STAFF REPORT
Meeting Date:
May 12, 2026
NON APPEAL
20 SUBJECT: PUBLIC HEARING REGARDING THE ANNUAL SIDEWALK AND
INTERSECTION VISIBILITY NUISANCE ABATEMENT PROGRAM
RECOMMENDATION: It is recommended that the City Council:
1. Conduct a public hearing to hear protests regarding any noticed nuisance as established by Resolution No. 26.017;
2. Allow or overrule any protests based on facts or circumstances presented by protestors (Mayor Orgill to recuse, if protest regarding Property 8, and Councilmember Kempf to recuse, if protest regarding Property 30, as listed in Attachment 2.);
3. Adopt the Resolution titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAGUNA BEACH, CALIFORNIA, DIRECTING THE DIRECTOR OF PUBLIC WORKS &
UTILITIES TO PROCEED WITH ABATING ALL NOTICED NUISANCES ON PROPERTIES
THAT DO NOT ABATE THE NUISANCES WITHIN THE PRESCRIBED TIME AND FINDING THE SAME EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT”, directing the Director of Public Works & Utilities to abate all noticed nuisances established by Resolution No. 26.017 for Properties 1-35, as listed in Attachment 2, if not removed by June 12, 2026 (Mayor Orgill shall recuse from deliberation and voting on Property 8. Councilmember Kempf shall recuse from deliberation and voting on Property 30); and
4. Find the abatement of public nuisances exempt from California Environmental Quality Act pursuant to State CEQA Guidelines section 15304.
SUMMARY OF THE MATTER
This report recommends that the City Council conduct a public hearing to consider protests related to the Annual Sidewalk and Intersection Visibility Nuisance Abatement Program, and adopt a resolution directing the abatement of remaining nuisances that are not corrected by June 12, 2026.
As part of the City’s annual inspection program, staff identified 99 properties with vegetation or improvements obstructing pedestrian and vehicular visibility. Following the adoption of Resolution No.
26.017 on March 24, 2026, property owners were notified and provided an opportunity to correct violations.
To date, 64 properties have complied, and 35 properties remain subject to abatement.
If approved, the City will abate remaining nuisances and recover associated costs through property tax assessments, subject to City Council confirmation at a future hearing.
DISCUSSION
Background
Staff perform annual inspections of all City streets, identifying privately maintained vegetation or other improvements that present obstructions to pedestrians and vehicles. These public nuisances need to be abated under abatement procedures of the City’s Municipal Code and the California Government Code.
PUBLIC HEARING REGARDING THE ANNUAL SIDEWALK AND INTERSECTION
VISIBILITY NUISANCE ABATEMENT PROGRAM
May 12, 2026
On March 24, 2026, the City Council adopted Resolution No. 26.017 (Attachment 2), declaring vegetation or weeds located upon streets, sidewalks, parkways and private property that interfere with public interest, use and safety to be a public nuisance, and set a public hearing date of May 12, 2026, to hear any protests or objections. The 99 responsible property owners were notified via written notices mailed on March 25, 2026.
Current Status
Since the notification, 64 of the 99 identified properties have corrected the violations. The remaining 35 properties continue to present visibility or access concerns and are listed in Attachment 1.
Proposed Action
Staff recommends that the City Council, upon its determination to overrule any protests presented at the public hearing, direct the Director of Public Works & Utilities to abate all noticed obstructions not removed by June 12, 2026, except for locations where protest is upheld.
Cost Recovery
Abatement costs will be charged to responsible property owners via property tax bills. The City Council will be asked to confirm any assessments at its July 7, 2026 meeting.
FINANCIAL ANALYSIS
The Fiscal Year 2025-26 Budget contains sufficient funding for this annual program; therefore, no additional appropriation is requested.
Costs associated with abatement of non-compliant properties will be tracked on a per-parcel basis and are expected to be fully recovered through property tax assessments following City Council confirmation.
ENVIRONMENTAL ANALYSIS
PUBLIC HEARING REGARDING THE ANNUAL SIDEWALK AND INTERSECTION
VISIBILITY NUISANCE ABATEMENT PROGRAM
May 12, 2026
The abatement of public nuisances (including privately maintained vegetation or other improvements presenting obstructions to pedestrians and vehicles) is a project subject to the California Environmental Quality Act (CEQA). This project qualifies for a categorical exemption pursuant to Section 15304 of the State CEQA Guidelines – Minor Alterations to land (Class 4), which applies to minor public or private alterations to the condition of land, water, or vegetation. The abatement of public nuisances, which include the removal of weeds and vegetation, constitute minor alterations to land, and does not involve the removal of mature, scenic trees. Moreover, none of the exceptions to the exemptions set forth under State CEQA Guidelines section 15300.2 apply. There are no cumulative impacts resulting from successive projects of the same type on the same sites over time because the weeds and vegetation only need be removed permanently one time. There are no unusual circumstances that apply to the project that would result in a reasonable possibility for a significant effect on the environment since these involve minor removal of weeds and vegetation. There are no scenic resources within an officially designated scenic highway on or near the abatement of these nuisances that would result in damage to those scenic resources as a result of the project. The properties on which these nuisances are located are not included on any list compiled pursuant to Government Code section 65962.5. There are no historical resources on or near the properties such that there would be a substantial adverse change in the significance of such historical resource. Thus, the project is exempt pursuant to Class 4, and no further environmental review is required.
ATTACHMENTS
1. Resolution and Revised Nuisance Abatement Address List as Exhibit A (Pgs. 4-7)
2. Resolution No. 26.017 and Exhibit A (Pgs. 8-13)
Submitted By: Mark McAvoy Approved: .David A Kiff
Mark McAvoy, Director of Public
Works & Utilities
Dave Kiff, City Manager
Report Prepared By: Coordinated With:
Reza Jafari, Deputy Director/ Public Services