RESOLUTION NO. 23-18171044
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF LAGUNA BEACH, CALIFORNIA APPROVING
DESIGN REVIEW 25-1044 AND COASTAL DEVELOPMENT
PERMIT 25-1045 LOCATED AT 1040 SOUTH COAST
HIGHWAY AND FINDING THE PROJECT CATEGORICALLY
EXEMPT FROM CEQA PURSUANT TO STATE CEQA
GUIDELINES SECTION 15303
WHEREAS, on January 3, 2023, an application was filed by the owner of property located at 1040 South Coast Highway (“Applicant”), requesting Design Review and Coastal Development Permit for a new mixed-use structure (major remodel to an existing single-story commercial building with additions exceeding 50%, including upper-level additions to establish four new apartment units) in the C-1 (Local Business District) zone. The vacant commercial space was most recently occupied by a laundromat with dry cleaning services and is proposed to be remodeled to accommodate a commercial use. Site improvements include parking lot modifications and landscaping. Design review is required for the new structure (major remodel to an existing structure with additions exceeding 50%), elevated decks, remodel of the commercial building façade, landscaping, HVAC equipment, and site improvements including parking lot modifications and trash storage. A coastal development permit is required for development within the coastal zone (the “Project”); and
WHEREAS, the Planning Commission conducted a duly-noticed public hearing on July 2, 2025 pursuant to Title 25, Zoning, of the Laguna Beach Municipal Code. The Planning Commission has considered all public testimony on the proposed Project and all relevant public comments, and all documents and evidence submitted, including but not limited to the staff report, attachments, and materials submitted by the Applicant; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.
NOW, THEREFORE, the Planning Commission of the City of Laguna Beach does hereby find, determine, and resolve as follows:
SECTION 1. The recitals set forth above are true and correct and are incorporated into this Resolution by this reference.
SECTION 2. The Project is exempt from CEQA pursuant to Section 15303 - New Construction or Conversion of Small Structures, in that the project consists of construction and location of limited numbers of new, small structures. Here, the proposed Project consists of minor alterations to an existing commercial building, including an upper-level addition to establish four one-bedroom apartment units, modifications to façade materials and colors, new roof-mounted mechanical equipment, and associated parking lot and landscape improvements. Therefore, the Project is exempt under Class 3.
Planning Commission Resolution 25-1044
July 2, 2025
Further, none of the exceptions outlined in CEQA Guidelines section 15300.2 apply. The Project site does not contain any environmentally sensitive areas in that the site is fully developed with an existing commercial building, is surrounded on all sides by public streets and developed properties, and the City’s environmentally sensitive areas maps do not identify any such areas on-site or within the immediate Project vicinity. There will be no cumulative impact resulting from successive projects of the same type in the same place, over time, as the current request is limited to improvements to an existing commercial structure, including an upper-level addition, within the existing developed site and associated site improvements, including parking and landscaping improvements, and two-story structures are common within the urbanized project area. There are no unusual circumstances resulting in a significant impact on the environment. There will be no damage to scenic resources, including trees, historic buildings, rock outcroppings or similar resources, within a highway officially designated as a state scenic highway. The Project is not located on a hazardous waste site or any other site included on a list compiled pursuant to Government Code section 65962.5. The Project will not result in significant adverse impacts to historical resources as defined by CEQA because there are no historic resources on the subject property and none in the Project vicinity that would be impacted by the remodel and addition. Consequently, additional environmental analysis is not necessary to meet the requirements of the CEQA.
SECTION 3. The Planning Commission hereby makes the following findings with respect to Design Review 25-1044:
Finding No. 1: Physical improvements and site developments related to the Project are designed and located in a manner in overall consistency with the design review criteria specified in Section
25.05.040(H), as set forth below:
1. Access. Conflicts between vehicles, pedestrians and other modes of transportation should be minimized by specifically providing for each applicable mode of transportation.
Handicapped access shall be provided as required by applicable statutes.
No changes are proposed to the vehicular access to the site and off-street parking would continue to be provided at the rear of the property, from the alley. The Project includes four new bicycle lockers, which promote alternative transportation and help reduce vehicular traffic by encouraging cycling. This supports non-vehicular access and reduces conflicts between cars and bicycles. The parking lot upgrades will improve circulation by including clearly designated paths for vehicles and pedestrians, reducing potential conflicts. Additionally, site improvements are subject to compliance with the Americans with Disabilities Act (“ADA”), which will ensure appropriate handicapped access to the retail and residential components.
