DESIGN REVIEW BOARD STAFF REPORT
February 23, 2023
Agenda Item No. 4.3
Case No: Design Review 22-2245
Variance 22-2266
Categorical Exemption
Project Location: 31421 Holly Drive | APN: 056-061-16
Applicant: Dave Frith, Architect
(949) 376-3080 | [email protected]
Property Owner: Aina & Gordon McBean
Prepared By: Community Development Department
Kevin Parker, AICP | Associate Planner
(949) 464-6632 | [email protected]
Board Members within a
500’ Radius: None
REQUESTED ACTION: The applicant requests design review for a 760 square foot addition (first level:
351 SF; second level: 409 SF) to an existing 1,875 square foot single-family residence within the R-1 zone.
The request includes the removal of an existing chimney, a new 300 square foot second-level rear balcony, new doors/windows, a new bay window, a new above ground spa, a 340 square foot remodel that includes the conversion of a bedroom into a new master bathroom, new metal roofing, new AC unit, and replacement of siding. The applicant requests a variance to construct the proposed addition without adding an additional covered parking space or without expanding the existing, legal nonconforming 279 square foot, one-car garage into a two-car garage (LBMC Section 25.56.008(C)).
RECOMMENDATION: Adopt Resolution No. 2245, approving Case No. DR 22-2245, and VAR 22- 2266, for the development of a 760 square foot addition, and new 300 square foot rear balcony to an existing single-family residence, subject to the attached Exhibits ‘A’, ‘B’; and adopt Categorical Exemption pursuant to the California Environmental Quality Act (CEQA).
ATTACHMENTS
1) Draft Resolution
2) Exhibit ‘A’: General Plan Compliance
3) Exhibit ‘B’: Conditions of Approval
Attachment 8
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February 23, 2023
4) Exhibit ‘C’: Proposed Plans
PROPERTY AERIAL PHOTO
PROPERTY INFORMATION
Land Use Designation Village Low Density (1-7 DU/AC)
Zoning Designation R-1 Residential Low Density
Existing Site Improvements
• The existing single-family residence was constructed under the County’s jurisdiction in 1952. The City does not have the original building permit on file.
• 10/24/95 - reroof - permit # 95-1822
• 10/27/04 - replace retaining wall - permit # 04-2166
• 1/19/05 - replace two windows - permit # 05-107
• 7/29/05 – construct three terrace walls – permit # 05-1470 Prior Approvals • None
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ZONING REVIEW
The proposed project complies with applicable zoning standards and guidelines as shown in the summary table below.
Development Standard Required Existing Proposed Total Proposed Site Coverage – Lot 6,874 SF 2,612 SF (38%) 1,740 SF 409 SF 2,149 SF (31%) Height (Lowest floor to top of roof) 30’ 20.125’ 20.125’ No change Setbacks
Front (North)
Side (West)
Side (East)
Front (South)
10’
7.08’
4.33’
20’
26.92’
7.08’
4.33’
50’
23.26 7.08’
4.33’
50’
-3.66’
No change
No change
No change
PROJECT DESCRIPTION
The subject property is located in South Laguna Beach, just one block northeast of South Coast Highway, on a through lot between Holly Drive (north elevation), and Ocean View Street (south elevation), in the R-1 zone. The subject property has a 27 percent steep slope, with a high point along the north elevation.
The scope of work includes a new 760 square foot addition (first level: 351 SF; second level: 409 SF) to an existing 1,875 square foot single-family residence, the removal of an existing chimney, a new 300 square foot second-level rear balcony, new doors/windows, a new bay window, a new above ground spa, a 340 square foot internal remodel that includes the conversion of a bedroom into a new master bathroom, new metal roofing, a new AC unit, replacement of siding, and a variance for the proposed addition without meeting the required parking onsite. The applicant requests a variance to construct the proposed addition without adding an additional covered parking space or without expanding the existing, legal nonconforming, 279 square foot, one-car garage, into a two-car garage (LBMC Section 25.56.008(C)).
