Agenda packet, first session — Laguna Beach City Council, May 26, 2026 (part 3 of 7)

Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the proposed project is not subject to environmental review. CEQA Guidelines Section 15270 provides that CEQA does not apply to projects which a public agency rejects or disapproves. Specifically, Section 15270(a) states that CEQA “does not apply to projects which a public agency rejects or disapproves.” In addition, Public Resources Code Section 21080(b)(5) similarly provides that CEQA does not apply where a project is denied. Here, the Design Review Board adopted Resolution No. 2026-0148 denying Coastal Development Permit 2026-0148 for the proposed accessory dwelling unit at 238 Chiquita Street. Because the project has been denied, no development will occur, and there is no potential for resulting physical environmental impacts. Accordingly, the action is not subject to CEQA.

ATTACHMENTS

1. Amended Resolution 2026-0148 (Clean) (Pgs. 3-74)

2. Amended Resolution 2026-0148 (Redline) (Pgs. 75-146) Submitted By: Patrick Donegan Approved: .David A Kiff
Patrick Donegan, Assistant City
Attorney
Dave Kiff, City Manager
Report Prepared By: Coordinated With:

Patrick Donegan, Assistant City Attorney
2 of 478
RESOLUTION NO. 26.XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LAGUNA BEACH, CALIFORNIA, DENYING THE APPEAL
AND SUSTAINING THE DESIGN REVIEW BOARD’S DENIAL
OF COASTAL DEVELOPMENT PERMIT 2026-0148 FOR A
DETACHED ACCESSORY DWELLING UNIT IN THE R-2,

RESIDENTIAL MEDIUM DENSITY ZONE, AND

DETERMINING THAT THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT DOES NOT APPLY TO PROJECTS THAT ARE

DISAPPROVED
WHEREAS, Jonathan Lukoff (“Applicant”), for 238 Chiquita Street (the “Property”) applied for Coastal Development Permit (“CDP”) 2026-0148 for a detached accessory dwelling unit (“ADU”) with excess building site coverage (the “Project”); and WHEREAS, on February 23, 2026, the Heritage Committee (“Committee”) held a public meeting to consider the Project and provide a recommendation to the Design Review Board (“Board”). Following discussion, the Committee voted 5-0 to recommend that the Board deny the Project based on incompatibility with the Secretary of the Interior’s Standards for the Treatment of Historic Properties (“SOIS”) and a conflict with Section 3b of the Applicant’s Mills Act contract with the City; and
WHEREAS, on February 26, 2026, the Board held a duly noticed public hearing to consider the Project. During the hearing, the Board evaluated the proposed design and received public testimony, which focused primarily on view impacts, neighborhood compatibility, and SOIS compliance. Following discussion, the Board voted 4-0 (Bauta absent) to direct staff to revise the draft resolution presented with the staff report to reflect the additional reasons stated by the Board in support of the Project denial, and continued the public hearing to March 12, 2026; and WHEREAS, on March 12, 2026, the Board reviewed the revised Resolution to deny Coastal Development Permit 2026-0148. After considering all evidence and public testimony, the Attachment 1
3 3 of 478
-2- Reso. #26.XXX
Board found that the draft resolution attached to the staff report accurately and completely incorporated the Board’s direction from the prior hearing and voted 3-0 (Bauta abstaining and Coveny absent) to adopt Resolution No. 2026-0148 to deny the Project (the “Board Denial”); and WHEREAS, on March 18, 2026, Edwin Keseil (the “Appellant”), the attorney representing the Applicant, filed a notice of appeal of the Board Approval (the “Appeal”). The Appellant contends that the Board denied the project on erroneous factual findings, citing eight contentions; and
WHEREAS, LBMC Section 25.05.070 requires certain forms of public notice for an appeal. Public notice was duly provided to consider the Appeal of the Project at the May 13, 2026 City Council meeting in accordance with LBMC Section 25.05.065; and WHEREAS, on May 13, 2026, the City Council held a duly noticed public hearing to consider the Appeal and carefully considered the oral and documentary evidence and arguments presented; and
WHEREAS, at the May 13, 2026 City Council meeting, the City Council, by a 5-0 vote, directed staff to bring back this resolution denying the appeal and sustaining the Design Review Board’s denial of Coastal Development Permit 2026-0148 for the reasons discussed, deliberated, and voted upon during the May 13, 2026, hearing. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH DOES RESOLVE:

SECTION 1. The recitals set forth above are true and correct and are incorporated into this Resolution by this reference.

SECTION 2. The City Council hereby makes the following findings in response to grounds for appeal stated in Appellants’ notice of Appeal:
4 4 of 478
-3- Reso. #26.XXX

1. “Neighborhood Compatibility Finding: The factual findings of the resolution regarding the neighborhood compatibility finding are flawed because they are woefully incomplete.

The compatibility finding states, “Here, many of the homes along Chiquita are single-story structures (including 248 Chiquita St. directly to the north and 239 Chiquita St., directly across the street) or appear as a single-story from the street. A two-story ADU in front of a two-story home would not maintain this neighborhood development pattern.” This conclusory analysis fails to note that there are two-story homes and two-story ADUs within the Hillcrest neighborhood. Additionally, from review of GIS map, which was shown by City staff during the hearing, there appear to be many other R-2 zoned lots in the vicinity developed with multiple units. This property is near 1673 Louise Street, where the City approved a second-story ADU. For the 1673 Louise Street approval, which is in the same Hillcrest neighborhood, the City made that a finding for a second-story ADU was met because the surrounding areas “consist of both one-story and two-story homes” (CDP 25- 0036). Additionally, as was presented to the Design Review Board, there is a mix of oneand two-story homes in the Hillcrest neighborhood of North Laguna, including apartment buildings with up to four units, which is evident during any site visit. Finally, the City’s consultant report provided by HRG concluded that “the proposed ADU will be a compatible design and differentiated from the existing residence, that it will not impact the setting of the neighborhood because it will retain the required setback, and that it will be a stand-alone structure and not physically impact the existing residence” (emphasis added). The DRB chose to ignore the findings of the City’s own consultant that did not suit the City’s findings, demonstrating an unreasonable decision and abuse of discretion. 5 5 of 478
-4- Reso. #26.XXX
City Council’s Response
The Appellant asserts that the Board’s neighborhood compatibility finding is incomplete because the broader Hillcrest neighborhood includes a mix of one- and two-story homes, some multi-unit development, and at least one recently approved second-story ADU. The Appellant further contends that the Board disregarded a statement in the HRG analysis indicating that the proposed ADU would be a compatible design that would not impact the setting of the neighborhood. However, these recommendations and overall topic were addressed head on and discussed in substance by the Board during its deliberations.

The Board found that the Project did not comply with CDP Review Criteria No. 6 (LBMC Section 25.07.012(F)(6)), which requires that development “will be visually compatible with the character of surrounding areas, and where feasible, will restore and enhance visual quality in visually degraded areas,” as follows (from Board-adopted Resolution No. 2026-0148):
“Here, many of the homes along Chiquita are single-story structures (including 248 Chiquita St. directly to the north and 239 Chiquita St., directly across the street) or appear as a single-story from the street. A two-story ADU in front of a two-story home would not maintain this neighborhood development pattern.

Due to the historic home’s placement on the City’s Historic Register, the home itself is also considered a coastal resource. The City’s historic consultant has determined in the HRG Report and Supplemental HRG Report that the size of the ADU and its placement on the site would cause it to block views of the historic home. The Project does not preserve the historic integrity of the existing single-family residence. HRG reviewed the Project and determined it did not comply with the Secretary of Interior Standards 6 6 of 478
-5- Reso. #26.XXX
‘because there is not enough room on the property to accommodate the ADU as designed without impairing the view of the historic resource and negatively impacting the spatial relationship that characterizes the property.’”
The record does not support the conclusion that the Board’s neighborhood compatibility finding is erroneous or unsupported. The issue before the Board was not whether two-story structures exist somewhere within the broader Hillcrest neighborhood, nor whether other R-2 properties in North Laguna contain multiple units. Rather, the required inquiry under Coastal Development Permit Criterion 6 was whether the proposed development, as designed and sited on this specific property, would be visually compatible with the character of the surrounding area.

That is a site-specific determination that turns on the relationship of the proposed ADU to the existing historic residence, the street frontage, and the immediately surrounding development pattern.

Here, the Board reasonably focused on the relevant portion of Chiquita Street and the immediate context of the subject Property. The record reflects that the existing historic residence is set well back from the street and that the front portion of the lot has historically remained open, without structures. The proposed Project would place a new, two-story structure between the street and the historic residence, approximately 3 feet from the front porch and approximately 9 feet 8 inches from the front façade of the existing home. As analyzed in the staff report and discussed during the public hearing, the proposed ADU would span approximately 31 feet in width, exceeding the width of the primary façade of the historic residence, and would obscure a substantial portion of the residence when viewed from the public right-of-way. In that respect, the Board’s finding was not based simply on the fact that the ADU is two stories tall; it was based 7 7 of 478
-6- Reso. #26.XXX
on the combined effect of the ADU’s height, width, massing, and sitting in front of a designated historic residence on a lot with an established open front setback pattern.

The Appellant’s reference to other two-story homes, apartment buildings, and second-story ADUs in the Hillcrest neighborhood does not establish that the Board’s finding was incomplete.

A neighborhood may contain a range of development types while still supporting a finding that a particular Project is visually incompatible in its specific context. The presence of other two-story development in the broader area does not compel a conclusion that any new two-story structure is compatible regardless of siting, relationship to the street, or effect on a historic resource. The Board was entitled to distinguish between development located elsewhere in the neighborhood and the proposed placement of a new detached two-story ADU in front of the subject property’s historic residence and its relation to the surrounding areas. Addressing this finding is not a matter of simply searching neighborhood-wide for other properties that may have second-story ADUs; instead a site-specific analysis based on the whole of the record is more appropriate Similarly, the Appellant’s reliance on the City’s approval of another ADU at 1673 Louise Street is unpersuasive. That approval involved a different property, different lot conditions, different surrounding context, and a different project design. Land use determinations are inherently parcel-specific. The fact that the City was able to make compatibility findings for a second-story ADU on another site does not establish that the same finding must be made here.

The Board was required to evaluate this Project based on the actual conditions at 238 Chiquita Street, including its Mills Act status, the location of the historic residence, the historic open front yard condition, and the visual relationship of the proposed ADU to the surrounding portion of Chiquita Street.
8 8 of 478
-7- Reso. #26.XXX
The Appellant’s argument also overstates the significance of one statement in the HRG analysis. HRG’s review was directed primarily to compliance with the SOIS and the effect of the proposed ADU on the historic resource. Even if one sentence in the report suggests that the ADU would be differentiated from the existing residence or would not physically attach to it, the report as a whole does not support the Appellant’s position. To the contrary, HRG’s ultimate conclusion was that the Project does not comply with the applicable standards because there is not enough room on the property to accommodate the ADU as designed without impairing the view of the historic resource and negatively affecting the spatial relationship that characterizes the property.

The Board was entitled to read the consultant’s analysis as a whole and rely on its ultimate conclusions rather than isolate a single statement divorced from the report’s overall findings.

The record also supports the Board’s determination that the Project would not maintain neighborhood development patterns. As set forth in both the staff report and Resolution No. 2026- 9 9 of 478
-8- Reso. #26.XXX
0148, the proposed Project would exceed maximum allowable building site coverage, and the Municipal Code allows modification of that standard only where necessary to preserve views or maintain neighborhood development patterns. The Board found that the Project does neither.

Thus, the neighborhood compatibility issue was not only relevant to CDP Review Criterion 6, but also directly related to the separate finding required to justify excess building site coverage. The Board’s conclusions on these points are internally consistent and supported by the same body of evidence. Additionally, while the Applicant refused to stake the Project, the Board’s findings are clearly supported by the Project plans, which depict a detached ADU at the front yard setback with a vertical, two-story appearance and a general lack of modulation of the building mass, with both the first and second floors stacked near the setback line along Chiquita Street.

The Appellant characterizes the Board’s finding as “woefully incomplete,” but the record demonstrates the opposite. The issue of neighborhood compatibility was the subject of staff analysis, public testimony, expert input, and Board deliberation. Nearby property owners raised concerns regarding the Project’s scale, massing, and effect on the streetscape. The HRG representative testified that the proposed placement would negatively affect the relationship of the property to the street and surrounding neighborhood. The Heritage Committee recommended denial, in part based on mass, scale, and neighborhood compatibility. The Board then discussed the visual character of the area and concluded that the proposed ADU would not be compatible with the surrounding development pattern. That is precisely the type of evidence-based, discretionary determination the Board is charged with making.

Finally, there are seventy-two (72) historic properties in the general North Laguna area.

Out of these seventy-two (72) properties, there are zero (0) with an ADU constructed in front of 10 10 of 478
-9- Reso. #26.XXX
the historic resource. Thus, this Applicant’s proposed project would have been the first and only time that a historic structure in North Laguna had an ADU constructed in front of the historic structure – blocking he historic resource. During the public hearing at the May 13, 2026, meeting, the Applicant reiterated his position that relocating the ADU to a location on the Property that may be more in line with neighborhood compatibility and in a location that does not block the historic resource was not acceptable to him. Citing a desire for an ocean view, the Applicant explained that the only location and design he would agree to was a two-story ADU in the front yard area of the Property that ensured oceans views from the ADU. Thus, the City Council’s offer to allow the Applicant to re-locate and re-design the ADU was rejected by the Applicant.

Accordingly, the City Council finds that the Design Review Board did not ignore relevant evidence, misstate the neighborhood context, or abuse its discretion in making the neighborhood compatibility finding. Rather, the Board evaluated the Project in its actual physical and historic setting and reasonably concluded, based on substantial evidence in the record, that the proposed ADU would not be visually compatible with the character of the surrounding area and would not maintain neighborhood development patterns.

2. “Misplaced Reliance on Erroneous City-Procured Consultant Report: It is clear that the DRB based its findings on errors contained in the City-procured HRG consultant reports.

The earlier 2023 Sapphos report found that a two-story ADU project was consistent with Secretary of the Interior Standards for historic preservation. That report analyzed a larger structure than what was considered by the DRB. A core factual inconsistency between the reports, leading to the divergent conclusions, is that the Sapphos report states that the significant characteristics of the home are the upper story windows and cross-gabled 11 11 of 478
-10- Reso. #26.XXX
roof… Mr. Lukoff’s belief is that the historically significant features of the property as he understood it were the upper story windows and cross-gable roof. This is consistent with Sapphos’ opinion. Mr. Lukoff’s position is also grounded in a 2013 historical report for the property, contained in City records, that the City of Laguna Beach relied on for a prior addition to Mr. Lukoff’s property. The GPA report found that on the front façade of the property, the pergola, first floor window, porch, and main entry door “are non-character defining.” On the other hand, the City’s consultant incorrectly asserts that Mr. Lukoff’s entire front façade is historical, including the 1960s or later modifications made to the front entry. As Mr. Lukoff stated at the DRB hearing, during prior discussions of Mills Act rehabilitation projects, the City had asked Mr. Lukoff to modify front entry door, first-floor picture window, porch, and pergola to make them more historically compatible. This provides further evidence of the City’s understanding that these are not historically significant features. Starting from a faulty understanding of the historically significant characteristics of the property leads to faulty analysis and conclusions regarding potential compliance with Secretary of Interior Standards. The through line for the historic reports is that the significant features of the property are the upper story windows and cross-gable roof. Mr. Lukoff’s design preserves way more than 50% of the views of these significant features, meeting the Secretary of the Interior Standards. Also, in terms of discussing Mills Act requirements, it is important to consider the contract terms as they were at the time the contract was commenced and not 17 years later. See, e.g., King v. Dep’t of Navy, 130 F.3d 1031, 1033 (Fed. Cir, 1997). This includes Mr. Lukoff’s obligations regarding preservation of the significant features of the historic residence. Extrinsic evidence is available to aid 12 12 of 478
-11- Reso. #26.XXX
in contract interpretation when contract terms may be ambiguous. See, e.g., Beta Sys. v.

U.S., 838 F.2d 1179, 1183 (Fed. Cir. 1988). In that vein, the 2013 GPA report, finding that the “[t]he extant pergola, front first floor window, porch, and main entry door are noncharacter defining” is more contemporaneous to the Mills Act transaction than the Cityprocured 2023 HRG report, and the 2013 GPA report is thus more reliable for interpretation of the Mills Act contract. From a factual standpoint, the DRB’s decision rests on erroneous analysis from HRG and ignores precedent from the 2013 report available in City records and dismissing the Sapphos report, which found that a (larger) two-story ADU project was consistent with the Secretary of the Interior Standards for historic preservation.”
City Council’s Response
The Appellant asserts that the Board improperly relied on the HRG reports, which allegedly contain factual errors and are inconsistent with prior historic analyses, including the 2013 GPA report and the 2023 Sapphos report. The Appellant further contends that HRG incorrectly identified the historically significant features of the residence and that this alleged error undermines the Board’s findings regarding compliance with the SOIS and the Mills Act contract.

The Mills Act, which is a State statutory program, creates, among other things, a quid pro quo between the property owner and the City. In exchange for a significant reduction in property taxes (which functions as a taxpayer subsidy due to the relevant government taxing entities foregoing what would otherwise be property tax revenue from the Property), the Property Owner must comply with explicit provisions in the Mills Act contract related to protecting and preserving the historic resource. In pertinent, the Mills Act contract (Section 3) requires the following:
13 13 of 478
-12- Reso. #26.XXX
“A. Owners shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character-defining features, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City.

B. All changes shall comply with applicable City regulations and guidelines, the United States Secretary of the Interior Standards and Guidelines for Historic Preservation Projects and shall be subject to the approval of the Community Development Director and attached to this agreement. Specific requirements for structural rehabilitation and maintenance are attached to this agreement as Exhibit A. . .

D. The following are prohibited: Demolition of the house or garage; exterior alterations or additions not in keeping with the standards listed above; dilapidated, deteriorating or unrepaired structures such as fences, roofs, doors, walls and windows; storage of scrap lumber, junk, trash, debris, discarded or unused objects such as cars, appliances or furniture; stagnant water and unfilled excavations; any other device, decoration or structure which is unsightly by reason of its height, condition or inappropriate location.”
(emphasis added)
These provisions make clear that the entirety of the structure (windows, doors, mass, porch) is subject to protection – not just certain portion as argued by the Appellant. Further, protecting the view of this historic resource is also explicitly enshrined in the Mills Act contract via the prohibition against fences, trash, debris, unused cars or other structure that is unsightly. Part of the 14 14 of 478
-13- Reso. #26.XXX
contractual agreement between the City and the Appellant (once again in exchange for a substantive reduction in property tax) is to ensure the aesthetic and view of the historic property.

Constructing a two-story ADU directly in front of the historic resource would not be consistent with the above provisions.

The Board found that the Project did not comply with the following applicable provisions of the Certified LCP and the Historic Resources Element.

General Plan Land Use Element Policy 2.2 - Encourage the preservation of historically significant residential structures and protect the character-defining components of Laguna Beach’s traditional neighborhoods.

Here, the Project does not preserve the historic integrity of the existing singlefamily residence. The property owner has received a significant incentive in the form of a reduced property tax rate as a result of their participation in the Mills Act program. A condition of this incentive is compliance with the Secretary of Interior Standards. HRG reviewed the Project and determined it did not comply with the SOIS “because there is not enough room on the property to accommodate the ADU as designed without impairing the view of the historic resource and negatively impacting the spatial relationship that characterizes the property.”
General Plan Historic Resources Element - Goal #1: Preserve and enhance buildings and structures of historic significance in Laguna Beach. Assure that neighborhoods which have a preponderance of older homes and which greatly contribute to the village atmosphere be maintained as cohesive neighborhood units through consistency of size, scale and character.
15 15 of 478
-14- Reso. #26.XXX
Here, the Project does not preserve the historic integrity of the existing singlefamily residence. The property owner has received a significant incentive in the form of a reduced property tax rate as a result of their participation in the Mills Act program. A condition of this incentive is compliance with the Secretary of Interior Standards. HRG reviewed the Project and determined it did not comply with the SOIS “because there is not enough room on the property to accommodate the ADU as designed without impairing the view of the historic resource and negatively impacting the spatial relationship that characterizes the property.”
Open Space and Conservation Element Policy 12-C: Development adjacent to a place, structure or feature found to be of historical significance shall be designed so that the uses permitted and the architectural design will protect the visual setting of the historical site.

Here, the proposed ADU would not protect the visual setting of the historical site in that it would be placed in front of the existing residence, altering the spatial relationship that characterizes the property. The existing residence was constructed at the rear of the parcel and has approximately a 50-foot setback from the street. Placing the ADU within the setback will remove a space that has been historically open since the residence was constructed in 1925. In addition, because the ADU will be located 10 feet from the existing residence it will obscure a majority of the view of the residence from the street.

LBMC Chapter 25.45.010 Procedures for alteration of a historic resource: “Prior to the issuance of a building permit to remodel or alter any historic resource, City staff shall review the proposed changes to determine if the proposal is consistent with the design 16 16 of 478
-15- Reso. #26.XXX
review criteria, the Secretary of the Interior’s Standards (SOIS) or the City’s Local Design Guidelines.”
Here, HRG evaluated the Project and determined in the HRG Report and Supplemental HRG Report the proposed Project did not comply with the Secretary of Interior Standards.”
The record does not support the conclusion that the Board’s reliance on the HRG reports was misplaced or erroneous. To the contrary, the Board considered multiple historic evaluations, including the Sapphos report, the HRG peer review, and HRG’s updated memorandum, and exercised its discretion in weighing those materials alongside the applicable regulatory framework.

First, the existence of differing professional opinions between qualified historic consultants does not render one report “erroneous” or invalidate the Board’s reliance on one analysis over another. It is not uncommon in historic preservation matters for consultants to reach different conclusions regarding the application of the SOIS, particularly where the analysis involves qualitative considerations such as spatial relationships, setting, and visibility of a historic resource.

The Board, as the decision-making body, is charged with evaluating conflicting evidence and determining which analysis is more persuasive based on the entirety of the record – not disregarding one report in favor of the other. Here, this is exactly what the Board did. After careful deliberations it reasonably found HRG’s analysis to be more consistent with the applicable standards and the specific conditions of the site.

