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Attach 4 - August 13, 2025 Community Development Director Meeting Staff Repo

Laguna Beach City Council
January 27, 2026

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Attach 4 - August 13, 2025 Community Development Director Meeting Staff Repo
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January 27, 2026
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Laguna Beach City Council
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ADMINISTRATIVE COMMUNITY DEVELOPMENT DIRECTOR MEETING

STAFF REPORT
August 13, 2025
Agenda Item No. 2
Case No: Design Review 25-1490 and Coastal Development Permit 25-1516 Request: Construction of a detached structure consisting of two accessory dwelling units and elevated decks
Location: 225 Viejo Street | APN: 053-123-10
Applicant: Lance Polster, Architect
(949) 497-1254 | [email protected]
Owner: Paul Kalemkiarian
Staff: Community Development Department
Daniel Besinaiz, Associate Planner
(949) 497-0745 | [email protected]
Recommendation:

Conduct a public hearing and by motion adopt Community Development Director Determination 25-1516 (Attachment 1) approving Design Review 25-1490 for elevated decks, Coastal Development Permit 25- 1516 for the construction of a detached structure consisting of two accessory dwelling units and elevated decks and finding said action exempt from CEQA under Section 15303.

CEQA:

The project qualifies for a categorical exemption pursuant to State CEQA Guidelines, Section 15303 – Class 3, New Construction or Conversion of Small Structures, in that the Project consists of construction and location of limited numbers of new, small structures.

Coastal Development Permit:

This project requires a coastal development permit pursuant to the Laguna Beach Municipal Code (LBMC) Chapter 25.07 (Coastal Development Permits), specifically LBMC Section 25.07.004, for two detached accessory dwelling units, which are not subject to Design Review. The decision by the Community Development Director can be appealed to the City Council upon the payment of $2,000 and in accordance with LBMC Section 25.05.070. The decision by the City Council is not appealable to the California Coastal Commission.

Attachment 4
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EXECUTIVE SUMMARY:

The Applicant, Lance Polster, is requesting Design Review 25-1490 and a Coastal Development Permit 25- 1516. The proposed project includes constructing a detached structure consisting of two accessory dwelling units (ADUs) with two elevated decks in the R-2 (Residential Medium Density) zone (the “Project”). The elevated decks require design review and approval of a coastal development permit (CDP). The proposed ADUs are exempt from design review but require approval of a CDP.

It is recommended that the Director of Community Development approve the project. Staff has analyzed the Applicant’s request and believes that all of the findings of fact necessary for approval can be made for the requested entitlements.

PROPERTY AERIAL PHOTO
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SITE PHOTOS

PROPERTY INFORMATION
Land Use Designation Village Medium Density (1-22 DU/AC) Zoning Designation R-2 Residential Medium Density

ZONING REVIEW
The proposed project complies with applicable zoning standards and guidelines as shown in the summary table below.

Development Standard Required Existing Proposed
(ADU) Conforms
Height (above curb elevation) 25’ (18’ ADU) 22.71’ 18’ Yes Height (Lowest floor to top of roof) 25’ (18’ ADU) 22.71’ 18’ Yes Setbacks
Front
Side (South)
Side (North)
Rear
20’
8’ Combined
8’ Combined
10’

71.8’

4.9’

2.9’
20’
20’
4’
4’

60.5’
Yes
Yes
Yes
Yes
Parking 4 Covered 2 Covered No change No1
1 The site is improved with an existing duplex and attached two-car garage and is legal, nonconforming due to parking deficiency.

No parking is required for the proposed ADUs, which are located within one-half mile walking distance of public transit (LBMC Section 25.17.040(E)(6)(c)(v)).
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DISCUSSION/ANALYSIS:

Site History
The Project site is improved with an existing two-story duplex and attached two-car garage at the rear of the property in the R-2 (Residential Medium Density) zone. The lot is relatively flat with an average lot slope of 0.07% and is surrounded by residential uses to the west, north, and east sides of the property and an alley and commercial zones along North Coast Highway to the south.

There are no previous entitlements on the subject property.

Proposed Project
The proposed project includes constructing an 18-foot, two-story detached structure consisting of two 655 square-foot accessory dwelling units and two 87 square-foot elevated decks. The structure is proposed to be between the existing duplex and the street frontage, while maintaining a 20’ front yard setback and complies with the required minimum four-foot side and rear setbacks.