The portion of the proposed addition (351 SF) on the first level is within existing enclosed, uninhabitable mechanical and storage space underneath the existing second level. The portion of the proposed addition (409 SF) on the second level is within the footprint of an existing attached front patio cover, outside the front yard setback, on top of existing and previously graded flat cement, as shown in on the next page in Figure 1. Moreover, the proposed second-level balcony on the rear of the existing single-family residence, will not protrude out further than the second level balconies to the adjoining properties to the east and west of the subject property, as shown on the next page in Figure 2. 103
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Figure 1- North Elevation
Figure 2- Balcony Staking
View of adjoining property to the east. View of adjoining property to the west. 104
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DESIGN REVIEW
Pursuant to LBMC Section 25.05.040(H), physical improvements and site developments subject to design review shall be designed and located in a manner which best satisfies the intent and purpose of design review, the city’s village atmosphere and the design review criteria. These guidelines complement the zoning regulations by providing conceptual examples of potential design solutions and design interpretations. The table below lists the guidelines and the proposed project’s applicability and compliance. The following project components require Design Review:
• 760 square foot addition (first level: 351 SF; second level: 409 SF). • 300 square foot second-level rear balcony.
• 340 square foot remodel that reduces the number of bedrooms from four to three (converting an existing bedroom into the new master bathroom).
• New above ground spa.
• Removal of an existing chimney.
• New bay window.
• New AC unit.
• New metal roofing and replacement of siding.
Design Review Criteria Consistency (Yes, No, or N/A If Not Applicable) No. 1 | Access
Yes. The subject property only provides a legal non-conforming one-car garage onsite for the existing 1,875 square foot singlefamily residence. If the requested variance for additions without providing one additional on-site parking is approved, staff believes this criterion has been met as no changes would be made to the legal nonconforming condition.
No. 2 | Design Articulation
Yes. The proposed addition is within the allowable building envelope and maintains the height of the existing structure, which would not increase the massing of the structure as viewed from the street. The proposed addition does not create any
nonconforming setback issues, or open space/ landscape
percentage insufficiencies. The new entryway addition provides a new pitched roof and an architectural projection that extends out approximately 3.7 feet further than the rest of the addition along the north elevation, providing articulation and changes in plane, as shown below in Figure 3:
Figure 3- North Elevation
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No. 3 | Design Integrity
Yes. The proposed rear second-level balcony does not extend further towards the rear property line than the second level balconies on the adjoining properties to the east and west of the subject property. Thus, the proposed second-level balcony is not anticipated to disrupt any adjoining property viewsheds.
Furthermore, the proposed addition is within the existing footprint of a solid patio cover. The metal roofs and new siding provide a contemporary architecture style that is compatible with the surrounding community.
No. 4 | Environmental Context
Yes. The proposed project involves a small addition within the existing footprint of the residence and requires negligible grading. There are no natural features such as rock outcroppings, ridgelines or significant watercourses present. Therefore, this criterion has been met.
No. 5 | General Plan Compliance
Yes. The proposed project complies with the goals and policies of the General Plan as shown in Exhibit ‘A’
No. 6 | Historic Preservation N/A. The single-family residence constructed in 1952 has not been designated as a historical resource.
No. 7 | Landscaping
Yes. No landscaping changes are proposed as part of the proposed project. Additions are within an existing covered patio and enclosed uninhabitable storage space.
No. 8 | Lighting and Glare Yes. The proposed project is required and conditioned to comply with the City’s Good Neighbor Lighting Ordinance.
No. 9 | Neighborhood Compatibility
Yes. The proposed project will not change the property’s compatibility within the neighborhood in that it does not significantly increase the size of the existing structure and keeps a single-family residential character for the site.
No. 10 | Pedestrian Orientation N/A. This criterion pertains to commercial development.
No. 11 | Privacy
Yes. No privacy concerns have been identified. At the time of this report being written, staff has not received any comments related to privacy concerns from any neighbors.
No. 12 | Public Art N/A. This criterion pertains to commercial development.
No. 13 | Sign Quality N/A. This criterion pertains to commercial development.
No. 14 | Sustainability
Yes. 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 prior to building permit issuance.
No. 15 | Swimming Pools, Spas and
Water Features
Yes. The proposed above ground spa is not located within the front, side or rear yard setbacks, and will be protected with a building code required five -foot fence and self-latching gate, to prevent the accidental entering from the nearby community.
No. 16 | View Equity
Yes. Existing views will be protected. The proposed second-level balcony is not anticipated to disrupt any adjoining property viewsheds as indicated in Figure 2. Therefore, this criterion has been met.
