DESIGN REVIEW BOARD STAFF REPORT
April 10, 2025
Agenda Item No. 5.3
Case No: Design Review 25-0431
Coastal Development Permit 25-0432
Variance 25-0432
Project Location: 2058 Crestview Drive | APN: 644-291-70 Applicant/ Mike Czajkowski
Property Owner: (949) 244-4423 | [email protected]
Prepared By: Community Development Department
Shehriyar Khan | Associate Planner
(949) 715-0672 | [email protected]
Board Members within a
500’ Radius: None
RECOMMENDATION: By motion, adopt Resolution 25-0431 (Attachment 1) approving Design Review 25-0431, Coastal Development Permit 25-0433 and Variance 25-0432 for a new single-family residence including an assessor dwelling unit and with an attached two-car garage on a vacant site in the Diamond/Crestview Specific Plan (D/CSP) area, and finding said action exempt from CEQA. Design review is requested for the new structure, elevated decks, retaining walls, height requirement modification, street improvements, grading and landscaping plan. A Coastal Development Permit is required for a new singlefamily home [Laguna Beach Municipal Code (LBMC) Section 25.07.004] and the attached ADU [LBMC Section 25.17.030(B)(1)] in the Coastal Zone. A Variance is requested to encroach into a modified watercourse [LBMC Section 25.50.030(D)(4)], and to not provide a required on-street public parking space [DCSP Section IV(J)(1)] and finding said action exempt from CEQA under CEQA Guidelines Section 15303.
EXECUTIVE SUMMARY:
The Applicant, Mike Czajkowski, is requesting Design Review 25-0431, Coastal Development Permit 25- 0433 and Variance 25-0432 for a new single-family residence with an attached two-car garage on a vacant site within the D/CSP area. The proposed project includes a 1,523 square-foot (building footprint), fourlevel structure consisting of a 476 square-foot two-car garage, 221 square-foot accessory dwelling unit (“ADU”), 1,716 square-foot primary residence (floor area), 852 square-feet of elevated deck area, grading, landscaping plan, and street improvements (the “Project”). The ADU is not subject to Design Review. A Attachment 6
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Coastal Development Permit is required for the overall development program including the ADU per Laguna Beach Municipal Code (LBMC) Section 25.07.004 and per LBMC Section 25.17.030(B)(1). A Variances is requested to encroach into a significantly modified watercourse [LBMC Section
25.50.030(D)(4)], and to not provide the required on-street public parking space [DCSP Section IV(J)(1)] due to its infeasibility.
Staff recommends conditional approval of 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.
The entitlements are supported by the Hydrology Technical Report—June 20,2022, attached hereto as Attachment 6.
BACKGROUND
General Location: 2058 Crestview Drive
Assessor’s Parcel Number: 644-291-70
Environmental Determination: In accordance with the California Environmental Quality Act (CEQA) guidelines, the project is categorically exempt pursuant to CEQA Guidelines 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. Examples of Class 3 exemptions include single family residence, second dwelling units, duplexes, and multi-family residential structures totaling no more than four dwelling units. The proposed project involves one single-family resident and attached two-car garage and is located in a residential zone. Therefore, this project fits within a Class 3 exemption Related Cases: Concept Review 23-2048
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PROPERTY AERIAL PHOTO
PROPERTY INFORMATION
Land Use Designation Village Low Density (1-7 DU/AC)
Zoning Designation R-1 Residential Low Density
Specific Plan Area Diamond/Crestview Specific Plan (D/CSP) Proposed Use Single Family + ADU complies with density and use
ZONING REVIEW
The proposed Project complies with applicable zoning standards and guidelines as shown in the summary table below.
Development Standard Required Proposed Conforms
Site Coverage 35% Max 26.3% Yes
Landscape Open Space 3,225 SF Max 1,523 SF Yes
Height (Lowest floor to top of roof)
Height Above Rear Lot Line
29’-0”
12’
31’-2 ½”
8’
Yes (w/ DRB)
Yes
Setbacks
Front
Side (North)
Side (South)
Rear
5’-0” (Garage)
8’-0” (House)
5’-0”
5’-0”
44’-7 1/4”
16’-0” (Garage)
35-0” (House)
5’-3”
6’-3”
54’-0”
Yes
Yes
Yes
Yes
Yes
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Surrounding General Plan Land Uses Designations, Zoning Districts, and Use of Properties Direction General Plan Land Use Zoning Use
North Village Low Density (VLD) Diamond Crestview
Specific Plan (DC/SP
Single-Family
Residential
South Village Low Density (VLD) Diamond Crestview
Specific Plan (DC/SP
Single-Family
Residential
East Village Low Density (VLD) Diamond Crestview
Specific Plan (DC/SP
Single-Family
Residential
West Village Low Density (VLD) Diamond Crestview
Specific Plan (DC/SP
Single-Family
Residential
DISCUSSION/ANALYSIS:
Site History
The subject site is a 6,045 square-foot vacant lot in the Diamond/Crestview Specific Plan (D/CSP) area that maintains a steep upward slope above the street of approximately 41 percent. The property also has a modest cross slope, and the street frontage also slopes. The unusual slope of the property makes development of the site more challenging.
Previous submittals for site development were made as early as 2004, with prior Concept Review hearings conducted in 2005, 2006, and 2013. Those prior designs requested multiple variances, and the most recent review ended in denial. The proposed project does not resemble the prior proposal despite the two-pronged variance request. The applicant initially submitted the current project for zoning review on June 24, 2022.
Prior Hearings
Pursuant to D/CSP Property Development Standards (N) (pg. IV-10), Design Review is a two-step process that requires a Concept Review prior to submittal for approval of the final design. A Concept Review hearing took place on May 9, 2024, during which the board evaluated the proposed design, considered all public testimony on the proposed Project and all relevant public comments. Public comments received and public testimony during the hearing were related to view equity, neighborhood compatibility, and privacy issues.