Access to the residential second floor will be provided with a new exterior staircase and a lift adjacent to the parking lot.
2. Design Articulation: Within the allowable building envelope, the appearance of building and retaining wall mass should be minimized. Articulation techniques including, but not limited to, Planning Commission Resolution 25-1044
July 2, 2025
separation, offsets, terracing and reducing the size of any one element in the structure may be used to reduce the appearance of mass.
The proposed project conveys a well-articulated appearance at the primary elevation while maintaining a strong urban edge appropriate to the commercial highway corridor. The urban edge where street and property meet would be defined by corner-to-corner fenestration comparable to the existing condition, promoting a pedestrian-oriented environment with window-shopping opportunities. The 12’-2” setback to the upper-level residential units from South Coast Highway, and three feet on each side, combined with the variation in materials and forms creates a well-articulated appearance overall, and allows the apartment units at the second floor to relate to street life. The rear elevation along the alley is articulated through horizontal offsets and the integration of a projecting stairwell element, which provides visual relief and disrupts the building’s massing to avoid a monolithic façade.
3. Design Integrity: Consistency with the applicant’s chosen style of architecture should be achieved by the use of appropriate materials and details. Remodels should be harmonious with the remaining existing architecture.
The color and material board includes a dark bronze metal finish and a contrasting color scheme of ivory painted stucco exterior and grey stone veneer. Staff finds the colors, materials, and textures consistent with the contemporary architectural style and contributing to the building’s high-quality appearance. The neutral tones are suitable to the building, and the existing flag stone cladding is appropriately replaced with a light grey stone veneer to harmonize the existing and proposed building elements.
4. Environmental Context: Development should preserve and, where possible, enhance the city’s scenic natural setting. Natural features, such as existing heritage trees, rock outcropping, ridgelines and significant watercourses should be protected. Existing terrain should be utilized in the design and grading should be minimized.
The Project proposes improvements within an existing developed site and neighborhood. The proposed upper-level addition and interior remodel utilize the existing building footprint and foundation, eliminating the need for grading or alteration of the existing terrain. The scope of work does not involve removal of heritage trees, modification of ridgelines, or encroachment on watercourses. Thus, the project preserves and enhances the City’s scenic natural setting by concentrating development where infrastructure already exists.
5. General Plan Compliance: The development shall comply with all applicable policies of the General Plan, including all of its elements, applicable specific plans, and the certified local coastal program.
Planning Commission Resolution 25-1044
July 2, 2025
The Project complies with all applicable policies in the City’s General Plan and Local Coastal Program. The project site is not located within any Specific Plan.
HE-2.13: Encourage the expansion of rental housing opportunities in the City.
The Project proposes the addition of four new apartment units within an existing commercial site, resulting in an increase in the City’s rental housing inventory. This directly supports Policy HE-2.13 by expanding rental housing opportunities through the addition of a second floor over an existing single-story commercial building.
HE-2.17: Foster opportunities for small scale infill development as a means to expand housing opportunities and incrementally provide affordable housing.
The proposed project is a small-scale infill development that will add four residential units to an existing commercial building within an established commercial corridor. The project aligns with Policy HE-2.17 by utilizing an underutilized site and introducing new housing without requiring significant expansion of infrastructure or services.
This type of infill development increases the City’s overall housing supply by supporting a mix of uses in an area already served by transit, utilities, and public services. With the incremental addition of four units, the project contributes to a more diverse housing stock that supports affordability by increasing availability and expanding options for a range of household types.
HE-3.6: Promote the expansion of housing opportunities throughout the City.
The Project will add four apartment units to an existing commercial structure, resulting in a net increase in the City’s housing supply. By incorporating residential units into a mixeduse corridor, the project expands housing availability in a manner that is compatible with surrounding land uses and existing infrastructure. The proposed infill development supports the City’s objective to increase housing production throughout the City and helps meet demand for additional residential options.
Land Use Element Policy 2.9 Require the use of appropriate landscaping, special architectural treatments, and/or siting considerations to protect public views for projects visible from major highways and arterial streets.
