandura, seconded by Commissioner Rodriguez) was approved. The motion directed staff to work with the applicant to return with a “bricks and mortar” (stucco or tilt-up) building design and to address parking, including potential employee parking. The vote was 5 in favor (Scandura, Rodriguez, Ray, Acosta-Galvan, Scandura? Actually scan: Commissioner Scandura motioned, second by Rodriguez, and then voting: we have no show from Commissioner Adam (absent). The transcript says: “We have two no's. Chair Perkins and Commissioner Mandic. Motion carries. Commissioner Adam is absent.” So 5 yes? That includes Commissioner Scandura, Rodriguez, Acosta-Galvan, Ray, and one more? Actually there are 7 commissioners, one absent, so 6 present. Two no’s means 4 yes, but the transcript says “motion carries” and two no’s, so 4 yes, 2 no? Let’s recount: Present: Chair Perkins, Vice-Chair Acosta-Galvan, Commissioners Mandic, Scandura, Rodriguez, Ray (6). Absent: Adam. Motion by Scandura, second Rodriguez. Vote: Perkins no, Mandic no, others yes (Scandura, Rodriguez, Acosta-Galvan, Ray) = 4 yes, 2 no. That is a majority. So correct. The summary should read: “The motion carried 4-2 (Chair Perkins and Commissioner Mandic opposed; Commissioner Adam absent).”
• Next Steps: The item is continued to a future meeting for revised design and site plan.

Staff Reports

• Planning Manager Matt Schneider reported on recent City Council actions: the SB9 zoning text amendment (previously recommended by Planning Commission) was approved unanimously; the Holly Triangle Townhome Project was also approved unanimously; and the cannabis subcommittee item was continued to the July 5 council meeting. He noted that the July 5 meeting would also include a 7-Eleven appeal. There were no scheduled Planning Commission items for July, but that could change. Commissioner Scandura inquired about historic resources board appointments; staff confirmed two appointments were recommended and should appear on a council consent calendar soon.

Key Outcomes

• Zoning Text Amendment 22-003 (Flood Ordinance): Approved unanimously. To be forwarded to City Council for final adoption.
• Conditional Use Permit 22-006 / Variance 22-002 (Diesel Repair): Continued to a future meeting. The Commission directed staff to work with the applicant to redesign the building using permanent materials (e.g., stucco) and to revise the site plan to address parking concerns, including employee parking. The continuance was approved 4-2 (Chair Perkins and Commissioner Mandic opposing).
• No other actions taken; meeting adjourned at approximately 7:45 PM (time inferred from transcript length).

The next regularly scheduled meeting is Tuesday, July 12, 2022, at 6:00 PM.