RESOLUTION NO. 25-2296
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF LAGUNA BEACH, CALIFORNIA, FINDING THAT
THE POTENTIAL SUMMARY VACATION OF CITY-OWNED
STORM DRAIN EASEMENT AT 1377 DUNNING DRIVE IS IN
CONFORMITY WITH THE GENERAL PLAN PURSUANT TO
GOVERNMENT CODE SECTION 65402; AND FINDING THE
PROJECT CATEGORICALLY EXEMPT FROM CEQA
PURSUANT TO STATE CEQA GUIDELINES SECTION 15301
WHEREAS, on June 26, 2025, the Design Review Board approved Design Review 25-0806 and Coastal Development Permit 25-0807 for a new 352-square-foot upper-level addition, a 375-squarefoot expansion of an existing elevated deck with a new exterior access stairway, a 10-square-foot expansion of an existing elevated catwalk, and an attached ADU at 1377 Dunning Drive, and found the project exempt from CEQA pursuant to Section 15301. Condition No. 18 of Resolution No. 25-0806 specified that: “Prior to issuance of building permits for any improvements encroaching into the 5-footwide storm drain easement, which traverses diagonally across the property – from approximately 40 feet from the front property line along the eastern boundary to approximately 96 feet from the front property line along the western boundary – the applicant shall provide documentation to the City confirming that the respective easement has been vacated; and
WHEREAS, the owner of property located at 1377 Dunning Drive (“Applicant”) has requested a General Plan consistency determination for the proposed summary vacation of a five-foot-wide Cityowned storm drain easement encompassing approximately 973 square feet that traverses diagonally across the privately owned property at 1377 Dunning Drive in the Temple Hills neighborhood (the “Project”); and
WHEREAS, in accordance with Government Code section 65402, the Planning Commission must report on the conformity of the easement vacation with the General Plan; 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. On June 26, 2025, the Design Review Board found the entirety of the Project exempt from the California Environmental Quality Act (CEQA) under State CEQA Guidelines, Section 15301 – Existing Facilities, Section 15301 - Existing Facilities, in that the project consists of the repair, 9 Attachment 3
General Plan Consistency 25-2296
November 19, 2025
maintenance, or minor alteration of existing structures or topographical features, involving negligible or no expansion of existing or former use. The Planning Commission hereby finds there have been no changes to the Project, no changed circumstances, and no new information that could not have been previously known, that would trigger the need for a subsequent CEQA review. Upon approval of General Plan Consistency determination 25-2296, staff will cause a Notice of Exemption in connection with this subsequent Project approval to be filed with the County Recorder's Office and State Clearinghouse within five days of adoption of this Resolution.
SECTION 3. The Planning Commission hereby considered the following criteria with respect to General Plan Consistency 25-2296:
Location of the Property Disposition. The City-owned storm drain easement, located on Lot 19 of Tract No. 1970, within the privately owned parcel identified as 1377 Dunning Drive, is situated in the Temple Hills residential neighborhood. The property has a General Plan land use designation of Village Low Density, which permits single-family residential development.
Vacating the easement will enable development of the site in the area currently encumbered by the diagonal segment of the obsolete storm drain easement, for which the property has recently received entitlement approvals. The easement area extends into a buildable area of the lot, outside of the required building setbacks.
Purpose of the Property Disposition. Vacating the easement will allow construction of an ADU within the portion of the property currently encumbered by the obsolete storm drain easement General Plan Compliance:
The proposed summary vacation complies with all applicable General Plan policies, including the following:
Housing Element Policy HE-2.13 Encourage the expansion of rental housing opportunities in the City.
The proposed vacation of the obsolete five-foot-wide storm drain easement is consistent with Housing Element Policy HE-2.13, which encourages the expansion of rental housing opportunities in the City. By removing an unnecessary encumbrance, the vacation will enable the construction of an ADU on the property, thereby contributing to the City’s overall supply of rental housing. ADUs provide smaller, more affordable housing options within established neighborhoods and support the City’s goal of maintaining a diverse range of housing opportunities for residents.
Housing Element Policy HE-2.17 Foster opportunities for small scale infill development as a means to expand housing opportunities and incrementally provide affordable housing. 10 General Plan Consistency 25-2296
November 19, 2025
The proposed vacation of the obsolete five-foot-wide storm drain easement is consistent with Housing Element Policy HE-2.17. This policy encourages small-scale infill development to expand housing opportunities in the City. Here, the vacation would accommodate the construction of a 429-square-foot attached ADU on the lower level of the existing single-family residence, which constitutes small-scale infill development.
Open Space and Conservation Element Policy 6.5 Discourage the abandonment of dedicated unimproved street right-of-ways, public easements, or other reservations secured by the City, unless such action is in the public interest. The City shall not abandon a street, right-of-way, easement or other reservation if it adversely impacts public access to beaches and trails.
The proposed vacation of the five-foot-wide storm drain easement is consistent with Open Space and Conservation Element Topic 6, Policy 5, which discourages the abandonment of public easements unless such action serves the public interest. In this case, the vacation is in the public interest as it will effectuate the removal of a property restriction that no longer serves a public service purpose. The Public Works Department has verified that the easement is no longer used or needed for storm drainage functions due to system upgrades completed in the area, including, but not limited to, the installation of a storm drain pipe that traverses partially across the rear of the property, approximately 165 feet from the existing and proposed structures.
Additionally, the subject property is not located near the beach, coastal accessways, or any public canyon trails; therefore, the proposed vacation will not adversely impact public access to open space or recreational resources.
Extent of Property Disposition. The City-owned easement consists of a five-foot-wide storm drain easement encompassing approximately 973 square feet. The easement extends diagonally across the privately owned property at 1377 Dunning Drive, from approximately 40 feet from the front property line along the eastern boundary to approximately 96 feet from the front property line along the western boundary.
SECTION 4. The Planning Commission hereby finds that the summary vacation of the Cityowned storm drain easement on property located at 1377 Dunning Drive is consistent with the City of Laguna Beach General Plan based on the policies in the General Plan, the considerations required by California Government Code Section 65402, and evidence contained in the November 19, 2025, Planning Commission staff report.
SECTION 5. 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. 11 General Plan Consistency 25-2296
November 19, 2025
SECTION 6. 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 19th day of November,2025.
AYES: Commissioner(s)
NOES: Commissioner(s)
ABSENT: Commissioner(s)
ATTEST:
Steve Kellenberg, Chairperson
Planning Commission
City of Laguna Beach, California
Samantha Beier
Planning Manager
City of Laguna Beach, California
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