The proposed design incorporates architectural treatments with simple forms, wood and masonry elements, dark bronze metal trim, contrasting ivory painted stucco exterior and grey stone veneer, and clean lines. Contrasting colors and use of wood details help the building blend into its surroundings. The two-story element of the proposed structure is consistent with the existing pattern of development and has minimized the visual impact Planning Commission Resolution 25-1044
July 2, 2025
from the street or surrounding properties due to the setbacks on both sides to maintain view corridors for adjoining properties.
Land Use Element Policy 3.8 Encourage pedestrian access and orientation in all commercial areas.
The Project will maintain the existing pedestrian access through the commercial district and will provide bifold doors into the remodeled commercial building to accommodate pedestrians in the area.
Land Use Element Goal 6 Provide a diversity of land uses that enhance the community.
Land Use Element Policy 6.12 Promote mixed-use development in commercial zones, where appropriate, to encourage the provision of lower-cost housing and to reduce traffic trips. Encourage ground floor uses to be commercial and where appropriate, visitor serving.
The Project adds an upper-level residential use to an existing commercial building and will provide new housing opportunities and trip reduction through incorporation of TDM strategies.
Land Use Element Policy 6.14 Encourage art-related uses and art in public places in appropriate zones.
The project is subject to the art in public places requirement pursuant to LBMC Chapter
1.09. The project’s public art contributions may be provided as an in-lieu fund, or the applicant may commission an artwork for the property at a location visible and accessible to the public. The public art component is subject to Arts Commission approval.
6. Historic Preservation: Destruction or alteration to historic resources should be avoided whenever possible. See Chapter 25.45 for more information.
N/A. There are no historic resources on the property or that would be impacted by the proposed project, and this criterion does not apply. The existing structure is not listed on the City’s Historic Register and is not known to be associated with events or persons important to local, regional, or national history. The structure also does not represent the work of a master, nor does it exhibit high artistic values. Finally, the building does not embody the distinctive characteristics of a particular type, period, region, or method of construction
7. Landscaping: Landscaping shall be incorporated as an integrated part of the structure’s design and relate harmoniously to neighborhood and community landscaping themes. View equity shall be an important consideration in the landscape design. The relevant landscaping guidelines contained in the City’s “Landscape and Scenic Highways Resource Document” Planning Commission Resolution 25-1044
July 2, 2025
should be incorporated, as appropriate, in the design and planned maintenance of proposed landscaping.
Yes. The proposed landscaping is integrated into the design of the Project, such as the planting of landscaping to soften and add visual interest to the surface parking lot. The Applicant proposes to incorporate four trees into the parking lot area, where none exist today. The proposed landscaping will incorporate low water use plants which are well-suited for the local environment. The proposed planting on the upper-level addition will break up the building massing along the street façade with the use of vines that will cascade over the façade.
8. Lighting and Glare: Adequate lighting for individual and public safety shall be provided in a manner which does not significantly impact neighboring properties. Reflective materials and appurtenances that cause glare or a negative visual impact (e.g., skylights, white rock roofs, high-gloss ceramic tile roofs, reflective glass, etc.) should be avoided or mitigated to a level of insignificance in those locations where those surfaces are visible from neighboring properties.
As part of the site improvements to the parking lot and building exterior, the project includes 33 building and 23 landscape lighting fixtures to meet safety standards, and are shielded or downcast fixtures to minimize light trespass onto adjacent properties. The project does not include skylights or glossy roofing materials.
9. Neighborhood Compatibility: Development shall be compatible with the existing development in the neighborhood and respect neighborhood character. Neighborhood character is the sum of the qualities that distinguish areas within the City, including historical patterns of development (e.g., structural heights, mass, scale or size), village atmosphere, landscaping themes and architectural styles.
Of the six highway-fronting properties along the 1000-block of South Coast Highway, four are improved with two-story buildings. These two-story buildings mostly extend across the full lot width and appear to provide limited views to the residential properties east of the site. A fifth building at the north end of the block (Active Culture) is raised above the highway sidewalk and therefore attains a similar overall height as the adjacent two-story commercial building. Within the context of the development pattern, the subject property has a comparatively low profile and is a similar maximum height with the proposed second-floor addition with the existing structures. Additionally, the proposed roof-mounted HVAC equipment is appropriately screened while not creating visual bulk and mass to the overall structure. This equipment is also being centrally located on the second-floor roof and will be required to comply with the City’s noise standards in accordance with LBMC Chapter 7.25. Furthermore, roof-mounted equipment is common for commercial and mixed-use buildings along the 1000-block of South Coast Highway. The contemporary architectural style will positively contribute to the eclectic architecture along the block. Vehicular access will continue to be provided along the alley, consistent with other highway-fronting properties on the same block.