Second, the Appellant’s argument improperly narrows the scope of historic analysis to a limited set of individual architectural features, such as upper-story windows and the cross-gabled roof, while minimizing the importance of broader contextual and spatial characteristics that are 17 17 of 478
-16- Reso. #26.XXX
expressly protected under the SOIS. The Secretary of the Interior’s Standards do not limit preservation to isolated architectural elements; rather, they require that new construction be compatible with the historic property’s setting, massing, scale, and spatial relationships. Standard 2 requires that the historic character of a property be retained and preserved, including the property’s distinctive materials, features, spaces, and spatial relationships. Standard 9 further requires that new additions and adjacent construction not destroy historic materials or alter spatial relationships that characterize the property.

HRG’s analysis addressed these broader considerations, concluding that the proposed ADU’s location in front of the historic residence, in close proximity to the primary façade, would impair the spatial relationship between the residence and the street and obscure the historic resource from the public right-of-way. These conclusions are independent of whether certain individual elements of the front façade may have been modified in the mid-20th century. Even assuming, as the Appellant argues, that certain features such as the porch or entry elements are not character-defining, the overall spatial configuration of the residence—set back from the street with an open front yard—is itself a defining characteristic of the property. The Board was entitled to rely on HRG’s conclusion that this spatial relationship would be materially altered by the proposed ADU.

Third, the Appellant’s reliance on the 2013 GPA report is misplaced. That report was prepared in connection with a prior project involving alterations to the existing residence and addressed a different scope of work. While it may have identified certain elements of the front façade as non-character-defining for purposes of that project, it does not follow that the entire front yard area or the visual relationship between the residence and the street is non-historic or may be 18 18 of 478
-17- Reso. #26.XXX
disregarded in evaluating new construction. Historic resource analysis is context-specific, and the question before the Board was not whether individual façade elements are historic, but whether the placement of a new structure would adversely affect the integrity of the historic resource as a whole.

Similarly, the Sapphos report evaluated an earlier iteration of the project and reached a different conclusion regarding SOIS compliance. However, as noted in the staff report and confirmed by HRG’s peer review and updated memorandum, the proposed design before the Board differs in siting and configuration, and HRG concluded that the current proposal does not comply with Standards 2, 4, and 9. The Board was not required to adopt the conclusions of the Sapphos report, particularly where another qualified consultant provided a reasoned analysis reaching the opposite conclusion. The Board’s role is to weigh the evidence, not to defer to a single consultant selected by the Applicant.

Fourth, the Appellant’s argument that the Project preserves “more than 50%” of views of certain features does not establish compliance with the SOIS. The SOIS do not establish a quantitative threshold for visibility, nor do they permit partial obstruction of a historic resource based on a percentage calculation. The relevant inquiry is whether the proposed new construction would impair the ability to perceive and understand the historic resource and its relationship to its setting. Substantial evidence in the record, including the HRG reports, staff analysis, and Board observations, supports the conclusion that the proposed ADU would obscure a majority of the primary elevation of the residence and materially alter its spatial relationship to the street. The Board did not find that maintaining a view of the residence’s roofline and a portion of its second floor met the applicable criteria under SOIS. The Board found that the Project substantially 19 19 of 478
-18- Reso. #26.XXX
impaired the view of the primary façade of the historic resource.

Fifth, with respect to the Mills Act, the Appellant asserts that the contract should be interpreted based on the understanding of significant features at the time of execution in 2009.

However, the Mills Act contract requires the continued preservation and maintenance of the historic resource in accordance with applicable standards, including the SOIS, which are applied at the time of review of proposed alterations. The contract does not freeze the scope of review to a prior consultant’s interpretation, nor does it limit the City’s ability to evaluate new construction adjacent to the resource under current preservation standards or a Project-specific review by a qualified architectural historian. The Board appropriately considered the Mills Act obligations in conjunction with the SOIS and the City’s historic preservation policies and standards.

Finally, the administrative record demonstrates that the Board did not ignore the Sapphos report or other prior analyses. Rather, those materials were included in the agenda packet, acknowledged by staff, and considered as part of the overall evidentiary record. The Board ultimately found HRG’s conclusions more persuasive, particularly with respect to the impact of the proposed ADU on the spatial relationship and visibility of the historic residence. This constitutes a permissible exercise of discretion and does not amount to an abuse of discretion.

Accordingly, the City Council finds that the Board’s reliance on the HRG reports was appropriate and supported by substantial evidence. The presence of differing consultant opinions does not invalidate the Board’s findings, and the record supports the conclusion that the proposed Project does not comply with the SOIS or the requirements applicable to a designated historic resource under the Mills Act and the City’s Local Coastal Program. 20 20 of 478
-19- Reso. #26.XXX

3. “Application Deemed Complete by Operation of Law: We recognize that when the DRB made its decision, it stated that it was treating the application as if it was complete under the Permit Streamlining Act. However, to the extent that the DRB made its decision based on an allegedly “incomplete” application as stated in the staff report, Mr. Lukoff disputes the City Staff’s assertion that the application is “incomplete” and asserts that his application is deemed complete by operation of law under the Permit Streamlining Act.

Pursuant to Gov. Code § 65943, for a government agency to deem a development application incomplete, the list of incomplete items “shall be limited to those items actually required on the lead agency’s submittal requirement checklist.” When Mr. Lukoff’s architect submitted the application on November 8, 2024, it is Mr. Lukoff’s position that the City did not request a certified staking plan in its checklist for the application, which is why Mr. Lukoff has not provided staking for the project. In the November 2024 timeframe, staking plans were not a City-mandated ADU application requirement but is instead a more recent demand. Previously, the approach was that only projects requiring Design Review needed a certified staking plan. Additionally, the City was holding Mr.

Lukoff’s application as “incomplete” to extort peer review fees for consultant reports that had been obtained prior to the submission of the application to conduct a regulatory taking.

In order to more fully develop this argument, we are awaiting the results of Public Records Act requests 2026-0149 and 2026-0150. Indeed, with regards to Mr. Lukoff’s ADU application, there was constant turnover of staff assigned to the project, each of whom made different demands, to which Mr. Lukoff responded by submitting revised plans for a smaller structure. City Staff consistently moved the goalposts and made demands that are 21 21 of 478
-20- Reso. #26.XXX
not permitted under Gov. Code § 65943, which applies to ministerially handled projects.

The City’s processing of Mr. Lukoff’s ADU application for a hearing of the Design Review Board also shows an indication that the City indeed treated Mr. Lukoff’s application as complete; otherwise, the City would have simply refused to process it. Based on these factual errors in the Resolution and underlying analysis for the DRB’s decision, the DRB resolution to deny Mr. Lukoff’s project application is unreasonable, invalid, and constitutes an abuse of discretion.”
City Council’s Response
The Appellant asserts that the application was deemed complete by operation of law under the Permit Streamlining Act (“PSA”) and that the City improperly characterized the application as incomplete by requesting materials not included in the submittal checklist. The Appellant further contends that the City “moved the goalposts,” improperly required additional materials such as staking plans, and used the incompleteness determination to delay processing and impose additional consultant review.

The record does not support these assertions, and, more importantly, the issue of application completeness was not the basis for the Board’s denial of the Project.

As a threshold matter, the Board expressly clarified on the record that it was evaluating the Project on the merits and not relying on application completeness as a basis for its decision. As stated during the February 26, 2026 hearing, the City maintained its position regarding completeness (or rather, the application’s incompleteness); however, in light of the Applicant’s insistence that the City approve his application without any further changes, staff elected to bring the Project forward for a public hearing to ensure that the application was reviewed substantively. 22 22 of 478
-21- Reso. #26.XXX
The Board confirmed that it would “evaluate this project as if the application was complete,” and the denial was based entirely on the Project’s failure to meet required findings under the CDP criteria, the LCP, building site coverage provisions, and the SOIS. Accordingly, even if there were a dispute regarding completeness under the PSA, it would not affect the validity of the Board’s decision, which rests on independent substantive grounds.

With respect to the Permit Streamlining Act, Government Code Section 65943 requires that a local agency identify incomplete items based on its submittal requirements. The City maintains established application requirements for Coastal Development Permits and projects involving historic resources, which may include technical materials necessary to evaluate visual impacts, site conditions, and compliance with applicable standards. The Appellant’s assertion that certain materials were not historically required or were newly requested does not establish a violation of the PSA, particularly where the Project involves a combination of factors—coastal permitting, historic resource considerations, and site-specific visual impacts—that necessitate adequate documentation for proper review.

Additionally, the Appellant’s characterization of the City’s request for additional information as improper or coercive is not supported by the record. The City’s use of peer review consultants, including HRG, is a standard and widely accepted practice for projects involving historic resources, and is also the City’s standard practice. Such review ensures that the City has sufficient technical expertise to evaluate compliance with preservation standards and does not constitute an improper or unlawful requirement. Indeed, the City does not have a qualified architectural historian on staff.1 The Appellant voluntarily proceeded with the application knowing 1 The City does not have staff that meet the Secretary of the Interior’s Professional Qualification Standards as defined 23 23 of 478
-22- Reso. #26.XXX
that the Project would be subject to review under the LCP and the City’s historic preservation regulations.

The Appellant also suggests that staff turnover and evolving feedback resulted in inconsistent or shifting requirements. While staff assignments may change over the course of a multi-year application, the underlying regulatory framework did not change. The Project remained subject to the same applicable standards, including CDP findings, building site coverage limitations, and the requirements associated with a Mills Act-designated historic resource. The submission of revised plans in response to staff feedback is a typical part of the development review process and does not indicate that the City imposed unlawful or inconsistent requirements.

The ADU design that was submitted November 8, 2024 was reviewed by a previous planner, who issued comments on December 6, 2024. A staking plan was also requested during this review, in that case due to the design’s inclusion of an elevated deck. Decks elevated more than three feet above the adjacent grade require design review, whether they are associated with primary dwellings or ADUs.

The Applicant has dealt with the same planner and same set of applicable zoning regulations since the last major design change proposed by the Applicant on July 2, 2025.2 The
current planner deemed this design’s application incomplete and indicated that a staking plan was in 36 CFR, Part 61. As such, the City regularly retains qualified architectural historians to perform historic assessments. In those cases where an applicant commissions the preparation of a historic assessment, it is not solely City staff that reviews and verifies the information. For the same reason as above, the City will retain a qualified architectural historian to peer review the information and make a professional recommendation to City staff and ultimately, to the decision-making authority. This process is no different than for other technical disciplines, including but not limited to biology, hydrology, traffic engineering, and geotechnical. 2 On July 2, 2025, new plans were submitted by the Applicant’s new designer for the Project, Bill Dickey. This iteration of the project was a significant departure from the prior design, with changes including the removal of the elevated deck from the scope and the addition of a replacement carport. 24 24 of 478
-23- Reso. #26.XXX
required on August 1, 2025. When the Applicant resubmitted, a staking plan was not provided, and as such, the City was unable to deem the application complete. In this case, a staking plan was requested due to the proposed excess building site coverage and the potential for public coastal view impacts.

Finally, the Appellant’s argument that the City’s decision to process the application through a Board hearing demonstrates that the application must have been complete is incorrect.

The City explicitly stated that it was proceeding with a merits-based review to avoid potential procedural complications related to statutory timelines, not because it had conceded completeness.

Processing an application for public hearing under these circumstances does not waive the City’s position regarding completeness nor does it establish a violation of the PSA.

In sum, the Board did not deny the Project on the basis of an incomplete application. The Board considered the Project as if complete and denied it based on its failure to satisfy required findings under applicable law. Because the Applicant was unwilling to address the outstanding staff corrections or abandon the Project, it was appropriate for City staff to schedule the Project for a public hearing to evaluate the Application and reach a decision on the entitlements required by the Project. Therefore, any dispute regarding application completeness under the Permit Streamlining Act does not undermine the validity of the Board’s decision and does not constitute an abuse of discretion.

4. “Failure to Apply Significance Standard for Potential Public View Impacts: There is no adverse impact to coastal resources by Mr. Lukoff’s proposed project. First, the level of impact to find a significant adverse effect is not met. Second, the DRB’s analysis and Resolution 2026-0148 erroneously conflates a historic property with coastal resources. 25 25 of 478
-24- Reso. #26.XXX
Regarding the standard of adverse effect, both case law and recent Coastal Commission appeals, applied a significance standard. For adverse impact to apply, there must be significant impact to coastal resources. Pub. Res. Code § 30250(a); LT-WR v. California Coastal Commission (2007), 152 Cal.App.4th 770, 797-99 (evaluating adverse impacts according to a significance standard). See, e.g., Appeal No. A-6-PEN-23-0053 (not significant adverse impact when project blocked “fleeting” views from public roadway); Appeal No. A-6-DMR-22-0034 (found that an obstructed view from a certain point does not constitute substantial view impact because the view is unobstructed once the individual moves along); City of Laguna Beach Coastal Development Permit 2025-0036 (finding lack of significant adverse effect when one can walk five yards away and see the protected ridgeline). In the case of the proposed action, while there would be minor view blockage of a peripheral view if a person is standing in a particular spot on Chiquita Street, there would be no view blockage a few steps further up the street. Also, Chiquita Street is a residential street and not an arterial road or one of the protected main view corridors of Coast Highway or Laguna Canyon Road under the City’s Open Space and Conservation Element of the LCP. There is no stoplight at the intersection of Chiquita Street on Coast Highway. Members of the public are not likely to be using Chiquita Street except for visiting the homes on this street. Also, the primary view from the public street is down Chiquita Street, which opens onto Crescent Bay, and not across Mr. Lukoff’s property.

Taking the DRB’s decision, that Mr. Lukoff’s proposed ADU creates an adverse effect because of slight public view curtailment, would preclude most development in Laguna Beach, making it impossible for the City to meet its housing obligations under the Housing 26 26 of 478
-25- Reso. #26.XXX
Accountability Act and Housing Element. If Mr. Lukoff’s project were ineligible for a CDP based on public view impacts, it would be difficult in many ways to allow development in this City at all. Thus, the DRB’s action is legally insufficient because it failed to apply the required analysis under the Coastal Act, which would have resulted in a different conclusion.”
City Council’s Response
The Appellant asserts that the Board failed to apply a legally required “significance” threshold in evaluating impacts to coastal scenic resources and that any potential view obstruction associated with the Project is minor, localized, and therefore insufficient to support denial of a CDP application. The Appellant further argues that applying the Board’s reasoning regarding “minor” coastal view blockage broadly would preclude most development within the City.

The Board found that the Project did not comply with CDP Review Criteria No. 3 (LBMC Section 25.07.012(F)(3)), which requires that development “will not adversely affect recreational or visitor-serving facilities or coastal scenic resources,” as follows (from Board-adopted Resolution No. 2026-0148):
“There are no recreational or visitor-serving facilities within 0.25 mile of the Project site. The Project site is in a developed residential area of the City. Therefore, the Project will not adversely affect recreational or visitor-serving facilities.

The proposed development will, however, adversely affect coastal scenic resources.

The City’s Land Use Plan has policies for visual and scenic resources. The City identifies that the principal focus concerns property situated adjacent to the major transportation systems in the City (i.e., Laguna Canyon Road and Pacific Coast Highway) since it is along 27 27 of 478
-26- Reso. #26.XXX
those roadways that a majority of residents and non-residents view the community and have visual access to scenic corridors.3
The Open Space and Conservation Element, which is part of the City’s certified LCP, defines visual resources, including coastal visual resources or “coastal scenic resources” as shoreline features or the natural appearance of the coast, and hillside visual resources as undeveloped hillside lands:

Coastal Visual Resources: With few exceptions, such as Main Beach Park, the City's 4.2 miles of shoreline is characterized by prominent headlands, pocket beaches or coves, wave-cut cliffs, and associated sea arches, caves and blow-holes. These shoreline features are largely a product of erosional forces that have shaped and formed their particular characteristics over centuries of time. Some of these features are more susceptible to erosion than others by virtue of their geologic formation and exposure to erosional elements, which contribute to and enhance the natural appearance of the coast.

Hillside Visual Resources: Nearly 30% of the City consists of undeveloped hillside lands. These lands support a great diversity of visual resources, with prominent exposure from both public and private property. Generally, these features include: (1) unique topographic forms - vertically exposed rock faces, bluffs, headlands and noticeably steep slopes; (2) unique vegetative forms, including stands of oak, sycamore and eucalyptus trees, and riparian or canyon land plant communities; (3) natural watercourses and associated canyon bottoms; (4) special land features such as prominent ridgelines, escarpments and rock outcroppings; and (S) visual edges or boundaries consisting of 3 Public Resources Code Section 30251, which is cited above, allows for greater protection of highly scenic areas. 28 28 of 478
-27- Reso. #26.XXX
contrasting features where rock outcroppings may meet with surrounding vegetation or man-made features such as roads and buildings.
(OSCE, p. 33.) The OSCE further states that “an important aspect of hillside and coastal land features is their visibility from public roadways”—supporting that the OSCE does apply to the Project. (OSCE, p. 35.) Further, the City implements the following policy in its OSCE: 7-A Preserve to the maximum extent feasible the quality of public views from hillsides and along the city’s shorelines. (OSCE, p. 35.) Here, the proposed ADU will be 16 feet in height, the maximum allowed height for detached ADUs per Laguna Beach Municipal Code Section 25.17. Due to the ADU’s proposed location and height, some ocean views from the public right-of-way are affected by the structure. While story poles have not been installed on site due to refusal of the Applicant, photos show that there will be negative impacts to the ocean and coastline from Chiquita.”
The record does not support the Appellant’s assertions. The Board properly applied the applicable CDP criteria under the City’s certified LCP, and its findings regarding adverse impacts to coastal scenic resources are supported by substantial evidence.

First, the applicable standard for CDP review is set forth in Laguna Beach Municipal Code Section 25.07.012(F)(3), which requires a finding that “[t]he proposed development will not adversely affect… coastal scenic resources.” The LCP does not require a separate or explicit “significance threshold” analysis as framed by the Appellant, nor does it limit the City’s discretion to only deny projects that result in severe or complete obstruction of views. Rather, the City is required to evaluate whether a proposed development adversely affects coastal visual resources, 29 29 of 478
-28- Reso. #26.XXX
including public views of the ocean and coastline, and to preserve those views to the maximum extent feasible pursuant to the Open Space and Conservation Element (“OSCE”).

The OSCE expressly identifies coastal visual resources as a key component of the City’s coastal environment and emphasizes the importance of visibility from public roadways. Policy 7- A directs the City to “[p]reserve to the maximum extent feasible the quality of public views from hillsides and along the city’s shorelines.” This policy does not establish a minimum threshold of “significant” impairment before protection applies; rather, it reflects a proactive obligation to protect public views where feasible. The Board’s analysis is consistent with this directive.

The Land Use Element (“LUE”) requires the City to “Encourage preservation of historically significant residential structures and protect the character-defining components of Laguna Beach’s traditional neighborhoods.” (LUE Policy 2.2.) This necessarily includes maintaining the visual setting and public visibility of such resources. Here, as reflected in Finding No. 1, HRG determined that the proposed ADU would impair views of the historic residence and negatively impact the spatial relationship that characterizes the property. These impacts directly implicate the visual character policies of the LCP.

Accordingly, the Board properly considered the visibility of the historic residence from the public right-of-way in conjunction with impacts to public ocean views. In essence, the Board highlighted the combination of the historic resource with ocean views as the coastal scenic resource. Comparing it to a piece of art in a pedestrian plaza with an ocean view backdrop, the Board discussed in depth this resource. This analysis does not expand the definition of coastal resources, but reflects a reasonable application of the LCP’s requirement to evaluate visual impacts to both natural and built elements that contribute to the coastal setting. The LUE is a component 30 30 of 478
-29- Reso. #26.XXX
of the City’s certified LCP, and pursuant to CDP Finding No. 1, the City must find that a proposed project is in conformity with all applicable provisions of the LCP in order to approve a CDP.

Second, the Board’s determination was not based on a finding of negligible or “fleeting” view obstruction. Substantial evidence in the record—including site photographs, staff analysis, and Board member observations following site visits—demonstrates that the proposed ADU, due to its height, width, and placement within the front portion of the lot, would obstruct portions of ocean views from the public right-of-way along Chiquita Street. The Board reasonably concluded that this impact constitutes an adverse effect on coastal scenic resources under the City’s LCP.

The Appellant’s argument that the impact is mitigated because views may be available from other nearby locations does not negate the Board’s finding. The preservation of public views under the Coastal Act and the LCP is not limited to protecting only the “best” or “primary” vantage points, nor does the availability of alternative views render the loss of an existing view segment inconsequential. The City is entitled to protect incremental public views along public streets, particularly in a coastal community where such views contribute cumulatively to the visual character and public experience of the shoreline.

Third, the Appellant’s characterization of Chiquita Street as an insignificant or purely residential roadway is not determinative. The OSCE makes clear that visibility from public roadways generally—not only major arterials such as Pacific Coast Highway or Laguna Canyon Road—is relevant in evaluating coastal visual resources , as it recognizes that an important aspect of coastal visual resources is their visibility from the City’s roadways.4 While those corridors may
4 OSCE, Topic 7 (Visual Resources) (“An important aspect of hillside and coastal land features is their visibility from public roadways.”).
31 31 of 478
-30- Reso. #26.XXX
be of particular importance, the LCP does not exclude residential streets from consideration.

Members of the public, including residents, visitors, and pedestrians, utilize local streets and are entitled to the benefit of coastal views available from those locations. The Board appropriately considered views from the public right-of-way along Chiquita Street as part of its analysis.

Fourth, the Appellant’s reliance on selected Coastal Commission appeal decisions and case law does not compel a different conclusion. Those decisions are fact-specific and do not establish a uniform rule that only “significant” or total obstruction of views may be considered an adverse impact. Moreover, the City’s certified LCP governs the review of CDPs within its jurisdiction, and the Board is required to apply the policies and standards of those regulations. The Board’s interpretation and application of its LCP is entitled to deference so long as it is reasonable and supported by the record, which it is here.

Finally, the Appellant’s policy argument that upholding the Board’s decision would preclude development throughout the City is not supported by the record. The Board did not adopt a categorical rule prohibiting all development that affects views. Rather, it evaluated a specific proposal on a specific site and determined that the combination of the ADU’s size, placement, and relationship to the public right-of-way and historic residence resulted in an adverse impact on coastal scenic resources that could not be mitigated or avoided. Many projects can and do proceed within the City while maintaining compliance with CDP findings by being appropriately sited and designed to minimize public view impacts.

In sum, the Board applied the correct legal standard under the City’s LCP and reasonably concluded, based on substantial evidence, that the proposed ADU would adversely affect coastal scenic resources. The Appellant has not demonstrated that the Board failed to apply the proper 32 32 of 478
-31- Reso. #26.XXX
analysis or that its findings lack evidentiary support.