The Board directed the applicant to:
- Explore colors and materials to make the project more “rustic” to promote neighborhood compatibility;
- Increase landscaping as a solution to address privacy concerns; and - Increase grading excavation to better integrate the project into the hillside and to reduce the overall mass of the development.
The Board also conveyed that the variance request to encroach into the significantly modified watercourse setback was reasonable as there was no environmental value to protect. 201
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Proposed Project
The applicant requests approval to construct a 1,523 square-foot, four-level structure consisting of a 476 square-foot two-car garage, 221 square-foot accessory dwelling unit (“ADU”), and 1,716 square-foot residence. Other improvements include 852 square feet of elevated deck area, grading (571 cubic yards outside the building footprint), retaining walls, street improvements, and landscaping. As described above, the proposed structure is in compliance with all setbacks, floor area ratio (allowable building area), and lot coverage requirements of the D/CSP. The applicant requests approval to exceed the maximum building height, as discussed below.
A mapped watercourse runs along the north of the property line and diagonally towards the rear of the property line (see Property Aerial Photo). Significant modified watercourses include those that have been channeled, piped, culverted or otherwise improved or diverted. The existing watercourse has been significantly modified due to the installation of a City storm drain constructed on the adjacent contiguous property. Based on previous hydrology reports for the subject property, and a Hydrology Technical memo prepared in 2022 (Attachment 6), no impacts to the significant modified watercourse are anticipated.
Although the watercourse has been modified a variance is still required to encroach within 25 feet of the centerline of the former watercourse pursuant to the municipal code.
The angled garage is accessed from an uphill sloping driveway. The finished garage floor (elevation 88.25’) is 7 feet above the centerline of the street (elevation 81.28’). Stairs abutting the garage to the north are proposed to access a 221 square-foot ADU and a 495 square-foot uncovered deck on the first floor, 16.43 feet above the garage finished surface. Exterior stairs attached to the ADU access a second uncovered deck and the primary dwelling on the second level (third story). The primary dwelling itself consists of two levels with the main entry, kitchen, dining room and den on the second level (elevation 115.68’) and three bedrooms on the next level, or the fourth story (elevation 126.68’).
Site Constraints for the property include steep topography (41%), drainage, and Very High Fire Hazard Severity Zone (VHFHSZ).
Modification of Height Requirement
The permitted height allowed within the D/CSP for lots with slopes over 35% is 29 feet (D/CSP. pg. IV-3).
The proposed building height is 31.2 feet measured from the top of the lower-level slab and will exceed the permitted height by 2.2 feet. According to the D/CSP, the height requirement may be modified by the Design Review Board when it is determined that “unique topography and/or site conditions make such modification unavoidable and when proposed development preserves and maintains viewsheds, air, light and privacy and neighborhood character, minimizes building mass and bulk, and is consistent with the city’s design guidelines for hillside development” (D/CSP.pg. IV-3). Current site conditions indicate the presence of a man-made ‘V-Gutter’ ditch. According to the applicant, the ditch is remnant of a drain system that was installed more than 40 years as a temporary measure. The applicant maintains that in order to develop near the edge of the ditch it is necessary for the permitted height to be exceeded. The request for the increased height is limited to an area where the development approaches the existing v-ditch. Figure 1, below demonstrates the area that exceeds the 29-foot height limit, and Figure 2 demonstrates the minimal volume of the excess.
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Figure 1: North Elevation (Partial) Figure 2 – Volume of Excess Height In response to the Board’s comments and direction, the applicant has proposed additional landscaping along the south of proposed structure to address privacy concerns held by the neighbor located at 2100 Crestview Drive, consisting of two (2) Arbutus Unedo ‘Strawberry Trees’ as shown on the updated landscape plan (Sheet A-1.5) in Attachment 2. Additionally, the design is further pushed into the hillside as requested. The following table describes the changes in grading since the May 9, 2024, Concept Review Hearing:
CR 23-2048 Changes DR 25-0431
Inside
Building
Footprint
Outside
Building
Footprint
Total
Inside
Building
Footprint
Outside
Building
Footprint
Total
Inside
Building
Footprint
Outside
Building
Footprint
Total
Cut
(CY) 516 551 1067 +55 +272 +327 571 823 1394
Fill
(CY) 12 69 81 No Change
No
Change
No
Change 12 69 81
Net
Export
(CY)
504 482 986 +55 +272 +327 559 754 1313
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The applicant has provided a grading volume exhibit in Attachment 7. The exhibit shows the total volume of the proposed design being 1750.35 cubic yards (CY) of which 54% (957.19 CY) is above grade and 46% (793.16 CY) is below grade, thus demonstrating that a significant portion of the project is below grade thereby reducing the overall mass of the design above the current slope.
ENTITLEMENTS: Included within this staff report is an analysis of the following entitlements: design review, coastal development permit, and variance(s).
Design Review
The proposed new single-family dwelling, elevated decks, grading, height requirement modification, retaining walls, public street improvements, grading and landscaping plan requires the approval of Design Review (See LBMC Section25.05.040(B). ADUs are not subject to Design Review. Design review is governed by Laguna Beach Municipal Code 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.
Yes. The project includes an attached two-car garage which is accessed from an uphill sloping driveway, providing sufficient vehicular back-up distance. There is no area within 200 feet of the property that can accommodate a public parking space. Accordingly, the applicant is concurrently seeking a variance from the DCSP requirement to provide one on-street public parking space. In addition, the project design accommodates one (1) conforming private parking space and one substandard private parking space onsite in the driveway leading to the code compliant 2-car garage.
These driveway parking spaces would not impede vehicle travel in the abutting public right-of-way.