B. The State ADU Law
Under the “State ADU Law” (codified at Government Code § 66310, et seq.), an “ADU is defined to mean “an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence...” (Gov. Code § 65852.2(j)(1).) An ADU must contain “permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.” (Id.) A city is authorized to “provide for the creation of ADUs in areas zoned to allow single-family or multifamily dwelling residential use” by way of ordinance. (Gov. Code Section 66314.) Any ordinance governing the creation of an ADU must provide an approval process that includes only ministerial provisions for the approval of ADUs and must not include any discretionary processes, provisions, or requirements for those ADUs, except as otherwise allowed by the state ADU law. (Gov. Code Section 66316.) A permit application for an ADU or JADU must be considered and approved ministerially without discretionary review or hearing. (Gov. Code Section 66317.)
Notwithstanding the above provisions, the State ADU Law does not supersede or alter the application of the Coastal Act, except that a city is not required to hold a public hearing on coastal development permit applications for ADUs:

Nothing in this section shall be construed to supersede or in any way alter or lessen the effect of application of the Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local government shall not be required to hold public hearings for coastal development permit applications for accessory dwelling units. (Gov. Code Section 66329.)
C. The City’s ADU Ordinance
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In recent years, the Legislature has approved, and the Governor has signed into law, numerous bills that amended Government Code sections 65852.2 and 65852.22 to impose new limits on local authority to regulate accessory dwelling units and junior accessory dwelling units (collectively “State ADU Law”).2 Notwithstanding this legislation, State ADU Law provides that it “shall not be construed to supersede or in any way alter or lessen the effect or application of the Coastal Act of 1976. . . .” (Gov. Code § 66329.) The California Department of Housing and Community Development’s (“HCD”) ADU Handbook advises that State ADU Law applies in the coastal zone, but “do[es] not necessarily alter or lessen the effect or application of Coastal Act resource protection policies.” Accordingly, HCD opines, a local government could, for example, impose stricter setback or parking standards in the coastal zone “if required by a local [c]oastal [p]rogram.” (HCD’s July 2022 ADU Handbook, at pgs. 15-16, 27-28).3
The City’s regulations governing the approval of ADUs and JADUs are provided in the City’s LCP, specifically Chapter 25.17 (Accessory Dwelling Units and Junior Accessory Dwelling Units) of Title 25 (Zoning) of the Laguna Beach Municipal Code. On November 16, 2021, the City Council adopted Ordinance No. 1665, which identified self-contained accessory dwelling units as subject to the coastal development permit application process. The City updated Chapter 25.17 to comply with State ADU Law via LCP Amendment No. 21-8239, which was certified by the Coastal Commission on September 7, 2023.

In 2024, the California Legislature approved, and the Governor signed into law, Assembly Bill 2533 (“AB 2533”) and Senate Bill 1211 (“SB 1211”), which further amend State ADU Law and come into effect on January 1, 2025. Below is an overview of the City Council’s most recent actions relating to its requirements for ADUs and JADUs:
 On December 10, 2024, the City Council found that there was a current and immediate threat to the public health, safety, or welfare and adopted Urgency Ordinance No. 1707.  On January 14, 2024, the City Council adopted Urgency Ordinance No. 1709, extending Urgency Ordinance No. 1707 and implementing certain modifications to Chapter 25.17 and directed staff to consider additional modifications.
 On March 11, 2025, the City Council adopted Urgency Ordinance No. 1713 implementing additional minor modifications to Chapter 25.17.
 On March 25, 2025, the City adopted non-urgency Ordinance No. 1715 to mirror the ADU and JADU requirements reflected in Urgency Ordinance No. 1713. The City also submitted Ordinance No. 1715 to the Coastal Commission for certification; and Based on the number of pending ADU applications (approximately 84 as of April 7, 2025) within the City, the City implemented a policy that applications filed before 5:00 p.m. on December 10, 2024 are subject to the objective design standards and Coastal Act implementing standards in effect under LCP Amendment No. 21-8239 and applications filed after December 10, 2024 are subject to the objective design standards and Coastal Act implementing standards in effect under the City’s existing urgency ordinance. As the 2 The State ADU Law is been re-chaptered at Gov. Code § 66314, et seq. 3 HCD’s ADU Handbook is authorized by Gov. Code § 65852.2(i), which provides that HCD may “review, adopt, amend, or repeal guidelines to implement uniform standards or criteria that supplement or clarify the terms, references, and standards set forth in this section.” The ADU Handbook is available at the following location:
https://www.hcd.ca.gov/sites/default/files/2022-07/ADUHandbookUpdate.pdf 129
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application for the Project was submitted on October 20, 2022, it is subject to the objective design standards and Coastal Act implementing standards in effect under LCP Amendment No. 21-8239 and was reviewed and cleared for hearing pursuant to Chapter 25.17 (Accessory Dwelling Units and Junior Accessory Dwelling Units) of Title 25 (Zoning) of the Laguna Beach Municipal Code.

