I'd like to call the Planning Commission meeting to order.

Welcome to the May 12, 2026 Hunting to Beach Planning Commission meeting.

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

Those comments will not inform or be considered by the Planning Commission and may cause the chair to interrupt the speaker.

Such comments will not be consented to or otherwise adopted by the Planning Commission in its discussion and findings for any matter tonight.

Thank you.

At this time, I'd like to ask Commissioner Thenis to lead us in the pledge of allegiance.

Please stand if you're able and address the greatest symbol of uh liberty uh in the whole world, our flag.

And uh please begin.

I pledge allegiance to the flag of the United States of America and to the Republic for which it stands?

One nation under God, indivisible, liberty and justice for all.

So nice ranking, that's my own.

May we please have the roll call?

Chair Bush here.

Commissioner Thenis here.

Commissioner McGee.

Here.

Commissioner Palmer.

Present.

Commissioner Goldberg here.

Commissioner Clifford is absent.

We have a quorum.

All right.

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

Do we have any public comments?

We have one uh person signed up to speak, Charles Jackson.

Please come down to either microphone.

And Mr.

Jackson, just to be clear, it's not for the agenda item tonight.

Thank you.

Okay.

Um I'm Charlie Jackson.

It's nice to be here to talk to you folks.

I want to talk about the reliable young lumber yard.

It's a little late on one hand, but I think it'll be appealed.

The reliable lumber yard would be an excellent location for mixed use housing with a higher city tax income than a warehouse provides.

The city has learned that warehouses are not great sources of city revenue.

It would also allow HB to stick it to Newsom.

HB can stick it to Newsom by not requiring subsidized housing.

Apartments, duplexes, and multi-level uh buildings with uh will all have lower costs than single family units and hence be affordable housing.

There is a need for this kind of housing in Huntington Beach.

The lumber yard is currently next to residential housing on two sides.

To the north, the uh multi-level housing project would not impact any residential properties.

Uh to the south, the duplexes could be built, and uh the lumber yard is also close to a park, which makes it ideal for residential housing.

While the neighbors might oppose this idea of housing because they'll probably oppose anything you put forward.

Uh they should be given a choice.

And it's hard for them to complain about noise from other residents.

They can complain about noise from trucks and things, um, but everybody has neighbors and their neighbors are noisy.

It seems that the planning commission is ramming this through so that this option of housing um, which will have a larger tax revenue, won't be considered.

This would also allow the current owner to get more income by selling the property for housing rather than for a warehouse with pollution and noise.

Um there also needs to be a plan for the railroad lines that are adjacent to the property and are obsolete.

You are the planning commission, and you said zoning.

Thank you.

Thank you, sir.

Next on the agenda is the public hearing on conditional use permit number 24-008 on liberty the liberty duplex, planning commissioners.

Please state your disclosures regarding this item starting on my right.

I spoke to a resident on Spear Drive.

I spoke to uh Councilman Burns.

And I spoke to Commissioner uh McGee.

That's it.

Staff, may we please have the uh staff report?

Associate Planner Marco Cuevas will be giving the presentation.

Yes, good evening.

Um the item before you this evening is the appeal of the conditional use permit 24-008.

That's the Liberty Duplex.

The request is to demolish a single-family residence and construct a three-story approximately 5200 square foot duplex at an overall height of 32 feet.

Um the project is located at 7812 Liberty Drive, not south of Liberty Drive, west of Beach Boulevard, and has a general plan and zoning designation of RM, which is residential medium density.

Um the neighborhood consists of a mix of single of single story, two-story, and three-story single-family and multi-family dwellings.

Um the map on the screen shows where it's at, outlined in yellow, so you get an indication of where it lies exactly within uh Liberty Drive, approximately mid-block.

So, uh on the site plan.

Uh the lot measures 66 feet wide by 135 feet deep and measures approximately um 8,920 square feet in size.

Um each unit in the duplex has four bedrooms and a two-car garage.

The proposed duplex complies with the maximum density in the RM zoning district, which permits a maximum of three drilling units at the project site based on a minimum lot area of 2904 or 20 uh 2,904 uh square feet per dwelling units.

Um the site map shows two um 1200 square foot uh ADUs at the rear of the property that are permitted by right under state law and not subject to review of this conditional use permit and do not count towards the permitted density in the zoning district.

Uh this next slide shows the elevations that's the north and south elevations of the proposed duplex.

