STAFF REPORT
A
Meeting Date:
August 12, 2025
SUBJECT: PUBLIC HEARING FOR APPEAL OF DESIGN REVIEW BOARD APPROVAL OF DESIGN REVIEW 24-2550 FOR LANDSCAPING AT 276 CAJON STREET IN THE R-2 (RESIDENTIAL MEDIUM-DENSITY) ZONE, AND FINDING THE
PROJECT CATEGORICALLY EXEMPT PURSUANT TO STATE CEQA
GUIDELINES SECTION 15301 (CLASS 1)
RECOMMENDATION: It is recommended that the City Council:
1. It is recommended that the City Council open the public hearing, take public testimony, close the public hearing, and adopt a Resolution titled, “A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LAGUNA BEACH, CALIFORNIA, AUTHORIZING THE WITHDRAWAL OF THE APPEAL OF THE DESIGN REVIEW BOARD’S DECISION TO CONDITIONALLY APPROVE DESIGN REVIEW 24-2550 FOR LANDSCAPING AT 276 CAJON STREET, AND
FINDING THE ACTION CATEGORICALLY EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT PURSUANT TO STATE CEQA GUIDELINES SECTION 15301,” authorizing the withdrawal of the appeal of the Design Review Board’s conditional approval of Design Review 24-2550 and finding the Project categorically exempt from CEQA; and
2. Deny the Appellant’s request for a refund of the $2,000 appeal fee.
Appropriation: $0 Fund: N/A
Submitted By: . Approved:
Matthew Schneider, Director of
Community Development
Dave Kiff, City Manager
EXECUTIVE SUMMARY
The property owner, Susan Shore (“Applicant”)1, of 276 Cajon Street (the “Property”) (see aerial map included as Figure 1) applied for Design Review (“DR”) 24-2550 for landscaping pursuant to Laguna Beach Municipal Code (“LBMC”) Section 25.05.040 and Section 12.16.080(e) (the “Project”).
On March 13, 2025, the Design Review Board (“Board”) adopted Resolution No. 24-2550, conditionally approving the Project by a 5-0 vote, including the approval of a categorical exemption pursuant to the California Environmental Quality Act (“CEQA”) Guidelines Section 15301.
On March 25, 2025, the neighboring property owner, Garth Jorgensen (“Appellant”), filed an appeal of the Board’s approval of the Project (the “Appeal”). The Appellant contends that there was lack of timely meeting notice, lack of stakeholder engagement and participation, no compromise to appease both parties, no consideration of impacts to their property, including the lost ocean view of 20 years, that the vegetation Withdrawal of the Appeal of the Approval of DR 24-2550 at 276 Cajon Street August 12, 2025
is not needed to resolve privacy impacts, and the decision to maintain the height of the landscaping at the upper railing is vague.
On July 29, 2025, the Appellant sent an email requesting to withdraw the Appeal and asked if the $2,000 appeal fee could be refunded (Attachment 2).
Pursuant to LBMC Section 25.05.070(D)(l), an appeal may be withdrawn only upon majority vote of the City Council. Staff has no objection to the requested withdrawal of the Appeal. However, in response to Appellant’s request to a refund of the appeal fee, staff is not recommending a refund of the appeal fee, as staff has dedicated a considerable amount of time analyzing and responding to the Appeal contentions. An agenda report analyzing the Appeal contentions was completed by staff prior to receiving the Appellant’s July 29, 2025 request to withdraw the appeal. (See Attachment 3). As such, staff recommends that the City Council authorize the withdrawal of the appeal but deny the request for a refund of the $2,000 appeal fee.
Alternatively, the City Council may reject the Appellant’s request to withdraw the Appeal and consider the Appeal. (See Attachment 3.)
FINANCIAL ANALYSIS
The recommended action has no financial impact.
ENVIRONMENTAL ANALYSIS
In accordance with the California Environmental Quality Act (CEQA) guidelines, the project is categorically exempt pursuant to Section 15301 - Existing Facilities, in that the project consists of the repair, maintenance, or minor alteration of existing structures or topographical features, involving negligible or no expansion of existing or former use. Here, the project involves landscaping improvements to a developed property. There is no evidence of any unusual or special conditions that would result in a significant effect on the environment in that the project involves proposing maximum heights and widths for existing landscaping.
Further, none of the exceptions outlined in State CEQA Guidelines Section 15300.2 apply. The project site does not contain any environmentally sensitive areas according to the City’s GIS. There will be no cumulative impact resulting from successive projects of the same type in the same place, over time. 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 according to Cortese List. The project will not result in significant adverse impacts to historical resources as defined by CEQA. Consequently, additional environmental analysis is not necessary to meet the requirements of the CEQA.
ATTACHMENTS
1. City Council Withdrawal Resolution (Pgs. 3-5)
2. Appellant Request to Withdraw Appeal (Pgs. 6-13)
3. Appeal Agenda Report and Attachments (Pgs. 14-120)
4. Order of Testimony (Pg. 121)
Withdrawal of the Appeal of the Approval of DR 24-2550 at 276 Cajon Street August 12, 2025
Report Prepared By: Coordinated With:
Daniel Latham, Associate Planner Jane Abzurg, Assistant City Attorney Anthony Viera, Planning Manager