5. “Misunderstanding of Coastal Resources: While Gov. Code § 66329 holds that the provisions of the Coastal Act (and processing for CDPs) applies to ADUs, the State ADU law applies on non-coastal matters such as historic resources, building setbacks, and lot coverage that are not protected by the Coastal Act. The DRB erroneously claimed “coastal resources” of items clearly outside the purview of the Coastal Act or City’s LCP in reaching its decision to deny Mr. Lukoff’s project. Resolution 2026-0148 erroneously holds that the project be denied because Mr. Lukoff’s historic home is a “coastal scenic resource.” To the contrary, under the Coastal Act and Laguna Beach’s LCP, a historic home is not a coastal scenic resource. There is no express definition provided within the LCP or Coastal Act of “coastal resource,” aside from temporary use CDPs, where coastal resources are defined within LBMC 25.07.006, as “public access opportunities, visitor and recreational facilities, water-oriented activities, marine resources, biological resources, environmentally sensitive areas, agricultural lands, and archaeological or paleontological resources.” Furthermore, the 1984 Laguna Beach Coastal Land Use Plan Technical Appendix discusses scenic or visual resources as “views from public areas such as highways, beaches, parks and vista points,” with a main focus being “property situated adjacent to the major transportation systems in the city, i.e., Laguna Canyon Road and Pacific Coast Highway, since it is along these roadways that a majority of residents and non-residents view the community and have visual access to scenic corridors.” Furthermore, neither the CDP review criteria under LBMC § 25.07.012(F) nor the CDP findings at (G) expressly mention historic properties. It is obvious that the City’s Historic 33 33 of 478
-32- Reso. #26.XXX
Resources Plan is not part of the City of Laguna Beach’s Local Coastal Plan. The DRB’s analysis in deliberation and Resolution 2026-0148 is legally erroneous because historic properties are not contemplated within the concept of a coastal scenic resource.

Furthermore, based on the DRB deliberations, the Board based its decision on the fact that Mr. Lukoff’s property is allegedly a “recreational or visitor-serving facility.” Definitions of recreational or visitor-serving facilities as well as examples are provided in the Coastal Land Use Plan Technical document, incorporated into the City’s LCP. Definitions and examples are provided below: Mr. Lukoff’s property is a private single-family home, not a recreational facility or visitor-serving facility. His private home is not used by tourist population and does not provide accommodations to the public. Mr. Lukoff has been retired for several years and does not operate a business from his home. Moreover, the public is not permitted to enter Mr. Lukoff’s property for recreational or visitor-serving purposes.

For the DRB to characterize Mr. Lukoff’s property as otherwise constitutes a physical invasion of Mr. Lukoff’s property by the City, as such a designated by the City in a public hearing actively encourages the public to enter Mr. Lukoff’s property. Interestingly, this finding made by Chair Gibbs was not included in the adopted Resolution 2026-0148 of March 12, 2026. This calls into question the consistency of the resolution with the Board’s decision and understanding of the project. The DRB’s failure to correctly understand what is or is not a coastal scenic resource is further indication that the decision of the DRB was unreasonable, invalid, and an abuse of discretion.”
City Council’s Response
The Appellant asserts that the Board misapplied the Coastal Act and the City’s LCP by 34 34 of 478
-33- Reso. #26.XXX
improperly characterizing the subject historic residence as a “coastal scenic resource” and, further, by referencing the property as a “recreational or visitor-serving facility” during deliberations. The Appellant contends that these interpretations are legally erroneous and outside the scope of coastal resource protection. The record does not support that contention.

As an initial matter and with respect to references made during deliberations regarding “recreational or visitor-serving facilities,” the adopted Resolution does not rely on such a characterization as a basis for denial. As noted by the Appellant, that discussion was not incorporated into Resolution No. 2026-0148. The Board’s formal action is reflected in the Resolution, which sets forth the operative findings and legal basis for the decision. Any statements made during deliberation that were not included in the adopted findings do not form part of the legal basis for the denial and therefore do not affect its validity. On March 12, 2026, the Board found that the draft resolution attached to the staff report accurately and completely incorporated the Board’s direction from the prior hearing and voted 3-1 (Bauta abstaining) to adopt the Resolution as presented. The Board’s discussion of public appreciation of historic resources does not equate to a formal designation of the property as a visitor-serving facility, nor does it create any right of public access to private property. The Appellant’s suggestion that such comments constitute an encouragement of trespass or a “physical invasion” is not supported by the record and mischaracterizes the nature of the Board’s remarks.

As it relates to the Board’s determinations regarding the Project’s impacts to an irrefutable historic resource,5 the Project was appropriately reviewed for consistency with the City’s certified 5 In 2009, at the Applicant’s request, the existing single-family residence on the subject Property was placed on the City’s Historic Register and the Applicant entered into a Mills Act contract with the City. 35 35 of 478
-34- Reso. #26.XXX
LCP, which requires consideration of such impacts. The City is located within the coastal zone, and development within the coastal zone must comply with the Coastal Act and the City’s certified LCP. Government Code section 66329 expressly provides that nothing in the State ADU law supersedes or lessens the effect or application of the California Coastal Act of 1976. (See Gov.

Code Section 66329 [“Nothing in [the state ADU law] shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976. . . .”].) As a result, ADU projects in the coastal zone remain subject to coastal permitting requirements. In Laguna Beach, unless a proposed ADU consists solely of the conversion of habitable area within the walls of an existing single-family dwelling, the project requires a CDP. (LBMC Section

25.07.008(A)(1)(a).) Here, the Project proposes a new detached ADU and therefore requires a CDP.

Under LBMC Section 25.07.012(G), a CDP may be approved only if the reviewing authority finds that the project conforms with all applicable provisions of the certified LCP. The City’s certified LCP is implemented through, among other things, the Zoning Code and the General Plan Land Use Element and Open Space and Conservation Element. Those LCP components include multiple policies addressing historic preservation, neighborhood character, and protection of the visual setting of historic resources. The Board properly relied on those provisions.

Specifically, the Board found that the Project did not comply with the following applicable provisions of the Certified LCP:

General Plan Land Use Element Policy 2.2 - Encourage the preservation of historically significant residential structures and protect the character-defining components 36 36 of 478
-35- Reso. #26.XXX
of Laguna Beach’s traditional neighborhoods.

LBMC Chapter 25.45.010 Procedures for alteration of a historic resource: “Prior to the issuance of a building permit to remodel or alter any historic resource, City staff shall 37 37 of 478
-36- Reso. #26.XXX
review the proposed changes to determine if the proposal is consistent with the design review criteria, the Secretary of the Interior’s Standards (SOIS) or the City’s Local Design Guidelines.”
Here, HRG evaluated the Project and determined in the HRG Report and Supplemental HRG Report the proposed Project did not comply with the Secretary of Interior Standards.

As indicated above, in order to approve or conditionally approve a CDP, certain findings must be made. (LBMC Section 25.07.012(G).) One of the findings requires that the approving authority find that “[t]he project is in conformity with all the applicable provisions of the certified local coastal program.” The Board appropriately considered the Project’s inconsistency with applicable LCP policies in its denial of the Project.

Moreover, the Coastal Commission staff has expressly found that historic resources fall 38 38 of 478
-37- Reso. #26.XXX
squarely within the coastal resource protections of the Coastal Act and the City’s LCP.6 On August 11, 2020, the City Council adopted LCP Amendment No. 17-0388 related to the City’s historic preservation program, which amended the Municipal Code, the General Plan, and the City’s Residential Design Guidelines. Amendment for these modifications was required to be certified by the Coastal Commission. On February 10, 2022, the Coastal Commission approved the LCP amendment (LCP-5-LGB-20-0051-3) with certain modifications, which were adopted by the City Council later that year. In the Coastal Commission staff report prepared for this hearing, the report makes clear that in no uncertain terms, the Coastal Act and the City’s LCP expressly address the preservation of historic resources:
“The policies cited below are the relevant policies with regard to preservation of historic resources:

The Coastal Land Use Plan Technical Appendix segment of the certified LUP expressly incorporates the following Coastal Act policies regarding historic preservation and community character:

Section 30251 states:

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 to and along the ocean and scenic coastal areas, to minimize the alteration of natural land forms, to be visually compatible with the character of surrounding areas, and, where feasible, to restore and enhance visual 6 See CCC Appeal A-5-LGB-12-091 where the Coastal Commission contemplated and affirmed the historic resource protection provisions of the City’s LCP. 39 39 of 478
-38- Reso. #26.XXX
quality in visually degraded areas. New development in highly scenic areas such as those designated in the California Coastline Preservation and Recreation Plan prepared by the Department of Parks and Recreation and by local government shall be subordinate to the character of its setting.

The Land Use Element of the certified LUP contains the following policies:

Action 1.1.13 states: Encourage preservation of historic structures and adaptive reuse of buildings.

GOAL 2: Preserve, enhance and respect the unique character and identity of Laguna's residential neighborhoods. Intent - The residential neighborhoods of Laguna Beach are diverse in housing design and are characterized by a strong neighborhood identity. Styles range from traditional to contemporary, with a majority of neighborhoods being of an eclectic mix. Pressures for development created by Laguna Beach's spectacular coastal and hillside settings and consistently high property values are perceived as creating cumulatively negative aesthetic and other impacts on these unique neighborhoods.

In response to such impacts, Goal 2 sets forth policies and actions to preserve, enhance, and respect the character and identity that make Laguna Beach a highly desirable community in which to live through actions such as 1) amending zoning ordinances, including the implementation of long-term anti-mansionization standards; 2) changing the Design Review guidelines and process; 3) encouraging the preservation of historic residences; and 4) strengthening the Landscape and Scenic Highways Resource Document.

Policy 2.2 Encourage the preservation of historically significant residential structures and protect the character-defining components of Laguna Beach's 40 40 of 478
-39- Reso. #26.XXX
traditional neighborhoods.

Action 2.2.2 Receive an annual report from the Heritage Committee regarding preservation issues related to historically significant structures and amend preservation policies and ordinances as necessary to address identified issues. (Same as Action 3.3. I.)
Action 2.2.3 Adopt incentives to preserve residential structures that contribute to the cultural and/or architectural character and heritage of the community.

GOAL 3: Preserve, enhance, and respect the unique, small-scale village character and individual identity of Laguna Beach's commercial areas. Intent -Laguna Beach's commercial areas are predominantly low-scale, which contributes to the pedestrianoriented street environment. The village charm of Laguna Beach is a character that community members have long worked to preserve and enhance. An example of such a preservation technique is the Downtown Specific Plan, adopted in 1989 to preserve the "village atmosphere." The following policies apply to all commercial areas of the City and encourage compatibility of uses, the creation of small businesses, pedestrian orientation and access, art-related uses, enhanced and appropriate landscaping, and the preservation of historically significant commercial structures.

Policy 3.1 Promote development that is compatible with the pedestrian-oriented village character of the downtown (e.g., small lot sizes and height limitations).

Action 3.1.1 Consider adopting appropriate incentives for small commercially zoned lots to encourage a continuation of historic development 41 41 of 478
-40- Reso. #26.XXX
patterns of small buildings on small lots. Examples of such incentives could include relaxed parking and setback standards.

Policy 3.2 Encourage expansion of the village character, as defined in the Downtown Specific Plan, to other commercial areas of the City.

Policy 3.3 Encourage the preservation of historically significant buildings and protect the character-defining components of Laguna Beach's commercial neighborhoods. (Similar to Policy 2.2.)
Action 3.3.1 Receive an annual report from the Heritage Committee regarding preservation issues related to historically significant structures and amend preservation policies and ordinances as necessary to address identified issues. (Same as Action 2.2.2)
Action 3.3.2 Develop City incentives to preserve significant/special commercial buildings in Laguna Beach.

Action 3.3.3 Consider the establishment of a land trust or other mechanism to purchase historically significant and special commercial structures.

Action 5.1.3 Promote preservation of historic structures and adaptive reuse of existing buildings.
…
Historical resources range from architecturally significant historic buildings and collections of buildings or residences that form distinctive neighborhoods to those associated with important persons or events in Laguna Beach’s history. As noted in the Laguna’s Design Guidelines – A Guide to Residential Development: “The preservation of 42 42 of 478
-41- Reso. #26.XXX
local landmarks, historical development patterns, diversity of design and pedestrian scale have contributed to Laguna’s village atmosphere[.]”
The certified LUP has expressly incorporated Coastal Act Section 30251, which requires, in relevant part, that permitted development be sited and designed to be visually compatible with the character of surrounding areas. In addition, the LUE of the LUP contains policies and actions that encourage the preservation of historic structures and adaptive reuse of buildings (Action 1.1.13 and 5.1.3); encourage the preservation of historically significant residential structures and protect the character-defining components of Laguna Beach’s traditional neighborhoods and commercial neighborhoods (Policy 2.2 and 3.3); promote development that is compatible with the village character of the downtown (e.g., small lot sizes, pedestrian orientation, eclectic mix of architectural styles, etc.) (Policy 3.1); and encourage expansion of the village character to other commercial areas (Policy 3.2). Moreover, the LUE defines neighborhood character as 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. …
Additionally, it should also be noted that impacts to community character will continue to be determined on a case-by-case basis through the coastal development permit process. Therefore, these proposed changes to the IP will not be inconsistent with the LUP regarding the protection of character and impacts to historic resources.”
43 43 of 478
-42- Reso. #26.XXX
(Coastal Commission staff report dated January 21, 2022 and posted to the February 10, 2022 Coastal Commission meeting agenda.)7
(Emphasis added.)
This Coastal Commission staff guidance confirms that historic preservation policies within the City’s certified LCP are valid and relevant considerations in CDP review. As explained above, Chapter 25.45 (Historic Preservation) is a part of the City’s certified LCP and Chapter 25.45, explicitly reference the Mills Act and the contractual arrangements for property owners to obtain a reduction in property taxes in exchange for historic resource protection/maintenance.

Accordingly, the Board did not deny the Project based on an improper or extraneous theory of coastal resource protection. Rather, the Board denied the Project because it could not make the required finding that the Project conforms to all applicable provisions of the certified LCP. As reflected in Resolution No. 2026-0148, the Board found that the proposed detached ADU would adversely affect the visual setting and integrity of the designated historic residence and would conflict with applicable LCP policies, including General Plan Land Use Element Policy 2.2 and Open Space and Conservation Element Policy 12-C. The Resolution also relies on HRG’s conclusion that the proposed siting and scale of the ADU would impair views of the historic residence and disrupt the spatial relationship that characterizes the property. Those are proper LCP-based considerations and provide substantial evidence supporting the Board’s decision.

In sum, the record does not demonstrate any misunderstanding of coastal resources by the Design Review Board. The references made during deliberation to visitor-serving concepts were not adopted as findings and did not form the basis for denial. The actual basis for denial, as stated 7 The staff report may be accessed here: https://documents.coastal.ca.gov/reports/2022/2/Th9b/Th9b-2-2022- report.pdf
44 44 of 478
-43- Reso. #26.XXX
in Resolution No. 2026-0148, was the Project’s inconsistency with applicable provisions of the City’s certified LCP, including policies protecting historic resources and their visual setting. For that reason, the Appellant has not established that the Board’s decision was unreasonable, invalid, or an abuse of discretion.

6. “Failure to Abide by Permit Streamlining Act and State ADU Law: Outside of narrow range of resources regulated by the Coastal Act, it is the State ADU law, and not the City’s subjective design review process, that applies to Mr. Lukoff’s project. Under State ADU Law, a city “shall ministerially approve an application for a building permit within a residential or mixed-use zone” to create specified units (emphasis added). Gov. Code § 66323(a). This includes one detached ADU that has four-foot side and rear setbacks that is no more than 800 square feet of livable space and not taller than 16 feet in height. Gov.

Code § 66323(a)(2). Furthermore, a local agency “shall not impose any objective development or design standard that is not authorized by this section” for a qualifying project. Mr. Lukoff’s project is a qualifying project under Gov. Code § 66323(a)(2). Mr.

Lukoff’s project. Under Gov. Code 66313(i), “‘objective standards’ means standards that 45 45 of 478
-44- Reso. #26.XXX
involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant ... and the public official prior to submittal.” Even where Gov. Code § 66323(a) by-right approval does not apply, in evaluating an application under Gov. Code § 66314(b)(1), a city may only “[i]mpose objective standards on accessory dwelling units that include, but are not limited to, parking, height, setback, landscape, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any real property that is listed in the California Register of Historic Places” (emphasis added). A listing under the City’s Historic Register is not a listing on the California Register of Historic Places. In fact, in review of the California Register of Historic Places, within the City of Laguna Beach, only the Museum of Art, Mariona, and St. Francis Catholic Church are listed, not the subject property. See, California Historic Resources, available at https://ohp.parks.ca.gov/
ListedResources/?view=county&criteria=30 (last visited Mar. 10, 2026). The fact that the City seeks to deny Mr. Lukoff’s ADU project based on dueling consultant reports that come to different conclusions shows that the DRB is applying subjective, and not objective standards. Furthermore, the DRB’s decision is based on zoning standards that State ADU Law supersedes. The processing of Mr. Lukoff’s application also raises an Equal Protection issue under the Fourteenth Amendment. Mr. Lukoff appears to have been singled out for disparate treatment by having had his application heard by the Design Review Board when ADUs are mandated to be ministerially processed under Gov. Code § 66317(a). Under LBMC § 25.07.012(D), when only a CDP is required, such as a 46 46 of 478
-45- Reso. #26.XXX
ministerially approved ADU, the CDP decision is within the purview of the Director of Community Development, not the Design Review Board. The DRB’s decision is inconsistent with a recent project at 239 Viejo St. where the City permitted demolition of a historic home that contained the same historically significant characteristics (upper story windows and cross-gable roofline) as Mr. Lukoff’s home as well as the project at 320 North Coast Hwy. (the former Madison Square & Garden Café) that blocks the front façade of a historic cottage. Furthermore, Moreover, the City is not following the requirements of Gov.

Code § 66317(b), which states, If a permitting agency denies an application for an accessory dwelling unit pursuant to subdivision (a), the permitting agency shall, within the time period described in subdivision (a), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant. Additionally, “No local ordinance, policy, or regulation, other than an accessory dwelling unit ordinance consistent with this article shall be the basis for the delay or denial of a building permit or a use permit under this section” per Gov. Code § 66317(d). The City’s proposed action violates both of those State ADU Law requirements. The City proposes to issue Mr. Lukoff a blanket denial based on non-coastal and non-ADU ordinance bases with no direction on how Mr. Lukoff could remedy any purported defective items, which is an issue that Mr. Lukoff raised during his testimony before the DRB. The City appears to take a position that Gov. Code § 66329(a) allows the City to impose the provisions of the ordinary zoning code to deny ADU projects based on lot coverage and front yard setbacks. For instance, staff has made the assertion that because the City’s entire zoning code is incorporated wholesale into the LCP, the City 47 47 of 478
-46- Reso. #26.XXX
escapes the requirements of State ADU Law entirely since it can use of the standard provisions of the zoning code to prevent ADU construction. However, it is clear that the State ADU Law governs non-Coastal Act aspects of a project. For instance, under Gov.

Code § 66321(b)(3), a city may not impose: Any requirement for a zoning clearance or separate zoning review or any other minimum or maximum size for an accessory dwelling unit, size based upon a percentage of the proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open space, front setbacks, and minimum lot size, for either attached or detached dwellings that does not permit an accessory dwelling unit with at least 800 square feet of interior livable space and with four-foot side and rear yard setbacks to be constructed in compliance with all other local development standards.

Under canons of statutory construction, a statute that speaks to a specific matter applies over a general statute. Additionally, the State ADU Law “shall supersede a conflicting local ordinance.” Gov. Code § 66325. Here, although the City can consider coastal impacts under the Coastal Act per Gov. Code § 66329(a), the City is abusing its authority to assert that on issues not contemplated by the Coastal Act, that the LCP can wholesale override provisions of the State ADU Law. For instance, the City directed Mr. Lukoff to submit a project with a 21’ front yard setback, and then obtained the HRG historic consultant to state in their report that the proposed ADU is too close to the existing residence. If Mr. Lukoff had been able to submit with a 13’ – 15’ front yard setback as permitted under Gov. Code § 66323(a)(2) and (b), this would allow for increased spacing from the existing home, since under this provision, front yard setbacks cannot be applied to deny an ADU project for up to 800 square feet. Even more telling is that whilst other 48 48 of 478
-47- Reso. #26.XXX
cities have sought review of their ADU laws by the California Department of Housing and Community Development as required by Gov. Code § 66326(a), the City of Laguna Beach does not appear to have done so with either Ord. 1713 or Ord. 1715, which were passed after the enactment of Gov. Code § 66326.”
City Council’s Response
The Appellant asserts that the City failed to comply with the Permit Streamlining Act and State ADU Law by subjecting the Project to discretionary review, applying subjective standards, and relying on zoning provisions—such as building site coverage—that are allegedly preempted by State law. The Appellant further contends that the Project qualifies for ministerial approval and that the City improperly imposed additional requirements and procedures, including review by the Board.

The record does not support these assertions. The City’s processing and evaluation of the Project are consistent with State ADU Law, the Coastal Act, and the City’s certified Local Coastal Program (LCP).

First, State ADU Law expressly preserves the applicability of the Coastal Act within the coastal zone. Government Code Section 66329(a) provides that ADUs located within the coastal zone “shall be subject to the requirements of the California Coastal Act.” As a result, even where an ADU meets the dimensional standards identified in Government Code Section 66323(a)(2), it is not exempt from CDP requirements or the findings that must be made under a certified LCP. In the City of Laguna Beach, the Coastal Commission has delegated CDP authority to the City through its certified LCP, which requires discretionary review of development to ensure consistency with coastal resource protection policies.
49 49 of 478
-48- Reso. #26.XXX
Here, the Project required a CDP due to its location within the coastal zone and its potential to affect coastal scenic resources and a designated historic resource. The City is cognizant of its obligations under both the Coastal Act and State ADU law. In pertinent, the City’s decision-makers attempt to harmonize these two statutory mandates in such a way that protects coastal resources while complying with State ADU laws designed, in part, to combat the State’s housing crisis. This attempt at harmonization was best demonstrated by the City Council’s exploration of a different design or location of the ADU on the Property. This was done with the purpose of protecting the historic resource on the Property and other coastal resource while trying to ensure the Appellant could create another dwelling unit in the form of an ADU on the Property. Specifically, possible alternative designs and locations include adding an ADU above the existing garage and/or expanding the ADU into the driveway to ensure sufficient square footage. However, the Appellant rejected these possible solutions as the only acceptable design for the Appellant was a two-story ADU in the front yard to ensure ocean views from the ADU. The City’s obligations under the Coastal Act and its LCP and State ADU laws do not mandate unfettered discretion to the Appellant to cite the ADU anywhere he desires irrespective of existing historic and coastal resources on the Property.

