Huntington Beach Planning Commission Meeting Summary - February 14, 2023

The Huntington Beach Planning Commission held a regular meeting on Tuesday, February 14, 2023, at 6:00 PM in the Council Chambers. The meeting addressed two public hearing items: a tentative tract map and conditional use permit for a 10-home residential development on Garfield Avenue, and a zoning text amendment to prohibit "Builders Remedy" applications citywide. The commission also approved consent calendar minutes and discussed bylaw amendments and committee assignments.

Public Comments & Testimony

• No public comments were made on non-agenda items.
• Garfield Residential Project (Item 23-079): Several residents spoke in opposition to the project's proposed access from Gregory Lane, citing safety concerns for pedestrians, traffic congestion, emergency vehicle access, and construction impacts. Speakers included:
  • Bill Jager (applicant's representative) – spoke in support, noting project compliance with all codes and significant fee payments (approximately $181,000 for affordable housing, $178,000 for parks, $42,000 drainage, $285,000 traffic impact, and over $200,000 for school impact).
  • Sam McMellan (Crimson Circle) – expressed concerns about an existing retaining wall and potential erosion from the new homes.
  • Kathy Velchy (Summerfield Lane) – requested a delay due to a historical landslide incident in 1968 where three children died, stating the property had not been touched in 51 years.
  • Darren Jaros (Crimson Circle) – voiced concerns about privacy from second-story windows overlooking his property and requested obscured glass and vegetation along the property line.
  • Robert Katzen (resident for 45 years) – presented a memo opposing the Gregory Lane exit, citing safety risks from the curved road, narrow street, and lack of sidewalks.
  • Daniel Shea (Laura Circle) – requested a condition requiring construction access from Garfield Avenue, not Gregory Lane, to avoid traffic and safety hazards.
  • Dennis Jensen (Gregory Lane) – representing 21 households, opposed the Gregory Lane entrance due to narrow street width (35 feet), emergency access issues, and suggested an alternative entrance from Garfield Avenue.
• Zoning Text Amendment (Item 23-135): No public comments were submitted.

Discussion Items

• Garfield Residential Project (TTM 18196, CUP 19-012): Staff presented a proposal to subdivide a 2.4-acre site at 8341 Garfield Avenue into 10 single-family residential lots (10 homes) with a private street. The project requires a conditional use permit due to a grade difference exceeding 3 feet. The development includes market-rate luxury homes (5–6 bedrooms, with the applicant stating an average of about 4,300 square feet; the smallest 3,131 sq ft, largest 4,450 sq ft), three-car garages, three driveway parking spaces per unit, and 8 guest parking spaces. The applicant will pay in-lieu fees for affordable housing ($181,000), park fees ($178,000), drainage ($42,000), traffic impact ($285,000), and school impact (over $200,000). Staff recommended approval. Commissioner Acosta-Galvan recused herself due to a financial interest. Discussion focused on access: the zoning code requires access from a local street (Gregory Lane) rather than the arterial Garfield Avenue. Residents raised concerns about construction traffic, privacy, drainage, and a historical sinkhole. The applicant agreed to a construction management plan with construction access from Garfield and on-site worker parking. Commissioner Wood noted that an HOA would manage parking. The commission voted to approve the staff recommendation (motion by Vice Chair Twining, seconded by Commissioner Rodriguez). (Vote: 5 in favor, 0 opposed, 1 abstention (Acosta-Galvan), 1 absent (Adam)).

• Zoning Text Amendment ZTA 2023-001 (Prohibition on "Builders Remedy" Applications): Chief Assistant City Attorney Michael Vigliotta presented the ordinance, which would clarify that all projects must comply with the city's zoning code, effectively prohibiting projects relying on the "Builders Remedy" under state housing law. The ordinance was drafted at the direction of the City Council. The California Department of Housing and Community Development (HCD) sent a letter stating that adoption would violate fair housing law and could lead to referral to the Attorney General. Commissioners expressed differing views: Commissioner Kennedy and Vice Chair Twining supported the amendment, citing local control and opposition to state mandates; Commissioners Rodriguez and Acosta-Galvan opposed, arguing the ordinance is vague, conflicts with state law, exposes the city to litigation, and undermines affordable housing. Commissioner Wood noted the importance of eventually obtaining a certified housing element. The commission voted 4-2 to recommend approval to the City Council (Kennedy, Twining, Pellman, Wood in favor; Rodriguez and Acosta-Galvan opposed; Adam absent).

Consent Calendar

• The commission approved the minutes from November 16, 2022, December 13, 2022, and January 10, 2023, as submitted. Chair Pellman and Commissioner Kennedy abstained; the motion carried with four votes.

Other Planning Items

• Bylaws Amendment: A proposed amendment to the Planning Commission bylaws was pulled and will be continued to a future meeting with additional suggested changes.
• Advisory Board and Committee Assignments: Chair Pellman requested commissioners email their preferences for 2023 assignments, including the Design Review Board (voting position) and other liaison roles.
• Staff Announcements: The zoning text amendment on medical offices was approved by the City Council; a new commissioner orientation is scheduled for Thursday; the next regular meeting (February 28) is expected to be canceled.

Key Outcomes

1. Garfield Residential Project (TTM 18196, CUP 19-012): Approved with staff's recommended findings and conditions. The decision is appealable to the City Council within 10 calendar days.
2. Zoning Text Amendment ZTA 2023-001: Recommended for approval to the City Council on a 4-2 vote.
3. Consent Calendar: Minutes approved.
4. Next Meeting: The February 28, 2023 meeting is expected to be canceled; the next meeting will likely be in March.