The city of Huntington Beach has agreed to reconsider a twice-rejected 48-unit development proposed for the northeast corner of Beach Boulevard and Ellis Avenue, bringing litigation to at least a temporary halt.
Council members cited traffic safety as the main reason for their rejection. That issue also was cited by the Planning Commission.
“We believe it is not possible to deny the project lawfully,” Californians for Homeownership attorney Matthew Gelfand said Tuesday. But Gates said last month that “the city’s decision to decline or deny the 48-unit project had nothing to do with the anti-NIMBY act. The decision was made by the council because it was a very tall project in a very small space and based on public health and safety, including emergency access and other related issues.”
Under the Housing Accountability Act, there are only two bases for rejecting development projects that comply with zoning laws: planning staff was unreasonable in its assessment of the project or there are severe risks to public health and safety, Gelfand said.
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