The RM district permits a maximum height of 35 feet.

The proposed height of the duplex is approximately 32 feet.

Um pursuant to Huntington Beach zoning subdivision ordinance section 2104 C, multiple family residential development that includes buildings exceeding 25 feet in height are subject to an approval of a conditional use permit.

To ensure compatibility compatibility with the surrounding neighborhood, improvements such as building articulation setbacks, facade treatments, and landscaping are incorporated to visually address bulk and massing of the new development while still providing opportunity to build to code.

The building is composed of horizontal sliding and varying structural colors with uh facade articulation at each level provided by offsets and metal canopies.

Uh landscaping is provided primarily along the perimeter of the site with trees and within uh open space areas.

Uh pedestrian walkways are provided on the sides of the building for greater accessibility for residents and visitors.

Uh these elevations uh represent the uh proposed ADUs.

Um they are for reference only, and uh let's see.

But the project includes um this project, which is not subject to the CUP, um shows the two-story detached buildings consisting of two ADUs at the rear of the property that are not subject to approval of a CUP, as they are allowed by ride in compliance with state regulations pertaining to ADUs.

Um, as part of our analysis, um, the zoning administrator held a public meeting on uh March 4th, 2026 to consider the proposed CUP.

The project applicant was present to answer questions.

There were no speakers in opposition to the request, nor any written communications received.

Um, at the meeting, staff reported that the project was in compliance with all development standards for the RM reading as it residential medium density zoning designation, including maximum height, lot coverage, and minimum building setbacks.

The zoning administrator considered compatibility with a variety of multifamily dwellings, including those above and below 25 feet in height within the neighborhood, and determined that the project met this conditional use permit findings for approval.

Lastly, staff mentioned that the project includes the construction of two-story detached building, detached building consisting of two ADUs at the rear of the property that are not subject to approval of a CUP, as they are allowed by right in compliance with state regulations pertaining to ADUs.

And the ADUs do not count towards permitted density.

On March 9th, 2026, following the zoning administration administrators' action, the project was appealed by the city council member uh Pat Burns, citing concerns with the approved height and the duplex of the duplex at 32 feet and with the approved uh density.

The proposed project is consistent with the requirements of the base zoning district, such as parking, building setbacks, building height, and lot coverage.

Uh the overall height will be compatible with surrounding properties because the building incorporates upper story setbacks and facade treatments to minimize bulk and scale of the structure.

Um the proposed DAX and balconies will be oriented towards the rear end of public street, minimizing privacy impacts on adjoining uh properties.

Um the proposed ADUs are allowed by right and not subject to approval of a conditional use permit nor RM density.

In addition to proposed ADUs are located within one half mile walking distance of the public transit and not required to provide additional parking.

In this case, the site is within 800 feet of a public transit located on Beach Boulevard.

Um, so in summary, the planning commission may either uphold the zoning administrators' decision with or without modifications or take an alternative action.

The planning commission may approve the proposed project based on the suggested findings and conditions of approval, that it complies with the general plan, that it's consistent with the requirements of the zoning district and municipal code, and that it's compatible with existing and surrounding uses.

That concludes my presentation.

I'm available to answer any questions and note that the applicant is also available in the audience.

Commissioners will start with our questions for staff.

I'll start on my right.

So the two uh ADUs are 1200 square feet.

Um the part here says that the code limits accessory dwelling units to 650 feet uh square feet, right?

Um, I don't understand where you get where I mean.

This is I'm looking at the appeal right now.

Right.

Do you want to speak to that or uh so um the state regulation state guidelines allow ADUs to be up to 1200 square feet?

That's all thank you.

Also, my understanding is that our code in the zoning code in the city has not been updated, so though the information has been updated through the state, it hasn't been updated locally.

Is that correct?

That is correct.

Yeah, just to clarify that point, the local code does require one parking space for an ADU in Huntington Beach.

That's what our local code has, right?

Um per the ADU state guidelines for um the code it let me see.

The proposed project does not require per the city of Huntington Beach, though we we do cover that in our code.

It's written in our code, it's still online, and it says there's one parking space per ADU.

State law supersedes the city's outdated zoning ordinance.

I understand that.

And then the state, the state requirement requires no parking, no parking for three units, and um so your assumption, the state's assumption is is that uh the people who are renting these don't have cars, right?

Because we're not gonna park their cars because they're gonna they're gonna walk to the bus stop.

