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:
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Appeal of Planning Commission's Action on Conditional Use Permit No. 24-007 and Coastal Development Permit No. 24-005 (Voong Residence)
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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. 24-007 and Coastal Development Permit (CDP) No. 24-005, a request to demolish an existing residence and construct a new 7,696 sq. ft. 3-story single-family dwelling at a height of 30 ft., including a 715 sq. ft. two-car garage, 530 sq. ft. of second floor balconies, and a 110 sq. ft. third floor balcony.
Financial Impact:
Not Applicable
Planning Commission Action:
recommendation
A) Find Conditional Use Permit No. 24-007 and Coastal Development Permit No. 24-005 exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303, Class 3.
B) Approve Conditional Use Permit No. 24-007 and Coastal Development Permit No. 24-005 with suggested findings and conditions of approval (Attachment No. 1).
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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 a mandatory denial per Section 241.10(C) of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO).
B) Continue Conditional Use Permit No. 24-007 and Coastal Development Permit No. 24-005 and direct staff accordingly.
Analysis:
A. PROJECT PROPOSAL:
Applicant: Duc-Huy Huynh, 15551 Eden St., Westminster, CA 92683
Location: 16471 Malden Circle, 92649 (Gilbert Island in Huntington Harbour)
Conditional Use Permit (CUP) No. 24-007 and Coastal Development Permit (CDP) No. 24-005 - to demolish an existing residence and construct a new 7,696 sq. ft. three-story single-family dwelling at a height of 30 feet, including a 715 sq. ft. two-car garage, 530 sq. ft. of second floor balconies, and a 110 sq. ft. third floor balcony.
B. BACKGROUND:
The project was initially considered at the February 5, 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 Bradley Bailey, an adjacent resident. A Planning Commission meeting to hear the appeal was scheduled for June 10, 2025.
C. PLANNING COMMISSION MEETING AND RECOMMENDATION:
On June 10, 2025, the Planning Commission held a public hearing on the project. There was one speaker in support of the item and three speakers in opposition (Attachment No. 4).
Planning Commission Action on June 10, 2025:
A MOTION WAS MADE BY PELLMAN, SECONDED BY THIENES, TO DENY CONDITIONAL USE PERMIT NO. 24-007 AND COASTAL DEVELOPMENT PERMIT NO. 24-005, AND REQUEST A REDESIGN OF THE PROJECT.
MOTION WITHDRAWN
A MOTION WAS MADE BY MCGEE, SECONDED BY BUSH, 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. 24-007 AND COASTAL DEVELOPMENT PERMIT NO. 24-005 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
A MOTION WAS MADE BY PELLMAN, SECONDED BY MCGEE, TO DENY CONDITIONAL USE PERMIT NO. 24-007 AND APPROVE COASTAL DEVELOPMENT PERMIT NO. 24-005 WITH THE ELIMINATION OF A HABITABLE THIRD FLOOR WITH MODIFIED FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE:
MOTION WITHDRAWN
A MOTION WAS MADE BY PELLMAN TO CONTINUE CONDITIONAL USE PERMIT NO. 24-007 AND COASTAL DEVELOPMENT PERMIT NO. 24-005 TO ALLOW FOR MODIFICATIONS OF THE BUILDING DESIGN AND REQUIRE A SHADOW STUDY.
MOTION NOT SECONDED
A MOTION WAS MADE BY THIENES, SECONDED BY PELLMAN, TO CONTINUE CONDITIONAL USE PERMIT NO. 24-007 AND COASTAL DEVELOPMENT PERMIT NO. 24-005 FOR REDESIGN TO REDUCE SCALE AND MASS AND REQUIRE A SHADOW STUDY, BY THE FOLLOWING VOTE:
AYES: Pellman, Thienes, Palmer
NOES: Babineau, Bush, McGee
ABSENT: None
ABSTAIN:None
MOTION FAILED
As a result of the tied vote, the Zoning Administrator's approval was upheld.
D. APPEAL:
On June 18, 2025, the project was appealed by Mayor Pat Burns citing that the proposed project was not compatible with the surrounding community. (Attachment No. 3).
E. STAFF ANALYSIS:
The June 10, 2025 Planning Commission staff report (Attachment No. 6) provides a more detailed description and analysis of the proposed project. Multiple homes in Huntington Harbour contain third story habitable areas and decks and vary in architectural style. The proposed project, as conditioned, will comply with applicable code requirements, including confining the third-floor habitable area within the second-story roof volume and the overall building height of 30 feet below the maximum height of 35 feet in the RL zone.
In summary, the City Council may approve CUP No. 24-007 and CDP No. 24-005 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 will be oriented toward the water 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 including compatible development within surrounding neighborhoods.
Environmental Status:
CUP No. 24-007 and CDP No. 24-005 are categorically exempt pursuant to Section 15303, Class 3 of the California Environmental Quality Act because the project consists of the 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. 24-007 and CDP No. 24-005
2. Site Plans, Floor Plans and Elevations received and dated Nov. 14, 2024
3. Mayor Burns Appeal dated June 18, 2025
4. Planning Commission Minutes of June 10, 2025
5. Planning Commission Notice of Action dated June 11, 2025
6. Planning Commission Staff Report of June 10, 2025
7. Zoning Administrator Minutes of February 5, 2025
8. Code Requirements
9. Vicinity Map
10. Photos of Project Site and Neighboring Properties
11. Letters in Support/Opposition
12. PowerPoint Presentation