Because of the clear application of the Coastal Act (and the City’s LCP) to the Project, it is not eligible for purely ministerial approval, and the City is required to evaluate the Project under the applicable CDP findings, including visual compatibility, impacts to coastal scenic resources, and consistency with General Plan and historic preservation policies incorporated into the LCP.

The involvement of the Board in this process is consistent with the City’s implementation of its LCP and does not conflict with State ADU Law. The City Council furthermore incorporates the 50 50 of 478
-49- Reso. #26.XXX
City Council response to Contention No. 5 regarding historic resource protections in the LCP and Coastal Act in this response to Contention No. 6.

Second, the Appellant’s assertion that the City applied impermissible “subjective” standards is not supported by the record. The standards applied by the Board—including CDP Review Criteria 3 and 6, building site coverage limitations, and policies related to historic resources—are codified in the Municipal Code and General Plan and are applied uniformly to development proposals within the coastal zone. Here, because a CDP is required, applicable policies and provisions apply. While certain findings, such as visual compatibility, inherently require the exercise of professional judgment, they are grounded in adopted policies, determined on the basis of substantial evidence, and are not arbitrary or ad hoc.

Third, the Board did not deny the Project solely on the basis of building site coverage or other zoning standards in isolation. Rather, the building site coverage finding was one of several required findings under the Municipal Code and was directly tied to the City’s ability to approve increased coverage only where it preserves views or maintains neighborhood development patterns. The Board found that the Project did neither. Importantly, the denial is independently supported by the Project’s failure to meet CDP findings, including adverse impacts to coastal scenic resources – which include historic resources – and lack of visual compatibility.

Accordingly, even if certain zoning standards were not dispositive, the Project would still fail to meet required CDP findings.

Fourth, the Appellant’s reliance on Government Code Section 66321(b)(3) and related provisions is misplaced in the context of the coastal zone. While State ADU Law limits the application of certain local development standards, it does not override the Coastal Act or the 51 51 of 478
-50- Reso. #26.XXX
City’s certified LCP. The Coastal Act is a separate and independent statutory framework that the Legislature has expressly preserved. As explained above, the City is therefore obligated to harmonize State ADU Law with Coastal Act requirements... The City has not “wholesale overridden” State ADU Law; rather, it has applied the appropriate statutory framework for a coastal development project. As one example, the City allows certain ADU projects to qualify for an exemption from the ADU parking requirement, consistent with state ADU law.

Fifth, the Appellant’s argument regarding front yard setbacks and alternative siting does not demonstrate a violation of State ADU Law. The Project as proposed was evaluated based on its actual design, including its location within the front portion of the lot. While State law may limit the imposition of certain setback requirements for qualifying ADUs, it does not require the City to approve a specific design that results in adverse impacts to coastal resources or historic properties. The Board evaluated the Project that was submitted and found that its siting and configuration did not satisfy required findings. The City is not obligated to redesign the Project on the Applicant’s behalf or speculate as to whether an alternative configuration might be approvable.

Sixth, the Appellant’s claim of disparate treatment and Equal Protection violations is not supported by the record. The examples cited by the Appellant involve materially different properties, regulatory contexts, and project characteristics. With respect to 239 Viejo Street, the project involved demolition of an existing duplex that was expressly determined not to be a historic resource and did not qualify for listing on either the California Register or the City’s Historic Register. Accordingly, no Mills Act contract or Secretary of the Interior’s Standards applied, and there was no requirement to preserve the visibility or spatial relationships of a designated historic resource. In contrast, the subject property is a designated historic resource subject to a Mills Act 52 52 of 478
-51- Reso. #26.XXX
contract that remains in effect, where preservation of character-defining features and their public visibility are core considerations. Further, the Appellant left mid-deliberations and did not avail himself to the potential iterative process where the Board explores possible project modifications in an attempt to meet the required findings.

Similarly, the comparison to 320 North Coast Highway is ill-fitting to the facts of this CDP application. That project included the construction of two open, freestanding pergola structures between a historic commercial building and the street, rather than the placement of a new enclosed two-story building mass directly in front of a historic façade. The trellis design did not obstruct public views of the historic resource in the same manner as a solid structure. Moreover, as a commercial site, the property is open to the public, allowing direct access and visibility of the historic building from within the site, which fundamentally differs from a private residential property where public views are limited to the public right-of-way. Finally, the project plans for 320 North Coast Highway were reviewed by the City’s architectural historian (HRG), who found that the proposed alterations met the Secretary of the Interior’s Standards for Rehabilitation. Here, HRG found that the Project does not comply with SOIS.

Seventh, with respect to Government Code Section 66317(b), the requirement to provide written comments identifying deficiencies applies to ministerial ADU applications. As discussed 53 53 of 478
-52- Reso. #26.XXX
above, the Project is not subject to purely ministerial approval due to the need for a CDP.

Notwithstanding this, the City provided extensive feedback to the Applicant over the course of the review process, including through staff communications, consultant reports, and the public hearing process. The record reflects that the Applicant was aware of the issues related to siting, massing, historic resource impacts, and view impacts, and had the opportunity to revise the Project in response.

Finally, the Appellant’s suggestion that the City has failed to comply with State requirements for ADU ordinance review by the Department of Housing and Community Development (“HCD”) is not relevant to the validity of the Board’s decision on this Project. The issue before the City Council is whether the Board properly applied applicable law to the Project as proposed. The record demonstrates that it did. Nevertheless, Ordinance No. 1713, which currently governs the regulation of ADUs and JADUs, was adopted as an urgency measure in accordance with Government Code Sections 65858 and 36937. Under applicable law, a city may adopt an urgency ordinance that becomes effective immediately upon adoption without Coastal Commission certification when the ordinance does not conflict with the Coastal Act and does not authorize a use other than those already permitted under the City’s certified Local Coastal Program (“LCP”). (Conway v. City of Imperial Beach (1997) 25 Cal.App.4th 78, 88–89.) The City has also submitted a corresponding non-urgency ordinance to the Coastal Commission, which was transmitted in April 2025 and remains pending. Because the City has a certified LCP, the nonurgency ordinance cannot take effect unless and until it is certified by the Coastal Commission. It is anticipated that this certification process will address applicable requirements of both the Coastal Commission (with respect to LCP amendments) and HCD (with respect to approval of the City’s 54 54 of 478
-53- Reso. #26.XXX
ADU ordinance).

In sum, the City did not violate the Permit Streamlining Act or State ADU Law. The Project is subject to the Coastal Act and the City’s certified Local Coastal Program, which require discretionary review and findings that were not met in this case. Whether or not a property is on the California Register of Historical Resources, historic resources in the coastal zone are protected as coastal resources by the Coastal Act and the City’s LCP. The Board’s denial is supported by substantial evidence and reflects a lawful application of the governing statutory and regulatory framework.

7. “Misunderstanding of CEQA: The DRB deliberations and Resolution 2026-1048 also show a misunderstanding of CEQA. The Board alleges that the project could not be approved on the basis that a Class 3 (Small Structures) categorical exemption may not apply because of the historic home. The DRB ignored that under SB 131, which creates the “near miss” category of CEQA processing, a City-registered historic home is not a barrier to the project under CEQA. Since the historic home is the only purported condition that could potentially render the project ineligible, the City would not need to conduct a full initial study or EIR and instead limited to analysis of the potential effects of the action on the historic property. Pub. Res. Code § 21080.1(b) (2025). Furthermore, had the Board fully analyzed the potential effects on the historic property in line with the GPA and Sapphos reports, the Board would have concluded that the CEQA Class 3 (Small Structures) categorical exemption would apply.”
City Council’s Response
55 55 of 478
-54- Reso. #26.XXX
The Appellant asserts that the Board misunderstood and misapplied the California Environmental Quality Act (CEQA), specifically with respect to the applicability of a Class 3 categorical exemption and recent statutory changes under Senate Bill (“SB”) 131. The Appellant contends that the presence of a historic resource does not preclude use of a categorical exemption and that, at most, limited environmental review would be required. This argument is not relevant to the validity of the Design Review Board’s action and is not supported by the record.

Under SB 131, “housing development projects”, as defined, that narrowly fail to qualify for any CEQA exemption due to a single disqualifying condition need only review those environmental effects caused solely by that condition, which substantially reduces the scope of the CEQA review. Here, however, the Project does not qualify under SB 131. Section 65589.5 of the Government Code includes the following definition of a “housing development project”:
“(h) The following definitions apply for the purposes of this section: . . . (2)“Housing development project” means a use consisting of any of the following:
(A) Residential units only.”
(emphasis added)
The plain language of the statute and its use of the plural “residential units” means the project must be creating more than just one residential unit; indeed, the term of art, "housing development project" contemplates one project that is developing a use of at least two residential units. Thus, for a project like this one – with an existing use of one unit and the development of a use of a second unit (i.e., the ADU) – SB 131 would not apply, as the only “residential unit” being developed or created is the ADU and thus it is not a project consisting of “residential units only.” 56 56 of 478
-55- Reso. #26.XXX
As a matter of due diligence on a separate matter regarding this same definition but under the context of the Housing Accountability Act (“HAA”), on November 5, 2025, City staff submitted a request for technical assistance from the California Department of Housing and Community Development (“HCD”) on this very issue of whether the HAA applies to a project that only involves an addition to an existing single-family home and an ADU.

On November 17, 2025, HCD responded that they had reviewed the inquiry, but would not be able to provide technical assistance on the matter “[d]ue to limited staff resources and fluctuating caseloads.” While HCD did posit that this refusal to answer should not be interpreted as an endorsement or rejection on the merits of the City’s inquiry, HCD’s refusal to posit that the HAA does apply to these types of projects does provide City staff a modicum of confidence in our position. HCD is typically not shy about staking out broad and expansive positions regarding the application of State housing laws to certain projects. Thus, HCD’s refusal to do so here may be instructive. Accordingly, the City’s position is that the Project does not qualify as a housing development project under SB 131 because it adds only a single new residential unit to the property remains unchanged.

Here, as a threshold matter, the Project was denied. Under CEQA Guidelines Section 15270 and Public Resources Code Section 21080(b)(5), projects that are rejected or disapproved are not subject to CEQA. Resolution No. 2026-0148 expressly states that the Project is not subject to CEQA on this basis. Accordingly, no CEQA analysis—whether categorical exemption, “near miss” analysis, or otherwise—was required or relied upon in connection with the denial. The Board’s decision does not depend on CEQA compliance.
57 57 of 478
-56- Reso. #26.XXX
While CEQA was not determinative here, the Board’s discussion regarding the applicability of a categorical exemption was not incorrect. CEQA Guidelines Section 15300.2(f) provides that a categorical exemption cannot be used where a project may cause a substantial adverse change in the significance of a historical resource, as was found to be the case with the proposed Project. The Project site contains a designated historic resource subject to a Mills Act contract, and the record—including the HRG reports and staff analysis—supports the conclusion that the proposed ADU would adversely affect that resource by altering its spatial relationship to the street and obscuring a substantial portion of its primary elevation. Under these circumstances, the potential applicability of the historical resource exception to a categorical exemption is a valid consideration.

In sum, the Board properly concluded that CEQA does not apply to projects that are not approved. Because the Board found that the Project would not preserve the historic integrity of the existing single-family residence, the Board would not have been able to approve the Project with a categorical exemption from CEQA. Because SB 131 does not apply, an Initial Study (and potentially an Environmental Impact Report) would be required in order to consider approval of the Project.

8. DRB Denial Constitutes Unconstitutional Taking: In the DRB’s deliberation, the Board Members used both the Mills Act, and a designation of Mr. Lukoff’s property as a “recreational” or “visitor-serving facility” to justify unconstitutional taking of Mr.

Lukoff’s property rights. The Fifth Amendment to the U.S. Constitution, and Art. 1, Sec. 19(a) of the California Constitution guarantee the right to just compensation in the event of a physical or regulatory taking of private property. Unless just compensation is provided 58 58 of 478
-57- Reso. #26.XXX
to Mr. Lukoff by the City, the DRB’s actions are unconstitutional pursuant to the threepart framework established in Penn Central Transportation Co. v. New York City (1978) 483 U.S. 104, 124, based on economic impact, investment-backed expectations, and the character of the government action. The Board seems to believe that Mr. Lukoff consented to waive his Fifth Amendment rights when he signed onto the Mills Act because of the tax break associated. Mr. Lukoff received consideration of tax breaks under the Mills Act to provide for the upkeep and maintenance of his historic property. The Fifth Amendment standard for a taking is “just compensation,” not a tax break. By entering into the Mills Act contract, Mr. Lukoff did not receive just compensation and did not consent to a taking of his property rights under the State ADU Law or development rights of an R-2 zoned property, contrary to the Design Review Board’s assertion. First, the economic impact is substantial. Resolution 2026-0148 and the deliberations of the DRB effectively foreclose not only the ADU as proposed, but signals that no ADU would be permitted on Mr. Lukoff’s property at all, thereby depriving Mr. Lukoff of a significant and expressly authorized residential use on an R-2 zoned lot that otherwise allows multiple dwelling units.

Additionally, as Mr. Lukoff plans to age in place, his current residence may not be adequate. Thus, Mr. Lukoff’s proposed ADU is instrumental to his aging-in-place plan.

Second, the DRB’s denial directly interferes with reasonable, investment-backed expectations. Mr. Lukoff purchased the property prior to the Mills Act designation, and as he stated during the DRB hearing, the property was in serious disrepair. Based on the Real Property Report obtained from the City at the time of purchase, Mr. Lukoff formed the understanding he would be able to construct a dwelling unit on the property. Mr. Lukoff 59 59 of 478
-58- Reso. #26.XXX
later relied on State ADU Law to develop a compliant detached ADU. The Mills Act does not provide cover for the City to conduct a regulatory taking of Mr. Lukoff’s property rights under State ADU Law. Mr. Lukoff purchased the property in 2007 and entered into a Mills Act contract in March 2009. Mr. Lukoff used the benefits of the Mills Act to rehabilitate a dilapidated property. There is no clause in the Mills Act contract that waives Mr. Lukoff’s rights to improve his property, as long as he complies with the terms of the contract. For instance, while he is prohibited from demolition of the house or exterior alterations not within Secretary of the Interior Standards. Here, the proposed ADU is for a detached structure that does not physically alter or add onto the existing Mills Act residence, which is why Mr. Lukoff applied for a detached instead of an attached ADU. Since Mr. Lukoff bought the property with the intention and understanding of developing a second unit, the DRB’s action interferes with his reasonable, investment-backed expectations. Third, the character of the governmental action strongly favors a finding of a taking. First, the DRB’s categorization of Mr. Lukoff’s home as a “recreational, visitor-serving facility” encourages the public to trespass a physical invasion of Mr. Lukoff’s property to tour Mr.

Lukoff’s historic property. Rather than a general land use regulation evenly applied, the City has engaged in ad hoc, discretionary decision-making, including shifting application requirements, reliance on conflicting consultant analyses, and the imposition of subjective criteria and non-ADU standards to single out and deny this project, effectively “weaponizing” the Local Coastal Program and historic designation to preclude otherwise lawful residential development. Furthermore, as discussed above, the obligations under the Mills Act contract are fixed at the time of contract in 2009 and not as the City would 60 60 of 478
-59- Reso. #26.XXX
like them to be in 2026. Thus, in terms of the Mills Act, Mr. Lukoff is held to the preservation of the significant features of his home as it was in 2009, which did not include the first-floor window, pergola, porch, or entry door. Taken together, these factors demonstrate that the City’s action goes beyond legitimate regulation and instead operates as the functional equivalent of a taking, depriving the owner of core property rights without just compensation in violation of the Fifth Amendment.” City Council’s Response
The Appellant asserts that the Design Review Board’s denial of the proposed Coastal Development Permit constitutes an unconstitutional regulatory taking under the Fifth Amendment to the U.S. Constitution and Article I, Section 19 of the California Constitution, applying the framework established in Penn Central Transportation Co. v. New York City (1978) 438 U.S. 104.

The Appellant argues that the denial deprives the property owner of economically viable use, interferes with investment-backed expectations, and reflects an improper exercise of governmental authority. This argument is not supported by the facts in the record or applicable law.

The City Council incorporates by reference the City Council’s response to Contention No. 5 regarding recreational and visitor-serving facilities.

As an initial matter, a regulatory taking occurs only in limited circumstances where a governmental action deprives a property owner of all economically viable use of the property, or where the impact of regulation is so severe under the Penn Central factors that it effectively functions as a physical appropriation. Courts have consistently held that the denial of a single development proposal, even one that reduces potential property value or development intensity, does not constitute a taking where reasonable economic use of the property remains. 61 61 of 478
-60- Reso. #26.XXX
Here, the subject property is currently developed with a single-family residence that remains fully usable and occupied. The denial of a Coastal Development Permit for a detached ADU does not deprive the owner of all economically viable use of the property, nor does it prohibit continued residential use consistent with the underlying R-2 zoning. The property retains substantial value and utility, and the owner is not deprived of fundamental property rights.

Accordingly, the threshold for a categorical taking is not met.

While the denial of the proposed ADU may limit the intensity of development on the property, it does not eliminate economic use or value. The ability to construct an additional dwelling unit is only one of many potential uses of the property. Courts have routinely found that diminution in value or lost development opportunity, standing alone, does not constitute a taking.

The property continues to function as a residential property, and the denial of one particular configuration of development does not rise to the level of a compensable taking.

The Appellant’s asserted expectations of constructing an additional unit are not determinative where those expectations are subject to existing regulatory frameworks, including the Coastal Act, the City’s certified Local Coastal Program (LCP), and historic preservation requirements. At the time of purchase and at the time of entering into the Mills Act contract, the property was subject to land use regulations that require discretionary review and findings for development impacting coastal resources and historic properties.

Importantly, the Mills Act contract is a voluntary agreement entered into by the property owner in exchange for significant property tax benefits. As explained above, that contract expressly requires preservation of the historic resource in accordance with the Secretary of the Interior’s Standards and applicable City regulations. Compliance with these standards necessarily 62 62 of 478
-61- Reso. #26.XXX
constrains future development on the property as the quid pro quo for tax benefits. Thus, the owner’s expectations that this Property is identical to every other R-2 zoned property without a Mills Act contract is not accurate and the expectations for future development must therefore be understood in the context of these voluntarily accepted obligations. The assertion that no ADU would be permitted is not accurate as other options or configurations could have been explored by the Appellant – but were not. In fact, the Appellant explicitly declined the offer from the City Council to explore alternative design or location for the ADU (i.e., possible ADU on top of the existing garage and/or extended out along the existing driveway). Citing his desire for a two-story ADU in the front yard area to ensure an ocean view, the Appellant was only amenable to a design and location that was consistent with his goal.

Additionally, State ADU Law does not create an absolute right to develop an ADU irrespective of other applicable laws. As discussed in prior sections, the Coastal Act and the City’s LCP govern development within the coastal zone, and the proposed ADU remains subject to Coastal Development Permit findings. Thus, any expectation of ministerial approval is inherently limited by these applicable coastal and historic preservation regulations.

The Appellant’s assertion that the Board’s characterization of the property as a “recreational or visitor-serving facility” resulted in a physical invasion is not supported by the 63 63 of 478
-62- Reso. #26.XXX
Resolution. While individual Board member comments during deliberation may have referenced the broader public interest in historic resources, Resolution No. 2026-0148 does not designate the property as a public facility, nor does it authorize or encourage public access to private property.

The legal findings supporting denial are grounded in coastal visual resource protection, historic preservation standards, and zoning compliance—not in any reclassification of the property’s use.

Furthermore, the record demonstrates that the Project was evaluated through an established public process, with input from staff, independent historic consultants, the Heritage Committee, and members of the public. The decision was based on substantial evidence and consistent application of adopted standards. There is no indication of arbitrary or discriminatory treatment that would support a takings claim.

In sum, the denial of Coastal Development Permit 2026-0148 does not constitute a regulatory taking. The property retains viable economic use, the owner’s expectations are 64 64 of 478
-63- Reso. #26.XXX
constrained by applicable and voluntarily accepted regulations, and the City’s action represents a lawful exercise of its land use authority. Accordingly, the Appellant’s takings claim does not provide a basis to overturn the Design Review Board’s decision.

SECTION 3. The City Council hereby makes the following findings and facts supporting findings for CDP 2026-0148, in addition to the findings and facts noted above in response to Appellant’s appeal contentions which are incorporated into the City Council’s CDP determination:

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 Project does not encroach upon any existing physical accessway legally utilized by the public because the Project is located on private property and no public accessway exists on the property. The Project is also not encroaching upon any proposed public accessway identified in the adopted local coastal program land use plan as no public accessway is planned for the Project site.

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

There are no known marine resources, environmentally sensitive areas, or archaeological or paleontological resources on the Project site and therefore the Project will not adversely affect marine resources, environmentally sensitive areas, or archaeological or paleontological resources.

3. The proposed development will not adversely affect recreational or visitor-serving 65 65 of 478
-64- Reso. #26.XXX
facilities or coastal scenic resources.

There are no recreational or visitor-serving facilities within 0.25 mile of the Project site.

The Project site is in a developed residential area of the City. Therefore, the Project will not adversely affect recreational or visitor-serving facilities.

The proposed development will, however, adversely affect coastal scenic resources. The City’s Land Use Plan has policies for visual and scenic resources. The City identifies that the principal focus concerns property situated adjacent to the major transportation systems in the City (i.e., Laguna Canyon Road and Pacific Coast Highway) since it is along those roadways that a majority of residents and non-residents view the community and have visual access to scenic corridors.

The Open Space and Conservation Element, which is part of the City’s certified LCP, defines visual resources, including coastal visual resources or “coastal scenic resources” as shoreline features or the natural appearance of the coast, and hillside visual resources as undeveloped hillside lands:

Hillside Visual Resources: Nearly 30% of the City consists of undeveloped hillside lands. 66 66 of 478
-65- Reso. #26.XXX
These lands support a great diversity of visual resources, with prominent exposure from both public and private property. Generally, these features include: (1) unique topographic forms - vertically exposed rock faces, bluffs, headlands and noticeably steep slopes; (2) unique vegetative forms, including stands of oak, sycamore and eucalyptus trees, and riparian or canyon land plant communities; (3) natural watercourses and associated canyon bottoms; (4) special land features such as prominent ridgelines, escarpments and rock outcroppings; and (S) visual edges or boundaries consisting of contrasting features where rock outcroppings may meet with surrounding vegetation or man-made features such as roads and buildings. (OSCE, p. 33.) The OSCE further states that “an important aspect of hillside and coastal land features is their visibility from public roadways”—supporting that the OSCE does apply to the Project. (OSCE, p. 35.) Further, the City implements the following policy in its OSCE: 7-A Preserve to the maximum extent feasible the quality of public views from hillsides and along the city’s shorelines. (OSCE, p. 35.)
Here, the proposed ADU will be 16 feet in height, the maximum allowed height for detached ADUs per Laguna Beach Municipal Code Section 25.17. Due to the ADU’s proposed location and height, some ocean views from the public right-of-way are affected by the structure.