So can we put a deed restriction that says that uh they can't have a car?

So I think you know, well, these are questions you should probably ask after you deliberated the public hearings closed, and the this is the time for like technical questions as opposed to advocatitions, whatever.

So technical question.

So if in order to have in order in order to have an ADU, you have to have an associated unit, residential unit to go with it.

You can't just build an ADU without a primary residential unit.

That's the way I read the state law.

Is that correct?

Uh that is correct.

However, that could be existing or that could be proposed.

In this case, the the proposed the main dwelling unit is proposed.

Okay.

And and on Liberty Drive, okay, were there other three-story buildings on Liberty Drive in your assessment?

Because I I didn't see any.

Um I did not uh note any three stories um within Liberty Drive.

I did note a three-story at the end of the block, um, approximately 500 feet uh west of the subject location.

Okay.

So we consider that to be part of the neighborhood.

Okay, but on Liberty Drive, there are no three-story buildings.

That's correct.

I didn't note any.

Okay, and a conditional use permit is a discretionary approval, right?

So we would be we would be making uh the determination uh to follow land use LU 1D, ensure that new developments projects are compatible, proportion scale and character to complement adjoining uses and LU four D in our general plan, our land use elements.

Ensure that single family residents are compatible proportion scale and character to surrounding neighborhood, right?

And so that's that's the purpose of the conditional use permit is for us to make that determination.

Is that correct?

Is that what we're asking?

Is that that's the task when determining if a property is uh can be granted a conditional use permit.

That's part of our findings, correct?

Uh that's correct, it is one of the findings.

Okay, thank you.

Okay, so while I'm very familiar with SB9 and all the state bills, I have to point out, although we're not really looking at the ADUs that it doesn't say they should be 1200 square feet, it says they must be 850 square feet.

That's the law.

So this is over that, it got approved, or or it's supposed to be approved, or we can't I I don't know why we can't even comment on that, but my concerns with this project are um that there isn't a commission commissioner, I think you should save your your your concerns and comments until after the public hearing.

Okay, so okay.

I do have this is just technical.

Okay, have a technical question then.

Um I believe the paperwork said 33.5 inches.

Did I misread that at the height?

Um as far as the feet, yeah.

I'm sorry.

Um I'm gonna refer to the plans.

We we approximate the heights at 32 feet.

Um the height is measured at finish floor to the top, and it's 31 feet and I believe seven inches.

And refer to my plans.

Yes, the plans show that it's 31 feet seven inches measured from the um uh the the finished floor.

So that's um for this area, this is the way that um we would measure uh the building.

I know the plans show additional measurements um based from top of curb and so forth, but as I said, um the way that this particular building is measured um is is from the uh uh the finished floor to the top of the roof.

So my concern is the conditional use permit, we keep going up by a couple feet.

Suddenly we've got 40 foot buildings in two-story neighborhoods, but anyway, I that was my question.

Thank you.

I have no questions before the hearing is open, but I do want to speak after I'd like to be the first up on the speaking after the hearings closed.

We'll do that.

Thank you, sir.

I have no questions either.

So with no further questions, we will now open the public hearing.

Do we have any speakers?

We have no one currently signed up to speak.

There's a gentleman up there with his hand up.

Come on down.

Please let us know who you are.

Either Mike, just please give us your name.

Good evening.

In uh November of 2023, I purchased a multifamily dwelling on Liberty Drive, just down the street from the proposed project.

Mike's main concern here is that parking on Liberty Drive is a daily nightmare for all of the residents in that area.

We took action on our building, and I think so far I think we're the only ones that have done it.

But we reviewed the rental agreements that were in place when we bought it, and everyone cited that the garages were for exclusively for the parking of vehicles.

But what we found is not a single garage was in use for parking of the vehicles, they parked all over the lot and they parked in the street.

So we simply notified our tenants that if they wanted to use the uh garages for parking of their vehicles, that was included in their rent, no change.

But if you were going to use it as a storage facility, then we would begin to charge the going rate for a storage facility in the city of Huntington Beach.

Promptly, every tenant removed their store trash from their garages, and all of the cars now park in the six garages that we have for the five units.

In addition, we provided open parking space so that in effect, for our facility, we have one for every bedroom in the building, we have a signed off-street parking space, six covered, and the rest are open uncovered, but they block no driveways, no parking.

