DESIGN REVIEW BOARD STAFF REPORT
February 26, 2026
Agenda Item No. 5.9
Case No: Design Review 2026-0024, Coastal Development Permit 2026-0025, and Variance 2026- 0026
Request: Demolition of existing structures and construction of a new single-family dwelling with a two-car garage in the R-1 (Residential Low Density) zone. Design review is required for the new structure, new vehicular access, elevator height, elevated decks, grading, retaining walls, pool, spa, pedestrian entry feature, landscaping, and construction in an environmentally sensitive area (oceanfront). A variance is requested 1) to reconstruct a funicular and associated access components (stairs, landings, terrace, retaining walls, and gates) within the bluff [LBMC Section 25.50.004(B)(4)]; 2) to maintain stairs, walkways, and retaining walls within the bluff [LBMC Section 25.50.004(B)(4)];]; and 3) to exceed the maximum wall height within the front setback [LBMC Section 25.50.012(B)(3)].
Location: 31985 & 31987 Coast Highway | APN: 056-160-03 & 056-160-41 Applicant: Morris Skenderian, Morris Skenderian & Associates Architects (Agent) (949) 497-3374 | [email protected]
Owner: Rama Krishna, 888 Pacific Holdings LLC
Staff: Community Development Department
Nancy Balmer-Csira | Planner
(949) 715-1284 | [email protected]
Recommendation:
Conduct a public hearing and by motion adopt Resolution 2026-0024 approving Design Review 2026-0024, Coastal Development Permit 2026-0025, and Variance 2026-0026 located at 31985 and 31987 Coast Highway and finding said action exempt from CEQA pursuant to Section 15303.
CEQA:
The project qualifies for a categorical exemption 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.
Coastal Development Permit:
The project site is located within an appealable area of the Coastal zone. Pursuant to Laguna Beach Municipal Code Section 25.07.004, a Coastal Development Permit (CDP) is required for construction within Attachment 5
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an environmentally sensitive area. A final decision by the city to approve the CDP may be appealed to the California Coastal Commission.
Board Members within a 500’ Radius: None
EXECUTIVE SUMMARY:
The proposed project includes demolition of existing structures and construction of a new single-family dwelling with a two-car garage.
Design review is required for the new structure, new vehicular access, elevator height, elevated decks, grading, retaining walls, pool, spa, pedestrian entry feature, landscaping, and construction in an environmentally sensitive area (oceanfront). A Coastal Development Permit is requested for the demolition of the existing structures and development on an oceanfront lot. The primary discretionary request is the variance requested 1) to reconstruct a funicular and associated access components (stairs, landings, terrace, retaining walls, and gates) within the bluff [LBMC Section 25.50.004(B)(4)]; 2) to maintain stairs, walkways, and retaining walls within the bluff [LBMC Section 25.50.004(B)(4)];]; and 3) to exceed the maximum wall height within the front setback [LBMC Section 25.50.012(B)(3)]. The applicant’s submitted justification in support of the variance is provided in Attachment 8.
The proposed project includes demolition of the existing structures and construction of a new single-family dwelling with an attached two-car garage. The project site includes combining two building sites, a down sloping lot with frontage along Coast Highway improved with a 2,700 square-foot duplex, two-car garage, and parking deck (31985 Coast Highway) and a U-shaped down sloping oceanfront lot improved with walls, walkways, steps and a funicular (31987 Coast Highway). The prior 3,000 square-foot single-family dwelling and attached two-car garage on the oceanfront lot was demolished in 2018. The request to demolish the house was made because the structure had significant structural and regulatory deficiencies that made rehabilitation impractical and cost prohibitive.
Staff recommends that the Design Review Board approve the project with the condition that existing obsolete improvements constructed within the bluff be removed. Staff has evaluated the project and associated variance requests related to reconstruction of the funicular and associated improvements, as well as the request to exceed the allowable wall height within the front setback and find that facts to support approval can be made for the requested entitlements. Reconstruction of the funicular and associated improvements is supported by the city because an agreement will be secured for use by public safety personnel for beach rescues. Required findings for the requested variance to retain obsolete stairs, walkways, and retaining walls within the bluff cannot be made. These improvements no longer serve a necessary function, and the circumstances do not meet the criteria for granting relief from the development standards.
Findings for the excess wall height can be justified based on other variances granted for similar lot circumstances.
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PROPERTY AERIAL PHOTO
SITE PHOTOS
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PROPERTY INFORMATION
Land Use Designation Village Low Density (1-7 DU/AC)
Zoning Designation R-1 Residential Low 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 Conforms Lot Area
Net Lot Area (without bluff area) 6,000 SF
34,740 SF
16,574 SF
No Change
No Change Yes
Building Site Coverage
(Net Lot Area)
35%
5,800 SF
-
-
28%
4,666.48 SF Yes
Landscape Open Space
(Gross Lot Area)
35%
12,159 SF
-
-
55.15%
19,159.59 SF Yes
Height
(Above curb)
(Lowest floor to top of roof)
15’
30’
15.00’
41.46”
7.90’
30.00’
Yes
Yes
Setbacks
Front
Side (North)
Side (South)
Rear (from blufftop)
10’
[Combined 20.86’
& 4’ Minimum]
25’
19.8’
31.3’
44.6’
87.8’
29.7’
14.5’
6.5’
34.8’
Yes
Yes
Yes
Yes
DISCUSSION/ANALYSIS:
Site History
The project site consists of two building sites that will be combined: a down sloping lot fronting Coast Highway improved with a 2,700 square-foot duplex, a two-car garage, and a parking deck (31985 Coast Highway) and a U-shaped down sloping oceanfront lot improved with walls, walkways, steps and a funicular (31987 Coast Highway). The following chart summarizes pertinent entitlements:
31895 Coast Highway
8-18-1975 County of Orange issued Building Permit to construct a new single-family residence with a two-car carport.