There are no public sidewalks. Adequate vehicle sight distance exists to access the on-site parking spaces based on the proposed site plan reviewed by Public Works staff.
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.
Yes. The proposed project is designed to step up from Crestview Drive and maintains the appearance of four levels consisting of a lower-level garage and living area across three upper-levels (including the ADU). The front (West) elevation is articulated with terracing and varied projections/offsets.
The proposed garage angled and is setback 14’-0” from the front property line at the shorter side, and 24’-4” at the other, longer side. The elevated deck on the second level is set back approximately 12’-6” from the front property line, and the living area (ADU) at this level is setback approximately 204
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42 feet. The third level deck is situated on top of the second level living area, and the primary residence at this level is setback approximately 63 feet from the front property line. The fourth, uppermost level is situated at a similar setback as the third level but is offset appropriately by the employment of varied angles and projections. With a terraced design, and a relatively smaller building footprint of 1,523 square-feet, the design minimizes the appearance of mass and is appropriately articulated.
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.
Yes. One of the policies of the D/CSP seeks to ensure that “the proposed new residences and modifications to existing residences are compatible with the rustic character of the neighborhood by requiring varied and eclectic architectural styles and moderate scale and mass with low-profile design that respect the topography of the land…” (Policy No.1. pg. III-2.). The proposed project is terraced and built into the hillside and provides contemporary design with rustic colors and materials.
The lower-level garage “face” features a limestone veneer, with parged concrete at each side. Board and batten siding is used for the exterior of the residence across the three upper levels and employs Cape Cod Blue, an earth blueish-green color. The proposed architectural style is eclectic and achieves harmony with the rustic character of the neighborhood.
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.
Yes. The site is devoid of significant natural features such as heritage trees, rock outcroppings, ridgelines or natural watercourses. The proposed project includes a net grading export of 1313 cubic yards which is consistent with new home development on steep hillside building sites. The amount of grading facilitates a reasonable balance of above and below grade structure thereby reducing the appearance of mass. Impervious surfaces are less than 50% which the City has found to be an acceptable amount for steep hillside lots of this size. Further, based on hydrology reports for the subject property, and a Hydrology Technical memo prepared in 2022, no impacts to the significant modified watercourse are anticipated.
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.
Yes. With the concurrently sought variances to encroach into the watercourse, and to not provide the required one on-street public parking space, the proposed project complies. More specifically, the project complies with goals and policies of the General Plan below, and as evidenced below:
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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.
The subject property is located within the D/CSP area, which features steep topography. The proposed project is compatible and integrated with the natural topographic features as it incorporates articulation techniques such as offsets and terracing into the design. The watercourse on site has been significantly modified through a City installed storm drain and an easement has been established to protect the infrastructure. The proposed project does not have an impact on public views based on the location of the structure built into the hillside. Public views from the abutting roadway are away from the subject property to the south and public views from the street above (Gainsborough) are not affected due to the project being at a much lower elevation.
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 project siting considers previous privacy and view equity concerns and has minimized potential impacts by providing a terraced design and siting the building further from the rear setback.
The project has no impact on public views because the public right-of-way (Gainsborough Drive) uphill from the subject property, is at a significantly higher elevation. Public comment with view equity concerns was received by a neighbor located at 785 Gainsborough Drive above the project site prior to the Concept Review hearing on May 9, 2024. Based on a site visit, it appears the neighbor’s existing landscaping effectively screens the proposed project and already impedes the ocean view.
LU 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 onsite 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 site is devoid of significant natural features such as heritage trees, rock outcroppings, ridgelines or natural watercourses. The current project siting is a result of multiple project iterations, and the building design and siting is compatible and integrated with the natural topographic features. The excavation into the hillside makes the 4-level terraced design more low profile and reduces above grade mass. The proposed project includes a net grading export of 1313 cubic yards which is 206
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consistent with new home development on steep hillside building sites. Impervious surfaces are less than 50% which the Board has found to be an acceptable amount for steep hillside lots of this size.
The watercourse on site has been significantly modified through a City installed storm drain and an easement has been established to protect the infrastructure. In addition, Based on hydrology reports for the subject property, and a Hydrology Technical memo prepared in 2022, no impacts to the significant modified watercourse are anticipated. Public views from the abutting roadway are away from the subject property to the south and public views from the street above (Gainsborough) are not affected due to the project being at a much lower elevation.
LU Policy 7.3 and 10.2 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.
The proposed project meets this policy and the facts are discussed in the Environmental Context (No.4) and View Equity (No.16) Design Review criteria and LU Policy 10.2 (Coastal Development Permit Section) and they are incorporated herein by reference.
LU 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 is within a mostly developed neighborhood of single-family residences and has no growth inducing potential.
6. Historic Preservation: Destruction or alteration to historic resources should be avoided whenever possible. See Chapter 25.45 for more information.
N/A. The subject property is a vacant building site.
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 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.
Yes. The proposed project is located within the Diamond/Crestview neighborhood 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 proposed landscape plan includes a mix of new trees (such as Arbutus Unedo and Rhus Integrifolio) and small shrubs while avoiding target species for fire safety considerations. The required landscape open space is 21.55% (1,392 SF) and the project provides 3,299 SF, which includes as area of natural vegetation. The proposed landscape plan was approved by the City’s Landscape consultant on November 29, 2022. 207
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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.
Yes. The proposed lighting plan is shown on sheet A1.6 (Attachment 2) and includes a total of twenty-five (25) light fixtures, such as lantern wall lights, path lights, step lights, tree spotlights and directional lights. Overall, the plan provides low level lighting where needed for safety and efficient operation in outdoor activities, terraces, stairs, and walkways.
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.
