Planning commission upholds approval of two Pecan Avenue ADUs
Commissioners denied Council Member Pat Burns' appeal of the zoning administrator's coastal development permit, citing state law limits.
The Huntington Beach Planning Commission on Sept. 8 denied an appeal of the zoning administrator's approval of Coastal Development Permit No. 26-006, which allows two detached accessory dwelling units at 205 Pecan Avenue. The decision upholds the permit for the ADU project and can be appealed to the City Council within ten working days.
The appellant was Council Member Pat Burns, according to the staff report. The applicant is Marcus Kemmerer of 228 Crest Avenue, and the property owner is UPOP, LLC of 6602 Cedarwood Drive. The project proposes two detached ADUs of approximately 420 and 480 square feet on an existing multi-family property at an overall height of two stories and 18 feet. The site sits at 205 Pecan Avenue, at the northwest corner of Lake Street and Pecan Avenue.
The staff report recommended finding the project categorically exempt from the California Environmental Quality Act under Section 15303, Class 3, for new construction or conversion of small structures, and approving the permit with suggested findings and conditions of approval. The commission's options were to uphold the zoning administrator's decision, with or without modifications, deny the findings, or continue the item and direct staff accordingly.
During deliberations, commissioners voiced frustration that state ADU statutes restrict the city's ability to require parking and other development standards. Several said the city risks losing on appeal or being sued if it denies statutorily protected ADUs. Staff said state law limits local parking requirements for qualifying ADUs and pointed to a nearby transit stop as an exemption.
Commissioners also raised concerns that state ADU exemptions for parking could worsen downtown parking and affect coastal access. One commissioner warned that denying a lawful ADU permit would likely result in an appeal or litigation and urged caution. The discussion reflected the broader tension between local control and state housing law that has surfaced repeatedly in Huntington Beach land use debates.
The staff report laid out suggested findings supporting approval, noting the project met applicable zoning and coastal development standards for the site, and recommended conditions of approval governing construction and operation. The report framed the zoning administrator's decision as consistent with state ADU law, which sharply limits the grounds on which a local government may deny a qualifying project.
The applicant and a long-term Huntington Beach resident urged the commission to approve the project. They said the ADUs represent significant private investment, will provide housing for family members and qualify under state rules, which allow approval if the ADUs do not modify existing parking. Commissioners ultimately sided with that reading of state law and denied the appeal, upholding the zoning administrator's approval.
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