Further, the ADU would block the view of the historic structure on the Property with the backdrop of the ocean. While story poles have not been installed on site due to refusal of the Applicant, photos show that there will be negative impacts to the ocean and coastline from Chiquita.

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. 67 67 of 478
-66- Reso. #26.XXX
The closest environmentally sensitive area is mapped 0.8 mile east. The closest parks and recreation areas to the Project site are Crescent Bay beach, located 0.3 mile southwest and Laguna Coast Wilderness park, located 0.5 mile northeast. While coastal scenic resource views will be impacted as discussed in criteria 3, there is sufficient buffer area to protect resources contained in the identified adjacent parks and 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.

The Project site does not contain any significant natural landforms. The Project will require 18 cubic yards of grading outside the building envelope and, as such, the grading is exempt from design review. The Project is also subject to all requirements of the Laguna Beach Building and Fire Codes and meets such requirements. 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.

Here, many of the homes along Chiquita are single-story structures (including 248 Chiquita St. directly to the north and 239 Chiquita St., directly across the street) or appear as a single-story from the street. A two-story ADU in front of a two-story home would not maintain this neighborhood development pattern.

As explained above (and incorporated by this reference and the reference in Section 3 above), the historic home is on the City’s Historic Register, subject to a Mills Act contract, and the home itself is also considered a coastal resource. The City’s historic consultant has determined 68 68 of 478
-67- Reso. #26.XXX
in the HRG Report and Supplemental HRG Report that the size of the ADU and its placement on the site would cause it to block views of the historic home. The Project does not preserve the historic integrity of the existing single-family residence nor does it comply with the existing Mills Act contract. HRG reviewed the Project and determined it did not comply with the Secretary of Interior Standards “because there is not enough room on the property to accommodate the ADU as designed without impairing the view of the historic resource and negatively impacting the spatial relationship that characterizes the property.” As explained in more detail below, this is inconsistent with Chapter 25.45 of the City’s Zoning Code (which is part of the City’s Certified LCP). Further, out of the seventy-two (72) historic properties in the north Laguna Beach area, zero (0) have and ADU constructed in front of the historic structure. Thus, as proposed, this ADU would be the singular ADU constructed in all of North Laguna in front of a historic property, blocking the historic resource.

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.

Therefore, the development will not have any adverse impacts on any known archaeological or paleontological resource.

8. The proposed development will be provided with adequate utilities, access roads, drainage and other necessary facilities.

The Project involves the construction of a detached two-story ADU. The Project site is currently served by existing utilities, access roads, drainage, and other necessary facilities. Given the scope of the proposed development (a 799 square foot ADU), it is anticipated that the existing 69 69 of 478
-68- Reso. #26.XXX
infrastructure can accommodate the ADU 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 addition of a 799-square-foot ADU will not overburden existing public services.

As explained above (and incorporated by this reference and the reference in Section 3 above) the City attempts to harmonize its obligations under the Coastal Act (and its LCP) and State ADU law. Despite efforts to suggest possible design or location modifications, the Appellant refused to modify his existing design/location (to keep the ocean view from the ADU). Thus, as proposed, and in light of State ADU law, the project is not consistent with all applicable policies of the Certified LCP.

LCP COASTAL VIEW POLICIES (CDP)
General Plan Land Use Element Policy 2.2 - Encourage the preservation of historically significant residential structures and protect the character-defining components of Laguna Beach’s traditional neighborhoods.

Here, the Project does not preserve the historic integrity of the existing single-family residence. The property owner has received a significant incentive in the form of a reduced property tax rate as a result of their participation in the Mills Act program. A condition of this 70 70 of 478
-69- Reso. #26.XXX
incentive is compliance with the Secretary of Interior Standards. HRG reviewed the Project and determined it did not comply with the SOIS “because there is not enough room on the property to accommodate the ADU as designed without impairing the view of the historic resource and negatively impacting the spatial relationship that characterizes the property.” General Plan Historic Resources Element - Goal #1: Preserve and enhance buildings and structures of historic significance in Laguna Beach. Assure that neighborhoods which have a preponderance of older homes and which greatly contribute to the village atmosphere be maintained as cohesive neighborhood units through consistency of size, scale and character.

Here, the Project does not preserve the historic integrity of the existing single-family residence. The property owner has received a significant incentive in the form of a reduced property tax rate as a result of their participation in the Mills Act program. A condition of this incentive is compliance with the Secretary of Interior Standards. HRG reviewed the Project and determined it did not comply with the SOIS “because there is not enough room on the property to accommodate the ADU as designed without impairing the view of the historic resource and negatively impacting the spatial relationship that characterizes the property.” Open Space and Conservation Element Policy 12-C: Development adjacent to a place, structure or feature found to be of historical significance shall be designed so that the uses permitted and the architectural design will protect the visual setting of the historical site.

Here, the proposed ADU would not protect the visual setting of the historical site in that it would be placed in front of the existing residence, altering the spatial relationship that characterizes the property. The existing residence was constructed at the rear of the parcel and has approximately a 50-foot setback from the street. Placing the ADU within the setback will remove a space that has 71 71 of 478
-70- Reso. #26.XXX
been historically open since the residence was constructed in 1925. In addition, because the ADU will be located 10 feet from the existing residence it will obscure a majority of the view of the residence from the street.

Laguna Beach Municipal Code 25.12.008(C)(9) (Building Site Coverage): Single-Family Residence. Lots improved with one single-family dwelling, shall have maximum building site coverage as specified in Section 25.10.008(E)(1)(c) of this title. Building site coverage includes habitable enclosed building space and covered off-street parking. The building site coverage may be modified by the design review board when it is necessary to preserve views or to maintain neighborhood development patterns.

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 72 72 of 478
-71- Reso. #26.XXX
recreation policies of Chapter 3 of the Coastal Act.

The Project site is not located between the sea and the first public road paralleling the sea and therefore this finding is inapplicable.

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.

While the construction of an accessory dwelling unit often falls within an exemption from the California Environmental Quality Act, such as new construction or conversion of small structures under CEQA Guidelines Section 15303, the City must also consider whether an exception to an exemption applies thereby taking the Project outside of the exemption. One such exemption relates to historical resources which prohibits the City from using an exemption for a project which may cause a substantial adverse change in the significance of a historical resource (CEQA Guidelines Section 15300.2(f)).

Here, the Project would create a significant adverse impact on the environment since it would block a majority of the historic resource from a public street. As concluded by HRG, the proposed ADU would cause a substantial adverse change to the existing structure since it would alter the spatial relationship that characterizes the property and it would obscure a majority of the view of the residence from the street. Projects that comply with the SOIS are considered as mitigated to a level of less than a significant impact on the historic resource. HRG has concluded the Project does not comply with the SOIS.

SECTION 4. The City Council hereby denies the Appeal and sustains the Design Review Board’s determination on the Project, as reflected in this Resolution and Design Review Board Resolution No. 2026-0148, which such resolution is incorporated herein by this reference. 73 73 of 478
-72- Reso. #26.XXX
ADOPTED this 26th day of May, 2026.

Mark Orgill, Mayor
ATTEST:

Ann Marie McKay, City Clerk
I, Ann Marie McKay, City Clerk of the City of Laguna Beach, certify that the foregoing Resolution No. 26.XXX was duly adopted at a regular meeting of the City Council of said City held on May 26, 2026, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

City Clerk, City of Laguna Beach, CA
74 74 of 478
RESOLUTION NO. 26.XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LAGUNA BEACH, CALIFORNIA, DENYING THE APPEAL
AND SUSTAINING THE DESIGN REVIEW BOARD’S DENIAL
OF COASTAL DEVELOPMENT PERMIT 2026-0148 FOR A
DETACHED ACCESSORY DWELLING UNIT IN THE R-2,

RESIDENTIAL MEDIUM DENSITY ZONE, AND

DETERMINING THAT THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT DOES NOT APPLY TO PROJECTS THAT ARE

DISAPPROVED
WHEREAS, Jonathan Lukoff (“Applicant”), for 238 Chiquita Street (the “Property”) applied for Coastal Development Permit (“CDP”) 2026-0148 for a detached accessory dwelling unit (“ADU”) with excess building site coverage (the “Project”); and WHEREAS, on February 23, 2026, the Heritage Committee (“Committee”) held a public meeting to consider the Project and provide a recommendation to the Design Review Board (“Board”). Following discussion, the Committee voted 5-0 to recommend that the Board deny the Project based on incompatibility with the Secretary of the Interior’s Standards for the Treatment of Historic Properties (“SOIS”) and a conflict with Section 3b of the Applicant’s Mills Act contract with the City; and
WHEREAS, on February 26, 2026, the Board held a duly noticed public hearing to consider the Project. During the hearing, the Board evaluated the proposed design and received public testimony, which focused primarily on view impacts, neighborhood compatibility, and SOIS compliance. Following discussion, the Board voted 4-0 (Bauta absent) to direct staff to revise the draft resolution presented with the staff report to reflect the additional reasons stated by the Board in support of the Project denial, and continued the public hearing to March 12, 2026; and WHEREAS, on March 12, 2026, the Board reviewed the revised Resolution to deny Coastal Development Permit 2026-0148. After considering all evidence and public testimony, the Attachment 2
75 75 of 478
-2- Reso. #26.XXX
Board found that the draft resolution attached to the staff report accurately and completely incorporated the Board’s direction from the prior hearing and voted 3-0 (Bauta abstaining and Coveny absent) to adopt Resolution No. 2026-0148 to deny the Project (the “Board Denial”); and WHEREAS, on March 18, 2026, Edwin Keseil (the “Appellant”), the attorney representing the Applicant, filed a notice of appeal of the Board Approval (the “Appeal”). The Appellant contends that the Board denied the project on erroneous factual findings, citing eight contentions; and
WHEREAS, LBMC Section 25.05.070 requires certain forms of public notice for an appeal. Public notice was duly provided to consider the Appeal of the Project at the May 13, 2026 City Council meeting in accordance with LBMC Section 25.05.065; and WHEREAS, on May 13, 2026, the City Council held a duly noticed public hearing to consider the Appeal and carefully considered the oral and documentary evidence and arguments presented; and
WHEREAS, at the May 13, 2026 City Council meeting, the City Council, by a 5-0 vote, directed staff to bring back this resolution denying the appeal and sustaining the Design Review Board’s denial of Coastal Development Permit 2026-0148 for the reasons discussed, deliberated, and voted upon during the May 13, 2026, hearing..

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH DOES RESOLVE:

SECTION 1. The recitals set forth above are true and correct and are incorporated into this Resolution by this reference.

SECTION 2. The City Council hereby makes the following findings in response to 76 76 of 478
-3- Reso. #26.XXX
grounds for appeal stated in Appellants’ notice of Appeal:

1. “Neighborhood Compatibility Finding: The factual findings of the resolution regarding the neighborhood compatibility finding are flawed because they are woefully incomplete.

The compatibility finding states, “Here, many of the homes along Chiquita are single-story structures (including 248 Chiquita St. directly to the north and 239 Chiquita St., directly across the street) or appear as a single-story from the street. A two-story ADU in front of a two-story home would not maintain this neighborhood development pattern.” This conclusory analysis fails to note that there are two-story homes and two-story ADUs within the Hillcrest neighborhood. Additionally, from review of GIS map, which was shown by City staff during the hearing, there appear to be many other R-2 zoned lots in the vicinity developed with multiple units. This property is near 1673 Louise Street, where the City approved a second-story ADU. For the 1673 Louise Street approval, which is in the same Hillcrest neighborhood, the City made that a finding for a second-story ADU was met because the surrounding areas “consist of both one-story and two-story homes” (CDP 25- 0036). Additionally, as was presented to the Design Review Board, there is a mix of oneand two-story homes in the Hillcrest neighborhood of North Laguna, including apartment buildings with up to four units, which is evident during any site visit. Finally, the City’s consultant report provided by HRG concluded that “the proposed ADU will be a compatible design and differentiated from the existing residence, that it will not impact the setting of the neighborhood because it will retain the required setback, and that it will be a stand-alone structure and not physically impact the existing residence” (emphasis 77 77 of 478
-4- Reso. #26.XXX
added). The DRB chose to ignore the findings of the City’s own consultant that did not suit the City’s findings, demonstrating an unreasonable decision and abuse of discretion.

City Council’s Response
The Appellant asserts that the Board’s neighborhood compatibility finding is incomplete because the broader Hillcrest neighborhood includes a mix of one- and two-story homes, some multi-unit development, and at least one recently approved second-story ADU. The Appellant further contends that the Board disregarded a statement in the HRG analysis indicating that the proposed ADU would be a compatible design that would not impact the setting of the neighborhood. However, these recommendations and overall topic were addressed head on and discussed in substance by the Board during its deliberations.

Due to the historic home’s placement on the City’s Historic Register, the home itself is also considered a coastal resource. The City’s historic consultant has determined in the HRG Report and Supplemental HRG Report that the size of the ADU and its placement on the site would cause it to block views of the historic home. The Project does 78 78 of 478
-5- Reso. #26.XXX
not preserve the historic integrity of the existing single-family residence. HRG reviewed the Project and determined it did not comply with the Secretary of Interior Standards ‘because there is not enough room on the property to accommodate the ADU as designed without impairing the view of the historic resource and negatively impacting the spatial relationship that characterizes the property.’”
The record does not support the conclusion that the Board’s neighborhood compatibility finding is erroneous or unsupported. The issue before the Board was not whether two-story structures exist somewhere within the broader Hillcrest neighborhood, nor whether other R-2 properties in North Laguna contain multiple units. Rather, the required inquiry under Coastal Development Permit Criterion 6 was whether the proposed development, as designed and sited on this specific property, would be visually compatible with the character of the surrounding area.

That is a site-specific determination that turns on the relationship of the proposed ADU to the existing historic residence, the street frontage, and the immediately surrounding development pattern.

Here, the Board reasonably focused on the relevant portion of Chiquita Street and the immediate context of the subject Property. The record reflects that the existing historic residence is set well back from the street and that the front portion of the lot has historically remained open, without structures. The proposed Project would place a new, two-story structure between the street and the historic residence, approximately 3 feet from the front porch and approximately 9 feet 8 inches from the front façade of the existing home. As analyzed in the staff report and discussed during the public hearing, the proposed ADU would span approximately 31 feet in width, exceeding the width of the primary façade of the historic residence, and would obscure a 79 79 of 478
-6- Reso. #26.XXX
substantial portion of the residence when viewed from the public right-of-way. In that respect, the Board’s finding was not based simply on the fact that the ADU is two stories tall; it was based on the combined effect of the ADU’s height, width, massing, and sitingsitting in front of a designated historic residence on a lot with an established open front setback pattern.

The Appellant’s reference to other two-story homes, apartment buildings, and second-story ADUs in the Hillcrest neighborhood does not establish that the Board’s finding was incomplete.

The Appellant’s argument also overstates the significance of one statement in the HRG analysis. HRG’s review was directed primarily to compliance with the SOIS and the effect of the proposed ADU on the historic resource. Even if one sentence in the report suggests that the ADU would be differentiated from the existing residence or would not physically attach to it, the report as a whole does not support the Appellant’s position. To the contrary, HRG’s ultimate conclusion was that the Project does not comply with the applicable standards because there is not enough room on the property to accommodate the ADU as designed without impairing the view of the historic resource and negatively affecting the spatial relationship that characterizes the property.

The Board was entitled to read the consultant’s analysis as a whole and rely on its ultimate conclusions rather than isolate a single statement divorced from the report’s overall findings.

More fundamentally, neighborhood compatibility under CDP Review Criterion 6 (LBMC Section 25.07.012(F)) is not delegated to HRG. HRG’s role was to evaluate the Project’s effect on the historic resource. The ultimate determination regarding visual compatibility with the surrounding area was for the Board to make based on the full administrative record, including the staff report, plans, photographs, public testimony, site visits, and its own observations of the neighborhood context. The Board expressly did so. Chair Gibbs stated that he walked the area and found the relevant visual context to be middle and lower Chiquita, where the proposed ADU would be visually prominent and inconsistent with the established streetscape. Other Board members concurred with that conclusion. That determination falls squarely within the Board’s discretion.
81 81 of 478
-8- Reso. #26.XXX
The record also supports the Board’s determination that the Project would not maintain neighborhood development patterns. As set forth in both the staff report and Resolution No. 2026- 0148, the proposed Project would exceed maximum allowable building site coverage, and the Municipal Code allows modification of that standard only where necessary to preserve views or maintain neighborhood development patterns. The Board found that the Project does neither.

Finally, Tthe Appellant characterizes the Board’s finding as “woefully incomplete,” but the record demonstrates the opposite. The issue of neighborhood compatibility was the subject of staff analysis, public testimony, expert input, and Board deliberation. Nearby property owners raised concerns regarding the Project’s scale, massing, and effect on the streetscape. The HRG representative testified that the proposed placement would negatively affect the relationship of the property to the street and surrounding neighborhood. The Heritage Committee recommended denial, in part based on mass, scale, and neighborhood compatibility. The Board then discussed the visual character of the area and concluded that the proposed ADU would not be compatible with the surrounding development pattern. That is precisely the type of evidence-based, discretionary determination the Board is charged with making. 82 82 of 478
-9- Reso. #26.XXX
Finally, there are seventy-two (72) historic properties in the general North Laguna area.

Out of these seventy-two (72) properties, there are zero (0) with an ADU constructed in front of the historic resource. Thus, this Applicant’s proposed project would have been the first and only time that a historic structure in North Laguna had an ADU constructed in front of the historic structure – blocking he historic resource. During the public hearing at the May 13, 2026, meeting, the Applicant reiterated his position that relocating the ADU to a location on the Property that may be more in line with neighborhood compatibility and in a location that does not block the historic resource was not acceptable to him. Citing a desire for an ocean view, the Applicant explained that the only location and design he would agree to was a two-story ADU in the front yard area of the Property that ensured oceans views from the ADU. Thus, the City Council’s offer to allow the Applicant to re-locate and re-design the ADU was rejected by the Applicant.

2. “Misplaced Reliance on Erroneous City-Procured Consultant Report: It is clear that the DRB based its findings on errors contained in the City-procured HRG consultant reports.

The earlier 2023 Sapphos report found that a two-story ADU project was consistent with Secretary of the Interior Standards for historic preservation. That report analyzed a larger structure than what was considered by the DRB. A core factual inconsistency between the 83 83 of 478
-10- Reso. #26.XXX
reports, leading to the divergent conclusions, is that the Sapphos report states that the significant characteristics of the home are the upper story windows and cross-gabled roof… Mr. Lukoff’s belief is that the historically significant features of the property as he understood it were the upper story windows and cross-gable roof. This is consistent with Sapphos’ opinion. Mr. Lukoff’s position is also grounded in a 2013 historical report for the property, contained in City records, that the City of Laguna Beach relied on for a prior addition to Mr. Lukoff’s property. The GPA report found that on the front façade of the property, the pergola, first floor window, porch, and main entry door “are non-character defining.” On the other hand, the City’s consultant incorrectly asserts that Mr. Lukoff’s entire front façade is historical, including the 1960s or later modifications made to the front entry. As Mr. Lukoff stated at the DRB hearing, during prior discussions of Mills Act rehabilitation projects, the City had asked Mr. Lukoff to modify front entry door, first-floor picture window, porch, and pergola to make them more historically compatible. This provides further evidence of the City’s understanding that these are not historically significant features. Starting from a faulty understanding of the historically significant characteristics of the property leads to faulty analysis and conclusions regarding potential compliance with Secretary of Interior Standards. The through line for the historic reports is that the significant features of the property are the upper story windows and cross-gable roof. Mr. Lukoff’s design preserves way more than 50% of the views of these significant features, meeting the Secretary of the Interior Standards. Also, in terms of discussing Mills Act requirements, it is important to consider the contract terms as they were at the time the contract was commenced and not 17 years later. See, e.g., King v. Dep’t of Navy, 130 F.3d 84 84 of 478
-11- Reso. #26.XXX
1031, 1033 (Fed. Cir, 1997). This includes Mr. Lukoff’s obligations regarding preservation of the significant features of the historic residence. Extrinsic evidence is available to aid in contract interpretation when contract terms may be ambiguous. See, e.g., Beta Sys. v.

The Mills Act, which is a State statutory program, creates, among other things, a quid pro quo between the property owner and the City. In exchange for a significant reduction in property taxes (which functions as a taxpayer subsidy due to the relevant government taxing entities foregoing what would otherwise be property tax revenue from the Property), the Property Owner 85 85 of 478
-12- Reso. #26.XXX
must comply with explicit provisions in the Mills Act contract related to protecting and preserving the historic resource. In pertinent, the Mills Act contract (Section 3) requires the following:
“A. Owners shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character-defining features, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City.

D. The following are prohibited: Demolition of the house or garage; exterior alterations or additions not in keeping with the standards listed above; dilapidated, deteriorating or unrepaired structures such as fences, roofs, doors, walls and windows; storage of scrap lumber, junk, trash, debris, discarded or unused objects such as cars, appliances or furniture; stagnant water and unfilled excavations; any other device, decoration or structure which is unsightly by reason of its height, condition or inappropriate location.”
(emphasis added)
These provisions make clear that the entirety of the structure (windows, doors, mass, porch) is subject to protection – not just certain portion as argued by the Appellant. Further, protecting the 86 86 of 478
-13- Reso. #26.XXX
view of this historic resource is also explicitly enshrined in the Mills Act contract via the prohibition against fences, trash, debris, unused cars or other structure that is unsightly. Part of the contractual agreement between the City and the Appellant (once again in exchange for a substantive reduction in property tax) is to ensure the aesthetic and view of the historic property.

Constructing a two-story ADU directly in front of the historic resource would not be consistent with the above provisions.

The Board found that the Project did not comply with the following applicable provisions of the Certified LCP and the Historic Resources Element.

