PLANNING COMMISSION STAFF REPORT
SUBMITTED TO: Planning Commission
SUBMITTED BY: Jennifer Villasenor, Director of Community Development
PREPARED BY: Marco Cuevas Jr., Associate Planner
SUBJECT:
title
CONDITIONAL USE PERMIT NO. 24-008 (LIBERTY DUPLEX) - APPEAL
REQUEST:
To demolish a single-family residence and construct a three-story approximately 5,200 sq. ft. duplex at an overall height of 32 feet.
LOCATION:
7812 Liberty Drive, 92647 (South side of Liberty Drive, West of Beach Boulevard)
body
APPELLANT: Council Member Pat Burns
APPLICANT:
Ernest Little, 16651 Gothard Street, Suite A-1, Huntington Beach, CA 92648
PROPERTY
OWNER:
Natalie Nguyen, 18452 Tytris Way, Yorba Linda, CA 92866
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.
B) Approve Conditional Use Permit No. 24-008 with suggested findings and conditions of approval (Attachment No. 1).
end
ALTERNATIVE ACTION(S):
A) Do not make the suggested findings, which will result in a mandatory denial per Section 241.10 (C) of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO); or
B) Continue Conditional Use Permit No. 24-008 and direct staff accordingly.
PROJECT PROPOSAL:
The project includes the following request:
Conditional Use Permit (CUP) No. 24-008 - To demolish a single-family residence and construct a three-story approximately 5,200 sq. ft. duplex at an overall height of 32 feet pursuant to Huntington Beach Zoning and Subdivision Ordinance (HBZSO) Section 210.05 (C).
Each unit in the duplex has four bedrooms and a two-car garage. The construction of a two-story detached building consisting of two accessory dwelling units (ADUs) at the rear of the property are permitted by right under state law and not subject to review of this CUP. HBZSO Section 230.10 does not apply and has been superseded by state law since 2020.
Zoning Administrator Action:
The Zoning Administrator (ZA) held a public hearing on March 4, 2026, to consider the proposed CUP. The project applicant was present to answer questions. There were no speakers in opposition to the request, nor any written communications received.
Staff reported that the project was in compliance with all development standards for the RM (Residential Medium Density) zoning designation including maximum height, lot coverage, and minimum building setbacks. Staff further explained that the third floor is setback 10 feet from the building frontage and is setback a minimum of nine feet from the side property lines, which minimizes the visual mass and bulk of the structure. The zoning code states that multi-family development exceeding 25 feet in height in the RM zoning district is permitted with the approval of a CUP. The conceptual plans were also reviewed by the Fire and Public Works Departments, and the Building Division for comments and, if approved, will be further evaluated for code compliance (Attachment No. 6) during the building permit plan check process.
The ZA considered compatibility and the variety of the multi-family dwellings including those above and below 25 feet in height within the neighborhood and determined that project met the CUP findings for approval.
Lastly, staff mentioned that the project includes the construction of a two-story detached building consisting of two ADUs at the rear of the property that are not subject to the approval of a CUP, as they are allowed by right in compliance with state regulations pertaining to ADUs.
Appeal:
On March 9, 2026, following the ZA’s action, the project was appealed by City Council Member Pat Burns citing concerns with the approved height of the duplex at 32 ft. and with the approved density.
Height and density
The RM district permits a maximum height of 35 feet. Pursuant to HBZSO Section 210.04(C), multiple family residential development that includes buildings exceeding 25 feet in height are subject to approval of a conditional use permit. To ensure compatibility with the surrounding neighborhood, improvements such as building articulation, setbacks, façade treatments, and landscaping are incorporated to visually address bulk and massing of new development while still providing opportunity to build to code. The neighborhood consists of a mix of single-, two-story and three-story single-family and multi-family dwellings. The proposed three-story duplex is set back 42 feet from the front property line, which exceeds the minimum 15-foot front setback requirement. The third-floor habitable area of each unit is 538 sq. ft. and setback an additional 10 feet from the front facade and four feet from the sides of the building, which minimizes the visual mass of the upper story. The third-floor balconies are also oriented towards the public right of way. The building is composed of horizontal siding and varying stucco colors with facade articulation at each level provided by offsets and metal canopies. Landscaping is provided primarily along the perimeter of the site with trees and within open space areas. Pedestrian walkways are provided on the sides of the building for greater accessibility for residents and visitors.