5-29-2008 Design Review Board approved DR 08-094, CDP 08-19 & VAR 7548 (for a new garage to encroach into the front setback). The existing garage was to be converted to living area. The project was never constructed and has since expired.
1-16-1995 Administrative Use Permit (AUP 002) was issued for a second unit. 31987 Coast Highway (oceanfront)
5-23-2017 City Council adopted Resolution No. 17.032 overturning the Design Review Board denial of CDP 16-2180 to demolish the home.
3-7-2018 California Coastal Commission on appeal conditionally approved CDP 16-2180 (A-5-LGB-17-0033).
Conditions of approval:
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1) Preparation and implementation of a Construction Monitoring Treatment Plan requiring the presence of qualified archaeological and Native American monitors during all project earth disturbing activities and establishing appropriate procedures to be implemented in the event cultural/archaeological resources are discovered,
2) Removal of Gunite from the bluff,
3) Conformance with the submitted erosion control and drainage plan, 4) Submittal of a seed list demonstrating that all seeds in the proposed hydroseed mix are primarily California natives,
5) As proposed by the applicant, all project-related parking shall be accommodated on site, and 6) Storage of construction materials, mechanized equipment and removal of construction debris. 7-9-2018 Building Permit (RBP 17-1028) was issued to demolish the 3,000 square-foot single-family dwelling and attached two-car garage.
6-13-2019 Design Review Board approved a new 5,593 square-foot single-family dwelling with a two-car garage (DR 19-2819 & CDP 19-2820). Several neighbors appealed the project to the California Coastal Commission. The project was withdrawn by the applicant and then the property was sold.
Proposed Project
The proposed four-bedroom, eight-bathroom single-family dwelling has been designed with a two-car garage. The top level includes the garage, main living area (kitchen, chef’s kitchen, family room, dining room, and living room), powder room and master bedroom suite with access to ocean facing elevated decks from the family room, dining room, living room, and master bedroom. Another elevated deck on the top level faces the street frontage and is accessed from the hallway adjacent to the main stair well down. The middle level below contains a lounge, three ensuite bedrooms, a gym, an office with attached bathroom, hall bathroom, laundry room, data room, and mechanical room. The gym, bedroom, and lounge can access a street facing courtyard. The lounge, office, and two bedrooms can access the ocean facing decks. An exterior stair down from both levels of the decks provides access to a partially enclosed spa, pool, lounge, bar, and bathroom under the home. An elevator connects all three levels.
Proposed site improvements include an S-shaped down sloping driveway for parking of four vehicles, two vehicles park in the garage. Additional proposed amenities include on grade steps, walkways, retaining walls, planters, gates, trellises, and landscaping.
ENTITLEMENTS: Included within this staff report is an analysis of the following entitlements: design review, coastal development permit, and variance.
Design Review
The following elements requires design review: the new structure, new vehicular access, elevator height, elevated decks, grading, retaining walls, pool, spa, pedestrian entry feature, landscaping, and construction in an environmentally sensitive area (oceanfront). (See LBMC Section 25.05.040(B)(1)(b, c, h, l, m, p, & r) and (B)(3)(a)(ii)). 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:
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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 project is not expected to create conflicts between vehicular, pedestrian, or other modes of transportation. Site access will continue to be provided from Coast Highway. The required onsite turnaround has been provided, and vehicles will exit the site nosing into traffic. The existing sidewalk will jog at the new driveway apron. A pedestrian entry feature and vehicular gate are setback approximately 8 feet from the back of the sidewalk where vegetation is proposed.
A pedestrian entry feature, wall, and vehicular driveway gate are proposed within the front setback and have been staked with story poles. These elements are set back ten (10) feet from the back of sidewalk and are consistent with the existing streetscape character, where walls, fences, gates, and garages are commonly located at or near the sidewalk. The proposed wall and fence height is limited to four (4) feet. Refer to the Variance section below for justification to exceed the permitted wall and fence height.
Community Development Department
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 minimizes the appearance of mass through a terraced and stacked design that follows the natural down slope of the site. As viewed from the street, the proposed highest roofline is less than eight (8) feet above the curb, seven (7) feet less than the existing home that will be demolished and the 15-foot maximum height limit above the curb.
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 architectural style reflects a modern aesthetic, incorporating characteristic elements such as varied height parapet roof forms. Proposed exterior finishes reinforce this style and include a medium tan colored smooth stucco, rough and smooth limestone veneer, and extra dark bronze metal framed doors and windows, fencing, railings, and garage door. Glass deck railings are also proposed.
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 project has been designed to step with the existing gently sloping terrain. No heritage trees, significant natural features, or watercourses are present on the property. The project includes approximately 2,885 cubic yards of grading export, which is primarily proposed to lower the 141
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building into the slope to preserve neighboring ocean views. As a result, the project is not expected to adversely affect the City’s scenic natural setting.
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 General Plan, including, but not limited to, the following 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.
The project has been designed to be compatible with and integrated into the site’s existing gently sloping topography through a stepped and terraced building form that follows the natural down slope of the property. The siting and massing of the structure minimize perceived bulk and reduce visual impacts when viewed from the public right-of-way and surrounding properties. While grading is proposed, it is limited to only cut and is primarily intended to lower the building into the slope, thereby minimizing building height and preserving neighboring and public ocean views. No significant onsite natural resources are present or impacted by the development. As designed, the project is consistent with LU Policy 2.8 and the applicable Design Guidelines by respecting existing terrain, minimizing topographic alteration to the extent feasible, and protecting public views.
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 project has been carefully sited and designed to preserve coastal and canyon views from surrounding properties and public viewpoints to the greatest extent feasible. The stepped and terraced building form follows the natural upslope of the site and reduces perceived height and mass.
As viewed from Coast Highway, the highest roofline is seven (7) feet below the allowable height limit above the curb, ensuring compatibility with the established streetscape and minimizing impacts to public views. No public bluff-top trails or visitor-serving facilities are within the project site.