And I'd just like the council to consider the parking along that street and the problems that it has created, and to maybe get creative and figure out some way to see that to it that this proposed project provides for parking so that we can maybe get it under control on that street.

That's my big concern.

So I thank you for listening to me.

If there is a question, I'll be trying to answer them.

Thank you for your comments, and thank you for being proactive.

I have no questions.

Thank you, sir.

Thank you.

Um we have no other speakers, so since we do not have any other speakers, we'll now close the public hearing.

Planning commissioners, we can now deliberate the item, or you can give me a motion.

Mr.

Goldberg, yes.

So the reason why I asked to speak was um I just I am volunteer to serve on this commission for one of these for almost specifically for things like this.

Um I was a resident, as you know, of Long Beach my whole life, sat on commissions for 20 plus years, and I watched uh good things happen, and I watched bad things happen.

And the one thing I promised myself and my wife when we moved here was if I could do anything to help avoid the bad things that have happened to Long Beach, I would certainly try to do so.

And in this uh particular project, I can tell you that uh it strikes a very deep cord.

These ADUs um are gonna destroy all of Long Beach's bedroom neighborhoods over time.

They're knocking houses down and putting four on the on them.

Uh we can't stop every ADU.

I'm not saying that every ADU is bad either, but I can assure you that this cracker jack uh, you know, in the middle of shoe kind of shoehorning this into the middle of the area that it's in, already over impacted by parking and everything else.

Uh I certainly will will uh cannot support a project like this the way it's been presented.

And I'm very pleased with the gentleman that that uh stepped forward just a minute ago to explain his uh commitment to the community and being a good steward.

If we had everyone was like him, uh we wouldn't have the issues that we have with uh parking in most of our areas.

So I commend you for that uh sir, because that's uh financially uh, you know, that was tough for you to do, but you did it and good for you.

So thank you for that.

So with that, I I would uh I defer to the other uh commissioners.

Yeah, how many parking spaces would be needed for something like this?

I mean, it's gonna be double digits.

So, you know, it's a little excessive for a street such as liberty.

The parking is something that I uh I think is a problem there, and also the height of this building.

There's nothing like it anywhere else in that on that street.

Again, we're not allowed to talk about the ADU, so let's not, but let's just assume if this were a and and correct me if I'm wrong, guys.

If this were a uh a three bedroom and a four-bedroom multi-unit building project, it would require uh a total of uh 12 parking spaces.

Is that correct?

Because you'd have uh you'd have 2.5 for the four bedrooms, and then you'd have 2.5 uh spaces for the three bedrooms, and then you'd have the guest parking spaces.

So I I believe with the guest parking spaces, if it were a normal apartment building with that many bedrooms, it would require 12 parking spaces.

So it basically has half the required parking spaces.

So we're we're here to talk about we're we're really here to talk about the conditional use permit for the duplexes in the front.

We're not allowed to talk about the ADUs.

So I'd like to make a motion to uphold the appeal and deny the conditional use permit for uh 7812 Liberty Drive on the basis that is inconsistent with land use element 1D, that it's uh not um that to ensure that new development projects are compatible, it's not compatible in proportion of scale with uh adjoining uses, and that the um that this is uh the three-story building is also not compatible in proportion and scale uh to the uh surrounding uh neighborhoods.

I'll second that.

Oh, go ahead, ladies, five.

I'll second that.

I just like to say that along with uh commissioner Goldberg that working in the city of Long Beach with those what we used to call cracker box, where they put eight units over top of a carport in what it did to residential neighborhoods with the impact in the issues, it not it ultimately became a blight, became a tra uh traffic issue, became a safety issue.

So I'm I'm inclined to go with the motion at hand with that.

Can we have a vote?

We have a first and a second.

Yeah, yes to deny the permit to the yep.

We have five eyes, commissioners Clifford and Vice Chair Babanel are absent.

Motion carries, the planning commission's action is final unless an appeal is filed to the city council within 10 calendar days.

An appeal must include the reasons for the appeal in the fee, and she'll be filed with the city clerk's office within 10 calendar days.

The only thing I would say if the if the property or anybody owns uh representing the owners to cut the grass out there at that site, the grass is well overgrown.

The buildings are already demolished, so they I guess they they have intent, don't they?

But they need to maintain their property.

Okay, next on the agenda is a consent calendar to approve some minutes.

Is there a motion to approve the minutes as submitted?

I'll move to approve the minutes.

Second, sorry, who was the second?

Okay.

