Dear HB citizens, City Council and Planning Commission Members.

We are asking for your support in enforcing the city charter and immediately reject project PA-2023-0067, Kettler Maintenance & Operations Building proposed by the Huntington Beach City School District (HBCSD) 

We fear that if the city does not reject this project, it will set a terrible precedent for future school-related projects, notably the HBSD proposed Bus Yard at Sowers Middle School. The HBCSD has used dubious methods to circumvent the city planning rules under the erroneous assumption that they are exempt according to State Laws. Quite the contrary, they are clearly on the wrong side of the law here.  We have consulted with one of the top land-use attorneys in Sacramento, who is eager to litigate the matter if the planning commission and city council decide to side with the State and approve this project.  

A commercial use operation in a residential neighborhood is not only against our city charter but also not allowable under the existing state CA Code of Regulations, Title 5 of the Education Code, section 53094, section B.   This code is lovely in that it gives autonomy for schools to build classrooms without consideration for municipal zoning laws.  The other lovely fact is that it explicitly states schools are not exempt from local zoning laws when the proposed use is for warehouses, administrative buildings, or automotive storage and repair buildings.    

Over the years, this code has had some legal challenges to clarify what is considered classroom vs non-classroom facilities.  Unfortunately, the case law does not support a maintenance yard as a classroom.  What a surprise.  Here is a great article that discusses the case law on the topic.  

Unfortunately, the city planning department unknowingly made some errors in the planning stages.   The planners erroneously assumed that the school district could act as the lead agency for their CEQA investigation.   With the HBCSD being allowed to act as the lead agency, the project moved through the planning process without oversight.     All boxes were checked and approved by the planning department and rubber-stamped by the zoning administrator.  Thankfully, our intelligent planning commission appealed this decision.  The project was put on temporary hold by the planning commission until the HBCSD could provide a noise study (sounds vague) and a copy of the pollution soil testing for the dirt moved from Peterson Elementary without a permit.  These two requests by the planning commission are irrelevant to the HBCSD position that they are sovereign and protected under state laws.    

Here is the HBCSD Notice of Exemption and their CEQA consultant's report.  There is absolutely zero justification to claim exemption under CEQA. (California Environmental Quality Act)   Note how often the consultant and the Notice of exemption used the term "existing."  

How can they exist if they have never received a Conditional Use permit for a maintenance yard? Yes, they exist as a district office and, before that, an elementary school. According to these Google Earth images, the maintenance yard at Ketter has been there since at least February 2019.  Since then, the HBCSD has operated a maintenance yard without asking for a conditional use permit from the city.  It is not the approval of a new building that is the focus of our position.  It is the "Use" of the building as a maintenance operation that the district needs to get city permission for a conditional use permit. (CUP). 

Unfortunately, the HBCSD does not understand the state does not oversee or have any involvement in non-classroom facilities.  But, they continue to misrepresent to the public that they can just bypass the city process and go to the State DSA to get the project approved.  Here is the letter from the State DSA representative that rebuts the district's claim that they are exempt from local jurisdiction.  Here is the latest HBCSD public marketing infographic where they continue to argue that they have the state sovereignty to bypass the city and go to the DSA if the city does not approve the plans.  For a complete view of the HBCSD's legal position and project updates, visit their project page here.  

HBCSD Maintenance and Operations Project Marketing Website

Clearly, the City of Huntington Beach and the HBCSD made errors in the planning stages in getting this approved by the planning department and the zoning administrator.  I'm asking the city or land use attorney on staff to investigate and confirm that the school district is not the lead agency for the CEQA report. Land use is a very specialized area of law and it is not uncommon for city staff to ask for a legal opinion in the proposed usage of a property.  

The City of Huntington Beach planning commission needs to void this project immediately.  The HBCSD has no leg to stand on that they are sovereign regarding managing their property.  The HBCSD needs to understand that they can't operate "any" type of operation on their school properties.  They are only sovereign when the "use" is for classroom use.  State law is clear.  Operations other than classrooms for kids must receive municipal approval.  The fact that they continue to operate an "unhoused" maintenance yard, since 2019, without a city CUP needs also to be addressed.  The HBCSD is not above the laws of the state or city zoning code.   

Thank you very much for your anticipated cooperation.

Please feel free to call me on my mobile. I'd love to discuss this vital issue.  

Robert Granger
714-404-7140
21232 Breton Lane
Huntington Beach, CA 92646

Reference Links

1.  Laws of California  
2. California Code of Regulations 
3.  Supporting Case Laws on Non-Classroom Facilities 
4.  Huntington Beach City Charter
5.  City Charter Zoning Codes
6.  Title 5, Education Code 53094
7.  Letter  from DSA Director Ron LaPlant