Yes. The pattern of development in the neighborhood consists of a mixture of three-level and fourlevel residences that are stepped into the hillsides with varying architectural styles and rustic exteriors, including mid-century and Mediterranean styles. Similar to other residences in the neighborhood, the proposed building is integrated into the hillside. The applicant proposes a contemporary design with rustic colors and materials that is consistent with the surrounding pattern of development.
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.
N/A. Design Review Criteria for Pedestrian Orientation is related to commercial development and is not applicable to the proposed residential 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.
Yes. Prior to the Concept Review hearing on May 9, 2024, staff received a public comment from a neighbor regarding the potential privacy issues the current project may cause. The neighbor located at 785 Gainsborough Dr, north of the subject property, claimed that the windows on the North elevation of the building are placed directly across from their bedrooms and ocean viewing windows and would therefore infringe on their privacy. Based on site visits, it appears that existing landscaping at that neighbor’s property effectively screens the project site and eliminates the respective privacy concern. In response to the Board direction to increase screening to address the privacy concerns of the neighbor located to the South of the subject property, at 2100 Crestview 208
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Drive, the applicant proposed additional landscaping consisting of two (2) Arbutus Unedo ‘Strawberry Trees’ as shown on the updated landscape plan (Sheet A-1.5) in Attachment 2.
12. Public Art: Public art is encouraged and shall be displayed where feasible or required by the Art in Public Places ordinance.
N/A. Design Review Criteria for Public Art is related to commercial development and is not applicable to the proposed residential 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.
N/A. Design Review Criteria for Signage is related to commercial development and is not applicable to the proposed residential 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.
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. Further, the applicant will be required to reuse, recycle, or divert at least 50 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.
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.
N/A. No pool/spa is proposed.
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.
Yes. Due to the hillside setting and orientation of uphill and downhill homes, significant impacts to private views are not anticipated. The project proposes a rear setback of 54 feet and the roof of the highest level would be approximately 12 feet to 22 feet below the homes above. Three strawberry trees are proposed to be approximately 14 feet from the rear property line, which with a maintained 209
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height of 15’ should not impede public or private views over the project site. Prior to the Concept Review Hearing on May 9, 2024, staff received view equity concerns from the neighbor located at 785 Gainsborough Drive, north of the subject property. Based on a site visit, it appears the neighbor’s existing landscaping effectively screens the proposed project and already impedes the ocean view.
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.
In addition, the project is also consistent with Design Guidelines for Hillside Development:
The guidelines are intended to describe the City’s design philosophy for hillside development. The guidelines set forth design principles and parameters and provide the framework for the City’s Design Review process. The guidelines are intended to provide the flexibility in the design review process because the evaluation of building design includes the application of judgement, discretion and independent analysis. Furthermore, the guidelines are intended to provide assistance and direction in the design of hillside projects in a manner that is compatible with the mutual interests of the property owner and the City (Design Guidelines for Hillside Development. Pg. A-2).
The hillside guideline suggests terraced walls with landscape incorporated to break up the appearance of mass. The project is designed to be terraced into the hillside and is graded appropriately. The applicant proposes elevated decks that are set back and integrated with the topography, and planter areas to soften the structure’s appearance from street view. Open space between the properties has been provided by providing substantial planter area along the south property line. Furthermore, the setback on the north side was increased due to the sewer easement which allows for additional planting.
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.
Yes. The project is consistent with the Diamond Crestview Specific Plan findings, as detailed below, and based on the concurrently sought variance from the one on-street public parking space.
DIAMOND CRESTVIEW SPECIFIC PLAN FINDINGS.
No. 1 | The proposed use is compatible with surrounding land uses and is consistent with the intent and purpose established in the specific plan;
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Yes. The intent of the D/CSP is to preserve and enhance this unique area by creating special land use development standards that protect and promote the rustic character of the neighborhood, and that allow for safe and orderly development. The site is designated for single family use including ADUs. The proposed use is that of a single-family dwelling with an attached two-car garage and is consistent with surrounding single family uses on adjacent properties in the D/CSP area.
No. 2 | The site is adequate in size and shape to accommodate the proposed development; Yes. The subject property is 6,450 square-feet and is “fan-like shape”. The proposed program conforms to the maximum allowable building area of the site and the proposed design appears to be neighborhood compatible in terms of mass and scale relative to the natural topography. The overall living and elevated deck areas are consistent with the pattern of development. The design also conforms to development standards (e.g. setbacks, parking, building coverage, etc.) the Board is comfortable with the small height exceedance and watercourse setback variance and the design accommodates additional on-site private parking.
No. 3 | All necessary public improvements have been provided or will be required as conditions of approval;
Yes. All necessary and required public access improvements have been incorporated in the design and will require separate street improvement plans submitted and approved by Public Works prior to building permit issuance, which is reflected in a condition of approval on this project. The street frontage will be widened along the frontage of the property, providing a greater than the minimum for a 10’ travel lane and 2’ reserve shoulder. The initially proposed on-street parking space along Gainsborough Drive is no longer available and a parking variance has been requested. DCSP Section IV(J)(1) states that upon the development of a building site, “one (1) on-street public parking space shall be provided”. The development standard further adds that “if the provision of on-street parking is found to be infeasible, an equivalent parking space shall be provided on-site. Only upon exhaustion of all possible alternatives to provide a parking space either on-street or on-site and with the approval of a variance, an in-lieu fees as established by the City Council, shall be paid to fund the future construction of parking in the neighborhood”.