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VARIANCE
Variances may be granted only when, among other factors, there are special circumstances applicable to the property involved, including size, shape, topography, location and surroundings, that would cause the strict application of the zoning ordinance to deprive the property of the privileges enjoyed by other similarly situated property in the vicinity and zone. The following project components require Variance:
1. Construct the proposed 760 square foot addition (total square footage with proposed addition: 2,635) without adding an additional covered parking space or without expanding the existing, legal nonconforming 279 square foot, one-car garage into a two-car garage (LBMC Section
25.56.008(C)).
The Design Review Board may approve, approve in part, or conditionally approve a variance based upon making all of the following findings at a noticed public hearing:
(1) There are special circumstances applicable to the property involved, including size, shape, topography, location or surroundings which cause the strict application of the zoning ordinance to deprive such property of privileges enjoyed by other property in the vicinity and under identical zoning classification.
The subject property is located on a steep, 27 percent sloped, 6,875 square foot through lot in South Laguna Beach. This area of the City was developed under the County of Orange jurisdiction and was later annexed to the City in the late 1990’s. The existing 1,875 square foot, two-story residence, with attached 279 square foot, one-car garage, is legal non-conforming. According to LBMC (Section 25.56.008(C) Adding to or enlarging nonconforming structure) “…existing single-family dwellings that have a nonconforming number of required parking spaces may be enlarged or expanded without complying with the required number of spaces, if the total gross floor area of the residential structure, including the proposed enlargement or addition, does not exceed fifteen hundred square feet and at least one parking space is provided on the property.” The portion of the proposed addition (351 SF) on the first level is within existing enclosed, uninhabitable mechanical and storage space underneath the existing second level. The portion of the proposed addition (409 SF) on the second level is within the footprint of an existing attached front patio cover, outside the front yard setback, on top of existing and previously graded flat cement. Widening the existing onecar garage onsite, may effectively eliminate one street parking space, providing no net gain of parking. See Figure 4 below.
Figure 4- View of Subject Property from Holly Drive
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Additionally, the applicants only options for complying with the two covered parking spaces requirement would be to: 1) add an additional covered parking space on the high side of the lot adjacent to the existing garage; 2) construct a new two-car garage; or 3) take access from the lower portion of the lot from Ocean View Street. Options numbers 1 and 2 would require a complete redesign of the front access area. Moreover, it would add massing on the high side of the lot along Holly Drive, and potentially make the project cost prohibitive for the applicant due to the location, existing topography, and construction of the existing garage. Option number 3 would allow access from the lower portion of the lot, but would require an excessive excavation of the earth to make the necessary cuts into the steep slope. Furthermore, this proposal would not be user friendly to the applicant due to the steep terrain, and would surmount to an expensive, un-practical “checking of the box” for code compliance of parking. In staff’s analysis of the site, which included a site visit, it is staff’s belief the strict application of the zoning ordinance would be depriving the applicant the ability to construct an addition that is mostly within the existing building footprint and causing no additional massing to the site and therefore, staff believes this finding can be made. (2) Such variance is necessary for the preservation and enjoyment of a substantial property right of the applicant, which right is possessed by other property owners under like conditions in the same vicinity and zone.
The proposed 760 square foot two-story addition is modest in nature since it is not expanding the existing footprint or height of the structure. The proposed project is reducing the number of bedrooms from four to three, thus, reducing the assumed number of cars needing to be parked. While not precedent setting, a similar sized lot located one street over on 31411 Monterey Street has just a one car garage, as indicated below in Table A:
Table A- Similar Property
Address Bedrooms Building Square Footage Onsite Parking Subject Property 4 existing
3 proposed
2,635 (proposed total) 1 garage
31411 Monterey St 3 1,936 1 garage
(3) The granting of the variance will not be detrimental to the public health, safety, convenience and welfare or injurious to property or improvements in the vicinity in which the property is located.
The 760 square foot addition, will not impact any view sheds, it will maintain the existing building envelope setbacks, and height. The proposed project reduces the number of bedrooms, and therefore will not cause the need for any additional parking. The open space landscape percentage is being maintained towards the rear of the property with lush landscape. The proposed project is categorized as a minor remodel. Adding covered parking on the south end of the property along Ocean View Street will require extreme cuts into the slope, it would reduce the percentage of open space landscaping significantly, and it would trigger the project into a major remodel, subject to additional requirements and expenses. Existing slope is shown below in Figure 5:
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Figure 5- View from South Elevation
(4) The granting of such a variance will not be contrary to the objectives of the zoning ordinance or the general plan.
