RESOLUTION NO. 25.XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAGUNA BEACH, CALIFORNIA, OVERTURNING THE DECISION
OF THE DESIGN REVIEW BOARD TO DENY DESIGN REVIEW
24-1572 AND COASTAL DEVELOPMENT PERMIT 24-1688 FOR
MODIFICATIONS FOR A NEW SINGLE-FAMILY DWELLING
(MAJOR REMODEL WITH ADDITIONS EXCEEDING 50%,
INCLUDING UPPER-LEVEL ADDITIONS), EXTERIOR CHANGES,
ELEVATED DECKS, AND LANDSCAPE IMPROVEMENTS TO AN
EXISTING SINGLE-FAMILY DWELLING AND NEW DETACHED
ACCESSORY DWELLING UNIT (“ADU”), FOR THE PROPERTY
LOCATED AT 607 SHORT STREET IN THE R-1, RESIDENTIAL
LOW-DENSITY ZONE, APPROVING DESIGN REVIEW 24-1572
AND COASTAL DEVELOPMENT PERMIT 24-1688, AND FINDING
THE PROJECT CATEGORICALLY EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO
STATE CEQA GUIDELINES SECTIONS 15303 (CLASS 3) AND
15304 (CLASS 4)
WHEREAS, the property owners, Steve and Vicki McIntosh (“Applicant”), of 607 Short Street (the “Property”), applied for Design Review (“DR”) 24-1527 and Coastal Development Permit (“CDP”) 24-1688 for modifications for a new single-family dwelling (major remodel with additions exceeding 50%, including upper-level additions), exterior changes, elevated decks, and landscape improvements to an existing single-family dwelling and new detached accessory dwelling unit an existing single-family residence in the R-1 (Residential Low Density) zone pursuant to Laguna Beach Municipal Code (“LBMC”) Section 25.05.040(B)(1) and LBMC Sections 25.07.004 and 25.07.006 (the “Project”); and
WHEREAS, the Design Review Board conducted a duly-noticed public hearing on February 27, 2025 pursuant to Title 25, Zoning, of the Laguna Beach Municipal Code. The Design Review Board 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 continued the Project with Attachment 2
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direction to May 22, 2025; and
WHEREAS, on May 22, 2025, at the request of the applicant, the Design Review Board continued this project to June 26, 2025; and
WHEREAS, the Design Review Board conducted a duly-noticed public hearing on June 26, 2025 pursuant to Title 25, Zoning, of the Laguna Beach Municipal Code. The Design Review Board 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 continued the Project with direction to September 11, 2025; and
WHEREAS, on September 11, 2025, at the request of the Applicant, the Design Review Board continued this Project to October 9, 2025; and
WHEREAS, the Design Review Board conducted a duly-noticed public hearing on October 9, 2025 pursuant to Title 25, Zoning, of the Laguna Beach Municipal Code. The Design Review Board 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 denied Design Review 24-1572, finding the action statutorily exempt under the California Environmental Quality Act pursuant to State CEQA guidelines Section 15270; and
WHEREAS, on October 22, 2025, Steve and Vicki McIntosh (“Appellant”) of 607 Short Street, filed an appeal of the Board’s Approval (the “Appeal”); and WHEREAS, on December 9, 2025, the City Council held a noticed public hearing to consider an Appeal and carefully considered the oral and documentary evidence and arguments presented. and carefully considered the oral and documentary evidence and arguments presented. 34 -3- Reso. #
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH DOES RESOLVE:
SECTION 1. The recitals set forth above are true and correct and are incorporated into this Resolution by this reference.
SECTION 2. The City Council hereby overturns the Design Review Board’s denial of Design Review 24-1572 and approves Design Review 24-1572 and Coastal Development Permit 24-1688, approving the Project by making the following findings, and subject to conditions of approval in Exhibit A, which is attached hereto and incorporated herein by reference.
Design Review 24-1572:
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.
The proposed Project does not affect site access. The site is improved with an attached twocar garage with a driveway to an improved street. The site maintain vehicular access from Short Street and no changes to this vehicular access are being proposed. An existing sidewalk along the property frontage will be maintained, providing pedestrian access and minimizing potential conflicts between vehicles and pedestrians.
