PLANNING COMMISSION STAFF REPORT
TO: Planning Commission
FROM: Jennifer Villasenor, Director of Community Development
BY: Marco Cuevas Jr., Associate Planner
SUBJECT:
title
APPEAL OF THE ZONING ADMINISTRATOR’S APPROVAL OF CONDITIONAL USE PERMIT NO. 24-016 AND COASTAL DEVELOPMENT PERMIT NO. 24-011 (TRAN RESIDENCE)
REQUEST:
To demolish an existing two-story residence and construct a 5,671 sq. ft. three-story single-family dwelling with a three-car garage at an overall height of 34 ft. 1 in.
LOCATION:
16741 Carousel Lane, 92649 (Humboldt Island in Huntington Harbour)
body
APPELLANT: David and Kimberly Tran
APPLICANT:
Javier Sevenello, Jeanette Architects, 296 Redondo Avenue, Long Beach, CA 90803
PROPERTY
OWNER:
David and Kimberly Tran, 16741 Carousel Lane, Huntington Beach, CA 92649
In considering this request, the Planning Commission may either uphold the Zoning Administrator’s decision (with or without modifications) or take an alternative action.
ZONING ADMINISTRATOR ACTION:
recommendation
A) Find the proposed project categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303, Class 3; and
B) Approve Conditional Use Permit No. 24-016 and Coastal Development Permit No. 24-011 with suggested findings and conditions of approval (Attachment No. 1)
end
ALTERNATIVE ACTION(S):
A) Approve Conditional Use Permit No. 24-016 and Coastal Development Permit No. 24-011 with modified findings and conditions of approval (Appellant’s Request); or
B) Do not make the suggested findings, which will result in a mandatory denial per Section 241.10(C) and Section 245.30 of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO); or
C) Continue Conditional Use Permit No. 24-016 and Coastal Development Permit No. 24-011 and direct staff accordingly.
PROJECT PROPOSAL:
The project includes the following requests: Conditional Use Permit (CUP) No. 24-016/Coastal Development Permit (CDP) No. 24-011 - To demolish an existing residence and construct a 5,671 sq. ft. three-story single-family dwelling with a three-car garage at a height of 34 ft. 1 in. (Attachment No. 2)
Zoning Administrator Action:
The Zoning Administrator (ZA) held a public hearing on October 15, 2025, to consider the proposed project. The property owner, David Tran, the property owner’s daughter, Jacqueline Lang, and the builder, Matthew Caldwell, were present to speak on behalf of the project and answer questions. There were no speakers in opposition to the proposed project (Attachment No. 4).
Staff reported that the project was in compliance with all development standards for the RL (Residential Low Density) zoning designation, including maximum height, lot coverage, and minimum building setbacks. Staff further explained that the proposed third floor, as modified with conditions, would be designed within the confines of the second-floor roof volume and the third-floor balcony oriented toward the public right of way (channel). The conceptual plans were also reviewed by the Fire and Public Works Departments, and the Building Division for comments and, if approved, would be reviewed for code compliance and permitting during the building plan check process.
While the ZA agreed with staff’s findings, the following conditions were added to the conditions of approval:
• 1.a. The habitable area above the second story plate line shall be designed to be within the confines of the roof volume and reach the second story top plate.
• 1.b. The maximum height of the structure shall not exceed 30 feet.
The ZA considered compatibility and variety of existing single-family dwellings including those above and below 30 feet in height within the neighborhood and vicinity and determined that limiting the project to a maximum height of 30 feet would be more consistent with the neighborhood. With these added conditions, the ZA approved the project with staff’s suggested findings and modified conditions of approval (Attachment No. 3).
Appeal:
On October 27, 2025, following the ZA’s action, the project was appealed by Jacquelyn Lang, on behalf of the property owner, David Tran, citing that the added condition 1.b limiting the maximum height of the structure to not exceed 30 ft. in height was arbitrary and unsupported (Attachment No. 5).
Architectural consistency and compatibility with the neighborhood
There is a range of single story, two-story and three-story homes located in Huntington Harbour, many of which are located along the channel. The proposed three-story residence, as conditioned, will conform to the City’s zoning ordinance. Specifically, the structure will appear as a two-story structure with all third-floor habitable area (as conditioned) within the confines of the roof volume. Exceptions for vertical projections include dormers and decks provided those features are setback a minimum of five feet from the exterior of the building and meet height requirements. Open decks and balconies must be oriented towards the public right of way. In this case, the proposed third floor deck is oriented toward the channel.
On a historical note, the City Council adopted an ordinance in 1992 to regulate third-story design applicable to single-family homes in low density residential districts. Between 1986 and 1992, the zoning code permitted three stories without design limitations subject to approval of a CUP by the Planning Commission. Before 1986, third story construction was permitted by right provided the overall height did not exceed 30 feet.
