REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Travis Hopkins, City Manager
VIA: Jennifer Villasenor, Director of Community Development
PREPARED BY: Madalyn Welch, Senior Planner
Subject:
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Appeal of Planning Commission’s Action on Coastal Development Permit No. 26-006 (205 Pecan ADUs)
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Statement of Issue:
Transmitted for the City Council’s consideration is the appeal filed by City Council Member Andrew Gruel, of the Planning Commission’s action on Coastal Development Permit (CDP) No. 26-006, a request to permit two, approximately 420 sq. ft. and 480 sq. ft. detached accessory dwelling units (ADUs) on an existing multi-family property at an overall height of two stories (18 ft). The appellant submitted a letter to City staff on September 17, 2026, requesting the item be appealed to the City Council (Attachment No. 4).
Financial Impact:
Not Applicable
Action(s):
recommendation
The City Council may take one of the following actions:
A) Find Coastal Development Permit No. 26-006 exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303, Class 3; and Approve Coastal Development Permit No. 26-006 with suggested findings and conditions of approval (Attachment No. 1); or,
B) Do not make the suggested findings, which will result in a mandatory denial per Section 245.30 of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) (Attachment No. 2 - PC Action); or,
C) Continue Coastal Development Permit No. 26-006 and direct staff accordingly.
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Analysis:
A. PROJECT PROPOSAL:
Applicant: Marcus Kemmerer, 228 Crest Avenue, Huntington Beach, CA 92648
Location: 205 Pecan Avenue, 92648 (northwest corner of Lake Street and Pecan Avenue)
Coastal Development Permit No. 26-006 - To permit two, approximately 420 sq. ft. and 480 sq. ft. detached accessory dwelling units (ADUs) on an existing multi-family property at an overall height of two stories and 18 ft.
B. PLANNING COMMISSION MEETING AND RECOMMENDATION:
On September 8, 2026, the Planning Commission held a public hearing regarding the Coastal Development Permit. The applicant and property owner were present to answer questions. There were no other speakers at the meeting. During the hearing, Commissioner Thienes expressed concerns with insufficient parking onsite and project impacts on parking in the vicinity. The Planning Commission then voted to deny the coastal development permit (Attachment No. 2).
Planning Commission Action on September 8, 2026:
A motion was made by Goldberg, seconded by Bush, to uphold the Zoning Administrator’s action to approve CDP No. 26-006 with suggested findings and conditions of approval by the following vote:
AYES: Goldberg, Bush
NOES: Thienes, Palmer, Babineau, Clifford
ABSTAIN: None
MOTION FAILED
A motion was made by Babineau, seconded by Thienes, to deny CDP No. 26-006 with a finding for denial by the following vote:
AYES: Thienes, Palmer, Babineau, Clifford
NOES: Goldberg, Bush
ABSTAIN: None
MOTION PASSED
C. APPEAL:
On September 17, 2026, the project was appealed by City Council Member Andrew Gruel citing concerns with a lack of a legally sufficient basis for denying the requested permit given no evidence presented at the hearing establishes that the proposed ADUs would create or affect a specific threat to public health and safety, fail to satisfy an applicable objective standard, or otherwise violate state or local law (Attachment No. 4). The appeal further mentions the speculative nature of the denial based on generalized neighborhood concerns and potential future condominium conversions.
D. STAFF ANALYSIS:
The September 8, 2026 Planning Commission staff report provides a more detailed description and analysis of the proposed CDP (Attachment No. 5). Per ADU state law, objective development standards cannot be imposed on ADUs that comply with requirements of Government Code Section 66323. The ADUs as proposed, comply with state law. The development is located on a site that is already developed with adequate public services and infrastructure. The site has three existing parking spaces and the proposed location of the ADUs will not encroach into the parking area or remove existing parking spaces on site. The proposed ADUs meet the standards of State Law and comply with the Local Coastal Program and Coastal Act by providing housing units within the coastal zone without affecting coastal access or resources.
Environmental Status:
The project is categorically exempt from CEQA pursuant to Chapter 3, Section 15303 for new construction or conversion of small structures because the project consists of the construction of two accessory dwelling units on a site with an existing triplex located in an urbanized, previously developed area.
Strategic Plan Goal:
Non Applicable - Administrative Item
Attachment(s):
1. Staff’s Suggested Findings and Conditions of Approval
2. Planning Commission Notice of Action with Finding for Denial
3. Site Plan received and dated August 6, 2026, Floor Plans and Elevations received and dated May 28, 2026
4. Appeal Letter received and dated September 17, 2026
5. Planning Commission Staff Report of September 8, 2026
6. Photos
7. Vicinity Map
8. Code Requirements
9. PowerPoint Presentation