Accordingly, the project is consistent with LU Policy 2.10 and the principle of view equity by minimizing impacts to existing public and private coastal and canyon views.
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 142
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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 project has been designed and sited to be compatible with and integrated into the site’s existing gently sloping topography through a stepped and terraced building form that maintains a low-profile appearance. The building is set back from the ocean bluff area that consists of 18,166 square feet (52.3% of the property). The design minimizes perceived height and mass and reduces the need for excessive grading. Proposed grading cut is primarily intended to lower the structure into the slope, thereby minimizing alteration of the natural topography while preserving public and neighboring views.
The project protects public views consistent with the Design Guidelines and the Landscape and Scenic Highways Resource Document by maintaining roof heights and building massing that remain visually subordinate to the surrounding streetscape. As viewed from Coast Highway, the highest roofline is eight (8) above the curb, ensuring a low-profile character when viewed from the public right-of-way.
The project incorporates appropriate architectural articulation and material variation to reduce visual prominence, and proposed landscaping will further soften building edges and integrate the structure into its hillside setting. The site is visible from designated scenic highways and the beach visitorserving facilities. As designed, the project represents a best-effort siting strategy that minimizes adverse impacts on views from public locations and is consistent with applicable Design Guidelines and scenic resource policies.
LU Policy 7.3 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 development is integrated with the site’s existing gently sloping topography through stepped and terraced building forms that follow the natural contours of the property and maintain a lowprofile appearance when viewed from public vantage points. Building massing, roof forms, and architectural articulation reduce visual prominence and ensure compatibility with the scale and character of surrounding residential development. Grading is proposed primarily to lower the structure into the slope, thereby minimizing alteration of the natural landform and preserving public and private views to the extent feasible.
The building is set back from the ocean bluff area that consists of 18,166 square feet (52.3% of the property). As designed, the project minimizes impacts to scenic resources and public views and is consistent with LU Policy 7.3 and the General Plan goal of protecting, preserving, and enhancing the community’s natural resources.
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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 project is consistent with LU Policy 7.10, which encourages new construction and grading to be in proximity to preexisting development to minimize environmental impacts and reduce growthinducing potential. The new construction occupies areas already developed, and no expansion into previously undisturbed portions of the lot is proposed. Grading is concentrated within the existing development envelope, minimizing disturbance to natural terrain. By situating the new building largely on the footprint of the prior structure, the project minimizes impacts on the site’s natural features and limits potential growth-inducing effects, consistent with the intent and objectives of LU Policy 7.10.
LU Policy 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. (Same as Policy 7.3) GOAL: Ensure that proposals for new development, subdivisions, and major remodels are sufficiently evaluated to protect public health and safety and natural resources.
The development is integrated with the site’s existing gently sloping topography through stepped and terraced building forms that follow the natural contours of the property and maintain a lowprofile appearance when viewed from public vantage points. Building massing, roof forms, and architectural articulation reduce visual prominence and ensure compatibility with the scale and character of surrounding residential development. Grading is proposed primarily to lower the structure into the slope, thereby minimizing alteration of the natural landform and preserving public and private views to the extent feasible.
The building is set back from the ocean bluff area that consists of 18,166 square feet (52.3% of the property). As designed, the project minimizes impacts to scenic resources and public views and is consistent with LU Policy 10.2 and the General Plan goal of protecting public health and safety and natural resources.
6. Historic Preservation: Destruction or alteration to historic resources should be avoided whenever possible. See Chapter 25.45 for more information.
The existing residence is not listed on the City’s Historic Register, as such, this criterion is satisfied.
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.
Sheets L-04 & L-05 includes the proposed landscape/fuel modification plan. The maintenance of heights and widths of trees and shrubs are noted. The landscaping is consistent with the Landscape 144
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and Scenic Highways Resource Document. There are no known neighborhood concerns relative to potential hedge impacts.
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.
Site lighting is shown on Sheet L-06 and includes 11 low voltage LED recessed fixtures and 10 well lights along the driveway. Low voltage building lighting is shown on Sheet L.1 and includes a total of 120 fixtures (66 step lights, 42 sconces, 3 courtyard up-lights, and 9 recessed cans). All lighting except for the lower-level courtyard up-lights) will be low wattage LED, shielded, and directed downward, consistent with the City’s Good Neighbor Lighting Ordinance to avoid impacts to neighboring properties. Proposed non-reflective materials are specified for roofing, smooth stucco, and limestone stone veneer. Therefore, materials should not cause glare or a negative visual impact to other properties.
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 area is a coastal residential neighborhood situated on a bluff above the shoreline, immediately adjacent to a primary coastal roadway (Coast Highway) with local residential streets extending inland. Development reflects a long-established coastal village pattern, where homes are closely integrated with the natural bluff, beach access points, and ocean-oriented views. The proposed home is generally compatible with the existing coastal neighborhood character, particularly in terms of height, architectural style, and response to topography. The design aligns with the prevailing pattern of contemporary, multi-level coastal residences along the bluff.
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 this residential project is not subject to these criteria.
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.
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The proposed two-story home will be located closer to Coast Highway than both adjacent oceanfront homes that extend down the bluff. The home placement creates side yards of 14’-6” to the north and 6’-6” to the south. The proposed pool and spa area is located under the home and design to not impact neighbor privacy. As such, the project will not result in a substantial invasion of privacy to neighboring properties.
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 this residential project is not subject to these criteria.
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 this residential project is not subject to these criteria.
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 new construction will 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. The roof plan includes a solar ready flat roof area. Further, the applicant will be required to reuse, recycle, or divert at least 65 percent of the project’s construction and demolition debris.
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 proposed swimming pool, baja shelf, and spa are located below the home at the rear of the building where impacts to adjacent properties are expected to be minimal. The pool equipment will also be located under the home. The equipment specifications will be reviewed prior to building permit issuance for conformance to the maximum allowed noise levels for single-family residential properties. The project is conditioned to allow pool equipment to be operated between the hours of 9:00 am and 9:00 pm only and to require installation of a timer to ensure compliance. The required pool security requirements will be reviewed during building plan check. 146
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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.
