The council voted unanimously to override the Orange County Airport Land Use Commission’s recent finding that the Housing Element is inconsistent with the Los Alamitos JFTB Airport Land Use Plan. This cleared the way for the council to update the Housing Element of the General Plan. The state requires updates to the Housing Element on a regular basis. The Housing Element still has to go to the state government for approval.
The vote was part of a package of multiple decisions: unanimously approving an update to the Zoning Code, an update to the Main Street Specific Plan, the Zoning Map, and certifying the Final EIR for the citywide changes to the Zoning Code. The council had to cast multiple votes to carry out those tasks.
The meeting started around 7 p.m. It ended at 11:05 p.m. The public hearing lasted nearly three hours.
The council vote came following a public hearing. During the public hearing, approximately 12 people raised concerns about potential traffic impacts if zoning changes allowed more development. Six locations in Seal Beach will be rezoned to allow housing. (See below for some details.) Many were concerned about the potential development of the Old Ranch Country Club. (The potential development project was counted toward the state mandate of potential living units in town. However, the project was not being approved on this occasion.) Others were concerned about the potential development of Marina Drive.
The updated housing element is for the period 2021 to 2029.
Official comments
The following is not a transcript but highlights from the meeting.
According to City Attorney Nick Ghirelli, Seal Beach could move some of the potential units to other places. But that would require a new environmental impact report. “So there’s not a lot of options other than to overrule ALUC,” he said.
District Four Councilwoman Patty Senecal cited multiple lawsuits and settlements that had favored the California Housing and Community Development Department. (That’s the state agency that will have the final say on the Seal Beach Housing Element.) She also said the city was four years out of compliance with the Housing Element requirement. According to Senecal, Seal Beach could be fined from $10,000 to $50,000 a month if the Housing Element is not certified.
Senecal said the Housing Element was not perfect, but their hands were tied. She supported approving the override of the OC Airport Land Use Commission.
District Five Councilman Nathan Steele said he felt like he was being forced to do something that was against his nature. “Sacramento stinks. HCD stinks,” he said. He supported voting to override the OC Airport Land Use Commission.
District Three Councilwoman/Mayor Lisa Landau said: “My opinion, I feel like it’s the lesser of two evils.”
What will change
The changes to the Housing Element and to the Zoning Code will meet a state mandate that Seal Beach plan to allow the potential construction of 1,243 residential units. To meet that requirement, Seal Beach will change the zoning for six sites in town.
However, under current law, the city cannot legally require property owners to build any of them. Neither can the state.
As part of the Zoning Code change, commercial areas will be rezoned to allow residential housing. The new Mixed Commercial/Residential High Density Zone will allow a minimum 40 residential units per acre and a maximum of 46, according to the staff report.
The Zoning Code change was approved by the Planning Commission on Oct. 6.
“Commissioner [Calvin] Mingione expressed concern that the Zone Text Amendment was written in a way that could unintentionally make it difficult for commercial uses in the new mixed-use zone to switch from one commercial use to another without being classified as non-conforming as they would not include new residential use,” according to the staff report by Interim Community Development Director Shaun Temple.
Mingione represents District One on the Planning Commission.
“Staff explained the residential requirement was intended for new development and not for the switch of commercial uses within an existing structure,” Temple wrote.
The Main Street Specific Plan was amended to allow residential use on the second floor. (On the ground, Main Street won’t change.)
Background
Among the areas included in the Housing Element for potential new residential sites is the Old Ranch Country Club. The Old Ranch sight is not currently zoned for housing but might be when Seal Beach officials consider the proposed Old Ranch Specific Plan. As part of the city’s effort to meet the requirement to plan for 1,243 units, Seal Beach has included the potential housing on the Old Ranch site in the Housing Element.
However, Old Ranch is in the jurisdiction of the JFTB Airport Environs Land Use Plan. For that reason, Seal Beach had to submit the update to the Housing Element as proposed to the Orange County Airport Land Use Commission. The package to the ALUC also included the Zoning Code, Zoning Map, and Main Street Specific Plan.
The county commission looked at the issue on Aug. 7, according to Temple’s staff report.
“Without discussion, the ALUC voted unanimously (5-0) to find the Housing Element and each proposed Zoning Code amendments to be inconsistent with the AELUP [Airport Environs Land Use Plan],” Temple wrote.
According to Temple’s report, the Public Utility Code requires a city to give the airport land commission and the California Department of Transportation Aeronautics Division at least 45 days prior notice and hold a public hearing before a city can override a county airport commission’s decision.
The staff report said the City Council had three options:
• Do nothing. “Staff does not recommend this option, as it is likely to result in the ALUC imposing a requirement to review all land use actions, regulations, and permits under PUC Section 21676.5, which would substantially delay entitlement and building permit processes including those related to meeting the City’s RHNA [Regional Housing Needs Assessment],” Temple wrote.
The RHNA is the source of the requirement Seal Beach plan for 1,243 homes.
“Moreover, based on the letter from the California Department of Housing and Community Development (HCD) written to the City of Los Alamitos, it seems clear HCD will not certify the Housing Element if the City does not overrule the ALUC,” Temple wrote.
• Choose other sites for new housing, amend the Housing Element and resubmit the document to the Airport Land Use Commission. “The City would need to identify alternative sites for new housing units that HCD would find acceptable, amend the Housing Element, and submit it to HCD for consideration. Much like the process that unfolded over the last four years, staff expects such an option would take years to accomplish, placing the City at risk of fines, litigation, and builder’s remedy projects. Additionally, the current EIR would be rendered unusable, and a new one may need to be completed,” Temple wrote.
• Overrule the ALUC. Staff recommended overruling the county airport land commission.
Liability
Liability issues have been raised.
Some College Park East area residents have expressed concerns about Seal Beach’s liability exposure if anything is built on the Old Ranch property and there is an airplane crash. (The council in July 2025 extended its contract with Psomas to develop an environmental impact report for the Old Ranch site.)
“The discussion of liability is a complex one, particularly in this case, where the airport is operated by the military, specifically the U.S. Army,” Temple wrote.
“Generally speaking, the U.S. Government is already exempt from liability for accidents resulting from military activities,” Temple wrote.
“The PUC does not provide immunity to any other entities, including other aircraft operators. Further, the Government Code grants immunity to jurisdictions from liability related to issuing a permit,” Temple wrote.
“Ultimately, developers assume liability for their projects,” Temple wrote.
