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File #: 25-679   
Type: Public Hearing Status: Agenda Ready
File created: 8/18/2025 In control: City Council/Public Financing Authority
On agenda: 9/16/2025 Final action:
Title: Appeal of Planning Commission's Action on Conditional Use Permit No. 24-032 and Coastal Development Permit No. 24-036 (Vu Residence)
Attachments: 1. Att #1 Suggested Findings & Conditions of Approval, 2. Att #2 Site Plans, Floor Plans & Elevations - 4-8-2025, 3. Att #3 Mayor Pat Burns Appeal, 4. Att #4 Draft PC Minutes of July 8, 2025, 5. Att #5 PC Notice of Action dated July 9, 2025, 6. Att #6 Planning Commission Staff Report of July 8, 2025, 7. Att #7 Zoning Administrator Minutes - May 21, 2025, 8. Att #8 Code Requirements, 9. Att #9 Vicinity Map, 10. Att #10 Photos of Project Site and Neighboring Properties, 11. Att #11 PowerPoint Presentation
Date Action ByActionResultAction DetailsMeeting DetailsVideo
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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: Wayne Carvalho, Contract Planner

Subject:
title
Appeal of Planning Commission's Action on Conditional Use Permit No. 24-032 and Coastal Development Permit No. 24-036 (Vu Residence)
body
Statement of Issue:
Transmitted for City Council's consideration is the appeal filed by Mayor Pat Burns of the Planning Commission's action on Conditional Use Permit (CUP) No. 24-032 and Coastal Development Permit (CDP) No. 24-036, a request to demolish an existing residence and construct a 7,392 sq. ft., 3-story single-family dwelling at a height of 35 ft. with an attached 682 sq. ft. 3-car garage, a 35 sq. ft. 2nd floor balcony, and two (2) 3rd floor balconies totaling 166 sq. ft.

Financial Impact:
Not Applicable

Planning Commission Action:
recommendation
A) Find Conditional Use Permit No. 24-032 and Coastal Development Permit No. 24-036 exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303, Class 3.

B) Approve Conditional Use Permit No. 24-032 and Coastal Development Permit No. 24-036 with suggested findings and conditions of approval (Attachment No. 1).
end
Alternative Action(s):

The City Council can take one of the following alternative actions:

A) Do not make the suggested findings, which will result in mandatory denial per Section 241.10(C) of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO).

B) Continue Conditional Use Permit No. 24-032 and Coastal Development Permit No. 24-036 and direct staff accordingly.

Analysis:

A. PROJECT PROPOSAL:

Applicant: ANHA Studio, 13472 Jessica Dr., Garden Grove, CA 92843

Location: 16482 Somerset Lane, 92649 (Gilbert Island in Huntington Harbour)

Conditional Use Permit (CUP) No. 24-032 and Coastal Development Permit (CDP) No. 24-036 - to demolish an existing residence and construct a 7,392 sq. ft., 3-story single-family dwelling at a height of 35 ft. with an attached 682 sq. ft. 3-car garage, a 35 sq. ft. 2nd floor balcony, and two (2) 3rd floor balconies totaling 166 sq. ft.

B. BACKGROUND:
The project was initially considered at the May 21, 2025 Zoning Administrator meeting. Following a public hearing, the project was approved with conditions (Attachment No. 7). The Zoning Administrator's action was appealed to the Planning Commission by Mayor Pat Burns. A Planning Commission meeting to hear the appeal was scheduled for July 8, 2025.

C. PLANNING COMMISSION MEETING AND RECOMMENDATION:
On July 8, 2025, the Planning Commission held a public hearing on the project. There was one speaker in support of the item (Attachment No. 4).

Planning Commission Action on July 8, 2025:

A MOTION WAS MADE BY BUSH, SECONDED BY MCGEE, TO FIND THE PROPOSED PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO SECTION 15303, CLASS 3; AND APPROVE CONDITIONAL USE PERMIT NO. 24-032 AND COASTAL DEVELOPMENT PERMIT NO. 24-036 WITH SUGGESTED FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE:

AYES: Babineau, Bush, McGee
NOES: Pellman, Thienes, Palmer
ABSENT: None
ABSTAIN: None

MOTION FAILED

As a result of the tied vote, the Zoning Administrator's approval was upheld.

D. APPEAL:

On May 29, 2025, Mayor Pat Burns appealed the project citing that the proposed home is not compatible in proportion and/or scale to the surrounding neighborhood and that the proposed structure is not consistent with General Plan Land Use Policy LU-4 (D) (Attachment No. 3).

E. STAFF ANALYSIS:
The July 8, 2025 Planning Commission staff report (Attachment No. 6) provides a more detailed description and analysis of the proposed project. Lot sizes and homes in Huntington Harbour are generally larger than typical single-family residential lots. Three-story homes are also prevalent within the vicinity of the subject site. The proposed project, as conditioned, will be consistent with existing single-family homes in the neighborhood and comply with applicable code requirements, including confining the third floor habitable area within the second-story roof volume.

In summary, the City Council may approve CUP No. 24-032 and CDP No. 24-036 based on the following reasons:

1. The proposed project complies with requirements of the base RL zoning district including parking, building setbacks, building height, lot coverage, and privacy design standards.
2. Huntington Harbour is developed with single story, 2-story and 3-story homes ranging in height up to 35-feet.
3. The proposed third-floor habitable space is designed within the confines of the second-story roof volume promoting compatibility with other multi-story homes in the area.
4. As required by code, the proposed third-floor balcony decks will be oriented toward the public street and channel and will be setback five feet from the building exterior. This code requirement provides privacy for abutting properties.
5. The project is consistent with the goals and policies of the General Plan Land Use Element designation of RL (Residential Low Density) as demonstrated in Attachment No. 1. The proposed home is compatible with the existing surrounding uses in proportion, scale, and character.


Environmental Status:
CUP No. 24-032 and CDP No. 24-036 are categorically exempt pursuant to Section 15303, Class 3 of the California Environmental Quality Act because the project consists of construction of a new single-family residence in a residential zone.

Strategic Plan Goal:
Non Applicable - Administrative Item

Attachment(s):
1. Suggested Findings and Conditions of Approval - CUP No. 24-032 and CDP No. 24-036
2. Site Plans, Floor Plans and Elevations received and dated April 8, 2025
3. Mayor Burns Appeal dated May 29, 2025
4. Draft Planning Commission Minutes of July 8, 2025
5. Planning Commission Notice of Action dated July 9, 2025
6. Planning Commission Staff Report of July 8, 2025
7. Zoning Administrator Minutes of May 21, 2025
8. Code Requirements
9. Vicinity Map
10. Photos of Project Site and Neighboring Properties
11. PowerPoint Presentation