2. Design Articulation: Within the allowable building envelope, the appearance of building 35 -4- Reso. #
and retaining wall mass should be minimized. Articulation techniques including, but not limited to, separation, offsets, terracing and reducing the size of any one element in the structure may be used to reduce the appearance of mass.
The proposal includes a new second story addition, which, through the proposed colors and materials and design will result in a well-articulated building. Upon completion, the home will be compatible with existing development in the neighborhood. Nearby homes consist of a mixture of one- and two-story residences with varying architectural styles and exteriors, including contemporary and traditional styles. The Project’s sloping roofs and varied building materials, which include stucco and hardy board vertical siding, will effectively reduce the appearance of mass. Additionally, the proposed upper-level addition is off set from the lower-level roof between 2’2” and 6’5” from the street elevation and one foot from the east elevation creating additional articulation and reducing the appearance of mass and bulk. The step-backs and architectural features appropriately break up the vertical and horizontal planes,
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 proposed colors and materials are consistent with the traditional architectural style of the residence and will harmonize with and complement the existing structure. The exterior finishes for the new addition have been selected to match the existing traditional style of 36 -5- Reso. #
the home siding and trim, thereby ensuring continuity in materials and appearance. The use of horizontal siding on the new upper-level addition introduces a compatible variation that provides visual articulation and reduces the overall massing of the structure. This differentiation contributes to visual relief while maintaining cohesion with the existing design. Collectively, the proposed colors and materials reinforce the architectural integrity of the residence and are compatible with the established character of the property.
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 relatively flat site is located in a fully-developed neighborhood that includes singlefamily dwellings, multi-family units, Laguna Beach High School, and school district office nearby. and Neither the Project site nor the immediate area contains heritage trees, rock outcroppings, ridgelines, or significant water courses. There are occasional views of distant hillsides across portions of the subject property from neighboring parcels. To enhance these views, the applicant has removed a large tree from the front yard.
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.
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The Project complies with the General Plan polices as explained below:
Land Use Element (LUE) Policy 2.8 Require building design and siting to be compatible and integrated with natural topographic features, minimize significant alteration of natural topography and/or other significant onsite resources, and protect public views as specified in the Design Guidelines and the Landscape and Scenic Highways Resource Document.
The proposal adds to the existing home and proposes minor site improvements (i.e., approximately 2.5 foot tall retaining walls) to create modest level yard areas. The existing site tends to step down from the street (i.e., front) to back and the proposed improvements do not substantially change this. As a result, the Project works with the existing topography to avoid significant alterations that would otherwise be inconsistent with the neighborhood.
LUE Policy 2.10 Maximize the preservation of coastal and canyon views (consistent with the principle of view equity) from existing properties and minimize blockage of existing public and private views. Best efforts should be made to site new development in locations that minimize adverse impacts on views from public locations (e.g., roads, bluff top trails, visitor-serving facilities, etc.).
By pulling the second story addition further back in response to Design Review Board direction, the new upper level addition preserves coastal views. The property to the southeast were impacted in a prior iteration of the Project. Staff finds that this revision 38 -7- Reso. #
returns that view consistent with the City’s view equity standard.
LUE Policy 3.10 Require building design and siting to be compatible and integrated with natural topographic features, minimize significant alteration of natural topography or other significant on-site resources, and protect public views as specified in the Design Guidelines and Landscape and Scenic Highways Resource Document by maintaining the low-profile character of structures. Require use of appropriate landscaping, special architectural treatments, and siting considerations for Projects visible from major highways and arterial streets. Best efforts should be made to site new development in locations that minimize adverse impacts on views from public locations (e.g., roads, bluff-top trails, visitor-serving facilities, etc.).
The home is positioned toward the middle of a lot in the middle of an existing residential neighborhood. The addition is compatible with the neighborhood in terms of size, mass and design as nearby properties are also improved with two-story homes. Given that this is an older residential neighborhood, the natural topography has been altered to accommodate residential development and streets. Notwithstanding this, the scope of the proposed addition does not seek substantial alterations to the existing topography.
LUE Policy 7.3 Design and site new development to protect natural and environmentally sensitive resources, such as areas of unique scenic quality, public views, and visual compatibility with surrounding uses and to minimize natural landform alterations. (Same as Policy 10.2.) GOAL: Protect, preserve, and enhance the community’s natural resources. 39 -8- Reso. #
The Project site does not contain environmentally sensitive resources and does not significantly adversely impact public or private views. The addition to the single-family home is compatible with the surrounding single-family home uses and minimizes alterations to the existing topography.