As designed, the proposed two-story structure purposely reduces the upper-level massing as viewed from Coast Highway by limiting the roof height to 7.9 feet below the maximum 15-foot height limit measured above the curb and the existing home to be removed. This significant reduction of upperlevel massing and the flat roof designs are intended to provide preservation of views for the adjacent neighbors.
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.
The project is consistent with the Residential Design Review Guidelines and South Laguna Community Design and Landscape Guidelines, as explained above.
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.
The project is located at the uppermost part of the lot and is consistent with the existing developed neighborhood in mass and scale. The proposed improvements are consistent with the neighborhood diverse and unique architectural styles designs and allow views of ocean from neighboring properties without disturbance to the natural conditions of the site.
Finding No. 4. The project is consistent with any specific plan or any other specific zoning design review criteria.
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There are no specific plans or other specific zoning design review criteria applicable to this project.
Coastal Development Permit
The proposed demolition, new single-family dwelling, and construction in an environmentally sensitive area 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.
The subject property does not contain, nor is it adjacent to, any existing or proposed public accessways identified in the adopted Local Coastal Program Land Use Plan. The proposed development will not alter or encroach upon any legally utilized public accessway.
2. The proposed development will not adversely affect marine resources, environmentally sensitive areas, or archaeological or paleontological resources.
The proposed development will not adversely affect marine resources, environmentally sensitive resources or archeological or paleontological resources in that the proposed single-family development is not located within the bluff. The applicant submitted a Geotechnical Investigation and Determination of the Bluff Edge Location report (Stoney-Miller/Geofirm Consultants, Inc., September 25, 2025) which identified the geologic bluff edge and stated that this conforms to the Coastal Act definition as well as the City’s Land Use Element definition of bluff edge. The city peer review confirmed the bluff edge location.
3. The proposed development will not adversely affect recreational or visitor-serving facilities or coastal scenic resources.
The Project site is in a developed residential area of the city. The proposed Project will not adversely affect recreational or visitor-serving facilities as there are no recreational or visitor-serving facilities either located on the Project site. The proposed development will also not adversely affect coastal scenic resources, including “land based scenic views from public parks, trains, roads and vista points,” view corridors of beach and ocean from Coast Highway, view corridors from coastal canyons, and open-space easements used to mitigate adverse visual impact of access road, inns, and residences because scenic views are not present in the vicinity of the property or at elevations relative to the existing and proposed improvements. In other words, the Project consists of new development that is located close to the street, out of the bluff, and where the existing will be demolished. 148
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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 development is proposed near the street and not within the bluff that slopes down to the beach.
The subject property is not located within an environmentally sensitive habitat area or scenic resources located in adjacent parks and recreation areas. Therefore, there will be no adverse impacts to environmentally sensitive habitats and scenic resources.
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 area of the site does not contain any significant natural landforms. Any grading required for the home is not within the 25-foot bluff setback, The Project is subject to all requirements of the Laguna Beach Building and Fire Codes. Additionally, the site is not located in a designated flood or high fire hazard zone, and the project will not result in undue risk from geological, erosional, flood, or 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 is architecturally compatible and in scale with other homes in the surrounding neighborhood, which is not a visually degraded area.
7. The proposed development will not have any adverse impacts on any known archaeological or paleontological resource.
There are no known archaeological or paleontological resources in the Project area.
8. The proposed development will be provided with adequate utilities, access roads, drainage and other necessary facilities.
The project involves the demolition of the existing structures and construction of a new single-family dwelling with an attached two-car garage. The project site is currently served by existing utilities, access roads, drainage, and other necessary facilities. Given the scope of the proposed development, it is anticipated that the existing infrastructure can accommodate the home without significant impact. No major deficiencies in utility or service capacity are currently known.
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.
Other public services, such as solid waste collection and public roadway capacity, have been considered and are adequate to serve the proposed development. Since the Project site is already served by these utilities and infrastructure, the new home will not overburden existing public services.
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The project is consistent with all applicable policies of the Certified LCP.
LCP OCEANFRONT AND BLUFF TOP POLICIES (CDP)
Land Use Element (LU) Policy 2.10 Maximize the preservation of coastal and canyon views (consistent with the principle of view equity) from existing properties and minimize blockage of existing public and private views.
There are no significant on-site resources. The proposed Project is designed to integrate with the topography of the site, set back from the bluff area, and there will be no impact to any public views.
LU Element Action 7.3.3 Design and site new development to avoid hazardous areas and minimize risks to life and property from coastal and other hazards.
A coastal hazards analysis has been provided indicating that the proposed development is safe from coastal hazards.
LU Element Action 7.3.4 Require new development to assure stability and structural integrity, and neither create nor contribute significantly to erosion, geologic stability, or destruction of the site or surrounding area or in any way require the construction of protective devices that would substantially alter natural landforms along bluffs and cliffs.
The City’s geotechnical consultant reviewed the geotechnical report and coastal hazards analysis and conceptually approved the project.
LU Element Action 7.3.5 Prohibit development on oceanfront bluff faces, except public improvements providing public access, protecting coastal resources, or providing for public safety.
Permit such improvements only when no feasible alternative exists and when designed and constructed to minimize landform alteration of the oceanfront bluff face, to not contribute to further erosion of the oceanfront bluff face, and to be visually compatible with the surrounding area to the maximum extent feasible.
As further described under the Variance heading below, improvements that provide for public safety access are proposed to be reconstructed within the bluff and all other obsolete improvements will be removed. Thus, the exception to development on oceanfront bluff faces for public improvements providing for public safety is applicable here. While the improvement is not on public land/property, the City is gaining valuable public safety access to nearby public beaches at no cost as the property owner will pay for the entirety of the improvements. The Construction Monitoring Treatment Plan (Attachment 11) describes procedures to follow as a program to mitigate impacts to any cultural resources found during construction within the bluff. Furthermore, a bluff restoration plan will be required for building plan check review for the removal of obsolete structures prior to obtaining any building permits.