LBMC Chapter 25.45.010 Procedures for alteration of a historic resource: “Prior 88 88 of 478
-15- Reso. #26.XXX
to the issuance of a building permit to remodel or alter any historic resource, City staff shall review the proposed changes to determine if the proposal is consistent with the design review criteria, the Secretary of the Interior’s Standards (SOIS) or the City’s Local Design Guidelines.”
Here, HRG evaluated the Project and determined in the HRG Report and Supplemental HRG Report the proposed Project did not comply with the Secretary of Interior Standards.”
The record does not support the conclusion that the Board’s reliance on the HRG reports was misplaced or erroneous. To the contrary, the Board considered multiple historic evaluations, including the Sapphos report, the HRG peer review, and HRG’s updated memorandum, and exercised its discretion in weighing those materials alongside the applicable regulatory framework.

Second, the Appellant’s argument improperly narrows the scope of historic analysis to a 89 89 of 478
-16- Reso. #26.XXX
limited set of individual architectural features, such as upper-story windows and the cross-gabled roof, while minimizing the importance of broader contextual and spatial characteristics that are expressly protected under the SOIS. The Secretary of the Interior’s Standards do not limit preservation to isolated architectural elements; rather, they require that new construction be compatible with the historic property’s setting, massing, scale, and spatial relationships. Standard 2 requires that the historic character of a property be retained and preserved, including the property’s distinctive materials, features, spaces, and spatial relationships. Standard 9 further requires that new additions and adjacent construction not destroy historic materials or alter spatial relationships that characterize the property.

Third, the Appellant’s reliance on the 2013 GPA report is misplaced. That report was prepared in connection with a prior project involving alterations to the existing residence and addressed a different scope of work. While it may have identified certain elements of the front 90 90 of 478
-17- Reso. #26.XXX
façade as non-character-defining for purposes of that project, it does not follow that the entire front yard area or the visual relationship between the residence and the street is non-historic or may be disregarded in evaluating new construction. Historic resource analysis is context-specific, and the question before the Board was not whether individual façade elements are historic, but whether the placement of a new structure would adversely affect the integrity of the historic resource as a whole.

Fourth, the Appellant’s argument that the Project preserves “more than 50%” of views of certain features does not establish compliance with the SOIS. The SOIS do not establish a quantitative threshold for visibility, nor do they permit partial obstruction of a historic resource based on a percentage calculation. The relevant inquiry is whether the proposed new construction would impair the ability to perceive and understand the historic resource and its relationship to its setting. Substantial evidence in the record, including the HRG reports, staff analysis, and Board observations, supports the conclusion that the proposed ADU would obscure a majority of the primary elevation of the residence and materially alter its spatial relationship to the street. The 91 91 of 478
-18- Reso. #26.XXX
Board did not find that maintaining a view of the residence’s roofline and a portion of its second floor met the applicable criteria under SOIS. The Board found that the Project substantially impaired the view of the primary façade of the historic resource.

Fifth, with respect to the Mills Act, the Appellant asserts that the contract should be interpreted based on the understanding of significant features at the time of execution in 2009.

Accordingly, the City Council finds that the Board’s reliance on the HRG reports was appropriate and supported by substantial evidence. The presence of differing consultant opinions does not invalidate the Board’s findings, and the record supports the conclusion that the proposed Project does not comply with the SOIS or the requirements applicable to a designated historic 92 92 of 478
-19- Reso. #26.XXX
resource under the Mills Act and the City’s Local Coastal Program.

Lukoff’s application as “incomplete” to extort peer review fees for consultant reports that had been obtained prior to the submission of the application to conduct a regulatory taking.

In order to more fully develop this argument, we are awaiting the results of Public Records Act requests 2026-0149 and 2026-0150. Indeed, with regards to Mr. Lukoff’s ADU application, there was constant turnover of staff assigned to the project, each of whom made different demands, to which Mr. Lukoff responded by submitting revised plans for a 93 93 of 478
-20- Reso. #26.XXX
smaller structure. City Staff consistently moved the goalposts and made demands that are not permitted under Gov. Code § 65943, which applies to ministerially handled projects.

The record does not support these assertions, and, more importantly, the issue of application completeness was not the basis for the Board’s denial of the Project.

The Board confirmed that it would “evaluate this project as if the application was complete,” and the denial was based entirely on the Project’s failure to meet required findings under the CDP criteria, the LCP, building site coverage provisions, and the SOIS. Accordingly, even if there were a dispute regarding completeness under the PSA, it would not affect the validity of the Board’s decision, which rests on independent substantive grounds.

Additionally, the Appellant’s characterization of the City’s request for additional information as improper or coercive is not supported by the record. The City’s use of peer review consultants, including HRG, is a standard and widely accepted practice for projects involving historic resources, and is also the City’s standard practice. Such review ensures that the City has sufficient technical expertise to evaluate compliance with preservation standards and does not constitute an improper or unlawful requirement. Indeed, the City does not have a qualified 95 95 of 478
-22- Reso. #26.XXX
architectural historian on staff.1 The Appellant voluntarily proceeded with the application knowing that the Project would be subject to review under the LCP and the City’s historic preservation regulations.

The Applicant has dealt with the same planner and same set of applicable zoning regulations since the last major design change proposed by the Applicant on July 2, 2025.2 The 1 The City does not have staff that meet the Secretary of the Interior’s Professional Qualification Standards as defined in 36 CFR, Part 61. As such, the City regularly retains qualified architectural historians to perform historic assessments. In those cases where an applicant commissions the preparation of a historic assessment, it is not solely City staff that reviews and verifies the information. For the same reason as above, the City will retain a qualified architectural historian to peer review the information and make a professional recommendation to City staff and ultimately, to the decision-making authority. This process is no different than for other technical disciplines, including but not limited to biology, hydrology, traffic engineering, and geotechnical. 2 On July 2, 2025, new plans were submitted by the Applicant’s new designer for the Project, Bill Dickey. This iteration of the project was a significant departure from the prior design, with changes including the removal of the elevated deck from the scope and the addition of a replacement carport. 96 96 of 478
-23- Reso. #26.XXX
current planner deemed this design’s application incomplete and indicated that a staking plan was required on August 1, 2025. When the Applicant resubmitted, a staking plan was not provided, and as such, the City was unable to deem the application complete. In this case, a staking plan was requested due to the proposed excess building site coverage and the potential for public coastal view impacts.

Finally, the Appellant’s argument that the City’s decision to process the application through a Board hearing demonstrates that the application must have been complete is incorrect.

The City explicitly stated that it was proceeding with a merits-based review to avoid potential procedural complications related to statutory timelines, not because it had conceded completeness.

Processing an application for public hearing under these circumstances does not waive the City’s position regarding completeness nor does it establish a violation of the PSA.

Regarding the standard of adverse effect, both case law and recent Coastal Commission appeals, applied a significance standard. For adverse impact to apply, there must be significant impact to coastal resources. Pub. Res. Code § 30250(a); LT-WR v. California Coastal Commission (2007), 152 Cal.App.4th 770, 797-99 (evaluating adverse impacts according to a significance standard). See, e.g., Appeal No. A-6-PEN-23-0053 (not significant adverse impact when project blocked “fleeting” views from public roadway); Appeal No. A-6-DMR-22-0034 (found that an obstructed view from a certain point does not constitute substantial view impact because the view is unobstructed once the individual moves along); City of Laguna Beach Coastal Development Permit 2025-0036 (finding lack of significant adverse effect when one can walk five yards away and see the protected ridgeline). In the case of the proposed action, while there would be minor view blockage of a peripheral view if a person is standing in a particular spot on Chiquita Street, there would be no view blockage a few steps further up the street. Also, Chiquita Street is a residential street and not an arterial road or one of the protected main view corridors of Coast Highway or Laguna Canyon Road under the City’s Open Space and Conservation Element of the LCP. There is no stoplight at the intersection of Chiquita Street on Coast Highway. Members of the public are not likely to be using Chiquita Street except for visiting the homes on this street. Also, the primary view from the public street is down Chiquita Street, which opens onto Crescent Bay, and not across Mr. Lukoff’s property.

Taking the DRB’s decision, that Mr. Lukoff’s proposed ADU creates an adverse effect because of slight public view curtailment, would preclude most development in Laguna 98 98 of 478
-25- Reso. #26.XXX
Beach, making it impossible for the City to meet its housing obligations under the Housing Accountability Act and Housing Element. If Mr. Lukoff’s project were ineligible for a CDP based on public view impacts, it would be difficult in many ways to allow development in this City at all. Thus, the DRB’s action is legally insufficient because it failed to apply the required analysis under the Coastal Act, which would have resulted in a different conclusion.”
City Council’s Response
The Appellant asserts that the Board failed to apply a legally required “significance” threshold in evaluating impacts to coastal scenic resources and that any potential view obstruction associated with the Project is minor, localized, and therefore insufficient to support denial of a CDP application. The Appellant further argues that applying the Board’s reasoning regarding “minor” coastal view blockage broadly would preclude most development within the City.

The proposed development will, however, adversely affect coastal scenic resources.

The City’s Land Use Plan has policies for visual and scenic resources. The City identifies that the principal focus concerns property situated adjacent to the major transportation 99 99 of 478
-26- Reso. #26.XXX
systems in the City (i.e., Laguna Canyon Road and Pacific Coast Highway) since it is along those roadways that a majority of residents and non-residents view the community and have visual access to scenic corridors.3
The Open Space and Conservation Element, which is part of the City’s certified LCP, defines visual resources, including coastal visual resources or “coastal scenic resources” as shoreline features or the natural appearance of the coast, and hillside visual resources as undeveloped hillside lands:

Hillside Visual Resources: Nearly 30% of the City consists of undeveloped hillside lands. These lands support a great diversity of visual resources, with prominent exposure from both public and private property. Generally, these features include: (1) unique topographic forms - vertically exposed rock faces, bluffs, headlands and noticeably steep slopes; (2) unique vegetative forms, including stands of oak, sycamore and eucalyptus trees, and riparian or canyon land plant communities; (3) natural watercourses and associated canyon bottoms; (4) special land features such as prominent ridgelines, 3 Public Resources Code Section 30251, which is cited above, allows for greater protection of highly scenic areas. 100
100 of 478
-27- Reso. #26.XXX
escarpments and rock outcroppings; and (S) visual edges or boundaries consisting of contrasting features where rock outcroppings may meet with surrounding vegetation or man-made features such as roads and buildings.
(OSCE, p. 33.) The OSCE further states that “an important aspect of hillside and coastal land features is their visibility from public roadways”—supporting that the OSCE does apply to the Project. (OSCE, p. 35.) Further, the City implements the following policy in its OSCE: 7-A Preserve to the maximum extent feasible the quality of public views from hillsides and along the city’s shorelines. (OSCE, p. 35.) Here, the proposed ADU will be 16 feet in height, the maximum allowed height for detached ADUs per Laguna Beach Municipal Code Section 25.17. Due to the ADU’s proposed location and height, some ocean views from the public right-of-way are affected by the structure. While story poles have not been installed on site due to refusal of the Applicant, photos show that there will be negative impacts to the ocean and coastline from Chiquita.”
The record does not support the Appellant’s assertions. The Board properly applied the applicable CDP criteria under the City’s certified LCP, and its findings regarding adverse impacts to coastal scenic resources are supported by substantial evidence.

First, the applicable standard for CDP review is set forth in Laguna Beach Municipal Code Section 25.07.012(F)(3), which requires a finding that “[t]he proposed development will not adversely affect… coastal scenic resources.” The LCP does not require a separate or explicit “significance threshold” analysis as framed by the Appellant, nor does it limit the City’s discretion to only deny projects that result in severe or complete obstruction of views. Rather, the City is 101
101 of 478
-28- Reso. #26.XXX
required to evaluate whether a proposed development adversely affects coastal visual resources, including public views of the ocean and coastline, and to preserve those views to the maximum extent feasible pursuant to the Open Space and Conservation Element (“OSCE”).

Accordingly, the Board properly considered the visibility of the historic residence from the public right-of-way in conjunction with impacts to public ocean views. In essence, the Board highlighted the combination of the historic resource with ocean views as the coastal scenic resource. Comparing it to a piece of art in a pedestrian plaza with an ocean view backdrop, the Board discussed in depth this resource. This analysis does not expand the definition of coastal resources, but reflects a reasonable application of the LCP’s requirement to evaluate visual impacts 102
102 of 478
-29- Reso. #26.XXX
to both natural and built elements that contribute to the coastal setting. The LUE is a component of the City’s certified LCP, and pursuant to CDP Finding No. 1, the City must find that a proposed project is in conformity with all applicable provisions of the LCP in order to approve a CDP.

Third, the Appellant’s characterization of Chiquita Street as an insignificant or purely residential roadway is not determinative. The OSCE makes clear that visibility from public roadways generally—not only major arterials such as Pacific Coast Highway or Laguna Canyon Road—is relevant in evaluating coastal visual resources , as it recognizes that an important aspect of coastal visual resources is their visibility from the City’s roadways.4 While those corridors may 4 OSCE, Topic 7 (Visual Resources) (“An important aspect of hillside and coastal land features is their visibility 103
103 of 478
-30- Reso. #26.XXX
be of particular importance, the LCP does not exclude residential streets from consideration.

In sum, the Board applied the correct legal standard under the City’s LCP and reasonably concluded, based on substantial evidence, that the proposed ADU would adversely affect coastal from public roadways.”).
104
104 of 478
-31- Reso. #26.XXX
scenic resources. The Appellant has not demonstrated that the Board failed to apply the proper analysis or that its findings lack evidentiary support.

5. “Misunderstanding of Coastal Resources: While Gov. Code § 66329 holds that the provisions of the Coastal Act (and processing for CDPs) applies to ADUs, the State ADU law applies on non-coastal matters such as historic resources, building setbacks, and lot coverage that are not protected by the Coastal Act. The DRB erroneously claimed “coastal resources” of items clearly outside the purview of the Coastal Act or City’s LCP in reaching its decision to deny Mr. Lukoff’s project. Resolution 2026-0148 erroneously holds that the project be denied because Mr. Lukoff’s historic home is a “coastal scenic resource.” To the contrary, under the Coastal Act and Laguna Beach’s LCP, a historic home is not a coastal scenic resource. There is no express definition provided within the LCP or Coastal Act of “coastal resource,” aside from temporary use CDPs, where coastal resources are defined within LBMC 25.07.006, as “public access opportunities, visitor and recreational facilities, water-oriented activities, marine resources, biological resources, environmentally sensitive areas, agricultural lands, and archaeological or paleontological resources.” Furthermore, the 1984 Laguna Beach Coastal Land Use Plan Technical Appendix discusses scenic or visual resources as “views from public areas such as highways, beaches, parks and vista points,” with a main focus being “property situated adjacent to the major transportation systems in the city, i.e., Laguna Canyon Road and Pacific Coast Highway, since it is along these roadways that a majority of residents and non-residents view the community and have visual access to scenic corridors.” Furthermore, neither the CDP review criteria under LBMC § 25.07.012(F) nor the CDP 105
105 of 478
-32- Reso. #26.XXX
findings at (G) expressly mention historic properties. It is obvious that the City’s Historic Resources Plan is not part of the City of Laguna Beach’s Local Coastal Plan. The DRB’s analysis in deliberation and Resolution 2026-0148 is legally erroneous because historic properties are not contemplated within the concept of a coastal scenic resource.

For the DRB to characterize Mr. Lukoff’s property as otherwise constitutes a physical invasion of Mr. Lukoff’s property by the City, as such a designated by the City in a public hearing actively encourages the public to enter Mr. Lukoff’s property. Interestingly, this finding made by Chair Gibbs was not included in the adopted Resolution 2026-0148 of March 12, 2026. This calls into question the consistency of the resolution with the Board’s decision and understanding of the project. The DRB’s failure to correctly understand what is or is not a coastal scenic resource is further indication that the decision of the DRB was unreasonable, invalid, and an abuse of discretion.”
City Council’s Response
106
106 of 478
-33- Reso. #26.XXX
The Appellant asserts that the Board misapplied the Coastal Act and the City’s LCP by improperly characterizing the subject historic residence as a “coastal scenic resource” and, further, by referencing the property as a “recreational or visitor-serving facility” during deliberations. The Appellant contends that these interpretations are legally erroneous and outside the scope of coastal resource protection. The record does not support that contention.

As it relates to the Board’s determinations regarding the Project’s impacts to an irrefutable historic resource,5 the Project was appropriately reviewed for consistency with the City’s certified 5 In 2009, at the Applicant’s request, the existing single-family residence on the subject Property was placed on the 107
107 of 478
-34- Reso. #26.XXX
LCP, which requires consideration of such impacts. The City is located within the coastal zone, and development within the coastal zone must comply with the Coastal Act and the City’s certified LCP. Government Code section 66329 expressly provides that nothing in the State ADU law supersedes or lessens the effect or application of the California Coastal Act of 1976. (See Gov.

25.07.008(A)(1)(a).) Here, the Project proposes a new detached ADU and therefore requires a CDP.

Specifically, the Board found that the Project did not comply with the following applicable provisions of the Certified LCP:

General Plan Land Use Element Policy 2.2 - Encourage the preservation of City’s Historic Register and the Applicant entered into a Mills Act contract with the City. 108
108 of 478
-35- Reso. #26.XXX
historically significant residential structures and protect the character-defining components of Laguna Beach’s traditional neighborhoods.

LBMC Chapter 25.45.010 Procedures for alteration of a historic resource: “Prior to 109
109 of 478
-36- Reso. #26.XXX
the issuance of a building permit to remodel or alter any historic resource, City staff shall review the proposed changes to determine if the proposal is consistent with the design review criteria, the Secretary of the Interior’s Standards (SOIS) or the City’s Local Design Guidelines.”
Here, HRG evaluated the Project and determined in the HRG Report and Supplemental HRG Report the proposed Project did not comply with the Secretary of Interior Standards.

The Appellant’s broader argument—that historic resources are categorically outside the scope of coastal resource protection under the Coastal Act and the City’s LCP—is also unpersuasive. Section 30253 of the Coastal Act explicitly calls out “special communities and neighborhoods that, because of their unique characteristics, are popular visitor destination points.” Previous Coastal Commission decisions as well as case law all support the idea that historic resources are afforded some protection under the Coastal Act. This is further supported by the City’s certified LCP – which has policies meant to protect historic resources. The City’s LCP includes adopted policies that expressly protect historically significant structures, neighborhood character, and the visual setting of historic resources. Those policies are part of the certified LCP and are therefore applicable in CDP review.
110
110 of 478
-37- Reso. #26.XXX
Moreover, the Coastal Commission staff has expressly found that historic resources fall squarely within the coastal resource protections of the Coastal Act and the City’s LCP.6 On August 11, 2020, the City Council adopted LCP Amendment No. 17-0388 related to the City’s historic preservation program, which amended the Municipal Code, the General Plan, and the City’s Residential Design Guidelines. Amendment for these modifications was required to be certified by the Coastal Commission. On February 10, 2022, the Coastal Commission approved the LCP amendment (LCP-5-LGB-20-0051-3) with certain modifications, which were adopted by the City Council later that year. In the Coastal Commission staff report prepared for this hearing, the report makes clear that in no uncertain terms, the Coastal Act and the City’s LCP expressly address the preservation of historic resources:
“The policies cited below are the relevant policies with regard to preservation of historic resources:

The Coastal Land Use Plan Technical Appendix segment of the certified LUP expressly incorporates the following Coastal Act policies regarding historic preservation and community character:

Section 30251 states:

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 to and along the ocean and scenic coastal areas, to minimize the alteration of natural land forms, to be visually compatible with the 6 See CCC Appeal A-5-LGB-12-091 where the Coastal Commission contemplated and affirmed the historic resource protection provisions of the City’s LCP. 111
111 of 478
-38- Reso. #26.XXX
character of surrounding areas, and, where feasible, to restore and enhance visual quality in visually degraded areas. New development in highly scenic areas such as those designated in the California Coastline Preservation and Recreation Plan prepared by the Department of Parks and Recreation and by local government shall be subordinate to the character of its setting.

The Land Use Element of the certified LUP contains the following policies:

Action 1.1.13 states: Encourage preservation of historic structures and adaptive reuse of buildings.

Policy 2.2 Encourage the preservation of historically significant residential 112
112 of 478
-39- Reso. #26.XXX
structures and protect the character-defining components of Laguna Beach's traditional neighborhoods.

Policy 3.1 Promote development that is compatible with the pedestrian-oriented village character of the downtown (e.g., small lot sizes and height limitations).

Action 3.1.1 Consider adopting appropriate incentives for small 113
113 of 478
-40- Reso. #26.XXX
commercially zoned lots to encourage a continuation of historic development patterns of small buildings on small lots. Examples of such incentives could include relaxed parking and setback standards.

Policy 3.2 Encourage expansion of the village character, as defined in the Downtown Specific Plan, to other commercial areas of the City.

Action 3.3.3 Consider the establishment of a land trust or other mechanism to purchase historically significant and special commercial structures.

Action 5.1.3 Promote preservation of historic structures and adaptive reuse of existing buildings.
…
Historical resources range from architecturally significant historic buildings and collections of buildings or residences that form distinctive neighborhoods to those associated with important persons or events in Laguna Beach’s history. As noted in the 114
114 of 478
-41- Reso. #26.XXX
Laguna’s Design Guidelines – A Guide to Residential Development: “The preservation of local landmarks, historical development patterns, diversity of design and pedestrian scale have contributed to Laguna’s village atmosphere[.]”
The certified LUP has expressly incorporated Coastal Act Section 30251, which requires, in relevant part, that permitted development be sited and designed to be visually compatible with the character of surrounding areas. In addition, the LUE of the LUP contains policies and actions that encourage the preservation of historic structures and adaptive reuse of buildings (Action 1.1.13 and 5.1.3); encourage the preservation of historically significant residential structures and protect the character-defining components of Laguna Beach’s traditional neighborhoods and commercial neighborhoods (Policy 2.2 and 3.3); promote development that is compatible with the village character of the downtown (e.g., small lot sizes, pedestrian orientation, eclectic mix of architectural styles, etc.) (Policy 3.1); and encourage expansion of the village character to other commercial areas (Policy 3.2). Moreover, the LUE defines neighborhood character as 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. …
Additionally, it should also be noted that impacts to community character will continue to be determined on a case-by-case basis through the coastal development permit process. Therefore, these proposed changes to the IP will not be inconsistent with the LUP regarding the protection of character and impacts to historic 115
115 of 478
-42- Reso. #26.XXX
resources.”
(Coastal Commission staff report dated January 21, 2022 and posted to the February 10, 2022 Coastal Commission meeting agenda.)7 (Emphasis added.) This Coastal Commission staff guidance confirms that historic preservation policies within the City’s certified LCP are valid and relevant considerations in CDP review. As explained above, Chapter 25.45 (Historic Preservation) is a part of the City’s certified LCP and Chapter 25.45, explicitly reference the Mills Act and the contractual arrangements for property owners to obtain a reduction in property taxes in exchange for historic resource protection/maintenance.

