Legislation Details

File #: 26-279   
Type: Public Hearing Status: Agenda Ready
File created: 3/20/2026 In control: City Council/Public Financing Authority
On agenda: 5/5/2026 Final action:
Title: Appeal of Planning Commission's Action on Conditional Use Permit No. 23-014 (HBCSD Maintenance and Operations Building)
Attachments: 1. Att #1 Suggested Findings & Conditions of Approval, 2. Att #2 Plans received and dated April 30, 2024, 3. Att #3 Appeal Ltr. received & dated March 18, 2026, 4. Att #4 PC Notice of Action dated March 11, 2026, 5. Att #5 PC Staff Report of March 10, 2026, 6. Att #6 PC Minutes of March 10, 2026, 7. Att #7 Code Requirements, 8. Att #8 Phase I Environmental Site Assessment Aug 2025, 9. Att #9 HBCSD Noise Study dated July 24, 2025, 10. Att #10 Vicinity map, 11. Att #11 Email Correspondence 2024-2026, 12. Att #12 PowerPoint Presentation, 13. Comments Received - Pacific Rim Ecosystemic, 14. Comments Received - 1 email, 15. 5-4 SC - 16 Emails, 16. 5-4 SC - Pacific Rim Environmental Opinion & Analysis, 17. 5-5 SC - Project Navigator - Ascon Landfill Site

REQUEST FOR CITY COUNCIL ACTION

 

SUBMITTED TO:                     Honorable Mayor and City Council Members                     

 

SUBMITTED BY:                     Travis Hopkins, City Manager                     

 

VIA:                     Jennifer Villasenor, Director of Community Development

 

PREPARED BY:                     Jason Kelley, Senior Planner

 

Subject:

title

Appeal of Planning Commission’s Action on Conditional Use Permit No. 23-014 (HBCSD Maintenance and Operations Building)

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Statement of Issue:

Transmitted for the City Council’s consideration is the appeal filed by Councilman Gruel on March 18, 2026, of the Planning Commission’s action on Conditional Use Permit (CUP) No. 23-014, a request to construct an approximately 7,510 sq. ft. maintenance and operations building at an overall height of 17ft.- 6in. at an existing school district office.   The Planning Commission approved the request on March 10, 2026. 

 

Financial Impact:

Not Applicable

 

Planning Commission Action:

recommendation

A)                     Find Conditional Use Permit No. 23-014 exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303, Class 3 - New Construction or Conversions of Small Structure; and

 

B)                     Approve Conditional Use Permit No. 23-014 with suggested findings and conditions of approval (Attachment No. 1). 

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Alternative Action(s):

The City Council may take one of the following alternative actions:

A)                     Continue Conditional Use Permit No. 23-014 and direct staff accordingly.

 

B)                     Do not make the suggested findings, which will result in mandatory denial per Section 241.10(C) of the Huntington Beach Subdivision Ordinance (HBZSO)

 

Analysis:

 

A.                     PROJECT PROPOSAL:

 

Applicant: Mario Hernandez

 

Location: 8750 Dorsett Drive, 92646 (South side of Dorsett Drive, between Poston Lane and Miramar Lane)

 

Conditional Use Permit (CUP) No. 23-014: to construct an approximately 7,510 sq. ft. maintenance and operations building at an overall height of 17ft.-6in. at an existing school district office. (Attachment No. 2) 

 

B.                     PLANNING COMMISSION MEETING AND RECOMMENDATION:

 

On July 23, 2024, the Planning Commission held a public hearing on the project.  During the meeting, discussion focused on whether the imported soil had been tested for potential contaminants and the possibility to relocate the building to mitigate noise concerns raised by the adjacent property owners.  Following discussion, the Planning Commission continued the item to a date uncertain to allow the applicant to submit a noise study and to provide documentation confirming the imported soil was tested for contaminants.