ENTITLEMENTS: Included within this staff report is an analysis of the following entitlements: design review and coastal development permit.

Design Review
The following element requires design review: elevated decks (See Laguna Beach Municipal Code (LBMC) Section 25.05.040(B)(3)(a)(ii). Design review is governed by LBMC Section 25.05.040. Design Review is considered by the Design Review Board at a duly noticed public hearing where the following findings are considered in relation to the proposed development:

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 elevated decks will not conflict with vehicles, pedestrians and other modes of transportation because their locations are entirely within private property and allowable building envelope. Handicapped access is not required for this project type.

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, separation, offsets, terracing and reducing the size of any one element in the structure may be used to reduce the appearance of mass.

The project will feature a cohesive and well-integrated design for both decks. It is noted that the side of the structure where the proposed decks are located faces commercially zoned properties along Coast Highway and overlooks an adjacent alley.

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 decks will be constructed in conjunction with the proposed ADUs and will utilize similar materials and architectural styling to ensure visual consistency. The decks are partially integrated into the building’s form through terracing, allowing for a cohesive and harmonious overall design.
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4. Environmental Context: Development should preserve and, where possible, enhance the city’s scenic natural setting. Natural features, such as existing heritage trees, rock out-cropping, ridgelines and significant watercourses should be protected. Existing terrain should be utilized in the design and grading should be minimized.

The proposed Project is located within a developed residential neighborhood, and there are no existing heritage trees, ridgelines, rock outcroppings, or significant watercourse on the site. The decks will not have a significant impact on the surrounding terrain as the proposed decks are elevated and do not require grading.

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.

The project complies with the following applicable General Plan policies.

General Plan Policies
Land Use (LU) 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.

As discussed in the environmental context above, the proposed decks will not result in any grading export and will therefore have minimal alteration of the existing topography. Existing public views will be protected because the proposed decks are situated more than 20 feet from Viejo Street.

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. 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 proposed decks are partially integrated into the second floor of the proposed detached structure minimizing their visual prominence. Placement on the side of the structure opposite adjacent residential properties ensures that views from surrounding properties are preserved.

6. Historic Preservation: Destruction or alteration to historic resources should be avoided whenever possible. See Chapter 25.45 for more information.

The Project site contains an existing duplex and attached two-car garage that are not considered historic resources and there are no adjacent historic resources that would be impacted by the Project.

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 131
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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.

New landscaping is not proposed with the Project and existing landscaping is proposed to remain.

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, highgloss 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.

The proposed exterior building lighting will be adequate for individual and public safety and will not significantly impact neighboring properties. The proposed lighting fixtures will be aimed downward, and the bulbs will be fully shielded and hooded to comply with the City’s Good Neighbor Outdoor Lighting Ordinance (LBMC Chapter 7.70). The proposed building finish materials will not be highly reflective or result in glare.

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 decks will be compatible with the surrounding neighborhood, in that it is common for nearby properties to utilize outdoor space with distant ocean views through at-grade decks, elevated decks, and balconies.

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 and is not applicable to the proposed project.

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 decks are south-facing and situated on the side of the proposed structure opposite the adjacent residential properties. Adjacent commercial properties to the south contain no windows or features that directly interface with the project site, minimizing potential impacts on privacy or visual intrusion.
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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 and is not applicable to the proposed project.

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 and is not applicable to the proposed project.

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.

The Project will be required to meet Title 24 Energy and Building Code requirements.

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 include swimming 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 Project is not anticipated to impact view equity, as the proposed elevated decks are located on the side of the proposed structure opposite the adjacent residential properties.

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.

Yes. The project is consistent with the Residential Design Review Guidelines, as explained above. 133
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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.

Yes. See Findings above under Design Review Criteria 2, 3, 4, and 9 for design articulation, design integrity, environmental context, and neighborhood compatibility, with the facts provided incorporated herein by reference.

Finding No. 4. The project is consistent with any specific plan or any other specific zoning design review criteria.

The Project is not located within any specific plan and the R-2 zoning does not contain any specific design review criteria.

Coastal Development Permit
The proposed detached accessory dwelling units and elevated decks require the approval of a coastal development permit. (See LBMC Section 25.07.004.) Coastal Development Permits are governed by LBMC Chapter 25.07. A Coastal Development Permit is considered by the Director of Community Development. or his Designee at a duly noticed public hearing where the following findings are considered in relation to the proposed development:

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.

The proposed structure and the elevated decks do 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 because the project is located on private property and improvements are proposed within the buildable area of the lot.

2. The proposed development will not adversely affect marine resources, environmentally sensitive areas, or archaeological or paleontological resources.