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LU Element Action 7.3.6 Require new development on oceanfront blufftop lots to incorporate drainage improvements, removal of and/or revisions to irrigation systems, and/or use of native or drought-tolerant vegetation into the design to minimize threats to oceanfront bluff recession.
The preliminary grading plan (Sheet C-1) shows drainage improvements and a storm water pump station. The landscape/fuel modification plan (Sheets L-04 & L-05) shows native and drought tolerant vegetation.
LU Element Action 7.3.8 On oceanfront bluff sites, require applications where applicable, to identify and removal all unpermitted and/or obsolete structures, including but not limited to protective devices, fences, walkways, and stairways, which encroach into oceanfront bluffs.
As described under the Variance heading below, all existing obsolete improvements will be required to be demolished.
LU Element Action 7.3.11 Require all coastal development permit applications for new development on an oceanfront or on an oceanfront bluff property subject to wave action to assess the potential for flooding or damage from waves, storm surge, or seiches, through a wave uprush and impact report prepared by a licensed civil engineer with expertise in coastal processes. The conditions that shall be considered in a wave uprush study are a seasonally eroded beach combined with long-term (75 years) erosion; high tide conditions, combined with long-term (75 year) projections for sea level rise; storm waves from a 100-year event or a storm that compares to the 1982/83 El Niño event.
A Coastal Hazards Analysis has been prepared for the project concluding it is safe from erosion and high tide conditions over a 75-year period and from storm waves from a 100-year event.
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 proposed home and landscaping have been designed to integrate with the topography of the site and there will be no impact to any public views.
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.
Due to the site’s topography, the home is located closer to the street than both neighboring homes and the roofline will be over seven feet lower than the existing home to be demolished which is visible from Coast Highway, thereby protecting public views. 151
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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 in a developed area characterized by multi-level single-family residences with ocean views. The proposed home would not introduce building massing that would compromise established view equity within the neighborhood.
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 site does not contain significant natural features or environmentally sensitive resources. The proposed Project is designed to be compatible with the mass and scale of other homes in the surrounding neighborhood. It will also minimize view impacts due to the height of the roofline which is over seven feet lower than the existing home and the maximum 15-foot height limit measured above the curb.
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 not anticipated to result in view impacts due to the placement of the home in respect to neighboring properties and has been located to retain view opportunities through side yards. 152
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Coastal Land Use Plan Technical Appendix Section 30251 The scenic and visual qualities of coastal areas shall be considered and protected as a resource of public importance. Permitted development shall be sited and designed to protect views along the ocean and scenic coastal areas, to minimize the alteration of natural landforms, to be visually compatible with the character of surrounding areas, and where feasible to restore and enhance visual quality in visually degraded areas. New development in highly scenic areas ... shall be subordinate to the character of its setting.
The proposed development considers and protects the scenic and visual qualities of public coastal views in that the Project would integrate the building design with the natural terrain, and the proposed grading and terracing would result in a design and minimizing impacts to public views.
LCP DOCUMENTS
The project conforms with all the following applicable documents of the Certified LCP.
General Plan Land Use Element
Zoning Map
Title 25 (Zoning Code)
2010 Design Guidelines – A Guide to Residential Development South Laguna Community Design and Landscape Guidelines (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 site is 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.
The proposed development is in conformity with the public access and public recreation policies of Chapter 3 of the Local Coastal Act. Because of the newly acquired public safety component of the proposed development, existing public beach access and coastal recreation areas will be better served by the City’s public safety personnel.
Public Access
Section 30211 Development not to interfere with access
Development shall not interfere with the public's right of access to the sea where acquired through use or legislative authorization, including, but not limited to, the use of dry sand and rocky coastal beaches to the first line of terrestrial vegetation.
Section 30212 New development projects
(a) Public access from the nearest public roadway to the shoreline and along the coast shall be provided in new development projects except where: (1) it is inconsistent with public safety, military security needs, or the protection of fragile coastal resources, (2) adequate access exists nearby, or (3) agriculture would be 153
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adversely affected. Dedicated accessway shall not be required to be opened to public use until a public agency or private association agrees to accept responsibility for maintenance and liability of the accessway. (b) For purposes of this section, "new development" does not include:
(1) Replacement of any structure pursuant to the provisions of subdivision (g) of Section 30610. (2) The demolition and reconstruction of a single-family residence; provided, that the reconstructed residence shall not exceed either the floor area, height or bulk of the former structure by more than 10 percent, and that the reconstructed residence shall be sited in the same location on the affected property as the former structure.
(3) Improvements to any structure which do not change the intensity of its use, which do not increase either the floor area, height, or bulk of the structure by more than 10 percent, which do not block or impede public access, and which do not result in a seaward encroachment by the structure. (4) The reconstruction or repair of any seawall; provided, however, that the reconstructed or repaired seawall is not a seaward of the location of the former structure. (5) Any repair or maintenance activity for which the commission has determined, pursuant to Section 30610, that a coastal development permit will be required unless the commission determines that the activity will have an adverse impact on lateral public access along the beach. As used in this subdivision "bulk" means total interior cubic volume as measured from the exterior surface of the structure.
(c) Nothing in this division shall restrict public access nor shall it excuse the performance of duties and responsibilities of public agencies which are required by Sections 66478.1 to 66478.14, inclusive, of the Government Code and by Section 4 of Article X of the California Constitution.
Section 30214 Implementation of public access policies; legislative intent (a) The public access policies of this article shall be implemented in a manner that takes into account the need to regulate the time, place, and manner of public access depending on the facts and circumstances in each case including, but not limited to, the following:
(1) Topographic and geologic site characteristics.