LUE Policy 7.10 Require new construction and grading to be located in close proximity to preexisting development to minimize environmental impacts and growth-inducing potential.
The proposed construction and associated grading are within the previously disturbed building site and located in a developed neighborhood of single-family residences on a lot that has an existing single-family home. The environmental impact of the Project will be insignificant with no growth-inducing potential as the project is not extending or increasing the capacity of any infrastructure to support the addition.
6. Historic Preservation: Destruction or alteration to historic resources should be avoided whenever possible. See Chapter 25.45 for more information.
The property is not listed on the City’s Historic Register.
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 40 -9- Reso. #
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” should be incorporated, as appropriate, in the design and planned maintenance of proposed landscaping.
The proposed Project is located within the Arroyo Chico area as described in the City’s Landscape and Scenic Highways Resource Document. This document includes a set of policies and maintenance guidelines to address the issues of tree maintenance, fire safety, heritage tree preservation, view preservation, scenic highways, water conservation, soil stability, invasive plants and neighborhood landscape character. The submitted landscape plans are consistent with the policies and guidelines for the Arroyo Chico area as determined by the City’s landscape reviewer. Additionally, the proposed landscape plan have been reviewed and approved by the City’s landscape reviewer for compliance and does not contain plant species that are incompatible with fire safety considerations. The proposed plans are also compatible with a residential palette and will not grow to heights that would impact view equity.
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.
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The proposed exterior lighting plan for the house is shown on Sheet A-20 and includes a total of 31 light fixtures, such as can lights, wall mounted lights, and path lights. Overall, the plan provides low level lighting where needed for safety and efficient operation in outdoor activities, terraces, stairs and walkways. All proposed lighting is compliant with the City’s Good Neighbor Outdoor Lighting Ordinance (LBMC Chapter 7.70).
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.
The proposed design has the upper-level addition’s mass located on the southeastern portion of the existing residence, therefore reducing the appearance of massing along the street elevation. By concentrating the new upper-level additions on the southeastern portion of the residence, the Project minimizes massing and is consistent with the neighborhood’s established character, as all neighboring properties are developed with two-story residences.
The existing development in the neighborhood consists of a mixture of architectural styles and exteriors, including contemporary and traditional styles. As described in the “Design Articulation” criterion above, the applicant proposes a traditional design that is compatible in terms of style and scale with the surrounding development pattern. 42 -11- Reso. #
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.
Design Review Criteria for Pedestrian Orientation is related to commercial development.
As a residential development, this Project is not subject to this criterion.
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 design review guidelines stipulate that any development incorporate “a reasonable degree of residential privacy and will be compatible with other improvements in the neighborhood.” The applicant has worked with their neighbors to address privacy concerns by incorporating opaque windows on the second story addition and no substantial privacy impacts are anticipated to result from the proposed upper-level addition on adjoining properties.
12. Public Art: Public art is encouraged and shall be displayed where feasible or required by the Art in Public Places ordinance.
Design Review Criteria for Public Art is related to commercial development. As a 43 -12- Reso. #
residential development, this Project is not subject to compliance with public art criteria.
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.
Design Review Criteria for Signage is related to commercial development. As a residential development, this Project is not subject to signage criteria.
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.
New construction is required to meet Title 24 energy and Building Code requirements, which include insulated windows and energy efficient lighting. The applicant will be required to provide proof of compliance. Further, the applicant will be required to reuse, recycle, or divert at least 65 percent of the Project’s construction and demolition debris.
Finally, to promote future installation of solar panels, a minimum of 250 square-feet of “solar ready” roof area will be provided. For these reasons, this criterion has been met. 44 -13- Reso. #
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.
The Project does not currently have nor propose a pool, spa, or water feature.
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 upper-level addition maintains view equity for neighboring properties by minimizing view impacts to existing canyon and ocean views from the primary windows in primary bedrooms and ceremonial rooms. The addition would not create any view impacts to the ocean ort shoreline located west of the property, as the High School is at a higher elevation and existing development already limits ocean views.
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.
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The Project is consistent with the Residential Design Review Guidelines, as described above.