The subject property is developed with an existing duplex, and the Project consists of construction of two detached ADUs and elevated decks. The project site does not contain any known marine resources, environmentally sensitive areas, or archaeological or paleontological resources.

Therefore, the proposed development will not adversely affect marine resources, environmentally sensitive areas, or archaeological or paleontological resources on or near the project site.

3. The proposed development will not adversely affect recreational or visitor-serving facilities or coastal scenic resources.
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The Project site is located in a developed area within the City in the R-2 zone. The proposed development will not adversely affect recreational or visitor serving facilities because there are no recreational or visitor-serving facilities in close proximity to the Project site.

The proposed development will also not adversely affect coastal scenic resources. The Project site is inland from North Coast Highway and therefore the Project does not impact any view corridors of the beach and ocean from North Coast Highway.

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 closest adjacent park and recreation area is Crescent Bay Point Park. This is approximately .30 miles from the Project site with continuously developed properties and a public road (North Coast Highway) between the project site and the nearest part of the park acting as a buffer. The proposed development, which includes a detached structure with two ADUs and elevated decks, is designed to avoid any adverse impacts to such park and recreation area.

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, which consists of a detached structure consisting of two ADUs, involves minimal grading (4.49 cubic yards of net export outside the building footprint and 2.69 cubic yards of net import inside the building footprint) and therefore does not pose undue risks of geological and erosional forces or flood and 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.

The proposed development will be visually compatible with the character of surrounding areas because it consists of both one- and two-story homes. The Project site is not located within a visually degraded area, but the Project will restore and enhance the visual quality of the Project site given that the original duplex was constructed in 1948 and is improved with an approximate 1,689 squarefoot duplex and approximate 450 square-foot, attached, two-car garage.

7. The proposed development will not have any adverse impacts on any known archaeological or paleontological resource.

Yes. The Project site has already been developed with an existing duplex and the Project involves construction of a detached structure consisting of two ADUs and elevated decks. The project site does not contain any known archaeological or paleontological resources. Therefore, the proposed development will not adversely affect archaeological or paleontological resources.

8. The proposed development will be provided with adequate utilities, access roads, drainage and other necessary facilities.
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The Project consists of construction of a detached structure consisting of two ADUs and elevated decks. The proposed development will be provided with adequate utilities, access roads, drainage and other necessary facilities because the Project site is already served by adequate utilities, access roads, drainage, and other necessary facilities and the ADU will not overburden those facilities at an additional 655.4 square feet of living space for each ADU.

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 Project consists of construction of a detached structure consisting of two ADUs and elevated decks. 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. Because the Project site is already properly served by public services, including solid waste and roads, the ADUs will not overburden those services at an additional 655.4 square feet of living space for each ADU.

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 site is not located between the sea and the first public road paralleling the sea. As detailed above in the facts supporting Finding Number 1, the proposed development is in conformity with the certified local coastal program.

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.

As described further herein, the Project does not have any significant adverse environmental impacts.

The Project qualifies for a categorical exemption pursuant to the California Environmental Quality Act Guidelines.

ENVIRONMENTAL IMPACT:

In accordance with the California Environmental Quality Act (CEQA) guidelines, the project is categorically exempt 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. There is no evidence of any unusual or special conditions that would result in a significant effect on the environment in that the proposed detached structure consisting of two accessory dwelling units and elevated decks are located on an already improved site and is consistent with surrounding development.

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 in these are minor modifications to the previously approved project. There are no unusual circumstances resulting in a significant impact on the environment in that the project site is already developed and the project is not located in an environmentally sensitive area. There will be no damage to scenic resources, including trees, 136
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historic buildings, rock outcroppings or similar resources, within a highway officially designated as a state scenic highway in that those resources do not occur on or near the project site. 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 in that there are no historical resources located on the project site.

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, should the Project receive final approval.

RECOMMENDATION:

Conduct a public hearing and by motion adopt Community Development Director Determination 25-1516 (Attachment 1) approving Design Review 25-1490 for elevated decks, Coastal Development Permit 25- 1516 for the construction of a detached structure consisting of two accessory dwelling units and elevated decks and finding said action exempt from CEQA under Section 15303.

NOTIFICATION:

Pursuant to Title 25 (Zoning) Public Notice, a public hearing notice was mailed on July 29, 2025 at least ten (14) calendar days prior to the hearing date in accordance with Title 25. In addition, a public hearing notice has been posted on the project site on August 1, 2025, at least 10 days in advance of the hearing date.

ATTACHMENTS:

Attachment 1 – CDD Determination No. 25-1516
Attachment 2 – Plans
Attachment 3 – Certified Staking Plan
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