(2) The capacity of the site to sustain use and at what level of intensity. (3) The appropriateness of limiting public access to the right to pass and repass depending on such factors as the fragility of the natural resources in the area and the proximity of the access area to adjacent residential uses.
(4) The need to provide for the management of access areas so as to protect the privacy of adjacent property owners and to protect the aesthetic values of the area by providing for the collection of litter.
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(b) It is the intent of the Legislature that the public access policies of this article be carried out in a reasonable manner that considers the equities and that balances the rights of the individual property owner with the public's constitutional right of access pursuant to Section 4 of Article X of the California Constitution. Nothing in this section or any amendment thereto shall be construed as a limitation on the rights guaranteed to the public under Section 4 of Article X of the California Constitution.
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.
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, as discussed further herein.
Variance
A variance is requested 1) to reconstruct a funicular and associated access components (stairs, landings, terrace, retaining walls, and gates) within the bluff [LBMC Section 25.50.004(B)(4)]; 2) to maintain stairs, walkways, and retaining walls within the bluff [LBMC Section 25.50.004(B)(4)];]; and 3) to exceed the maximum wall height within the front setback [LBMC Section 25.50.012(B)(3)].
Staff has evaluated the project and associated variance requests related to reconstruction of the funicular and associated improvements, as well as the request to exceed the allowable wall height within the front setback and find that facts to support approval can be made for the requested entitlements.
Reconstruction of the funicular and associated improvements is supportable because of 1) the subject property’s unique width and location along the isolated cove that is known as Thousand Steps Beach and, 2) the opportunities that this site presents to promote the health and safety of members of the public by the City’s public safety personnel. Notwithstanding this, staff is unable to find facts in support of the request to retain obsolete stairs, walkways, and retaining walls within the bluff. These improvements no longer serve a necessary function (i.e., a direct public health and safety function), and the circumstances do not meet the criteria for granting relief from the development standards. Findings to exceed wall height can be justified based on similar variances granted for similar lots (see LBMC Section 25.05.025).
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.
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The subject property is unique as compared to its peers that front the isolated cove known as Thousand Steps Beach and this uniqueness provides support for allowing the reconstruction of a bluff face improvement known as a funicular. Similarly, granting additional height for walls is supportable because of the property’s topography and this allowance grants parity with other properties nearby that have been granted the same courtesy. However, the applicant’s request to retain other bluff face improvements can not be supported by staff. Each of these is discussed more specifically below:
As to the bluff face improvement that would allow reconstruction of the funicular, staff finds that the width of the subject property presents a truly unique opportunity to provide for easier and quicker and more reliable access to Thousand Steps Beach. Thousand Steps Beach is one of South Laguna’s largest and most heavily used beaches. Notwithstanding this, access to the beach itself is limited to a single staircase near the intersection of 9th Avenue and Coast Highway. This staircase consists of approximately 223 individual steps and, due to the steepness of the bluff face, feels like many more.
Use of this staircase is popular for access to the beach by the general public and is also popular for those interested in walking/running the steps for fitness purposes. Collectively, this makes for a crowded and complex pathway for the City’s first responders to utilize to access Thousand Steps Beach when responding to emergency calls. Congestion on the stairs and the number of steps and steepness of the bluff all create challenges to providing timely response in emergency situations.
To provide a sense of magnitude, the Marine Safety Chief provided rescue statistics for the 9th and 10th Street beaches covering the period from January 1, 2023, through November 9, 2025. Statistics were collected for both beaches because they share the same public access point and are adjacent to the property at 31987 Coast Hwy.:
Total Incident Type Definition
1,860 Rescues To physically assist a person from the ocean. 1,315 Medical Aids The immediate treatment or care given to a person suffering from an injury or illness until more advanced care is provided or the person recovers. 34,117 Ordinance Advisements An advisement or enforcement of local, state, and federal laws. A few examples of ordinance enforcement include drinking alcohol, dogs on the beach, smoking, using unpermitted easy-ups or shade coverings, having bonfires, and laws related to disturbing marine life.
165,473 Public Contacts Non-safety related contacts. These are typically directions to individuals, families, and groups to places such as bathrooms, parking, restaurants, and more, as well as trolley schedules.
96,260 Preventative Actions Safety-related contacts pertaining to people too close to or in danger of impacts from: beach, ocean, water, cliff, rock, reef, cave, rip current, lateral current, sand bar, shore break, storm surge, lightning, flood, fog, tide, surf, etc.
Given that the public health safety and welfare sit atop the most important responsibilities of government, granting a variance to reconstruct the existing funicular improvement on the bluff face seems to be a reasonable trade-off of governments interest in protecting the coastline and protecting the public. The funicular would be a privately-owned improvement that is accessible to the City/first responders all day, everyday pursuant to a recorded agreement that would include maintenance responsibilities and performance standards. The funicular would not be open to the general public 156
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as they would continue to utilize the existing stairs. As such, the funicular allows for separation of general public foot traffic from this “express lane” down to the beach by first responders. As a mechanical lift, the funicular provides for a more constant rate of speed up and down the bluff face than does walking the stairs and allows for patient being extracted from the beach to be moved in a more comfortable manner. Most other properties along Thousand Steps Beach are narrow and don’t contain the side yard widths of the proposed development. Because of this ease of access compared to the subject property is constrained and the subject lots additional width provides the right set of circumstances to grant the bluff face improvement variance to allow the funicular to be reconstructed based on government utmost interest to provide for the public health, safety, and welfare.
It should be noted that General Plan Land Use Element Action 7.3.5 prohibits development on oceanfront bluff faces, except public improvements providing public access, protecting coastal resources, or providing for public safety. To support construction of the funicular and related improvements, a condition of approval requiring an easement and agreement with the property owner for City public safety use (Condition No. 23). Plan Sheets A.0.7 and A.0.8 show the proposed easement. The new funicular track that is in alignment with the existing funicular track and the car will meet the Marine Safety and Fire Department requirements to accommodate a gurney and City staff.