The granting of the variance will not be contrary to the objectives of the Zoning Ordinance or the General Plan as identified in Exhibit A). The addition would facilitate development that would closely mirror the single-family residences found within the nearby community. Furthermore, the project does not protrude outside the existing footprint.
ADDITIONAL INFORMATION:
California Environmental Quality Act (CEQA) Determination In accordance with the California Environmental Quality Act (CEQA) guidelines, the project is categorically exempt pursuant to Class 1, Section 15301(e)(1) - Existing Facilities, Class 31, Section 15331.
Class 1, Section 15301(e)(1) - 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. Additions to existing structures provided that the addition will not result in an increase of more than 50 percent of the floor area before the addition (existing floor plan 1,875 square feet), or 2,500 square feet, whichever is less. The proposed addition is 760 square feet. 109
DRAFT DRB RESOLUTION 22-2245
A RESOLUTION OF THE OF THE DESIGN REVIEW BOARD OF THE
CITY OF LAGUNA BEACH, CALIFORNIA APPROVING DESIGN
REVIEW 22-2245, AND VARIANCE 22-2266, FOR A 760 SQUARE FOOT ADDITION, A 300 SQUARE FOOT BALCONY, A VARIANCE FOR NOT
MEETING THE REQUIRED PARKING ONSITE AND APPROVING
CATEGORICAL EXEMPTION PURSUANT TO CALIFORNIA
ENVIRONMENTAL QUALITY ACT.
31421 Holly Drive | APN: 056-061-16
WHEREAS, on January 31, 2023, a notice was mailed to all property owners within a 300' radius and tenants within a 100' radius announcing the February 23, 2023, public hearing of the Design Review Board for the proposed project; and
WHEREAS, on February 23, 2023, the Design Review Board carefully considered the oral and documentary evidence and arguments presented at the duly noticed hearing.
NOW, THEREFORE, THE DESIGN REVIEW BOARD OF THE CITY OF LAGUNA BEACH DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section 1: Design Review 22-2245, and Variance 22-2266 for a 760 square foot addition (first level: 351 SF; second level: 409 SF) to an existing 1,875 square foot single-family residence, the removal of an existing chimney, a new 300 square foot second-level rear balcony, new doors/windows, a new bay window, a new above ground spa, a 340 square foot internal remodel that includes the conversion of a bedroom into a new master bathroom, new metal roofing, a new AC unit, replacement of siding, and a variance for the proposed addition without meeting the required parking onsite (“Proposed Project”) is approved. The proposed project is exempt from the provisions of the California Environmental Quality Act in accordance with State CEQA Guidelines 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.; and Section 2: The proposed project is consistent with the applicable Laguna Beach Municipal Code Title 25 development standards and guidelines as outlined in the Zoning Review section of the Staff Report.
Section 3: The proposed project is consistent with the Design Review criteria related to access, design articulation, design integrity, environmental context, general plan compliance, landscaping, lighting, neighborhood compatibility, privacy, sustainability, and view equity as outlined in the Design Review section of the Staff Report.
Section 4: The Variance findings can be made for the Proposed Project for the reasons and factual basis set forth in the Variance section of the Staff Report.
Section 5: The project is in conformity with all the applicable provisions of the general plan and any applicable specific plans for the reasons and factual basis set forth in Exhibit A of the Staff Report. 110
Section 8: Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the approval authority and the permittee to bind all future owners and possessors of the subject property to the terms and conditions.
Section 9: Indemnification. The permittee shall defend, hold harmless and indemnify, at his/her/its expense, the City, the City Council and other City bodies and members thereof, officials, officers, employees, agents and representatives (collectively, the City) from and against any and all third-party claims, actions or proceedings to attack, set aside, void or annul the approval of this application for Design ReviewDesign Review, or any associated determination made pursuant to the California Environmental Quality Act. This obligation shall encompass all costs and expenses incurred by the City in defending against any claim, action or proceeding, as well as costs, expenses or damages the City may pay as a result of such claim, action or proceeding. In the event an action or proceeding is filed in court against the City, the Design Review, or any associated determination, the permittee shall promptly be required to execute a formal indemnification agreement with the City, in a form approved by the City Attorney, which shall include, among other things, that the City will be defended by the counsel of its choice, and that the permittee shall deposit with the City sufficient funding, and thereafter replenish the funding, to ensure that the City’s defense is fully funded, by the permittee. The deposit amount and replenishment schedule shall be established by the City.