 

On March 10, 2026, the Planning Commission held another public hearing on the project.  During the meeting, the Commissioners discussed building height, use of the building, noise, and setbacks.  A motion was made by Commissioner McGee and seconded by Commissioner Palmer to find the project categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303, Class 3; and approve Conditional Use Permit No. 23-014 with suggested findings and suggested conditions of approval, by the following vote:

 

Ayes:                                          Bush, Babineau, Thienes, McGee, Palmer, Clifford

Noes:                                          Goldberg

 

Motion Approved    

 

C.                     APPEAL:

 

On March 18, 2026, Councilman Gruel appealed the project citing the following:

 

                     Incompatible with surrounding uses

                     Light pollution

                     Noise

                     Inconsistent with General Plan and Zoning

 

D.                     STAFF ANALYSIS

 

The March 10, 2026, Planning Commission staff report (Attachment No. 5) provides a detailed description, analysis, and history of the proposed project.  The following responses to the appeal are provided below.

 

The project site is approximately 4.8 acres and consists of an approximately 21 ft. high, 34,704 sq. ft. existing building that formerly operated as Kettler Elementary School and is now operating as the Huntington Beach City School District offices with maintenance, repair, and storage occurring outdoors in the rear parking lot.  The property has a current General Plan and zoning designation of Public Semi-Public (PS) which permits a variety of uses.  The uses include cemetery, convalescent facilities, government offices, hospitals, maintenance and services facilities, park and recreation facilities, religious uses and schools among others.  Most uses require the approval of a conditional use permit.  The proposed use and building are classified under the PS zoning district as Maintenance and Service Facilities, which are defined as facilities providing maintenance and repair services for vehicles and equipment, and materials storage areas. This classification includes corporation yards, equipment service centers, and similar facilities.  The City’s Corporate Yard, located at 17371 Gothard Street, is a similar example of a maintenance and service facility located in the PS zoning district, and adjacent to single-family homes. The school district’s maintenance activities associated with the project are proposed to occur inside the building and not generate significant impacts that would affect surrounding residential uses.  Additionally, the maintenance building would contain soundproofing material installed on the interior of the building to suppress any potential noise of the use.

 

Appeal

The proposed project is consistent with the City’s General Plan and the permitted uses in the PS zoning district. While the primary use of the site is for the school district offices, the maintenance and service building is subject to a CUP and proposed with activities and conditions that would not be detrimental to the neighborhood. The proposed project will also improve the appearance of the site and exhibit a design that is in keeping with the character of the existing use with elements added that support the architectural mix of the surrounding neighborhood.  The project complies with all development standards.  The required side setback in the PS zoning district is ten feet, when it abuts a residential district, and the project is proposing a greater setback of 22 ft.-6 in. to address neighborhood concerns.  Additionally, the PS zoning district allows a building height of 18 ft. whereas the building is proposed at 17 ft.-6 in.

 

Condition of Approval 1b requires lighting to be installed along the western property line, which contains an existing walkway that connects the neighborhood to Edison Park.  The condition also requires the submittal of a photometric lighting plan to ensure that there will be no spillage of light on adjacent residential properties.  Condition of Approval 2c addresses the hours of operation along with compliance with Chapter 8.40, Noise Control of the Huntington Beach Municipal Code. Furthermore, the submitted noise study of the proposed building location demonstrates less than significant impacts to adjacent sensitive uses.

 

In summary, the City Council may approve Conditional Use Permit No. 23-014 based upon the following:

 

1.                     Consistent with the site’s General Plan land use and zoning designations;

2.                     Compatible with the surrounding land use with conditions imposed upon the proposed development and its operations;

3.                     Compliance with the Huntington Beach Zoning and Subdivision Ordinance and applicable provisions of the Municipal Code.          

 

Environmental Status:

This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303, Class 3 - New Construction or Conversion of Small Structures, because the project consists of the construction of a nonresidential building not exceeding 10,000 square feet in floor area. 

 

Strategic Plan Goal:

Non Applicable - Administrative Item

 

Attachment(s):

1.                     Suggested Findings and Conditions of Approval

2.                     Plans received and dated April 30, 2024

3.                     Appeal Letter received and dated March 18, 2026

4.                     Planning Commission Notice of Action dated March 11, 2026

5.                     Planning Commission Staff Report of March 10, 2026

6.                     Planning Commission Minutes of March 10, 2026

7.                     Code Requirements

8.                     Phase 1 Environmental Site Assessment dated August 12, 2025

9.                     HBCSD Noise Study dated July 24, 2025 

10.                     Vicinity Map

11.                     Email Correspondence 2024-2026

12.                     PowerPoint Presentation