STAFF REPORT
Meeting Date:
February 10, 2024
CONSENT
7 SUBJECT: AMENDMENT TO AN EASEMENT AGREEMENT RELATED TO RIGHT OF WAY ADJACENT TO 31131 MONTEREY STREET; AND FINDING ACTION
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
UNDER STATE CEQA GUIDELINES SECTION 15061(b)(3)
RECOMMENDATION: It is recommended that the City Council:
1. Authorize the City Manager to execute an Amendment to an Easement Agreement related to right of way adjacent to 31131 Monterey Street; and
2. Find the recommended action is not a project within the meaning of the California Environmental Quality Act under CEQA Guidelines Section 15061(b)(3) based on the reasons in the staff report.
SUMMARY OF THE MATTER
Pursuant to a quitclaim deed recorded on March 9, 2023, the City of Laguna Beach acquired rights to an easement for right of way near 31131 Monterey Street from the County of Orange. The easement includes a restriction prohibiting parking within the easement area. The property owners, Ahmed & Fereshteh Dehbozorgi, have requested removal of this parking restriction, citing that it is unnecessary and interferes with use of property at 31131 Monterey Street.
DISCUSSION
The easement in question was originally established under the County of Orange’s jurisdiction in 2017 to provide access to a public trail leading to Aliso Creek Beach and was created in coordination with development of the property located at 31131 Monterey Street (Attachment 1 - Easement). The City of Laguna Beach subsequently acquired the easement, which includes a restriction prohibiting parking within the easement area along Monterey Street, through a quitclaim deed (Attachment 2 - Quitclaim Deed).
In 2025, the property owners of 31131 Monterey Street, unaware of the City’s acquisition of the easement, contacted the County of Orange seeking relief from the parking restriction within the easement area. While the County of Orange staff expressed support for an amendment to the easement agreement to remove the parking restriction, the property owners then learned that the City held rights to the easement. The property owners are requesting relief from the parking restriction within the easement adjacent to their property.
At the request of the property owners, City staff has reviewed the parking restriction with the Fire, Police, and Public Works Departments to determine whether the restriction was necessary for public safety or access purposes. Based on the department reviews, staff has determined that safe and adequate access can be maintained without the parking restriction, and that the parking restriction within the easement is not necessary.
Removal of the parking restriction language from the easement would allow the property owner to use a portion of the easement as a driveway. It is important to note that driveway parking is not required for the property, but is consistent with typical residential use in the surrounding neighborhood, including temporary
AMENDMENT TO AN EASEMENT AGREEMENT RELATED TO RIGHT OF WAY ADJACENT TO 31131 MONTEREY STREET; AND FINDING ACTION EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT UNDER STATE CEQA GUIDELINES SECTION 15061(b)(3)
February 10, 2026
parking for loading and unloading passengers, goods, and similar activities. Removing a portion of the restriction would restore the ability for these customary functions to occur.
Separately, the property owner presented a project to the Design Review Board (DRB) on December 11, 2025, which includes improvements such as a rear yard deck, fencing, spa, expansion of an at-grade terrace, and an updated trash enclosure. The DRB unanimously approved the project, and the local appeal period has expired. Removal of the parking restriction was discussed in the DRB staff report and reflected on the approved site plan, with the intent that the driveway area be demarcated on the pavement to ensure adequate coastal trail access remains in place.
This easement request was originally considered by the City Council at the January 13, 2026 meeting.
During public comment, questions were raised regarding whether removal of the parking restriction could impede access to the trail that begins at the end of the right-of-way. More specifically, a concern was raised that the trail is viewed by neighbors as an emergency egress in the event of an emergency, such as a wildfire, with only one other egress serving the neighborhood. Based on this concern, and following general Council discussion emphasizing the importance of public safety and maintaining adequate right-of-way access, staff was directed to work with the applicant and return to Council with additional information and options.
Based upon staff’s review, the trail is not designed or intended for vehicular use. It features steep grades exceeding a 20 percent slope, includes several areas that routinely wash out (as depicted in the photos below), and narrows to approximately 13 feet in certain locations adjacent to steep bluff edges. While it is conceivably possible that vehicles could traverse the trail in an extreme emergency, this is not its intended purpose, and doing so would present a high risk of personal injury and/or vehicle incapacitation, potentially blocking the passage entirely and eliminating its usefulness for egress. Additionally, a large drainage culvert at the trail’s mouth adjacent to the easement prevents any widening of the trail at that location. With these constraints in mind, staff met with the property owner and his representatives on January 20th, at which time it was agreed that the easement would be modified to ensure a 20-foot clear path of travel to the trail, with 15 feet designated for the parking easement, five feet of which would be located on the owner’s property. These changes are reflected in the updated easement documents.
AMENDMENT TO AN EASEMENT AGREEMENT RELATED TO RIGHT OF WAY ADJACENT TO 31131 MONTEREY STREET; AND FINDING ACTION EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT UNDER STATE CEQA GUIDELINES SECTION 15061(b)(3)
February 10, 2026
It should also be noted that the applicant is not the original developer of the project. During the initial hearing, comments were raised suggesting the home could have been designed to provide additional driveway access. Upon further research, staff determined that the residence was intentionally shifted inland and the garage roofline reduced in order to preserve and maximize views for inland neighbors. As a result of these design decisions, custom garage doors with a height of 6 feet 8 inches were installed, which limits the owner’s ability to park certain vehicle types within the garage.
AMENDMENT TO AN EASEMENT AGREEMENT RELATED TO RIGHT OF WAY ADJACENT TO 31131 MONTEREY STREET; AND FINDING ACTION EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT UNDER STATE CEQA GUIDELINES SECTION 15061(b)(3)
February 10, 2026
FINANCIAL ANALYSIS
Funding for the staff time required to prepare and review the easement agreement and associated staff report is accounted for within the City’s existing adopted budget; therefore, no additional appropriations are necessary.
ENVIRONMENTAL ANALYSIS
Under CEQA Guidelines Section 15061(b)(3), CEQA applies only to projects that have the potential to cause a significant effect on the environment. Where it can be seen with certainty that there is no possibility the activity may have a significant effect on the environment, the activity is not subject to CEQA. Here, the recommended action is not a project within the meaning of CEQA because it is limited to the removal of a portion of the parking restriction within an existing easement on an already-developed residential property in an area that directly in front of an existing residential property. The action does not authorize physical construction, expansion of use, or intensification of activity, and does not alter access to the public trail or surrounding roadway network. Safe and adequate access will continue to be maintained without a portion of the restriction.
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. There are no unusual circumstances resulting in a significant impact on the environment. There will be no damage to scenic resources, including trees, historic buildings, rock outcroppings or similar resources, within a highway officially designated as a state scenic highway. The project is not located on a hazardous waste site or any other site included on a list compiled pursuant to Government Code section 65962.5 according to Cortese List. The project will not result in significant adverse impacts to historical resources as defined by CEQA. Consequently, additional environmental analysis is not necessary to meet the requirements of the CEQA.
ATTACHMENTS
1. Easement (Pgs. 5-29)
2. Quitclaim Deed (Pgs. 30-45)
3. First Amendment to Easement (Pgs. 46-53)
Submitted By: Matthew Schneider Approved: .David A Kiff Matthew Schneider, Director of
Community Development
Dave Kiff, City Manager
Report Prepared By: Coordinated With:
Matthew Kilroy, Associate Planner Jane Abzug, Assistant City Attorney