Huntington Beach leaders are considering changing how residents and local businesses ask for zoning changes on their property as a court is in the process of stripping away their power to deny new housing projects.
The court order comes after city council members have spent years fighting the state’s housing mandates and lost at every level of state and federal court in the country, with a judge revoking their power to deny most housing projects until they get a state approved housing plan in place.
[Read: Judge Orders Huntington Beach to Adopt Housing Plan]
“The City shall not enforce its planning and zoning laws to disapprove or reduce the density of any proposed housing development meeting the minimum densities,” wrote San Diego Superior Court Judge Katherine Bacal in her order. “The Court…hereby suspends the City’s authority to grant zoning changes or variances on any of the RHNA (Regional Housing Needs Allocation) sites except as necessary to comply with section 3 of this order.”
It’s part of their broader effort claiming in court that charter cities have the power to ignore state mandates on a number of issues, but the city hasn’t won any of its lawsuits arguing that point.
[Read: Huntington Beach Continues to Lose Lawsuits Arguing Charter City Rights]
Now, city leaders are looking at requiring any property owner that wants a conditional use permit or zoning variance to come before a full planning commission hearing.
The permits are required “for use classifications typically having unusual site development features or operating characteristics requiring special consideration,” according to the city code.
Some of the recent conditional use permits reviewed by the city included approval for alcohol sales at Central Park and new industrial warehouse construction.
Under the current process, a city zoning administrator reviews the request and can approve or deny the project. If it’s denied, the project’s operator can appeal to the planning commission and even to the city council if it’s denied again.
City Councilman Pat Burns is asking his colleagues to cut the administrator out of the process, saying their role is unnecessary.
“The Zoning Administrator, one person, has the Authority to approve CUP’s and Variances. This is not very common in other cities,” Burns wrote in a memo to his colleagues. “The review by the Planning Commission would serve the city more efficiently and in better service to the City.”
Burns also asked city staff to look at possible “opportunities to update the zoning code for efficiency in the entitlement process.”
Burns did not respond to requests for comment.
Noah Biesiada is a Voice of OC reporter. Contact him at nbiesiada@voiceofoc.org.