Section 10: Plan Reliance and Modification Restriction. In the absence of specific provisions or conditions herein to the contrary, the attached Staff Report and its Exhibits ‘A’, and ‘B’, are incorporated and made a part of this Resolution. It is required that the Exhibits ‘B’ be complied with and implemented in a manner consistent with the approved use and other conditions of approval. Such exhibits for which this permit has been granted shall not be changed or amended except pursuant to a subsequent amendment to the permit or new permit as might otherwise be required or granted pursuant to the terms of Title 25 of the Laguna Beach Municipal Code.
Section 11: Grounds for Revocation or Modification. Failure to abide by and faithfully comply with Exhibits ‘B’ and ‘C’ attached to the granting of the proposed project may constitute grounds for revocation or modification of the permit.
Section 12: Right of Appeal and Effective Date. The applicant or any other owner of property within three hundred feet of the subject property aggrieved by the Design Review Board’s decision on Design Review 22-1451 or Variance 22-1928 may appeal such decision to the City Council. The Design Review Board’s determination to approve a Categorical Exemption under CEQA may be appealed by any person to the City Council. Any appeal shall be in written form filed with the City Clerk within fourteen calendar days of the decision and shall specifically state each and every ground for the appeal and be accompanied by payment of the required appeal fee. If no appeal is filed timely, the Design Review Board decision will be effective 14 calendar days after the date of the decision.
Section 13: For the foregoing reasons and based on the information and findings included in the Staff Report, Minutes and records of proceedings, the Design Review Board of the City of Laguna Beach hereby approves the proposed project, subject to the conditions of approval and plans in the attached Exhibits ‘B’.
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PASSED on February 23, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: ______________________________________
Don SheridanDon Sheridan, Chair
Russell W. Bunim, AICP, Planning Manager
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EXHIBIT ‘A’
GENERAL PLAN GOALS AND POLICIES CONFORM (Y, N OR N/A)
Land Use Element (LU) 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.
Yes, refer to Design Review Criterion No. 16 above.
LU Element Action 7.3.2 Review all applications
for new development to determine potential threats
from coastal and other hazards.
LU Element Action 7.3.3 Design and site new
development to avoid hazardous areas and minimize
risks to life and property from coastal and other
hazards.
N/A. this project is not located on an oceanfront
blufftop lot.
LU Element Action 7.3.4 Require new
development to assure stability and structural
integrity, and neither create nor contribute
significantly to erosion, geologic stability, or
destruction of the site or surrounding area or in any
way require the construction of protective devices
that would substantially alter natural landforms
along bluffs and cliffs.
Yes, the development will not create nor contribute
significantly to erosion, geologic stability, or
destruction of the site or surrounding area and will
not require construction of protective devices.
LU Element Action 7.3.5 Prohibit development on
oceanfront bluff faces, except public improvements
providing public access, protecting coastal
resources, or providing for public safety. Permit
such improvements only when no feasible
alternative exists and when designed and
constructed to minimize landform alteration of the
oceanfront bluff face, to not contribute to further
erosion of the oceanfront bluff face, and to be
visually compatible with the surrounding area to the
maximum extent feasible.
N/A, this project is not located on an oceanfront
blufftop lot.
LU Element Action 7.3.6 Require new
development on oceanfront blufftop lots to
incorporate drainage improvements, removal of
and/or revisions to irrigation systems, and/or use of
native or drought-tolerant vegetation into the design
to minimize threats to oceanfront bluff recession.
N/A, this project is not located on an oceanfront
blufftop lot.
LU Element Action 7.3.8 On oceanfront bluff sites,
require applications where applicable, to identify
and removal all unpermitted and/or obsolete
structures, including but not limited to protective
devices, fences, walkways, and stairways, which
encroach into oceanfront bluffs.
N/A, this project is not located on an oceanfront
blufftop lot.
113
GENERAL PLAN GOALS AND POLICIES CONFORM (Y, N OR N/A)
LU Element Action 7.3.9 Ensure that new
development, major remodels and additions to
existing structures on oceanfront and oceanfront
bluff sites do not rely on existing or future
bluff/shoreline protection devices to establish
geologic stability or protection from coastal hazards.
N/A, this project is not located on an oceanfront
blufftop lot.
