HUNTINGTON BEACH : County Said to Have Bolsa Chica Control

In a blow to the city’s hopes of regaining control of Bolsa Chica development, City Atty. Gail C. Hutton has told the City Council that the county of Orange rightfully has prime jurisdiction.

“The county has the authority to approve projects in the Bolsa Chica because it is in county territory,” Hutton said in a legal opinion. “The city has no authority to approve projects in county territory unless the county chooses to delegate that power.”

At issue is the proposed project of the Koll Co. on land around Bolsa Chica Ecological Reserve. The Koll Co. plan calls for 4,884 new homes in the area. Huntington Beach was designated “the lead agency” in overseeing the proposed development until the Koll Co. unexpectedly announced last month it would ask the county to oversee the development.

The Koll Co.’s move angered many on the City Council. The council majority launched action to try to regain control of the project. One such action was to seek a legal opinion of the city’s rights in the matter.

Hutton, who is an elected official, researched the law and sent an answer to the council last week. Her written opinion said the Koll Co. acted legally in dropping the city in favor of the county as prime regulator of the project.

Moreover, Hutton said the city has always operated under the county’s sufferance, as far as the Bolsa Chica is concerned. “The city was involved (as lead agency) with the project because the county allowed it to be involved,” Hutton said.

The City Council majority has argued that the Koll Co. plan should be subject to city standards because Huntington Beach surrounds the unincorporated Bolsa Chica. At one time, the Koll Co. had asked the city to annex the land. But Hutton noted that now “the annexation request has been withdrawn” by Koll.

Hutton said Koll Co. attorneys had informed her that the development company intends to prepare an entirely new environmental impact report to submit to the county.