Two you spoke at the same time, so and next on the agenda.

Uh are there any planning items?

Please uh vote.

Oh, I'm in a hurry.

Okay.

So we have four eyes.

Commissioner McGee is abstaining and chair uh Vice Chair Babanel and Commissioner Clifford are absent.

Motion carries, all right.

Are there uh on the agenda?

Is there any planning items in staff provide a report, please?

We currently don't have any items scheduled for the May 26th meeting.

If that stays true, we will send out a notice of cancellation a week prior to that meeting.

Thank you.

Before we close for the evening, planning commissioners, do you have any comments to provide?

We'll start on my right.

Mother's Day on Sunday.

Happy Mother's Day to everybody out there.

That's it.

Yeah, definitely.

Happy Mother's Day.

Um I do um have another point that I would like to make.

I we have these housing mandates that uh have come down from uh Sacramento that are um putting a stress on our infrastructure.

I think it's stress on on our lives.

I think overcrowding.

I I think if we did some research, we would find that people who live in high density uh overcrowded areas probably um have health issues because of it.

I mean, I'm just guessing at that.

But um one thing's for certain none of these Senate bills that I've been reading on these ADUs and and these uh density mandates say anything about how we're supposed to deal with the infrastructure.

And on this particular project, I went to the uh city's website.

We have a great website.

Um probably could improve a little bit how we we pull our research.

Uh we we need some plans uh uh we need those a little quicker, but I had my company go through and research the uh the sewer master plan uh for this particular area, and this particular area is to be tributary to a Slater Avenue trunk main, and there's also a trunk main on Beach Boulevard that this particular site drains to, and it's and it's deficient.

And I think that what would be appropriate for us as a city, the responsible thing to do is look at some of these studies that we've done, and this here is shows our deficiencies.

There's a 12 million dollar trunk main required on Slater Avenue, and yet here the state's telling us to double our density when this when the sewer trunk main does not have the capacity, it overflows during a wet weather condition, and that to me is a health and safety issue that that one thing that I read in all of these uh Senate bills is that we can use that as a basis to deny projects.

So you know, if if I don't know how we can get the process started to um, you know, maybe take a look at some of our deficient deficient infrastructure and and put a hold on some of this high density development until those problems are corrected.

If we you know, I believe we would be justified in doing so because we can't have our sewer overflowing.

So, Brian, um if I can interject there, I I think you might be mistaken.

I could be wrong, but I believe that the state has limited CEQA.

So CEQA doesn't apply, and infrastructure is at the behest of the city, it's not um developer, and I think they've determined for the at least the housing mandates that you cannot use that as an excuse to not build.

So well, again, I think it's a health and safety issue, um, but but we should research it.

I I think it's a strong argument that it's a health, a health and safety issue.

If we don't have a sewer system that functions and our sewers flowing out into uh uh the salt and sea like and well the way the eight the way the ADU laws read, it it almost strong arms us in the negating as if the ADUs make no impact on that.

Now how a three-bedroom 1200 square foot.

So guys, we're we're we're this isn't on the agenda.

It's I think Commissioner Athenis' point is is well taken, and and I think one uh one takeaway from that would be my office will explore this issue of the uh overuse of the sewer main and figure out if there's something we can do going forward.

That would be awesome.

Yeah, my point is is just reading into the ADU, they've almost strong armed not having an opinion on anything ADU.

Yeah, it's it's extremely difficult to new state laws, but we'll look at it.

I think like I said, uh Commissioner Thenis makes an excellent point about um not just the sewers, but I think uh all of our infrastructure is overburdened by some of the stuff.

Thank you.

So, uh Commissioner Palmer, did you have any comments?

No further comment, thank you.

Commissioner Goldberg.

I'm gonna keep it a little lighter than uh Commissioner Thenis tonight, and just say that I attended a wonderful event.

It was an adoption, a pet adoption event that uh was held at the park.

Uh my wife and I were uh lost our dog about a year ago, and we went in search of, unfortunately, did not find the right match this time, but I think it's wonderful that they that our community is is uh focused on uh you know rehoming these uh pets because it's uh it's a worthy cause, and so I really enjoyed it, and it was nice to see the council people out there and everything else, and it was just uh just a beautiful day to see all the families and everyone having a good time.

So thank you.

Great, good show.

Well, that's the last item on the agenda.

We are hereby adjourned to the next planning commission meeting on May 26th.

Sorry, Russell