To satisfy the requirement, two on-street public parking spaces were proposed. The first parking space, near the intersection of Crestview Drive and Diamond Street, was found infeasible due to inadequate pavement width by the Public Works Department. Adding a designated space in that location would force oncoming cars into one another, increasing the risk of accidents. After coordination with the Public Works Department and the Planning Division, a second potential parking location was identified further to the west of the site close to ‘hairpin’ turn on Crestview Drive. The revised location (and other potential locations along the ‘hairpin’ turn) were ultimately found infeasible due to insufficient pavement width even with creating retaining walls within the public right-of-way. Additionally, any reduction in lane width with the provision of a new public on-street parking space would impede emergency fire access based on input from the City Fire Marshall. A potential public parking space across from the subject property proximate to 2025 Crestview was also examined and deemed infeasible due to the need to construct 6-8-foot-high 211
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retaining walls and the loss of existing vegetation creating privacy issues for that property owner.
Additionally, that potential space is close to the hairpin curve in Crestview Drive and existing vegetation can create sight distance constraints and additional safety risks. No other potential locations to accommodate the on-street parking have been identified within 200 feet of the subject property, already significantly far from the property’s line-of-sight.
The project design provides code-required covered parking in a two-car garage, and it can accommodate two parking spaces on the driveway (a conforming parking space and an additional sub-standard parking space) but these spaces could not accommodate the public as it would prevent access to the garage. The driveway spaces will reduce street parking demands for residents and their guests. All possible alternatives within a reasonable distance of the project site have been exhausted.
Therefore, a variance is being sought with the payment of an in-lieu fee as established by the City Council.
No. 4 | The project will not cause any significant environmental impact and appropriate mitigation measures, if any, have been incorporated into the project or are attached as conditions of approval; Yes. The site is devoid of significant natural features such as heritage trees, rock outcroppings, ridgelines or natural watercourses. Based on previous hydrology reports for the subject property, and a Hydrology Technical memo prepared in 2022, no impacts to the significant modified watercourse are anticipated. The property is not located within any sensitive biological overlay, and a geotechnical study shall be required during the building plan check review phase.
No. 5 | The project complies with the development standards and design guidelines of the specific plan; and
The project does not comply with the permitted height of 29 feet for lots with slopes of over 35%.
The height requirement may be modified by the Board when it is deemed that unique topography and/or site conditions make such modification unavoidable and when the proposed development preserves and maintains viewsheds, air, light and privacy, and neighborhood character, minimizes building mass and bulk, and is consistent with the City’s design guidelines for hillside development.
With the concurrently sought height requirement modification, and a variance for not providing the required on-street public parking space [DCSP Section IV(J)(1)], as discussed in more detail under the variance entitlements herein, the project complies with the development standards and design guidelines of the specific plan. The project complies with the Lot Coverage, Setback, Allowable Building Area and Landscape Open Space requirements and meets the Hillside Design Guidelines as it is designed to be terraced and integrated into the hillside, with an appropriate amount of grading to reduce the appearance of mass.
No. 6 | The project mitigates or avoids environmental constraints of the lot as identified in the sitespecific studies and/or overlay maps of high and very high value habitats and unique geological features (Figures 5 &7).
The site is devoid of significant natural features such as heritage trees, rock outcroppings, ridgelines or natural watercourses. The subject property is not included within any sensitive biological area 212
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that would warrant additional review or studies. The site is within the “Undifferentiated Uncertified and Certified Fill” geologic overlay. The vacant lot features a west-facing slope. In general, the Seismic and Public Safety Element of the General Plan designates the specific plan area as having high probability for slope instability due to particular types of geologic formation. Historically, the unstable slopes in the Plan area are the steep, south facing slopes underlain by weak bedrock. A geotechnical study, which is a standard requirement for hillside developmentshall be required during the building plan check review phase to ensure that the proposed construction design and slope remain stable. The site constraints include steep topography, which the proposed design embraces, and a significant modified watercourse which is already protected and preserved through the establishment of an easement.
VARIANCE
The proposed new single-family residence requires the approval of the following variances because the proposed project encroaches into a into a significant watercourse setback [LBMC Section 25.50.030(D)(4)] and does not provide a required on street public parking space [D/CSP Section IV(J)(1)]. Variances are governed by Laguna Beach Municipal Code Section 25.05.025. A Variance 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: 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 lot is triangular and has a 40-foot-wide street frontage and also has steep topography (41% slope). These factors significantly limit the buildable area of the lot. The on-site mapped watercourse runs along the north property line and diagonally towards the rear property line and it requires a 25- foot setback buffer. The “watercourse” is not natural and is highly modified due to being piped underground and a small concrete V-ditch. The existing watercourse has also been significantly modified due to the installation of a City storm drain constructed on the adjacent contiguous property and easements have been established to protect the infrastructure. The watercourse setback is a regulatory constraint that further restricts the development of the property.
The project site is in the Diamond/Crestview Specific Plan area (D/CSP) that is characterized by steeply sloping developed and non-developed lots accessed by narrow sloping streets. The existing development pattern (e.g. existing driveways, narrow streets, and on-street parking) coupled with existing slopes and vegetation are physical constraints to providing access to lots and to providing additional safe on-street parking spaces. Specifically, the project site is located on a steeply sloping street with limited pavement width proximate to a hairpin curve with. The width of the street in the walkable vicinity is consistently less than 25 feet and some cases less than 18 feet.
D/CSP Section IV(J)(1) states that upon the development of a building site, “one (1) on-street public parking space shall be provided”. The development standard further adds that “if the provision of on-street parking is found to be infeasible, an equivalent parking space shall be provided on-site. 213
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Only upon exhaustion of all possible alternatives to provide a parking space either on-street or onsite and with the approval of a variance, an in-lieu fees as established by the City Council, shall be paid to fund the future construction of parking in the neighborhood.” To satisfy the requirement, two on-street public parking spaces were proposed. The first parking space, near the intersection of Crestview Drive and Diamond Street, was found infeasible due to inadequate pavement width by the Public Works Department. Adding a designated space in that location would force oncoming cars into one another, increasing the risk of accidents. After coordination with the Public Works Department and the Planning Division, a second potential parking location was identified further to the west of the site close to ‘hairpin’ turn on Crestview Drive. The revised location (and other potential locations along the ‘hairpin’ turn) were ultimately found infeasible due to insufficient pavement width even with creating retaining walls. Additionally, any reduction in lane width with the provision of a new public on-street parking space would impede emergency fire access based on input from the City Fire Marshall. A potential public parking space across from the subject property proximate to 2025 Crestview was also examined and deemed infeasible due to the need to construct 6-8-foot-high retaining walls and the loss of existing vegetation creating privacy issues for that property owner. Additionally, that potential space is close to the hairpin curve in Crestview Drive and existing vegetation can create sight distance constraints and additional safety risks. No other potential locations to accommodate the on-street parking have been identified within 200 feet of the subject property, already significantly far from the property’s line-of-sight.