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 Project design and architecture are appropriately scaled and diverse, as described in the Design Integrity and Neighborhood Compatibility design criteria discussed above.
Finding No. 4. The Project is consistent with any specific plan or any other specific zoning design review criteria.
The Project site is not located within a specific plan area and the R-1 zoning does not contain any additional specific design review criteria. The project conforms to the Architectural Guidelines, including avoiding major disparities of height and bulk with adjacent structures, use of appropriate colors, and appropriate scale, detail and articulation of the structure.
Coastal Development Permit 24-1688:
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 46 -15- Reso. #
legally utilized by the public or any proposed public accessway identified in the adopted local coastal program land use plan.
The proposed development will not modify any existing physical accessway utilized by the public or identified in the adopted local coastal program land use plan in that the subject property contains no existing accessways legally utilized by the public, no such public accessways are identified in the adopted land use plan.
2. The proposed development will not adversely affect marine resources, environmentally sensitive areas, or archaeological or paleontological resources.
The proposed development will not adversely affect marine resources, environmentally sensitive resources or archeological or paleontological resources in that the Project site is located within an established residential neighborhood, and no such resources are known to exist in the immediate project area.
3. The proposed development will not adversely affect recreational or visitor-serving facilities or coastal scenic resources.
The proposed development will not adversely affect recreational or visitor-serving facilities or coastal scenic resources in that the Project site is located within an established residential neighborhood and is not located near any recreational or visitor-serving facilities.
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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.
The proposed development will have no adverse impacts to environmentally sensitive habitats and scenic resources located in adjacent parks and recreation areas in that the Project site is located within an established residential neighborhood, no such areas abut the project site, and no buffer areas are needed to protect such resources.
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.
The proposed development will not cause or contribute to the alteration of natural landforms or create undue risks from geological and erosional forces and/or flood and fire hazards in that the proposed development includes grading of 10.25 cubic yards outside the building footprint, which as described in the “environmental context” criterion above, is considered minimal and intended to create a modest level yard area. The landscaping plan has been reviewed for fire safety.
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.
The existing development in the neighborhood consists of a mixture of one- and two-level 48 -17- Reso. #
residences with varying architectural styles and exteriors, including contemporary and traditional styles. As described in the “Design Articulation” criterion above, the applicant proposes a traditional design that is compatible in style and scale with the nearby development.
7. The proposed development will not have any adverse impacts on any known archaeological or paleontological resource.
The proposed development will not have any adverse impacts on any known archaeological or paleontological resources in that such resources are not known to exist in the Project area, and the Project site is located within an established residential neighborhood.
8. The proposed development will be provided with adequate utilities, access roads, drainage and other necessary facilities.
The proposed major remodel to the existing single-family dwelling and new detached ADU do not involve any changes to existing utilities, access roads, drainage, or other necessary facilities, and such facilities will remain adequate to serve the dwelling units.
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 site is located in an existing developed residential neighborhood that is currently served 49 -18- Reso. #
by the full range of infrastructure and public services. The ADU will add a nominal amount of additional trips and solid waste that is not expected to adversely affect roadway or landfill capacity.
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 consistent with all applicable policies of the Certified LCP. The development is not located between the sea and first public road paralleling the sea. Additionally, the subject site is zoned residential and is not suitable for recreational uses identified in Chapter 3 of the Coastal Act.
Finding No. 3. The proposed development will not have any significant adverse impact on the environment within the meaning of the California Environmental Quality Act.
As described above, the Project does not have adverse environmental impacts. The project will not cause any significant adverse impacts on the environment and qualifies for a categorical exemption (as described in the Environmental Impact section below) pursuant to the California Environmental Quality Act Guidelines.
LCP DOCUMENTS
The Project conforms with all the following applicable documents of the Certified LCP. 50 -19- Reso. #
Land Use and Open Space/Conservation General Plan Elements Zoning Map
Title 25 (Zoning Code)
2010 Design Guidelines – A Guide to Residential Development SECTION 3. Based on its review of the entire record before it, the City Council hereby finds and determines that the Project is categorically exempt pursuant to State CEQA Guidelines, Sections 15303- New Construction or Conversion of Small Structures and 15304 - Minor Alterations to Land. In accordance with the California Environmental Quality Act (CEQA) guidelines, the Project is categorically exempt pursuant to Section 15303 and 15304. There is no evidence of any unusual or special conditions that would result in a significant effect on the environment. The subject property is located within a developed neighborhood with all facilities provided and access existing to the parcel. This Project fits within the Class 3 and 4 exemptions because it is a single-family dwelling with one accessory dwelling and related site improvements including grading, landscape, hardscape, and retaining walls on an existing legal building site.