Planning Commission Resolution 25-1044
July 2, 2025
10. Pedestrian Orientation: Commercial development design shall enhance and encourage pedestrian uses. Incorporation of articulated building masses, compact open spaces and courtyards, mixed use developments, use of landscaping as part of design, and orientation to pedestrian access should be maximized.
Parking would continue to be accessed from the rear alley, allowing the building façade to continue to give shape to the primary street and reducing pedestrian/vehicle conflicts. The Project will improve pedestrian access along the South Coast Highway frontage with the incorporation of a bifold door system into the commercial space. The site is conducive to urban infill housing due to the property’s proximity to several resident-serving amenities, such as retail, dining, and shopping destinations.
11. Privacy: The placement of activity areas (e.g., decks, picture windows and ceremonial or entertainment rooms) in locations that would result in a substantial invasion of privacy of neighboring properties should be minimized.
The proposed upper-level addition of the project is sited 22’-1” from the residential apartments across the alley along the southern property line of the site and 32’-5.75” from the residential uses along the northern property line. The Project does not include any decks or ceremonial rooms in areas that will result in a loss of privacy for adjoining neighbors. There is sufficient distance between the project and existing development to minimize any privacy impacts from the development.
12. Public Art: Public art is encouraged and shall be displayed where feasible or required by the Art in Public Places ordinance.
The Project is subject to the art in public places requirement pursuant to LBMC Chapter 1.09.
The Project’s public art contributions may be provided as an in-lieu fund, or the Applicant may commission an artwork for the property at a location visible and accessible to the public.
Condition No. 15 has been included in the draft resolution to ensure compliance with this requirement
13. Sign Quality: Signs shall be incorporated into the architecture of the structure and shall be made of high quality materials, be simple in design and be visually compatible with the surrounding physical environment in terms of color, scale and size. Use of natural materials in the construction of signs is encouraged.
N/A. The Project does not include any signs. A tenant for the vacant commercial space has not been identified at this time.
Planning Commission Resolution 25-1044
July 2, 2025
14. Sustainability: New development should consider architecture and building practices which minimize environmental impacts and enhance energy efficiency by: (a) reducing energy needs of buildings by proper site and structural design; (b) increasing the building’s ability to capture or generate energy; (c) using low-impact, sustainable and recycled building materials; (d) using the latest Best Management Practices regarding waste and water management; and (e) reducing site emissions.
Yes. The proposed Project will be required to meet Title 24 requirements related to energy efficiency and to recycle at least 65 percent of construction materials per the California Building Code
15. Swimming Pools, Spas, and Water Features: Swimming pools, spas and water features shall be located, designed and constructed where:
(a) geology conditions allow;
(b) noise produced by circulatory mechanical pumps and equipment is mitigated; and (c) any associated fencing or other site improvements are compatible with neighboring properties.
N/A. The proposed Project does not include any pools, spas, or water features.
16. View Equity: The development, including its landscaping, shall be designed to protect existing views from neighboring properties without denying the subject property the reasonable opportunity to develop as described and illustrated in the City’s “Design Guidelines.” The “Design Guidelines” are intended to balance preservation of views with the right to develop property.
The abutting property to the north (The Shop and The Agency, 1020 S. Coast Hwy.) appears to be the only commercial/mixed-use building on this block to provide a possible view corridor opportunity, with a narrow corridor created along the south side property line over a secondfloor deck. It should also be noted that with the exception of the subject property, the commercial block appears to be relatively uniform in height. The upper-level addition has three-foot setbacks along the northern and southern property lines to minimize view obstructions and provide view corridors through the site. These setbacks are greater than those provided by a majority of the two-story commercial buildings on the same block on the inland side of South Coast Highway.
Finding No. 2. The physical improvements and site developments related to the Project are designed and located in a manner in overall consistency with all other applicable design guidelines.
N/A. No additional design guidelines are applicable to the project site.
Planning Commission Resolution 25-1044
July 2, 2025
Finding No. 3. The physical improvements and site developments related to the Project are characterized by appropriately scaled development, diverse and unique architectural designs, pedestrian orientation, and sensitivity to the natural conditions of the site.