Prior to adoption of the three-story ordinance in 1992, a Harbor Code Committee was created by the City Council to review three-story construction in Huntington Harbour. The focus of the committee was to review design requirements taking into account issues of compatibility with the surrounding neighborhood. The committee ultimately determined not to prohibit third stories, but allow them subject to restrictions on size, design and interior use. Such restrictions were intended to minimize the obtrusiveness of third stories and maximize compatibility with surrounding one- and two-story homes. These provisions are incorporated in the current zoning code and the project (as conditioned) complies with them.
Since the adoption of the third-story ordinance in 1992, third-story single-family dwellings that exceed 30 feet in height up to maximum 35 feet have been approved throughout Huntington Harbour. The applicant cited this in their appeal. The zoning code requires a proposed third story to be within the confines of the second-story roof volume and roofs to have a minimum 5/12 pitch if the dwelling exceeds a height of 30 feet. This allows for a traditional pitched roof design which minimizes building bulk to compensate for the added height and is compatible in many neighborhoods. The roof segment over 30 feet in height is usually found in the more central portion of the roof away from abutting properties thereby minimizing any impacts. The required roof pitch may also result in a smaller third floor further enhancing compatibility. In this case, the proposed third floor habitable space is noted on the plans as 519 square feet with a 70 square foot balcony.
Three-story single-family dwellings that propose not to exceed 30 feet in height must still design the third story within the confines of the second-story roof volume, but are not required to have a traditional pitched roof with a minimum 5/12 pitch. Instead, these dwellings usually incorporate a mansard-style roof with a mostly flat roofline that presents a boxy form that allows the third-floor space to be maximized. Additionally, applicants could design homes with lower ceiling heights and minimize floor areas, but it is uncommon for residents to request smaller homes. A variety of these designs have been approved in Huntington Harbour over the decades.
Humboldt Island includes a variety of single story to three-story homes that have a diverse range of architectural styles. While there are examples of dwellings approved and constructed in Huntington Harbour and on Humboldt Island at heights up to 35 feet, the Zoning Administrator modified maximum height of 30 feet is supported by other approved and constructed homes in the immediate vicinity of the project site as well as the general Huntington Harbour area. Two- and three-story homes in the area generally range in height from 25 to 35 feet. Therefore, the height of the proposed single-family dwelling, as conditioned by the Zoning Administrator (i.e. - 30 feet), would be compatible with other two- and three-story homes in the area. The adjacent property directly south is developed with a two-story home with a rooftop deck at 33 ft. high. The adjacent property directly north had a CDP and CUP approved in 1988 for a 30 ft. high two-story home. In addition, two recently approved three-story single-family dwellings in Huntington Harbour were proposed or conditioned at a maximum height of 30 feet. As such, the Zoning Administrator approved the subject CUP and CDP with modified conditions to ensure that the single-family dwelling would 1) comply with zoning code requirements for third story habitable area and 2) be more consistent with the building height of directly adjacent properties and recently approved homes in Huntington Harbour.
ISSUES AND ANALYSIS:
Subject Property and Surrounding General Plan Designations, Zoning and Land Uses:
|
LOCATION |
GENERAL PLAN |
ZONING |
LAND USE |
|
Subject Property: |
RL (Residential Low Density) |
RL-CZ (Residential Low Density - Coastal Zone Overlay) |
Residential |
|
North, South, East, and West (across channel) of Subject Property: |
RL |
RL-CZ |
Residential |
General Plan Conformance:
The project is consistent with the Land Use Element designation of RL (Residential Low Density) on the subject property and with the following goal and policies of the General Plan:
Land Use Element
Goal LU-1: New commercial, industrial, and residential development is coordinated to ensure that the land use pattern is consistent with the overall goals and needs of the community.
Policy LU-1(A): Ensure that development is consistent with the land use designations presented in the Land Use Map, including density, intensity, and use standards applicable to each land use designation.
Policy LU-1(D): Ensure that new development projects are of compatible proportion, scale, and character to complement adjoining uses.
Policy LU-4(D): Ensure that single-family residences are of compatible proportion, scale, and character to surrounding neighborhoods.
The proposed project complies with requirements of the base RL zoning district including parking, building setbacks, building height, lot coverage, and privacy design standards. Huntington Harbour is developed with single story, two-story and three-story homes ranging in height of up to 35-feet. This project, as conditioned, will be compatible with other two-story and three-story homes in the area. The proposed third-floor habitable space (as conditioned) is designed within the confines of the second-story roof volume ensuring compatibility with other multi-story homes in the area including those directly adjacent to the subject property. As required by code, the proposed third-floor balcony deck will be oriented toward the channel and will be setback a minimum of five feet from the building exterior. This code requirement provides privacy for abutting properties.