Nothwithstanding this, staff does not support retaining or reconstructing other existing bluff-face improvements as requested by the applicant. The State and the City have an interest in removing obsolete improvements from the bluff face consistent with the Coastal Act and the City’s Local Coastal Program. These improvements that the application seeks variance approval to reconstruct have substantial private value but, in staff’s opinion, this personal value does not outweigh the values that the Coastal Act and City’s Local Coastal Program seek to advance. For this simple reason staff is not supportive of granting the variance to retain/reconstruct other existing bluff-face improvements. This position is also consist with General Plan Land Use Element Action 7.3.5 described above as the improvements proposed to be retained are not for public access or to protect coastal resources, or to provide for public safety. Furthermore, a bluff restoration plan will be required at building plan check review to remove the obsolete structures. This is memorialized as Condition 24 of the project resolution.
As for those walls and the driveway gate that exceed the 4-foot height limit within the front setback, staff finds that this request is consistent with nearby pattern of development. Existing walls and fences in the immediate vicinity located along the west side of Coast Highway that exceed the maximum 4-foot height include but are not limited to 31949, 31951, 31995, 32001, and 32021 Coast Highway. These proposed elements are set back ten (10) feet from the back of sidewalk and like many other properties along Coast Highway allows a car to pull out of the traffic flow in order to gain entry to the private property. These improvements also do not interfere with pedestrian flow along the public sidewalk. For these reasons, staff finds that this variance is reasonable and appropriate and not out of character for its setting.
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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.
Many other properties fronting on Thousand Steps Beach have direct access down the bluff face to the beach. These conditions have existed for many years and while perhaps not the most desirable situation involving new development, the subject property and its setting offer unique circumstance that in this one-off condition (as explained in Variance Finding 1) justify granting approval to re-construct/re-establish this access via the funicular.
Conversely, the requested variance to retain stairs, walkways, and retaining walls within the bluff is not necessary to preserve a substantial property right. With the approval of the reconstructed funicular providing private access to the beach, continued maintenance of obsolete and unpermitted bluff structures is not required for reasonable use or enjoyment of the property and is not a development privilege uniformly enjoyed by similarly situated properties. Accordingly, the required finding for approval of this portion of the variance request cannot be made.
As for the wall and gate, other properties along Coast Highway with comparable frontage conditions have been granted relief to construct walls and gates exceeding the standard height limits in order to address privacy, security, and noise concerns associated with adjacency to a major arterial roadway. The requested wall-height variance is therefore consistent with development privileges enjoyed by other properties under like conditions.
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 subject property is unique as compared to its peers that front the isolated cove known as Thousand Steps Beach and this uniqueness provides support for allowing the reconstruction of a bluff face improvement known as a funicular. Similarly, granting additional height for walls is supportable because of the property’s topography and this allowance grants parity with other properties nearby that have been granted the same courtesy. However, the applicant’s request to retain other bluff face improvements can not be supported by staff. Each of these is discussed more specifically below:
As to the bluff face improvement that would allow reconstruction of the funicular, staff finds that the width of the subject property presents a truly unique opportunity to provide for easier and quicker and more reliable access to Thousand Steps Beach. Thousand Steps Beach is one of South Laguna’s largest and most heavily used beaches. Notwithstanding this, access to the beach itself is limited to a single staircase near the intersection of 9th Avenue and Coast Highway. This staircase consists of approximately 223 individual steps and, due to the steepness of the bluff face, feels like many more.
Use of this staircase is popular for access to the beach by the general public and is also popular for those interested in walking/running the steps for fitness purposes. Collectively, this makes for a crowded and complex pathway for the City’s first responders to utilize to access Thousand Steps Beach when responding to emergency calls. Congestion on the stairs and the number of steps and steepness of the bluff all create challenges to providing timely response in emergency situations. 158
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To provide a sense of magnitude, the Marine Safety Chief provided rescue statistics for the 9th and 10th Street beaches covering the period from January 1, 2023, through November 9, 2025. Statistics were collected for both beaches because they share the same public access point and are adjacent to the property at 31987 Coast Hwy.:
Total Incident Type Definition
1,860 Rescues To physically assist a person from the ocean. 1,315 Medical Aids The immediate treatment or care given to a person suffering from an injury or illness until more advanced care is provided or the person recovers. 34,117 Ordinance Advisements An advisement or enforcement of local, state, and federal laws. A few examples of ordinance enforcement include drinking alcohol, dogs on the beach, smoking, using unpermitted easy-ups or shade coverings, having bonfires, and laws related to disturbing marine life.
165,473 Public Contacts Non-safety related contacts. These are typically directions to individuals, families, and groups to places such as bathrooms, parking, restaurants, and more, as well as trolley schedules.
96,260 Preventative Actions Safety-related contacts pertaining to people too close to or in danger of impacts from: beach, ocean, water, cliff, rock, reef, cave, rip current, lateral current, sand bar, shore break, storm surge, lightning, flood, fog, tide, surf, etc.
Given that the public health safety and welfare sit atop the most important responsibilities of government, granting a variance to reconstruct the existing funicular improvement on the bluff face seems to be a reasonable trade-off of governments interest in protecting the coastline and protecting the public. The funicular would be a privately-owned improvement that is accessible to the City/first responders all day, everyday pursuant to a recorded agreement that would include maintenance responsibilities and performance standards. The funicular would not be open to the general public as they would continue to utilize the existing stairs. As such, the funicular allows for separation of general public foot traffic from this “express lane” down to the beach by first responders. As a mechanical lift, the funicular provides for a more constant rate of speed up and down the bluff face than does walking the stairs and allows for patient being extracted from the beach to be moved in a more comfortable manner. Most other properties along Thousand Steps Beach are narrow and don’t contain the side yard widths of the proposed development. Because of this ease of access compared to the subject property is constrained and the subject lots additional width provides the right set of circumstances to grant the bluff face improvement variance to allow the funicular to be reconstructed based on government utmost interest to provide for the public health, safety, and welfare.