The proposed building scale and height are an appropriate scale for this portion of South Coast Highway. The proposed building has been designed to meet zoning requirements and the design review guidelines as described above and is compatible with the neighborhood, which similarly feature two-story development.
Finding No. 4. The project is consistent with any specific plan or any other specific zoning design review criteria.
N/A. There is no specific plan or other specific zoning design review criteria for the project area.
SECTION 4. The Planning Commission hereby makes the following findings with respect to Coastal Development Permit 25-1045:
Finding No. 1: The project is in conformity with all the applicable provisions of the certified local coastal program, including the following review criteria:
1. The proposed development will not encroach upon any existing physical accessway legally utilized by the public or any proposed public accessway identified in the adopted local coastal program land use plan.
Yes. The Project is located inland of the first public roadway and does not directly affect any existing or proposed coastal accessways. The site is not adjacent to public coastal access routes or trails, and there are no public easements or coastal access points on or near the property that would be impacted by the development. As such, the Project will not encroach upon or obstruct any existing or planned public accessways.
2. The proposed development will not adversely affect marine resources, environmentally sensitive areas, or archaeological or paleontological resources.
Yes. The Project primarily involves alterations to already disturbed areas and no improvements are proposed that would adversely affect marine resources, environmentally sensitive areas, or archaeological or paleontological resources. The property is fully improved with an existing commercial building and surface parking lot, and no grading is proposed.
3. The proposed development will not adversely affect recreational or visitor-serving facilities or coastal scenic resources.
Planning Commission Resolution 25-1044
July 2, 2025
Yes. The project will not affect recreational or visitor-serving facilities or coastal scenic resources in that the existing use does not currently provide a visitor-serving amenity.
Additionally, no public view impacts will result from the proposed project due to existing development and as there are no public viewing areas near the proposed project.
4. The proposed development will be sited and designed to prevent adverse impacts to environmentally sensitive habitats and scenic resources located in adjacent parks and recreation areas, and will provide adequate buffer areas to protect such resources.
Yes. The proposed development is located on a developed parcel and previously disturbed property and is surrounded by improved streets and a fully developed neighborhood. The Project site is not located near any environmentally sensitive habitats or adjacent to parks and recreation areas that contain significant scenic resources. The Project not create any adverse impacts to scenic resources located in adjacent parks and recreation areas, as there are none in the Project vicinity.
5. The proposed development will minimize the alterations of natural landforms and will not result in undue risks from geological and erosional forces and/or flood and fire hazards.
Yes. The Project will not result in any undue risks from geological or flood and fire hazards. The proposed Project does not incorporate any grading, as discussed under the Environmental Context design review criterion. The site is inland of the coastline and is not subject to erosion.
The Project is required to comply with Building Code life safety standards, and the California Fire Code to safeguard life and property from fire hazards.
6. The proposed development will be visually compatible with the character of surrounding areas, and where feasible, will restore and enhance visual quality in visually degraded areas.
Yes. The proposed design is visually compatible with the varied commercial building architecture along South Coast Highway. The design incorporates architectural treatments with simple forms, wood and masonry elements, dark bronze metal trim, contrasting ivory painted stucco exterior and grey stone veneer, and clean lines. Contrasting colors and use of wood details help the building blend into its surroundings and are compatible with several other buildings in the area and within the Project vicinity. The building mass is also consistent with other two-story buildings fronting South Coast Highway. Consistent with these existing buildings, the Project incorporates building offsets and varied architectural finishes and elements to reduce the perceived building mass.
7. The proposed development will not have any adverse impacts on any known archaeological or paleontological resource.
Planning Commission Resolution 25-1044
July 2, 2025
Yes. The proposed development is located on a developed parcel and previously disturbed property and is surrounded by improved streets and fully developed neighborhood. The Project site is not located near any or known archeological or paleontological resources, and no grading is proposed.
8. The proposed development will be provided with adequate utilities, access roads, drainage and other necessary facilities.
The existing access via South Coast Highway and the alley at the rear of the project site provide adequate access for the project. Additionally, the site is already serviced with all required utilities and drainage, as both the site and immediately surrounding area are improved with residential and commercial uses. Adequate utilities will be provided to support the residential addition.