The project design provides code-required covered parking in a two-car garage, and it can accommodate two parking spaces on the driveway (a conforming parking space and an additional sub-standard parking space) but these spaces could not accommodate the public as it would prevent access to the garage. All possible alternatives within a reasonable distance of the project site have been exhausted. Therefore, a variance is being sought with the payment of an in-lieu fee as established by the City Council.
Finding No. 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.
Granting the variance to the watercourse setback standard and provision of on-street parking is necessary to permit the construction of a single-family home and appurtenant accessory improvements in a safe and compatibly way consistent with the existing development pattern of the area. This privilege is enjoyed by all developed lots in the D/CSP area (zone) and without variance approval, the property owner is deprived of the ability to develop the buildable lot compatible with the neighborhood.
The property (803 Gainsborough Drive) immediately above the subject site was granted a variance allowing construction of a new single-family dwelling within the 25-foot watercourse setback. That property was identically constrained by the watercourse setback to a significantly modified and nonexistent watercourse and City easements. 214
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Finding No. 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 granting of the two variances would not be detrimental to the public because the watercourse is significantly altered, and the proposed design incorporates all the necessary drainage improvements to accommodate stormwater as shown on the plans and addressed in the associated hydrology report for the proposed development. No setback to the “watercourse” is necessary as a result. Providing a public-on-street parking space in the immediate area would increase risks of accidents due to reduced lane width. It would potentially impede fire emergency access and create privacy issues for nearby homes. No feasible location exists in the vicinity of the project site and the applicant will pay an inlieu fee to the City in the amount established by the City Council to provide a space in the larger neighborhood. The project design provides its own required parking, and it accommodates two additional spaces in the driveway, reducing the need for off-site parking. Due to these facts, the grant of variances will not be detrimental to the public.
Finding No. 4: The granting of such a variance will not be contrary to the objectives of the zoning ordinance or the general plan.
The general purpose of the General Plan and Zoning Code is to provide for the orderly, safe, and compatible development of the City consistent with a community approved land use plan. The General Plan and Zoning Code allow for the development of a single-family home and appurtenant accessory improvements on the project location and the proposed project is consistent with the allowed use.
The purpose of the 25-foot watercourse setback is to protect existing or planned development and ensure compatible development and use near mapped watercourses. In this case, the watercourse is significantly modified due to underground piping, and it is a concrete V-ditch. The proposed design incorporates all the necessary drainage improvements to accommodate stormwater as shown on the plans and addressed in the associated Hydrology Technical Memo for the proposed development.
No setback to the “watercourse” is necessary as a result. The project improvements will preserve the drainage carrying capacity of the site, ensuring the safe transference of storm water protecting the subject and neighboring properties thereby protecting the functional significance of the watercourse.
The watercourse has no scenic or ecological value given that it is so highly modified. The watercourse is not connected to a natural watercourse and the concrete v-ditch connects existing channels and drainage pipes, therefore the encroachments within the watercourse setback will not impair the functional, scenic and ecological purposes of the watercourse.
The purpose of the requirement to provide a public on-street parking space with new home development is to increase the parking supply in the D/CSP area that has very limited on-street parking spaces for general use where it is feasible to do so. The specific requirement provides for relief if it is determined that no space can be accommodated. In this case, several proximate locations were examined by the applicant and City staff and all either created unacceptable risks to vehicular or fire access or they would create undue privacy issues due to the loss of vegetation and potential safety concerns due to limited sight distance for vehicles on a steeply sloping street at a hairpin 215
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curve. Additionally, the proposed design provides 4 on-site parking spaces, reducing the need for residents and guests of the project to park on the street. Granting relief from the on-site parking requirement will avoid safety and privacy issues and would therefore not be detrimental to the public.
25.50.030(D)(4) Watercourse Encroachment Variances
Variances for the purpose of placing a building or structure within an established watercourse setback area may be granted only when the following findings are made in addition to those listed above.
Finding No. 5: The proposed encroachment will act to preserve, enhance or restore the significance of the watercourse.
The “watercourse” is not natural and is highly modified due to being piped underground and a small concrete V-ditch. The existing watercourse has also been significantly modified due to the installation of a City storm drain constructed on the adjacent contiguous property and easements have been established to protect the infrastructure. The proposed project encroaches into the 25-foot watercourse setback buffer but does not encroach into the established easement and will therefore preserve the significant modified watercourse.
Finding No. 6: The proposed encroachment is not likely to impair the functional, scenic and ecological purposes of the watercourse.
The proposed encroachment is not likely to impair any functional, scenic and ecological purposes of the modified watercourse. There is no scenic or ecological purpose of the mapped watercourse. Manmade swales were created 20 years ago after the 1980 Del Mar landslide that occurred uphill from the subject site. Significant modified watercourses are typified by the continuous presence of a topographic swale or depression and the ability to conduct overflow runoff. The respective watercourse is highly modified due to being piped underground and a small concrete V-ditch. The existing watercourse has also been significantly modified due to the installation of a City storm drain constructed on the adjacent contiguous property and easements have been established to protect the infrastructure.