In sum, the record does not demonstrate any misunderstanding of coastal resources by the Design Review Board. The references made during deliberation to visitor-serving concepts were 7 The staff report may be accessed here: https://documents.coastal.ca.gov/reports/2022/2/Th9b/Th9b-2-2022- report.pdf
116
116 of 478
-43- Reso. #26.XXX
not adopted as findings and did not form the basis for denial. The actual basis for denial, as stated in Resolution No. 2026-0148, was the Project’s inconsistency with applicable provisions of the City’s certified LCP, including policies protecting historic resources and their visual setting. For that reason, the Appellant has not established that the Board’s decision was unreasonable, invalid, or an abuse of discretion.

Lukoff proposed a detached ADU that abides by 4-foot side and rear setbacks, is under 800 square feet, and is no taller than 16’ in height from the finished floor. However, the Board imposed lot coverage standards to deny the project, claiming that the 48% lot coverage was greater than the 42.88% lot coverage for the R-2 zone and purporting to deny the ADU project on that basis. The discussion captured during the February 26, 2026 and March 12, 2026 DRB hearings, as well as Resolution 2026-0148, provide a clear indication that the City is applying subjective standards and not objective standards to Mr. 117
117 of 478
-44- Reso. #26.XXX
Lukoff’s project. Under Gov. Code 66313(i), “‘objective standards’ means standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant ... and the public official prior to submittal.” Even where Gov. Code § 66323(a) by-right approval does not apply, in evaluating an application under Gov. Code § 66314(b)(1), a city may only “[i]mpose objective standards on accessory dwelling units that include, but are not limited to, parking, height, setback, landscape, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any real property that is listed in the California Register of Historic Places” (emphasis added). A listing under the City’s Historic Register is not a listing on the California Register of Historic Places. In fact, in review of the California Register of Historic Places, within the City of Laguna Beach, only the Museum of Art, Mariona, and St. Francis Catholic Church are listed, not the subject property. See, California Historic Resources, available at https://ohp.parks.ca.gov/
ListedResources/?view=county&criteria=30 (last visited Mar. 10, 2026). The fact that the City seeks to deny Mr. Lukoff’s ADU project based on dueling consultant reports that come to different conclusions shows that the DRB is applying subjective, and not objective standards. Furthermore, the DRB’s decision is based on zoning standards that State ADU Law supersedes. The processing of Mr. Lukoff’s application also raises an Equal Protection issue under the Fourteenth Amendment. Mr. Lukoff appears to have been singled out for disparate treatment by having had his application heard by the Design Review Board when ADUs are mandated to be ministerially processed under Gov. Code § 118
118 of 478
-45- Reso. #26.XXX
66317(a). Under LBMC § 25.07.012(D), when only a CDP is required, such as a ministerially approved ADU, the CDP decision is within the purview of the Director of Community Development, not the Design Review Board. The DRB’s decision is inconsistent with a recent project at 239 Viejo St. where the City permitted demolition of a historic home that contained the same historically significant characteristics (upper story windows and cross-gable roofline) as Mr. Lukoff’s home as well as the project at 320 North Coast Hwy. (the former Madison Square & Garden Café) that blocks the front façade of a historic cottage. Furthermore, Moreover, the City is not following the requirements of Gov.

Code § 66317(b), which states, If a permitting agency denies an application for an accessory dwelling unit pursuant to subdivision (a), the permitting agency shall, within the time period described in subdivision (a), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant. Additionally, “No local ordinance, policy, or regulation, other than an accessory dwelling unit ordinance consistent with this article shall be the basis for the delay or denial of a building permit or a use permit under this section” per Gov. Code § 66317(d). The City’s proposed action violates both of those State ADU Law requirements. The City proposes to issue Mr. Lukoff a blanket denial based on non-coastal and non-ADU ordinance bases with no direction on how Mr. Lukoff could remedy any purported defective items, which is an issue that Mr. Lukoff raised during his testimony before the DRB. The City appears to take a position that Gov. Code § 66329(a) allows the City to impose the provisions of the ordinary zoning code to deny ADU projects based on lot coverage and front yard setbacks. For instance, staff has made the assertion 119
119 of 478
-46- Reso. #26.XXX
that because the City’s entire zoning code is incorporated wholesale into the LCP, the City escapes the requirements of State ADU Law entirely since it can use of the standard provisions of the zoning code to prevent ADU construction. However, it is clear that the State ADU Law governs non-Coastal Act aspects of a project. For instance, under Gov.

Under canons of statutory construction, a statute that speaks to a specific matter applies over a general statute. Additionally, the State ADU Law “shall supersede a conflicting local ordinance.” Gov. Code § 66325. Here, although the City can consider coastal impacts under the Coastal Act per Gov. Code § 66329(a), the City is abusing its authority to assert that on issues not contemplated by the Coastal Act, that the LCP can wholesale override provisions of the State ADU Law. For instance, the City directed Mr. Lukoff to submit a project with a 21’ front yard setback, and then obtained the HRG historic consultant to state in their report that the proposed ADU is too close to the existing residence. If Mr. Lukoff had been able to submit with a 13’ – 15’ front yard setback as permitted under Gov. Code § 66323(a)(2) and (b), this would allow for increased spacing from the existing home, since under this provision, front yard setbacks cannot be applied 120
120 of 478
-47- Reso. #26.XXX
to deny an ADU project for up to 800 square feet. Even more telling is that whilst other cities have sought review of their ADU laws by the California Department of Housing and Community Development as required by Gov. Code § 66326(a), the City of Laguna Beach does not appear to have done so with either Ord. 1713 or Ord. 1715, which were passed after the enactment of Gov. Code § 66326.”
City Council’s Response
The Appellant asserts that the City failed to comply with the Permit Streamlining Act and State ADU Law by subjecting the Project to discretionary review, applying subjective standards, and relying on zoning provisions—such as building site coverage—that are allegedly preempted by State law. The Appellant further contends that the Project qualifies for ministerial approval and that the City improperly imposed additional requirements and procedures, including review by the Board.

Here, the Project required a CDP due to its location within the coastal zone and its potential to affect coastal scenic resources and a designated historic resource. The City is cognizant of its obligations under both the Coastal Act and State ADU law. In pertinent, the City’s decision-makers attempt to harmonize these two statutory mandates in such a way that protects coastal resources while complying with State ADU laws designed, in part, to combat the State’s housing crisis. This attempt at harmonization was best demonstrated by the City Council’s exploration of a different design or location of the ADU on the Property. This was done with the purpose of protecting the historic resource on the Property and other coastal resource while trying to ensure the Appellant could create another dwelling unit in the form of an ADU on the Property. Specifically, possible alternative designs and locations include adding an ADU above the existing garage and/or expanding the ADU into the driveway to ensure sufficient square footage. However, the Appellant rejected these possible solutions as the only acceptable design for the Appellant was a two-story ADU in the front yard to ensure ocean views from the ADU. The City’s obligations under the Coastal Act and its LCP and State ADU laws do not mandate unfettered discretion to the Appellant to cite the ADU anywhere he desires irrespective of existing historic and coastal resources on the Property.

As Because of the clear application of the Coastal Act (and the City’s LCP) to thesuch, the Project, it is is not eligible for purely ministerial approval, and the City is required to evaluate the Project under the applicable CDP findings, including visual compatibility, impacts to coastal scenic resources, and consistency with General Plan and historic preservation policies incorporated into the LCP. The involvement of the Board in this process is consistent with the City’s 122
122 of 478
-49- Reso. #26.XXX
implementation of its LCP and does not conflict with State ADU Law. The City Council furthermore incorporates the City Council response to Contention No. 5 regarding historic resource protections in the LCP and Coastal Act in this response to Contention No. 6.

Accordingly, even if certain zoning standards were not dispositive, the Project would still fail to meet required CDP findings.

Fourth, the Appellant’s reliance on Government Code Section 66321(b)(3) and related provisions is misplaced in the context of the coastal zone. While State ADU Law limits the 123
123 of 478
-50- Reso. #26.XXX
application of certain local development standards, it does not override the Coastal Act or the City’s certified LCP. The Coastal Act is a separate and independent statutory framework that the Legislature has expressly preserved. As explained above, Tthe City is therefore obligated to harmonize State ADU Law with Coastal Act requirements., and where a conflict exists, Coastal Act provisions govern development within the coastal zone.. The City has not “wholesale overridden” State ADU Law; rather, it has applied the appropriate statutory framework for a coastal development project. As one example, the City allows certain ADU projects to qualify for an exemption from the ADU parking requirement, consistent with state ADU law.

Sixth, the Appellant’s claim of disparate treatment and Equal Protection violations is not supported by the record. The examples cited by the Appellant involve materially different properties, regulatory contexts, and project characteristics. With respect to 239 Viejo Street, the project involved demolition of an existing duplex that was expressly determined not to be a historic resource and did not qualify for listing on either the California Register or the City’s Historic Register. Accordingly, no Mills Act contract or Secretary of the Interior’s Standards applied, and 124
124 of 478
-51- Reso. #26.XXX
there was no requirement to preserve the visibility or spatial relationships of a designated historic resource. In contrast, the subject property is a designated historic resource subject to a Mills Act contract that remains in effect, where preservation of character-defining features and their public visibility are core considerations. Further, the Appellant left mid-deliberations and did not avail himself to the potential iterative process where the Board explores possible project modifications in an attempt to meet the required findings.

These distinctions are critical. Land use determinations are inherently site-specific, and the subject property’s combination of a Mills Act-designated historic resource, its location within the coastal zone, and the proposed placement, massing, and scale of the ADU present a unique set of facts not present in the cited examples. As such, the City’s decision-making in this case reflects a reasoned application of applicable standards rather than disparate or arbitrary treatment. 125
125 of 478
-52- Reso. #26.XXX
Seventh, with respect to Government Code Section 66317(b), the requirement to provide written comments identifying deficiencies applies to ministerial ADU applications. As discussed above, the Project is not subject to purely ministerial approval due to the need for a CDP.

Finally, the Appellant’s suggestion that the City has failed to comply with State requirements for ADU ordinance review by the Department of Housing and Community Development (“HCD”) is not relevant to the validity of the Board’s decision on this Project. The issue before the City Council is whether the Board properly applied applicable law to the Project as proposed. The record demonstrates that it did. Nevertheless, Ordinance No. 1713, which currently governs the regulation of ADUs and JADUs, was adopted as an urgency measure in accordance with Government Code Sections 65858 and 36937. Under applicable law, a city may adopt an urgency ordinance that becomes effective immediately upon adoption without Coastal Commission certification when the ordinance does not conflict with the Coastal Act and does not authorize a use other than those already permitted under the City’s certified Local Coastal Program (“LCP”). (Conway v. City of Imperial Beach (1997) 25 Cal.App.4th 78, 88–89.) The City has also submitted a corresponding non-urgency ordinance to the Coastal Commission, which was transmitted in April 2025 and remains pending. Because the City has a certified LCP, the nonurgency ordinance cannot take effect unless and until it is certified by the Coastal Commission. It 126
126 of 478
-53- Reso. #26.XXX
is anticipated that this certification process will address applicable requirements of both the Coastal Commission (with respect to LCP amendments) and HCD (with respect to approval of the City’s ADU ordinance).

7. “Misunderstanding of CEQA: The DRB deliberations and Resolution 2026-1048 also show a misunderstanding of CEQA. The Board alleges that the project could not be approved on the basis that a Class 3 (Small Structures) categorical exemption may not apply because of the historic home. The DRB ignored that under SB 131, which creates the “near miss” category of CEQA processing, a City-registered historic home is not a barrier to the project under CEQA. Since the historic home is the only purported condition that could potentially render the project ineligible, the City would not need to conduct a full initial study or EIR and instead limited to analysis of the potential effects of the action on the historic property. Pub. Res. Code § 21080.1(b) (2025). Furthermore, had the Board fully analyzed the potential effects on the historic property in line with the GPA and Sapphos reports, the Board would have concluded that the CEQA Class 3 (Small Structures) categorical exemption would apply.”
127
127 of 478
-54- Reso. #26.XXX
City Council’s Response
The Appellant asserts that the Board misunderstood and misapplied the California Environmental Quality Act (CEQA), specifically with respect to the applicability of a Class 3 categorical exemption and recent statutory changes under Senate Bill (“SB”) 131. The Appellant contends that the presence of a historic resource does not preclude use of a categorical exemption and that, at most, limited environmental review would be required. This argument is not relevant to the validity of the Design Review Board’s action and is not supported by the record.

Under SB 131, “housing development projects”, as defined, that narrowly fail to qualify for any CEQA exemption due to a single disqualifying condition need only review those environmental effects caused solely by that condition, which substantially reduces the scope of the CEQA review. Here, however, the Project does not qualify under SB 131. Section 65589.5 of the Government Code includes the following definition of a “housing development project”:
“(h) The following definitions apply for the purposes of this section: . . . (2)“Housing development project” means a use consisting of any of the following:
(A) Residential units only.”
(emphasis added)
The plain language of the statute and its use of the plural “residential units” means the project must be creating more than just one residential unit; indeed, the term of art, "housing development project" contemplates one project that is developing a use of at least two residential units. Thus, for a project like this one – with an existing use of one unit and the development of a 128
128 of 478
-55- Reso. #26.XXX
use of a second unit (i.e., the ADU) – SB 131 would not apply, as the only “residential unit” being developed or created is the ADU and thus it is not a project consisting of “residential units only.” As a matter of due diligence on a separate matter regarding this same definition but under the context of the Housing Accountability Act (“HAA”), on November 5, 2025, City staff submitted a request for technical assistance from the California Department of Housing and Community Development (“HCD”) on this very issue of whether the HAA applies to a project that only involves an addition to an existing single-family home and an ADU.

While CEQA was not determinative here, the Board’s discussion regarding the applicability of a categorical exemption was not incorrect. CEQA Guidelines Section 15300.2(f) provides that a categorical exemption cannot be used where a project may cause a substantial adverse change in the significance of a historical resource, as was found to be the case with the proposed Project. The Project site contains a designated historic resource subject to a Mills Act contract, and the record—including the HRG reports and staff analysis—supports the conclusion that the proposed ADU would adversely affect that resource by altering its spatial relationship to the street and obscuring a substantial portion of its primary elevation. Under these circumstances, the potential applicability of the historical resource exception to a categorical exemption is a valid consideration.

Lukoff’s property rights. The Fifth Amendment to the U.S. Constitution, and Art. 1, Sec. 130
130 of 478
-57- Reso. #26.XXX
19(a) of the California Constitution guarantee the right to just compensation in the event of a physical or regulatory taking of private property. Unless just compensation is provided to Mr. Lukoff by the City, the DRB’s actions are unconstitutional pursuant to the threepart framework established in Penn Central Transportation Co. v. New York City (1978) 483 U.S. 104, 124, based on economic impact, investment-backed expectations, and the character of the government action. The Board seems to believe that Mr. Lukoff consented to waive his Fifth Amendment rights when he signed onto the Mills Act because of the tax break associated. Mr. Lukoff received consideration of tax breaks under the Mills Act to provide for the upkeep and maintenance of his historic property. The Fifth Amendment standard for a taking is “just compensation,” not a tax break. By entering into the Mills Act contract, Mr. Lukoff did not receive just compensation and did not consent to a taking of his property rights under the State ADU Law or development rights of an R-2 zoned property, contrary to the Design Review Board’s assertion. First, the economic impact is substantial. Resolution 2026-0148 and the deliberations of the DRB effectively foreclose not only the ADU as proposed, but signals that no ADU would be permitted on Mr. Lukoff’s property at all, thereby depriving Mr. Lukoff of a significant and expressly authorized residential use on an R-2 zoned lot that otherwise allows multiple dwelling units.

Additionally, as Mr. Lukoff plans to age in place, his current residence may not be adequate. Thus, Mr. Lukoff’s proposed ADU is instrumental to his aging-in-place plan.

Second, the DRB’s denial directly interferes with reasonable, investment-backed expectations. Mr. Lukoff purchased the property prior to the Mills Act designation, and as he stated during the DRB hearing, the property was in serious disrepair. Based on the Real 131
131 of 478
-58- Reso. #26.XXX
Property Report obtained from the City at the time of purchase, Mr. Lukoff formed the understanding he would be able to construct a dwelling unit on the property. Mr. Lukoff later relied on State ADU Law to develop a compliant detached ADU. The Mills Act does not provide cover for the City to conduct a regulatory taking of Mr. Lukoff’s property rights under State ADU Law. Mr. Lukoff purchased the property in 2007 and entered into a Mills Act contract in March 2009. Mr. Lukoff used the benefits of the Mills Act to rehabilitate a dilapidated property. There is no clause in the Mills Act contract that waives Mr. Lukoff’s rights to improve his property, as long as he complies with the terms of the contract. For instance, while he is prohibited from demolition of the house or exterior alterations not within Secretary of the Interior Standards. Here, the proposed ADU is for a detached structure that does not physically alter or add onto the existing Mills Act residence, which is why Mr. Lukoff applied for a detached instead of an attached ADU. Since Mr. Lukoff bought the property with the intention and understanding of developing a second unit, the DRB’s action interferes with his reasonable, investment-backed expectations. Third, the character of the governmental action strongly favors a finding of a taking. First, the DRB’s categorization of Mr. Lukoff’s home as a “recreational, visitor-serving facility” encourages the public to trespass a physical invasion of Mr. Lukoff’s property to tour Mr.

Lukoff’s historic property.7 Rather than a general land use regulation evenly applied, the City has engaged in ad hoc, discretionary decision-making, including shifting application requirements, reliance on conflicting consultant analyses, and the imposition of subjective criteria and non-ADU standards to single out and deny this project, effectively “weaponizing” the Local Coastal Program and historic designation to preclude otherwise 132
132 of 478
-59- Reso. #26.XXX
lawful residential development. Furthermore, as discussed above, the obligations under the Mills Act contract are fixed at the time of contract in 2009 and not as the City would like them to be in 2026. Thus, in terms of the Mills Act, Mr. Lukoff is held to the preservation of the significant features of his home as it was in 2009, which did not include the first-floor window, pergola, porch, or entry door. Taken together, these factors demonstrate that the City’s action goes beyond legitimate regulation and instead operates as the functional equivalent of a taking, depriving the owner of core property rights without just compensation in violation of the Fifth Amendment.” City Council’s Response
The Appellant asserts that the Design Review Board’s denial of the proposed Coastal Development Permit constitutes an unconstitutional regulatory taking under the Fifth Amendment to the U.S. Constitution and Article I, Section 19 of the California Constitution, applying the framework established in Penn Central Transportation Co. v. New York City (1978) 438 U.S. 104.

The City Council incorporates by reference the City Council’s response to Contention No. 5 regarding recreational and visitor-serving facilities.

Here, the subject property is currently developed with a single-family residence that remains fully usable and occupied. The denial of a Coastal Development Permit for a detached ADU does not deprive the owner of all economically viable use of the property, nor does it prohibit continued residential use consistent with the underlying R-2 zoning. The property retains substantial value and utility, and the owner is not deprived of fundamental property rights.

Accordingly, the threshold for a categorical taking is not met.

The property continues to function as a residential property, and the denial of one particular configuration of development does not rise to the level of a compensable taking.

Importantly, the Mills Act contract is a voluntary agreement entered into by the property owner in exchange for significant property tax benefits. As explained above, Tthat contract 134
134 of 478
-61- Reso. #26.XXX
expressly requires preservation of the historic resource in accordance with the Secretary of the Interior’s Standards and applicable City regulations. Compliance with these standards necessarily constrains future development on the property as the quid pro quo for tax benefits. Thus, the owner’s expectations that this Property is identical to every other R-2 zoned property without a Mills Act contract is not accurate and the expectations for future development must therefore be understood in the context of these voluntarily accepted obligations. The assertion that no ADU would be permitted is not accurate as other options or configurations could have been explored by the Appellant – but were not. In fact, the Appellant explicitly declined the offer from the City Council to explore alternative design or location for the ADU (i.e., possible ADU on top of the existing garage and/or extended out along the existing driveway). Citing his desire for a two-story ADU in the front yard area to ensure an ocean view, the Appellant was only amenable to a design and location that was consistent with his goal.

The Design Review Board’s action represents a routine exercise of the City’s police power to regulate land use in furtherance of legitimate public purposes, including protection of coastal resources, preservation of historic structures, and maintenance of neighborhood character. The denial is based on adopted policies and standards within the certified LCP, including Coastal Development Permit criteria, General Plan policies, and Municipal Code provisions. 135
135 of 478
-62- Reso. #26.XXX
The Appellant’s assertion that the Board’s characterization of the property as a “recreational or visitor-serving facility” resulted in a physical invasion is not supported by the Resolution. While individual Board member comments during deliberation may have referenced the broader public interest in historic resources, Resolution No. 2026-0148 does not designate the property as a public facility, nor does it authorize or encourage public access to private property.

The legal findings supporting denial are grounded in coastal visual resource protection, historic preservation standards, and zoning compliance—not in any reclassification of the property’s use.

Finally, the Appellant’s contention that the denial forecloses all future ADU development on the property is speculative. The Board evaluated a specific proposal based on its siting, massing, and relationship to the historic resource and surrounding context. The denial does not preclude the possibility that a revised project, designed to comply with applicable standards, could be considered in the future. And to reiterate, the Appellant left mid-way through the Board’s deliberations. This is often when the various Board members float possible project modifications to an applicant to flesh out feasibility of changes and agreement by the Applicant in an attempt to get to approval. While it cannot be said with certainty that for this proposal, the Board would have gotten there for this Project, the Appellant’s decision to purposefully leave the meeting middeliberation vitiated any chance at this process and belies his claim of a taking. 136
136 of 478
-63- Reso. #26.XXX
In sum, the denial of Coastal Development Permit 2026-0148 does not constitute a regulatory taking. The property retains viable economic use, the owner’s expectations are constrained by applicable and voluntarily accepted regulations, and the City’s action represents a lawful exercise of its land use authority. Accordingly, the Appellant’s takings claim does not provide a basis to overturn the Design Review Board’s decision.