LU Element Action 7.3.10 Allow oceanfront and
oceanfront bluff homes, commercial structures, or
other principal structures, that are legally
nonconforming as to the oceanfront and/or
oceanfront bluff edge setback, to be maintained and
repaired; however, improvements that increase the
size or degree of nonconformity, including but not
limited to development that is classified as a major
remodel pursuant to the definition in the Land Use
Element Glossary, shall constitute new development
and cause the pre-existing nonconforming
oceanfront or oceanfront bluff structure to be
brought into conformity with the LCP.
N/A, this project is not located on an oceanfront
blufftop lot.
LU Element Action 7.3.11 Require all coastal
development permit applications for new
development on an oceanfront or on an oceanfront
bluff property subject to wave action to assess the
potential for flooding or damage from waves, storm
surge, or seiches, through a wave uprush and impact
report prepared by a licensed civil engineer with
expertise in coastal processes. The conditions that
shall be considered in a wave uprush study are: a
seasonally eroded beach combined with long-term
(75 years) erosion; high tide conditions, combined
with long-term (75 year) projections for sea level
rise; storm waves from a 100-year event or a storm
that compares to the 1982/83 El Niño event.
N/A, this project is not located on an oceanfront
blufftop lot.
OSC Policy 1.5Q Any development application for
shoreline construction shall be reviewed with
respect to the criteria contained in the Guidelines for Shoreline Protection, including the effects of beach
encroachment, wave reflection, reduction in seacliff
sand contribution, end effects and aesthetic criteria.
N/A, this project is not located on an oceanfront
blufftop lot.
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EXHIBIT ‘B’
CONDITIONS OF APPROVAL
Standard Conditions:
1. The conditions of approval shall be and hereby are obligations of and binding upon the applicant and his/her heirs, successors, assigns, agents and representatives. The conditions shall constitute a covenant running with and binding the land in accordance with the provisions of California Civil Code Section 1468. Failure to comply with such conditions, and each of them, and any other related federal, state and local regulations may be grounds for revocation of the approval, in addition to other remedies that may be available to the City.
2. The applicable Certificate of Use and/or Certificate of Occupancy shall not be issued until City staff has verified compliance with all conditions of approval.
3. Prior to Building Permit issuance, the owner, his architect/designer/structural engineer, and contractor of the subject property shall sign an Affidavit of Plan Consistency, whereby the signees affirm that the structural plans are consistent with the Zoning Division-approved set of plans and any modification will require subsequent review and approval.
4. In the absence of specific provisions or conditions herein to the contrary, the application and all relevant plans and exhibits are incorporated and made a part of this approval. It is required that such plans and exhibits be complied with and implemented in a consistent manner with the approved use and other conditions of approval. Such plans and exhibits for which this approval has been granted shall not be substantially changed or substantially amended except pursuant to a subsequent approval as might otherwise be required or granted pursuant to the terms of Title 25 of the City of Laguna Beach Municipal Code.
5. The permittee shall defend, hold harmless and indemnify, at his/her/its expense, the City, the City Council and other City bodies and members thereof, officials, officers, employees, agents and representatives (collectively, the City) from and against any and all third-party claims, actions or proceedings to attack, set aside, void or annul this approval, or any associated determination made pursuant to the California Environmental Quality Act. This obligation shall encompass all costs and expenses incurred by the City in defending against any claim, action or proceeding, as well as costs, expenses or damages the City may be required by a court to pay as a result of such claim, action or proceeding.
6. Expiration. This approval shall lapse and 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. The approval authority may grant a two-year extension of time and, after that initial extension of time, a final one-year extension of time. Such time extensions shall be requested in writing by the applicant or authorized agent prior to the expiration of the beginning two-year approval period or a subsequently approved extension of time. 115
7. Reapplication Waiting Period. After denial of a project, no application for a project located on the same parcel or building site may be filed or accepted for filing for two months.
8. Light trespass that results in glare is prohibited.
9. Outdoor lighting must be hooded, fully shielded, and aimed downward.
10. Modifications. Additions or enlargements of structures upon property for which a variance has been granted shall not be allowed except pursuant to a subsequent variance as might otherwise be required or granted pursuant to the terms of Title 25 of the City of Laguna Beach Municipal Code.
Project Specific Special Conditions:
1. The five-foot fence proposed along Holly Drive shall be constructed according to the 2022 California Building Code requirements for a non-climbable fence that secures a swimming pool/spa, and include the self-latching requirements for the front access gate. 116
EXHIBIT ‘C’
PROPOSED PLANS
117