COASTAL DEVELOPMENT PERMIT
The proposed new single-family residence requires the approval of a coastal development permit. (See LBMC Section 25.07.004.) Coastal Development Permits are governed by Laguna Beach Municipal Code Chapter 25.07. A Coastal Development Permit 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: 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.
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Yes. The proposed development will occur on vacant private property (currently only improved with an underground sewer and terrace drains), which is accessible from an improved public street.
The public street will be widened slightly and no public sidewalks exist along this narrow street (Crestview Drive). The proposed project is not encroaching on a public coastal accessway, and no new coastal access is proposed.
2. The proposed development will not adversely affect marine resources, environmentally sensitive areas, or archaeological or paleontological resources.
Yes. There are no known marine resources, archeological, or paleontological resources in the project area. The property has been identified and mapped as an environmentally sensitive area (drainage).
The existing watercourse has been significantly modified due to the installation of a City storm drain constructed on the adjacent contiguous property and easements have been established to protect the infrastructure. The revised drainage system no longer uses the V-ditch storm drain and instead collects site runoff, which is piped to the street for conveyance into the City’s storm drain system.
Based on previous hydrology reports for the subject property, and a Hydrology Technical Memo prepared in 2022, no impacts to the significant modified watercourse are anticipated. The project primarily involves a new single-family dwelling, including grading, to a site within an established residential neighborhood and is not expected to result in impacts to any of these resources.
3. The proposed development will not adversely affect recreational or visitor-serving facilities or coastal scenic resources.
Yes. The site is devoid of significant natural features such as heritage trees, rock outcroppings, ridgelines or natural watercourses. The proposed project is located on a vacant lot designated for single family use by the Local Coastal Program (ADUs are allowed by State law) within an established residential neighborhood and is not adjacent to any recreational or visitor-serving facilities. The proposed project will not impact any coastal scenic resources, such as public ocean views, as it will be stepped into the hillside and the public-right-of-way uphill of the project, Gainsborough Drive, it at a significantly higher elevation.
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.
Yes. The site is devoid of significant natural features such as heritage trees, rock outcroppings, ridgelines or natural watercourses. The proposed project is located on a vacant lot designated for residential use by the Local Coastal Program within an established residential neighborhood. The property has been identified and mapped as an environmentally sensitive area (drainage). The existing watercourse has been significantly modified due to the installation of a City storm drain constructed on the adjacent contiguous property and easements have been established to protect the infrastructure. The revised drainage system no longer uses the V-ditch storm drain and instead collects site runoff, which is piped to the street for conveyance into the City’s storm drain system.
Based on previous hydrology reports for the subject property, and a Hydrology Technical Memo 217
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prepared in 2022, no impacts to the significant modified watercourse are anticipated. The site is not within any sensitive biological overlay and is not adjacent to any parks or recreation areas.
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.
Yes. The vacant hillside property will be altered for the construction of a new single-family dwelling.
The subject site is within the “Undifferentiated Uncertified and Certified Fill” geologic overlay and is not a natural landform and contains no rock outcroppings. The vacant lot features a west-facing slope. In general, the Seismic and Public Safety Element of the General Plan designates the specific plan area as having high probability for slope instability due to particular types of geologic formation. Historically, the unstable slopes in the Plan area are the steep, south facing slopes underlain by weak bedrock. A geotechnical study shall be required during the building plan check review phase to ensure that the proposed construction design and slope remain stable. The project meets the Hillside Design Guidelines as it is designed to be terraced and integrated into the hillside, with an appropriate amount of grading to reduce the appearance of mass.
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.
Yes. The new residence appears to be compatible with the neighborhood and surrounding hillside development. The project is designed to be stepped into the hillside and incorporates rustic colors and materials which in consistent with the character of the neighborhood.
7. The proposed development will not have any adverse impacts on any known archaeological or paleontological resource.
Yes. There are no known archeological or paleontological resources in the project area.
8. The proposed development will be provided with adequate utilities, access roads, drainage and other necessary facilities.
Yes. The project does not involve any significant changes to existing facilities. The onsite drainage has been designed to collect and convey site runoff to a swale or closed drain for off-site discharge and collection by the City storm drain system.
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.
Yes. The project does not involve any significant changes to existing public services. The existing public services are considered to be adequate to serve an additional single-family dwelling on a site designated for residential use by the Local Coastal Program.
The project is consistent with all applicable policies of the Certified LCP. 218
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LCP COASTAL VIEW POLICIES (CDP)
Land Use Element (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 on-site resources, and protect public views as specified in the Design Guidelines and the Landscape and Scenic Highways Resource Document.
The subject property is located within the D/CSP area, which features steep topography. The proposed project is compatible and integrated with the natural topographic features as it incorporates articulation techniques such as offsets and terracing into the design. The watercourse on site has been significantly modified through a City installed storm drain and an easement has been established to protect the infrastructure. Public views from the abutting roadway are away from the subject property to the south and public views from the street above (Gainsborough) are not affected due to the project being at a much lower elevation. The project meets the Hillside Design Guidelines as it is designed to be terraced and integrated into the hillside, with an appropriate amount of grading to reduce the appearance of mass.
LU Element Policy 2.9 Require the use of appropriate landscaping, special architectural treatments, and/or siting considerations to protect public views for projects visible from major highways and arterial streets.
The landscaping is appropriate for the neighborhood and complies with the City’s landscape requirements. During the Building plan check review phase, the Building Official may require a fuel modification plan or an Alternative Means & Method report. The project is not visible from Coast Highway or arterial streets. Public views from the abutting roadway are away from the subject property to the south and public views from the street above (Gainsborough) are not affected due to the project being at a much lower elevation.