Recent three-story residential projects the Planning Commission has approved include townhomes at Pearce Dr. and Green Ln. (4861 Pearce Dr.), Main St. and Garfield Ave. (19070 Holly Ln.), Essex & Gage (7225 Edinger Ave. - former Brandywine townhomes), and Indianapolis Ave. and Beach Blvd. (910 Georgia St.). Midway Concepts Mixed Use development, which was approved by the Planning Commission in 2024 and located near the subject property at the corner of Speer Dr. and Beach Blvd., will be a four-story development with three floors of residential above one floor of commercial. Additionally
The proposed duplex complies with the maximum density in the RM zoning district which permits a maximum of three dwelling units at the project site (8,920 square foot net lot / 2,904 min. lot area per dwelling unit). ADUs do not count towards the permitted density in the zoning district.
ISSUES AND ANALYSIS:
Subject Property And Surrounding General Plan Designations, Zoning And Land Uses:
|
LOCATION |
GENERAL PLAN |
ZONING |
LAND USE |
|
Subject Property: |
RM (Residential Medium Density) |
RM (Residential Medium Density) |
Residential |
|
North, South, East, and West of Subject Property: |
RM |
RM |
Residential |
General Plan Conformance:
The project is consistent with the Land Use Element designation of RM (Residential Medium 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 is consistent with the requirements of the base zoning district such as parking, building setbacks, building height, and lot coverage. The overall height will be compatible with surrounding properties because the building incorporates upper story setbacks and varying façade treatments to minimize bulk and scale of the structure. The proposed decks/balconies will be oriented toward the rear and public street, minimizing privacy impacts on adjoining 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 |
Min. 15 ft. Min. 5 ft. Min. 10 ft. |
42 ft.-3 in. 5 ft. 10 ft. |
|
Lot Coverage (Building Footprint) |
Max 50% of 8,920 sq. ft. lot (4,460 sq. ft.) |
45% (4,050 sq. ft.) |
|
Building Height |
Max 35 ft. |
32 ft. |
|
Landscaping |
Min 40% of front setback = 396 sq. ft. |
470 sq. ft. |
|
Parking for duplex |
Total 6 spaces (Min. 2.5 per 3+ bedroom unit (1 enclosed) plus .5 guest parking) |
Total 6 spaces (4 enclosed, 2 open) |
|
Density |
Max 3 dwelling units (1 dwelling per 2,904 sf of net lot area) |
2 dwelling units (ADUs do not count towards the base zoning density and subject to State ADU Law) |
Multi-family residences proposed over 25 feet in height are subject to approval of a CUP by the Zoning Administrator. The improvements associated with the duplex, including landscaping, parking, and design are under the purview of the CUP. No aspect of the two ADUs are subject to the HBZSO as they are regulated by State ADU Law.
Per State ADU Law, local agencies may permit an attached, detached, or converted ADU on a lot that is zoned to allow multifamily residential use and includes an existing or proposed dwelling (Gov. Code, 66314, subds. (d) (2), (d)(3)). Furthermore, the property owner is allowed to add two detached ADUs in conformance with state regulations. Since 2020, HBZSO Section 230.10 does not apply and is superseded by State ADU Law, which has been updated throughout the years. The proposed ADUs are allowed by right and not subject to approval of a CUP nor RM density. In addition, the proposed ADUs are located within one-half mile (2,640 ft.) walking distance of public transit and not required to provide additional parking. In this case, the site is within 800 ft. of public transit located on Beach Boulevard.
Urban Design Guidelines Conformance:
The proposed multi-family residential structure is designed to convey a high level of quality and character that incorporates quality materials and design such as stucco and board and batten siding with colored accents consistent with the City of Huntington Beach Urban Design Guidelines. The third-floor habitable space has upper story setbacks to provide articulation and reduce mass. The site is served by one central driveway, which provides access to garages and guest parking, similar to other multi-family developments in the vicinity. Perimeter landscaping will enhance the aesthetics of the site for compatibility with the neighborhood.
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 involves new construction of a duplex or similar multi-family residential structure, totaling no more than four dwelling units.
Coastal Status:
Not applicable
Design Review Board:
Not applicable
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 April 30, 2026, 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): |
|
January 6, 2026 |
Not applicable to appeals |
This item was originally presented to the Zoning Administrator on March 4, 2026.
SUMMARY:
The Planning Commission may approve the proposed project based on the following summary of findings (Attachment No. 1):
• Complies with the General Plan
• Consistent with requirements of the base zoning district, as well as other applicable provisions of the Municipal Code; and
• Compatible with the existing surrounding uses
ATTACHMENTS:
1. Suggested Findings and Conditions of Approval
2. Plans received and dated May 5, 2026.
3. ZA Notice of Action
4. ZA Meeting Minutes
5. Appeal received and dated March 9, 2026
6. Code Requirements
7. Vicinity Map
8. Project Narrative
9. Property Photos
10. PowerPoint