Zoning Compliance:
The proposed project complies with the provisions in Titles 20-25 of the HBZSO including setbacks, building height, minimum landscape, privacy standards, and parking requirements as demonstrated in the table below:
|
STANDARD |
REQUIRED |
PROPOSED |
|
Setbacks Front Side Rear Garage |
Min. 15 ft. Min. 5 ft. Min. 10 ft. Min. 20 ft. |
20 ft., 5 in. 5 ft. 10 ft. 20 ft., 5 in. |
|
Lot Coverage (Building Footprint) |
Max. 50% of 5,289 sq. ft. 2,644.5 sq. ft. |
49.8% 2,632 sq. ft. |
|
Building Height |
Max. 35 ft. |
34 ft., 1 in. |
|
Landscaping |
Min. 40% of front setback 214 sq. ft. |
226 sq. ft. |
|
Parking |
Min. 3 enclosed, 3 open |
3 enclosed, 3 open |
Single-family residences proposed over 30 feet in height or with any habitable living space above the second floor, including roof top decks, are subject to approval of a Conditional Use Permit (CUP) by the Zoning Administrator. Within the RL zoning designation, residential projects that do not include improvements above the second floor are not subject to a CUP, do not need a public hearing, and may proceed directly to the building permit process. As detailed in the table above, the proposed single-family dwelling complies with minimum RL development standards but is subject to CUP approval due to the proposed third floor. A Coastal Development Permit (CDP) is required for new construction on a waterfront lot.
The subject property is approximately 5,671 sq. ft., which is comparable to the typical 5,000 to 6,000 sq. ft. lots for single-family homes in Huntington Harbour. Homes in the neighborhood vary between single-story, two-stories, and three-stories with a maximum height of 35 feet. The proposed three-story residence is consistent with residential developments that have been built throughout Huntington Harbour within the same zoning district.
As older properties redevelop, projects are typically designed to the fullest extent allowed by the Huntington Beach Zoning and Subdivision Ordinance (HBZSO). The new residence is consistent with the requirements of the zoning district and will be compatible with the area. The third-floor space (as conditioned) is designed within the confines of the second-floor roof volume, which facilitates the structure’s resemblance to a two-story home. The building height, as conditioned, and appearance of a two-story home are similar to the proportion and scale of two- and three-story homes in the area. Furthermore, the third-floor balcony deck is setback five feet from the building exterior and is oriented towards the rear (channel), which will maintain privacy for abutting residences.
Urban Design Guidelines Conformance:
The proposed single-family residence is designed to convey a high level of quality and a character that incorporates quality materials and design such as stucco siding, ornamental iron railings, and a clay tile roof which are consistent with the City of Huntington Beach Urban Design Guidelines. Although the applicant is proposing a three-story structure, the third story (as conditioned) is designed within the confines of the second-story roof volume. The third-floor balcony is setback from the second story building exterior to provide articulation and reduce massing.
Environmental Status:
The project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15303 of the CEQA Guidelines because the project would develop a single-family residence within an existing urbanized residential zone.
Coastal Status:
The project involves the removal and replacement of a single-family residence that is located within the appealable area of the Coastal Zone. The proposed residence with third floor habitable area is subject to the requirements of HBZSO Chapter 245, and a Coastal Development Permit is required.
Other Departments Concerns and Requirements:
The Departments of Community Development, Fire, and Public Works have reviewed the project and identified a list of code requirements (Attachment No. 6) applicable to the project.
Public Notification:
Legal notice was published in the Huntington Beach Wave on November 27, 2025, and notices were sent to property owners of record and tenants within a 500 ft. radius of the subject property, individuals/organizations requesting notification (Planning Division’s Notification Matrix), applicant, and interested parties.
Application Processing Dates:
|
DATE OF COMPLETE APPLICATION: |
MANDATORY PROCESSING DATE(S): |
|
July 29, 2025 |
Not applicable to appeals |
This item was originally presented to the Zoning Administrator on October 15, 2025.
SUMMARY:
The Planning Commission may approve the proposed project based on the following summary of findings (Attachment No. 1):
• Complies with the General Plan including the Local Coastal Program;
• Consistent with the requirements of the base zoning district, as well as other applicable provisions of the Municipal Code;
• Compatible with the existing surrounding uses in proportion, scale, and character; and
• Incorporates quality materials and design such as stucco siding, ornamental iron railings, a clay tile roof, and building articulation.
ATTACHMENTS:
1. Suggested Findings and Conditions of Approval
2. Plans received and dated September 23, 2025
3. ZA Notice of Action
4. ZA Meeting Minutes
5. Appeal received and dated October 27, 2025
6. Code Requirements
7. Vicinity Map
8. Project Narrative
9. Photos of Project Site and Neighboring Properties
10. PowerPoint