Further, none of the exceptions outlined in State CEQA Guidelines Section 15300.2 apply.
The Project site does not contain any environmentally sensitive areas. There will be no cumulative impact resulting from successive projects of the same type in the same place, over time. The Project site does not contain any environmentally sensitive areas in that the site is fully developed with an existing single-family dwelling and is surrounded on all sides by public streets and developed residential and institutional properties, and the City’s environmentally sensitive areas maps do not identify any such areas on-site or within the immediate Project vicinity. There are no unusual circumstances resulting in a significant impact on the environment. There will be no damage to 51 -20- Reso. #
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. Consequently, additional environmental analysis is not necessary to meet the requirements of the CEQA. Staff will cause to be filed a Notice of Exemption (NOE) with the County Recorder’s Office within 5 days of adoption of this Resolution.
SECTION 4. 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 5. 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.
SECTION 6. This Resolution shall become effective immediately.
ADOPTED this 9th day of December, 2025.
Alex Rounaghi, Mayor
ATTEST:
Ann Marie McKay, City Clerk
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I, Ann Marie McKay, City Clerk of the City of Laguna Beach, certify that the foregoing Resolution No. 25.XXX was duly adopted at a regular meeting of the City Council of said City held on December 9, 2025, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
City Clerk, City of Laguna Beach, California
53 EXHIBIT A
CITY COUNCIL CONDITIONS OF APPROVAL
RESOLUTION NO. 25-XXX
Standard Conditions:
1. Design Review 24-1572 and Coastal Development Permit 24-1688 are granted for a new single-family residence (major remodel to an existing structure with additions exceeding 50%), elevated decks, new exterior materials, windows, and landscaping, and a new detached ADU (the “Project”). The existing 1,441-square-foot single-family dwelling and 375-square-foot attached, two-car garage would be expanded with a 1,033-squarefoot two-story addition, 52-square-foot addition to the existing garage, 325 square feet of elevated decking at the first floor, and an 80-square-foot elevated deck at the second floor. While not subject to design review, a proposed detached, 412-square-foot ADU.
Approval is granted based on the development plans and landscape plans submitted by Drew Blake on September 10, 2025 and received by City on September 10, 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 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.
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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 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.
Standard Conditions of Approval for Design Review – Community Development Department
12. The approval granted by this Resolution shall lapse and automatically become void two years following the effective date if the privileges authorized by design review 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.
13. Landscaping Conditions. Include conditions for mature growth height limits and maintenance schedules (type and frequency of pruning) for all vegetation that potentially impacts views. The landscaping shall be installed in accordance with the approved landscape plans. Thereafter, the landscaping shall be continuously maintained (including replanting, as necessary) in compliance with the approved landscaping plans, unless such plans are subsequently revised pursuant to a subsequent Design Review approval. Minor landscaping changes which does not have the potential to impact views at mature growth height may be exempt from Design Review
14. Light trespass that results in glare is prohibited.
15. Outdoor lighting must be hooded, fully shielded, and aimed downward.
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Standard Conditions of Approval – Building Division
16. Prior to the issuance of a building permit, the contractor of record shall have a preconstruction 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 and geologists, etc.
17. 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.
18. 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.
19. 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.
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/8878/6375158904303 00000. Any recommendations made by the Board regarding staging plans or construction management will be forwarded to the Building Official for review and consideration.
21. Prior to the issuance of a building permit, the applicant shall submit a drainage plan prepared by a licensed civil engineer to the Building Official for review and approval.
22. Prior to the issuance of a grading permit, a grading plan must be submitted to the Building Official for review and approval. Elevations or height must be certified by a licensed surveyor. The compaction of grade must be certified by a licensed Engineer. The Building Official may also require a shoring plan when necessary. A Geotechnical Engineer shall be required to conduct onsite monitoring of the site during excavation and grading activities; and shall document any ground movement and notify the Building Official of any such movement.
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