LU Element 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.) Policy 2.10 includes: Action 2.10.1 Discourage the addition of second stories in established neighborhoods where view equity has historically been achieved through one-story construction.
The project is designed to be stepped into the hillside in a tiered fashion and conforms to the allowable buildable area. No obstructions to public views of coastal or canyon resources shall be caused by the proposed Project because Public views from the abutting roadway are away from the subject property to the south and public views from the street above (Gainsborough) are not affected due to the project being at a much lower elevation. Prior to the Concept Review Hearing on May 9, 2024, staff received view equity concerns from the neighbor located at 785 Gainsborough Drive, north of the subject property. The proposed project may have a minimal yet inevitable impact on the neighbor’s private views. After a site visit, however, a Board member confirmed that the neighbor’s existing landscaping, which would screen the proposed project, already impedes the ocean view. 219
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LU Element Policies 7.3 and 10.2 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 landform alterations.
The building design and siting is compatible and integrated with the natural topographic features as it incorporates articulation techniques such as offsets and terracing into the design with an appropriate amount of grading to reduce the appearance of mass. The watercourse on site has been significantly modified through a City installed storm drain and an easement has been established to protect the infrastructure. Public views from the abutting roadway are away from the subject property to the south and public views from the street above (Gainsborough) are not affected due to the project being at a much lower elevation.
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 onsite 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.).
Policy 3.10 requires protection of public views as specified in the Design Guidelines. The Design Guidelines require View Equity for impacts to public views, and require maintenance of view corridors.
View Equity is defined as: View equity means achievement of a fair, reasonable and balanced accommodation of views and competing obstructions such as structures, trees and/or vegetation, privacy and the use and enjoyment of property.
The Design Review Guidelines refers to Public Views:
15.6 Maintain view corridors when feasible.
∙Consider opportunities for public views.
∙Locate a building to retain view opportunities through side yards.
The project is designed to be stepped into the hillside in a tiered fashion. No obstructions to public views of coastal or canyon resources shall be caused by the proposed Project because the public right-of-way (Gainsborough Drive) uphill from the subject property, is at a significantly higher elevation and the subject property is surrounded by developed properties. The side yards meet the required setbacks and retain view opportunities. Three strawberry trees are proposed to be approximately 14 feet from the rear property line, and two strawberry trees have been proposed along the south property line, which with a maintained height of 15’ would not impede views. Prior to the Concept Review Hearing on May 9, 2024, staff received view equity concerns from the neighbor located at 785 Gainsborough Drive, north of the subject property. Based on a site visit, it appears the neighbor’s existing landscaping effectively screens the proposed project and already impedes the ocean view.
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Open Space Conservation Element (OSCE) 7A As best possible, preserve the quality of public views from the hillsides and along the City’s shoreline.
The project is designed to be stepped into the hillside in a tiered fashion. No obstructions to public views of coastal or canyon resources would be caused by the proposed Project because public views from the abutting roadway are away from the subject property to the south and public views from the street above (Gainsborough) are not affected due to the project being at a much lower elevation.
LCP DOCUMENTS
The project conforms with all the following applicable documents of the Certified LCP.
Design Guidelines for Hillside Development (as adopted by Resolution 89.104) 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 not located between the sea and first public road paralleling the sea.
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 Section 15303, as discussed further herein.
THIRD HEARING FINDING:
This is the second hearing for the project. Per LBMC 25.05.040 (F)(5), Design review hearings on a proposed residential development project shall usually be limited to a maximum of two hearings. A third hearing may be permitted if the approval authority makes a finding that the applicant followed the authority's direction(s) from the initial hearing in good faith and further design work on the project is in the best interest of the community and the project. The approval authority may allow up to two continuances of hearings at which no substantive discussion of the application occurs. Concept review hearings for residential dwelling units of three units or less are not allowed, except where required by current City ordinance. If required, concept review shall be limited to one hearing and shall count as one of the above limited hearings.
ENVIRONMENTAL IMPACT:
In accordance with the California Environmental Quality Act (CEQA) guidelines, the project is categorically exempt pursuant to CEQA Guidelines 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. Examples of Class 3 exemptions include single family residence, second dwelling units, duplexes, and multi-family residential structures totaling no more than four dwelling units. The proposed 221
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project involves one single-family resident and attached two-car garage and is located in a residential zone.
Therefore, this project fits within a Class 3 exemption.
Further, none of the exceptions outlined in State CEQA Guidelines Section 15300.2 apply. The project site contains an environmentally sensitive drainage area that has been significantly modified and altered due to the installation of a City storm drain constructed on the adjacent contiguous property. Based on previous hydrology reports for the subject property, and a Hydrology Technical memo prepared in 2022, no impacts to the significant modified watercourse are anticipated. Therefore, the Project will not present significant impacts to a particularly sensitive environment. 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. 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 should the Project receive final approval.
RECOMMENDATION:
If the Design Review Board determines that the project is consistent with the design review criteria, then it is recommended that the Board, by motion, adopt a resolution (Attachment 1) approving Design Review 25-0431, Variance 25-0432, and Coastal Development Permit 25-0433 and finding said action exempt from CEQA.
NOTIFICATION:
Pursuant to Title 25 (Zoning) Public Notice, a public hearing notice has been mailed at least twenty-one (21) days prior to the hearing date in accordance with Title 25. In addition, a public hearing notice has been posted on the project site at least 10 days in advance of the hearing date.
PUBLIC COMMENT:
As of the drafting of this report, staff has not received any public comments on the proposed project.
ATTACHMENT(S):
Attachment 1 – Resolution No. 25-0431
Attachment 2 – Plans
Attachment 3 – Certified Staking Plan
Attachment 4 – Color and Material Board
Attachment 5 – Colored Elevations and Renderings
Attachment 6 – Technical Studies, etc.
Attachment 7 –Volume Exhibit
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