9. Other public services, including, but not limited to, solid waste and public roadway capacity have been considered and are adequate to serve the proposed development.
The proposed trash storage located within the parking lot is adequate for the proposed development. Additionally, South Coast Highway is a designated Major Arterial Highway that has adequate roadway capacity for the additional trips generated from the Project.
Finding No. 2. Any development located between the sea and the first public road paralleling the sea is in conformity with the certified local coastal program and with the public access and public recreation policies of Chapter 3 of the Coastal Act.
The Project is not located between the sea and the first public road paralleling the sea and, therefore, this finding is inapplicable. Nevertheless, the Project will not conflict with the public access and recreation policies of Chapter 3 of the Coastal Act.
Finding No. 3. The proposed development will not have any significant adverse impacts on the environment within the meaning of the California Environmental Quality Act.
The Project is exempt from CEQA pursuant to Section 15303 - New Construction or Conversion of Small Structures, in that the project consists of construction and location of limited numbers of new, small structures. Here, the proposed Project consists of alterations to an existing commercial building, including an upper-level addition, modifications to façade materials and colors, new roof-mounted mechanical equipment, and associated parking lot and landscape improvements. Therefore, the Project is exempt under Class 3.
SECTION 5. The Planning Commission hereby approves Design Review 25-1044 and Coastal Development Permit 25-1045, subject to conditions of approval in Exhibit A, which is attached hereto and incorporated herein by reference.
Planning Commission Resolution 25-1044
July 2, 2025
SECTION 6. The documents and materials that constitute the record of proceedings on which this Resolution has been based are located at City Hall, 505 Forest Avenue Laguna Beach, CA 92651. The custodian of the record of proceedings is the Director of Community Development.
SECTION 7.If any provision of this Resolution is held invalid, the remainder of this Resolution shall not be affected by such invalidity, and the provisions of the Resolution are severable.
ADOPTED this 2
nd day of July, 2025.
AYES: Commissioner(s)
NOES: Commissioner(s)
ABSENT: Commissioner(s)
ATTEST:
Ken Sadler,Chairperson
Planning Commission
City of Laguna Beach, California
Anthony Viera
Planning Manager
City of Laguna Beach, California
Planning Commission Resolution 25-1044
July 2, 2025
EXHIBIT A
RESOLUTION NO. 25-1044
(CONDITIONS OF APPROVAL)
Standard Conditions –Community Development Department
1. Design Review 25-1044 and Coastal Development Permit 25-1045 granted for a new mixed-use structure (major remodel to an existing single-story commercial building with additions exceeding 50%, including upper-level additions to establish four new apartment units) in the C-1 (Local Business District) zone. Site improvements include parking lot modifications and landscaping. Design review is required for the new structure (major remodel to an existing structure with additions exceeding 50%), elevated decks, remodel of the commercial building façade, landscaping, HVAC equipment, and site improvements including parking lot modifications and trash storage. A coastal development permit is required for development within the coastal zone. Approval is granted based on the development plans and landscape plans submitted by Anders Lasater and cleared by and stamped by City on June 25,2025. Said plans are approved as submitted and conditioned herein and shall not be altered unless reviewed and approved in accordance with Title 25 of the Laguna Beach Municipal Code.
2. That the conditions of approval contained herein, shall be made part of the construction drawings for the proposed development. Construction drawings shall not be accepted for Plan Check without the conditions of approval incorporated into the construction drawings.
3. In the event that exhibits and written conditions are inconsistent, the written conditions shall prevail. If there are any disparities between these conditions and the plans or final revised plans that are approved for any subsequent phase, the conditions and/or plans as stipulated in the later approval shall prevail.
4. All plans, specifications, studies, reports, calculations, maps, notes, legal documents, and designs shall be prepared, signed, and stamped (when required) only by those individuals legally authorized to do so.
5. Approval of this application does not relieve the applicant from complying with other applicable Federal, State, County or City regulations or requirements.
6. The Applicant shall defend, indemnify, and hold harmless the City of Laguna Beach and its officers, employees, and agents from and against any claim, action, or proceeding against the City of Laguna Beach, its officers, employees, or agents to attack, set aside, void, or annul any approval or condition of approval of the City of Laguna Beach concerning this Project, including but not limited to any approval or condition of approval of the City Council, Planning Commission, Design Review Board, Community Development Director, or City Planner. The Planning Commission Resolution 25-1044
July 2, 2025
City shall promptly notify the Applicant of any claim, action, or proceeding concerning the Project and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officers, employees, and agents in the defense of the matter.