It should be noted that General Plan Land Use Element Action 7.3.5 prohibits development on oceanfront bluff faces, except public improvements providing public access, protecting coastal resources, or providing for public safety. To support construction of the funicular and related improvements, a condition of approval requiring an easement and agreement with the property owner for City public safety use (Condition No. 23). Plan Sheets A.0.7 and A.0.8 show the proposed easement. The new funicular track that is in alignment with the existing funicular track and the car will meet the Marine Safety and Fire Department requirements to accommodate a gurney and City staff.
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Nothwithstanding this, staff does not support retaining or reconstructing other existing bluff-face improvements as requested by the applicant. The State and the City have an interest in removing obsolete improvements from the bluff face consistent with the Coastal Act and the City’s Local Coastal Program. These improvements that the application seeks variance approval to reconstruct have substantial private value but, in staff’s opinion, this personal value does not outweigh the values that the Coastal Act and City’s Local Coastal Program seek to advance. For this simple reason staff is not supportive of granting the variance to retain/reconstruct other existing bluff-face improvements. This position is also consist with General Plan Land Use Element Action 7.3.5 described above as the improvements proposed to be retained are not for public access or to protect coastal resources, or to provide for public safety. Furthermore, a bluff restoration plan will be required at building plan check review to remove the obsolete structures. This is memorialized as Condition 24 of the project resolution.
As for those walls and the driveway gate that exceed the 4-foot height limit within the front setback, staff finds that this request is consistent with nearby pattern of development. Existing walls and fences in the immediate vicinity located along the west side of Coast Highway that exceed the maximum 4-foot height include but are not limited to 31949, 31951, 31995, 32001, and 32021 Coast Highway. These proposed elements are set back ten (10) feet from the back of sidewalk and like many other properties along Coast Highway allows a car to pull out of the traffic flow in order to gain entry to the private property. These improvements also do not interfere with pedestrian flow along the public sidewalk. For these reasons, staff finds that this variance is reasonable and appropriate and not out of character for its setting.
Finding No. 4: The granting of such a variance will not be contrary to the objectives of the zoning ordinance or the general plan.
Variances are an appropriate tool to provide relief from certain standards when unique conditions exist relative to location or setting as compared to nearby properties. In this case, the applicant has requested three variances. Staff supports granting two of these but denying the third. Staff’s support for these is rooted in the objectives of the City’s General Plan and Zoning Ordinance.
More specifically, the funicular bluff-face improvement qualifies as a public-safety-related improvement consistent with Land Use Element Action 7.3.5, which allows development on oceanfront bluffs when necessary to provide public access, protect coastal resources, or ensure public safety. The required agreement and easement further ensure that the improvement serves a broader public benefit.
The front setback wall height variance aligns with General Plan and zoning objectives by allowing site-sensitive design solutions that respond to unique physical conditions while maintaining neighborhood compatibility and visual character along Coast Highway.
However, granting a variance to maintain obsolete structures within the bluff would conflict with Land Use Element Action 7.3.8, which requires the identification and removal of unpermitted and obsolete encroachments into oceanfront bluffs. Requiring removal of these structures and implementation of a bluff restoration plan advances General Plan goals related to coastal resource protection, visual quality, and long-term bluff stability. Since these improvements are 160
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primarily of private value, their retention on the bluff face would be inconsistent with the City’s General Plan and Zoning Code.
ENVIRONMENTAL IMPACT:
In accordance with the California Environmental Quality Act (CEQA) guidelines, the project qualifies for a categorical exemption 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. Here, the Project involves the demolition of existing structures and the construction of a single-family dwelling with an attached two-car garage with new vehicular access, elevated decks, grading, retaining walls, pool, spa, pedestrian entry feature, and landscaping. Furthermore, the project is an allowed residential use in the R-1 zone. No evidence demonstrates a reasonable possibility that the project will have a significant effect on the environment due to unusual circumstances.
Further, none of the exceptions outlined in CEQA Guidelines section 15300.2 apply. The project site does not contain any environmentally sensitive areas except for being an oceanfront property. 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 as it is proposed less than eight feet above the curb along Coast Highway which is 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.
RECOMMENDATION:
Conduct a public hearing and by motion adopt Resolution 26-0024 (Attachment 1) approving Design Review 26-0024, Coastal Development Permit 26-0025, and Variance 26-0026 located at 31985 and 31987 Coast Highway and finding said action exempt from CEQA pursuant to Section 15303.
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 on February 4, 2026. In addition, a public hearing notice has been posted on the project site at least 10 days in advance of the hearing date on February 7, 2026. Further, a public hearing notice has been published in a newspaper of general circulation at least 10 days in advance of the public hearing on February 13, 2026.
PUBLIC CORRESPONDENCE:
Neighboring property owners residing at 31988 10th Avenue submitted written correspondence expressing concerns regarding the proposed development’s size, height, and massing, and its potential to impact public and private ocean views, privacy, and neighborhood character. The correspondence also raised concerns 161
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related to setbacks, proximity to adjacent properties, and potential construction-related impact. The property owner residing at 32039 Virginia Way has expressed concerns due to white-water ocean view impacts relating to the project size, scale, height, surrounding environment and neighborhood character (Attachment 13).
ATTACHMENT(S):
Attachment 1 - Resolution DR 2026-0025
Attachment 2 - Plans
Attachment 3 - Certified Staking Plan
Attachment 4 - Colored Elevations
Attachment 5 - 3D Renderings
Attachment 6 - Color and Material Selections
Attachment 7 - Coastal Hazards Analysis
Attachment 8 - Geotechnical Report
Attachment 9 - Geotechnical & Coastal Hazards Analysis Peer Review Attachment 10 - Variance Application
Attachment 11 - Construction Monitoring Treatment Plan
Attachment 12 - Alternative Materials & Methods Report
Attachment 13 - Correspondence
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