7. The Applicant shall be responsible for informing all subcontractors, consultants, engineers, or other business entities providing services related to the project of their responsibilities to comply with these conditions of approval and all pertinent requirements in the Laguna Beach Municipal Code, including the requirement that a business license be obtained by all entities doing business in the City.
8. The Applicant shall pay all fees at the time fees are determined payable and comply with all requirements of the applicable federal, state, and local agencies. The duty of inquiry as to such requirements shall be upon the applicant.
9. Failure to comply with any of these conditions of approval is grounds for revocation of the entitlement(s) and is subject to any other available remedies to the City.
10. The Certificate of Occupancy and/or Certificate of Use, as applicable, shall not be issued until City staff has verified compliance with all conditions of approval.
11. The effective date of the entitlements granted herein do not commence until all appeals, including those to the California Coastal Commission, have been exhausted, statutes of limitation have expired, and any lawsuits, filed within the statutes of limitation, have concluded.
12. In the event any of the conditions of approval are infeasible, the decision-making body hereby authorizes the Community Development Director to modify those conditions in the most conservative manner possible, in accordance with the limitations of the City’s Municipal Code, to allow for the completion of the project.
Standard Conditions of Approval for CDP –Community Development Department
13. The approvals granted by this Resolution shall lapse and automatically become void two years following the effective date if the privileges authorized by the approvals are not executed or utilized or, if construction work is involved, such work is not commenced within such two-year period and diligently pursued to completion, unless an extension of time is granted pursuant to the provisions of the Laguna Beach Municipal Code. Extensions of time shall be requested in writing by the applicant or authorized agent prior to the expiration of the entitlements.
Planning Commission Resolution 25-1044
July 2, 2025
Project Specific Condition of Approval for Design Review – Community Development Department
14. Approval of DR 25-1044 and CDP 25-1045 is explicitly contingent upon City Council approval of a Conditional Use Permit to reduce the number of required off-street parking spaces based on the implementation of a parking and transportation demand management plan. If the City Council does not approve said parking reductions, this Resolution shall be null and void and of no force or effect. It shall be as if the Resolution had never been adopted.
15. Prior to the issuance of a building permit, the applicant must be in compliance with the Art in Public Places Ordinance (LBMC Chapter 1.09).
16. Light trespass that results in glare is prohibited.
17. The permittee shall obtain a sign permit prior to installing any permanent or temporary signage in accordance with the City’s sign permit procedures and design standards (Laguna Beach Municipal Code Chapter 25.54). Signage may also be subject to the granting of a building permit.
Standard Conditions of Approval – Building Department
18. The project shall be required to comply with the City’s Construction hours, which are: 7:30 a.m. to 6:00 p.m. weekdays only; Hauling Hours: 9:00 a.m. to 3:00 p.m. Construction activity shall not be permitted on weekends or any Federal Holiday. Construction hours for the Diamond Crestview Specific Plan area may vary.
19. The project must comply with the California Green Building Code (Title 24: Part 11) and include Best Management Practices (BMPs) throughout the construction phase, including but not limited to dust and sediment control, erosion control, and other measures as required by the Building Official.
20. Prior to the issuance of a building permit, a construction staging plan shall be submitted to the Building Official for review and approval. The plan shall include a site plan that identifies construction material storage areas, construction parking, site access, etc. Refer to the informational guide for Construction Staging:
https://www.lagunabeachcity.net/home/showpublisheddocument/8878/637515890430300 000. Any recommendations made by the Design Review Board, Planning Commission, or City Council, as applicable, regarding staging plans or construction management will be forwarded to the Building Official for review and consideration.
Planning Commission Resolution 25-1044
July 2, 2025
Project Specific Conditions of Approval – Building Department
21. Prior to the issuance of a building permit, the contractor of record shall have a pre-construction meeting with the Building Official. The purpose of the meeting shall be to review the requirements for parking, construction hours, fencing, dust control, monitoring, any documentation from engineers, geologists, or other qualified licensed professionals.
22. Prior to the issuance of a building permit, the applicant may be required to present to the Building Official an asbestos abatement plan and appropriate documentation.