Finding No. 1: The project is in conformity with all the applicable provisions of the certified local coastal program, including the following review criteria:

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

There are no known marine resources, environmentally sensitive areas, or archaeological or paleontological resources on the Project site and therefore the Project will not adversely affect 137
137 of 478
-64- Reso. #26.XXX
marine resources, environmentally sensitive areas, or archaeological or paleontological resources.

3. The proposed development will not adversely affect recreational or visitor-serving facilities or coastal scenic resources.

There are no recreational or visitor-serving facilities within 0.25 mile of the Project site.

The Project site is in a developed residential area of the City. Therefore, the Project will not adversely affect recreational or visitor-serving facilities.

Hillside Visual Resources: Nearly 30% of the City consists of undeveloped hillside lands.

These lands support a great diversity of visual resources, with prominent exposure from both public and private property. Generally, these features include: (1) unique topographic forms - vertically exposed rock faces, bluffs, headlands and noticeably steep slopes; (2) unique vegetative forms, including stands of oak, sycamore and eucalyptus trees, and riparian or canyon land plant communities; (3) natural watercourses and associated canyon bottoms; (4) special land features such as prominent ridgelines, escarpments and rock outcroppings; and (S) visual edges or boundaries consisting of contrasting features where rock outcroppings may meet with surrounding vegetation or man-made features such as roads and buildings. (OSCE, p. 33.) The OSCE further states that “an important aspect of hillside and coastal land features is their visibility from public roadways”—supporting that the OSCE does apply to the Project. (OSCE, p. 35.) Further, the City implements the following policy in its OSCE: 7-A Preserve to the maximum extent feasible the quality of public views from hillsides and along the city’s shorelines. (OSCE, p. 35.)
Here, the proposed ADU will be 16 feet in height, the maximum allowed height for detached ADUs per Laguna Beach Municipal Code Section 25.17. Due to the ADU’s proposed location and height, some ocean views from the public right-of-way are affected by the structure.

4. The proposed development will be sited and designed to prevent adverse impacts to 139
139 of 478
-66- Reso. #26.XXX
environmentally sensitive habitats and scenic resources located in adjacent parks and recreation areas, and will provide adequate buffer areas to protect such resources.

The closest environmentally sensitive area is mapped 0.8 mile east. The closest parks and recreation areas to the Project site are Crescent Bay beach, located 0.3 mile southwest and Laguna Coast Wilderness park, located 0.5 mile northeast. While coastal scenic resource views will be impacted as discussed in criteria 3, there is sufficient buffer area to protect resources contained in the identified adjacent parks and 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.

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.

As explained above (and incorporated by this reference and the reference in Section 3 140
140 of 478
-67- Reso. #26.XXX
above), the historic home is on Due to the historic home’s placement on the City’s Historic Register, subject to a Mills Act contract, and the home itself is also considered a coastal resource.

The City’s historic consultant has determined in the HRG Report and Supplemental HRG Report that the size of the ADU and its placement on the site would cause it to block views of the historic home. The Project does not preserve the historic integrity of the existing single-family residence nor does it comply with the existing Mills Act contract. HRG reviewed the Project and determined it did not comply with the Secretary of Interior Standards “because there is not enough room on the property to accommodate the ADU as designed without impairing the view of the historic resource and negatively impacting the spatial relationship that characterizes the property.” As explained in more detail below, this is inconsistent with Chapter 25.45 of the City’s Zoning Code (which is part of the City’s Certified LCP). Further, out of the seventy-two (72) historic properties in the north Laguna Beach area, zero (0) have and ADU constructed in front of the historic structure. Thus, as proposed, this ADU would be the singular ADU constructed in all of North Laguna in front of a historic property, blocking the historic resource.

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.

Therefore, the development will not have any adverse impacts on any known archaeological or paleontological resource.

8. The proposed development will be provided with adequate utilities, access roads, drainage and other necessary facilities.

The Project involves the construction of a detached two-story ADU. The Project site is 141
141 of 478
-68- Reso. #26.XXX
currently served by existing utilities, access roads, drainage, and other necessary facilities. Given the scope of the proposed development (a 799 square foot ADU), it is anticipated that the existing infrastructure can accommodate the ADU 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.

As explained above (and incorporated by this reference and the reference in Section 3 above) the City attempts to harmonize its obligations under the Coastal Act (and its LCP) and State ADU law. Despite efforts to suggest possible design or location modifications, the Appellant refused to modify his existing design/location (to keep the ocean view from the ADU). Thus, as proposed, and in light of State ADU law, the The project is not consistent with all applicable policies of the Certified LCP.

Here, the Project does not preserve the historic integrity of the existing single-family 142
142 of 478
-69- Reso. #26.XXX
residence. The property owner has received a significant incentive in the form of a reduced property tax rate as a result of their participation in the Mills Act program. A condition of this incentive is compliance with the Secretary of Interior Standards. HRG reviewed the Project and determined it did not comply with the SOIS “because there is not enough room on the property to accommodate the ADU as designed without impairing the view of the historic resource and negatively impacting the spatial relationship that characterizes the property.” General Plan Historic Resources Element - Goal #1: Preserve and enhance buildings and structures of historic significance in Laguna Beach. Assure that neighborhoods which have a preponderance of older homes and which greatly contribute to the village atmosphere be maintained as cohesive neighborhood units through consistency of size, scale and character.

Here, the Project does not preserve the historic integrity of the existing single-family residence. The property owner has received a significant incentive in the form of a reduced property tax rate as a result of their participation in the Mills Act program. A condition of this incentive is compliance with the Secretary of Interior Standards. HRG reviewed the Project and determined it did not comply with the SOIS “because there is not enough room on the property to accommodate the ADU as designed without impairing the view of the historic resource and negatively impacting the spatial relationship that characterizes the property.” Open Space and Conservation Element Policy 12-C: Development adjacent to a place, structure or feature found to be of historical significance shall be designed so that the uses permitted and the architectural design will protect the visual setting of the historical site.

Here, the proposed ADU would not protect the visual setting of the historical site in that it would be placed in front of the existing residence, altering the spatial relationship that characterizes 143
143 of 478
-70- Reso. #26.XXX
the property. The existing residence was constructed at the rear of the parcel and has approximately a 50-foot setback from the street. Placing the ADU within the setback will remove a space that has been historically open since the residence was constructed in 1925. In addition, because the ADU will be located 10 feet from the existing residence it will obscure a majority of the view of the residence from the street.

Here, the existing building site coverage is 36%. The maximum building site coverage for the site is 42.88%. The Project, which consists of an ADU, will cause the building site coverage to be 48%, which exceeds the maximum building site coverage. The added building site coverage is not the result of preserving views or maintaining neighborhood development patterns and therefore the findings to modify the maximum building site coverage cannot be made. 144
144 of 478
-71- Reso. #26.XXX
Finding No. 2. Any development located between the sea and the first public road paralleling the sea is in conformity with the certified local coastal program and with the public access and public recreation policies of Chapter 3 of the Coastal Act.

The Project site is not located between the sea and the first public road paralleling the sea and therefore this finding is inapplicable.

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.

SECTION 4. The City Council hereby denies the Appeal and sustains the Design Review 145
145 of 478
-72- Reso. #26.XXX
Board’s determination on the Project, as reflected in this Resolution and Design Review Board Resolution No. 2026-0148, which such rResolution is incorporated herein by this reference.

ADOPTED this 2613th day of May, 2026.

Mark Orgill, Mayor
ATTEST:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

City Clerk, City of Laguna Beach, CA
146
146 of 478
Edwin C. Kisiel, Esq.

Kisiel Law
1205 Victory Walk
Laguna Beach, CA 92651
(949) 549-9076
[email protected]
25 May 2026
City of Laguna Beach
City Council
505 Forest Avenue
Laguna Beach, CA 92651
Re: 26 May 2026 Agenda Item # 14 – City Council Appeal & Draft Revised Resolution APN: 053-124-18
Application: CDP 2026-0148
Address: 238 Chiquita Street
Dear City Council Members:

In support of Mr. Lukoff’s appeal to request that the City Council set aside the Design Review Board’s (“DRB”) 12 March 2026 decision to deny Coastal Development Permit 2026-0148 for a proposed accessory dwelling unit (ADU) at 238 Chiquita Street in the City of Laguna Beach (the “property”), we submit this letter in advance of the 26 May 2026 public hearing for consent agenda item # 14. We note that May 26th will constitute the fifth public hearing for this project.1 We thank City Council for their time to listen to our point of view by reviewing all of the materials submitted in the file, and hearing from us in the 13 May 2026 public hearing. We also thank City Council for confirming that Mr. Lukoff has a right to an ADU on his property2 and that it is not fair for Mr. Lukoff to not have an ADU3 on his R-2 lot. However, it is still very apparent that there are fundamental differences between the City’s position and Mr. Lukoff’s position that are not resolved by City Council’s actions on the appeal.

Mr. Lukoff understands that the City of Laguna Beach is in a unique position as a coastal jurisdiction and that there are necessary coastal resource protection policies that apply to new development in order to ensure that we protect the coastal and marine environment under the Coastal Act that make Laguna Beach special. This is the basis of the Coastal Act Savings Clause at Gov.

Code § 66329. However, there is a major dispute between Appellant’s understanding of what constitutes “other development standards” and “coastal resources” under the City’s ADU Ordinance and the City’s position. Mr. Lukoff’s position is grounded in a plain language reading of the City’s ADU ordinance that applies to this project (which has been incorporated into the City’s Local Coastal Program (LCP)). Furthermore, even within the Coastal Act Savings Clause, Gov. Code § 66329(a) specifically mandates not only 60-day ministerial approval but explicitly that the City render a decision for a CDP for an ADU application within 60 days. This is a mandatory metric the City failed to meet, evidenced by the timeline shown in staff’s presentation. 1 See, Gov. Code § 65909.5. 2 City Council Hearing Video (13 May 2026), at 3:37:05. 3 Id., at 3:37:45. 147 of 478
2 Overall, the revised draft resolution does not address Mr. Lukoff’s contentions in the appeal.

Moreover, the revised draft resolution still does not address the interplay between the ADU Ordinance and the rest of the LCP, including the key provision from LBMC § 25.17.040(D) that “other development standards do not apply.” For example, the draft revised resolution continues to uphold the DRB’s decision regarding “the separate finding required to justify excess building site coverage”4 when that is a development standard that clearly does not apply (and not a coastal resource protection policy) based on a plain language reading of the City’s ADU ordinance.

Furthermore, the structure of the draft resolution makes clear that the neighborhood compatibility finding is being used as a backdoor to impose the very development standards that LMBC §

25.17.040(D) proscribes and not for coastal resource protection.

We submit this letter to discuss identified procedural irregularities at the 13 May 2026 public hearing and to comment on the resolution proposed on the consent agenda for the 26 May 2026 City Council hearing. We hope that City Council will re-open the matter to address the procedural and substantive deficiencies and overturn the DRB’s denial of Mr. Lukoff’s ADU.

Revised Draft Resolution Continues to Not Address the Contentions in the Appeal The revised draft resolution still does not address the contentions in the appeal based on the facts and law as they apply. As is indicated in the administrative record, the City has not successfully demonstrated how subjective standards of mass or view impairment apply, and even if they did, subjective standards are not being reasonably applied. For the “visual compatibility” finding, the DRB cherrypicked 2-3 homes on “middle and lower Chiquita” Street,5 out of the 21 properties total on the block and ignored the 2-story and 3-story properties on the block that did not suit the DRB’s pre-determined outcome. Applicable subjective standards are also not reasonably applied as compared to other historic properties such as 239 Viejo Street. City Council members did not conduct a site visit to understand the context for themselves. Mr. Lukoff’s property is an R-2 lot where a second unit is expected, and other neighbors on this block have developed their properties accordingly. This raises the specter of unconstitutional regulatory taking of property rights, as stated in the appeal.

As was discussed at the City Council hearing, it is apparent in the administrative record and does not appear to be in dispute by the City, the proposed ADU meets all applicable objective standards under the State ADU Law and the City’s ADU Ordinance (and LCP). The ADU maintains 4’ or greater side and rear setbacks and is 16’ total height and is even sunk 1’ into the ground. The ADU also maintains the minimum separation required from other structures. Furthermore, the applicable standard is height, not stories. No provision in the ADU Ordinance precludes a two-story ADU that meets the objective design standards. This objective compliance is confirmed by this email screenshot from the City planner to designer Bill Dickey:
4 Draft Revised Resolution 8.
5 Id. at 7.
148 of 478
3 Procedural Irregularity Regarding Applicable Standard of Review There is a key discrepancy regarding the standard of review for the appeal that affects the legal legitimacy of City Council’s action, materially prejudiced Mr. Lukoff’s case, fatally flawed the appeal proceedings, and raises new matters of denial of due process. In the City Attorney-reviewed staff report prepared for the hearing, the applicable standard of review is characterized as LBMC §

25.05.070(E)(1). Please see the excerpt from the Staff Report6:

On the other hand, during the May 13, 2026 staff presentation, Mr. Viera briefed the City Council members that the applicable standard of review came from LBMC § 25.05.070(E)(3),7 as shown on City staff’s slide presentation:
6 Staff Report 3 (13 May 2026).
7 City Council Hearing Video (13 May 2026), at 2:50:59. 149 of 478
4 This discrepancy is a fatal flaw because it goes to the legal framework under which the appeal was evaluated. Under the LBMC § 25.05.070(E)(1) standard of review stated in the Staff Report, the City Council is not limited to the grounds specifically stated in the notice of appeal and is not confined to the evidence presented to the DRB (emphasis added). However, under the LBMC §

25.05.070(E)(2)(b) standard of review briefed to City Council by Mr. Viera at the public hearing, the City Council is limited to the grounds specifically stated in the notice of appeal and is confined to the evidence presented to the DRB (emphasis added). This is a direct contradiction.

While the Design Review Board rendered the decision subject to appeal, the decision was not a “design review application” that would trigger LBMC § 25.05.070(E)(2) but was rather solely a Coastal Development Permit application (for which appellant continues to object to having been heard by Design Review Board in the first instance). An ADU application, standing alone, is not a “design review application” for purposes of fee assessment but is its own category. Since the standard of review was misstated to the decision-makers, and the City Council was provided with two inconsistent standards of review by City Staff, the entire analytical framework underlying the City Council’s deliberation is compromised. Moreover, it appears that City staff understood that they could submit new evidence, to include the slide presentation of 72 other historic homes in the North Laguna neighborhood.

It appears that City Council was influenced by Mr. Viera’s statement of the standard of review during the presentation. There was no discussion by City Council regarding concerns raised and evidence provided by the appellant’s team questioning the reliability of the HRG consultant’s report, including historic consultant Carrie Chasteen’s 8 May 2026 memorandum and testimony at the public hearing. Additionally, the appellant’s team prepared its pre-hearing materials and its hearing presentation on the basis that the applicable standard of review, as expressed prior to the meeting in the Staff Report (reviewed by the City Attorney’s office) was LBMC § 25.05.070(E)(1), which materially prejudiced appellant’s ability to make its case. This ambiguity in the applied 150 of 478
5 standard of review not only further demonstrates the City’s lack of good faith and fair dealing under the Mills Act contract but also constitutes a Constitutional due process violation.

Cited Coastal Commission Decisions Do Not Support Claim of Historic Structures as Coastal Resources
There is still no support for the City’s position that historic preservation is a coastal resource protection policy. It is the Appellant’s position that the provisions of LBMC Chapter 25.45 on historic preservation fall into the category of proscribed “other development standards” that do not apply to this project instead of the “coastal resource protection policies” that continue to apply under LBMC § 25.17.040(D). At the 13 May 2026 public hearing, City Staff indicated, without further discussion, that the Coastal Commission cases of Appeal A-5-LGB-12-091 and Appeal A-3-SCO-08- 036 supported the City’s claimed position that historic structures are coastal resources. However, neither of these cases come to this conclusion, nor does the recent Appeal A-3-PGR-27-0007.

It is clear from Appeal A-3-SCO-08-036 that historic resource protection is not a mandatory coastal resource protection policy for a certified LCP. An LCP can be certified without historic resource protections (as Santa Cruz County’s LCP was) and in the absence of historic resource protections, the Coastal Commission will not apply the historic preservation portion of the code in its analysis. This demonstrates that historic preservation in and of itself is not coastal resource protection. Instead, the Coastal Commission considered whether a historic oceanfront inn on a bluff in a state of disrepair was integral to community character under Pub. Res. Code § 30253 and concluded it was not. Appeal A-5-LGB-12-091 stands for the proposition that if a historic preservation ordinance is incorporated in an LCP, the Coastal Commission will enforce it. However, this case does not equate historic preservation with coastal resource protection, and it did involve an ADU where the ordinance proscribes application of other development standards. Appeal A-3-PGR27-0007 found that alteration to a historic structure for an attached ADU complied with Secretary of the Interior standards. This distinction appears to be understood in the draft revised resolution, discussing “historic and coastal resources” as two different categories.8 A further distinguishing factor is that all of these cases involve demolition or physical alteration to a historic structure and not a detached accessory structure. Also tellingly, the Coastal Act’s resource protection provisions (Chapter 3) do not list historic buildings. The Coastal Act’s resource protection provisions address marine resources (Pub. Res. Code § 30230, et. seq.), environmentally sensitive habitat (Pub. Res.

Code § 30240), agricultural lands (Pub. Res. Code § 30241), and archaeological/paleontological resources (Pub. Res. Code § 30244). Historic structures are not listed. Mr. Lukoff’s design meets the intent of Pub. Res. Code § 30250 and § 30251 since it is infill development, does not substantially impact public ocean views, and is a visually compatible design.

The plain language interpretation of LBMC Chapter 25.45 is as a development standard and not a coastal resource protection policy. LMBC § 25.45.010 construes it as “Procedures for alteration of a historic resource” and provides for staff review of proposed changes to determine consistency with “the design review criteria, the Secretary of the Interior's Standards (SOIS) or the City's Local Design Guidelines.” Design review criteria, design guidelines, and SOIS are quintessential development standards, not coastal resource protection policies. Furthermore, the City’s current position would render the language at LBMC § 25.17.050(E) as meaningless surplusage (since it would have been captured under LBMC Chapter 25.45), which is contrary to canons of statutory interpretation. Additionally, Appellant’s position is in line with proposed 8 Draft Revised Resolution 48.
151 of 478
6 guidance from the Coastal Commission, which expresses an understanding that coastal resource protection standards in an LCP are those “related to protecting habitat, ensuring that new development will minimize risks from flooding or other coastal hazards, or height limits that protect public coastal views.”9 Historical resources are absent from the Coastal Commission’s understanding of coastal resources.

Furthermore, the ADU ordinance must be interpreted based on the plain meaning of its terms in light of the original intent of the City Council at that time. With regards to historic preservation, the ADU ordinance at LBMC § 25.17.050(E) provides that “ADUs and/or JADUs within or proposed to be within a structure listed on the California Register of Historic Resources or the City's Register shall meet all Secretary of the Interior Standards, as applicable” (emphasis added). This provision applies SOIS only to ADUs within a historic structure—i.e., conversions of or additions to the historic building itself. Mr. Lukoff's proposed ADU is a detached structure that does not physically alter the historic residence. Thus, under the applicable ADU ordinance, the SOIS would clearly apply to City Council’s suggested approach of a garage conversion JADU but no such application to a detached ADU that does not alter the existing residence. LBMC § 25.17.040(E)(3)(e) identifies what constitutes a “resource” for imposing greater setbacks on non-guaranteed allowance ADUs “as necessary to protect the resources, consistent with the requirements of the certified Local Coastal Program. Resources may include, but are not limited to, hazardous areas, environmentally sensitive areas, wetlands, public views, and public trails and accessways.” Again, historic structures are not listed. This reflects the intent of the City Council at the time that historic resources were not considered coastal resources. The plain language reading of the City’s own ordinance therefore does not require SOIS compliance for a detached ADU on the same lot as a historic resource.

Additionally, the record of adoption of the ADU Ordinance and the LCP Amendment does not establish support for the City’s now-claimed position that historic structures are coastal resources.

Material Misrepresentations of Fact Within the Draft Revised Resolution The draft revised resolution contains several misrepresentations of fact that compromise the integrity of the proceedings and raise additional due process violations. The three most egregious include (1) misrepresentation of the alternative design revision discussed during the hearing;10 (2) misleading facts regarding other historic homes in the North Laguna area;11 and (3) mischaracterization of the Bill Dickey-designed ADU as “unsightly.”12 The draft revised resolution misrepresents the alternative design revisions that were “offered” to the Appellant during the hearing. The draft revised resolution states that “possible alternative designs and locations include adding a second-story ADU above the existing garage and/or expanding the ADU into the driveway to ensure sufficient square footage” which is misrepresented as an “offer” the Appellant is characterized as having “explicitly declined”13 The testimony reveals that there was no such offer made by the City Staff or City Council. Even if this was what had been 9 California Coastal Commission, Draft SB 1077 Guidance 4 (13 April 2026); see also, id. at 5 (stating that “Some LCPs may contain side or front yard setback requirements or other design standards that conflict with State ADU Law and that are not necessary to protect coastal resources (e.g., they are not needed to protect public access, wetlands, or public view corridors),” excluding discussion of historic resources from this category). 10 Draft Revised Resolution 48, 61. 11 Id. at 9, 67. 12 Id. at 12-13. 13 Id. at 48, 67. 152 of 478
7 offered, it would not be possible to construct even a 150 square foot minimum size ADU in this location due to the imposition of the mandatory 4’ side yard setback as the existing garage has zero setback from the side property line.14
Instead, Mr. Lukoff was offered a LBMC § 25.17.040(D)(2) “garage conversion” at the hearing by City Staff.15 No City Council members performed a site visit of the property prior to the 13 May 2026 hearing. If they had conducted a site visit, they would have seen that Mr. Lukoff has a single-car garage with zero setback from the side property line with interior dimensions of 10’ width and 16’ 8” long. This 166 square foot space is barely more than the minimum allowable size for an efficiency ADU under the ADU Ordinance and State ADU Law and would not be functional to provide the required facilities for a full ADU, much less a Junior ADU (which is not allowed for a garage conversion under the ADU Ordinance). Moreover, this “offer” constitutes 20% of the living space sought under the proposed 799 square foot detached ADU and is 19% of the permitted 850 square foot “guaranteed allowance” under LBMC § 25.17.040(D)(1). Furthermore, the “offer” on the record under LBMC § 25.17.040(D)(2) would be denying Mr. Lukoff of a “guaranteed allowance” detached ADU under LBMC 25.17.040(D)(1) and would explicitly require compliance with SOIS, which likely constitutes another bait-and-switch operation by the City and further compounds the due process violations. Instead, Mr. Lukoff offered an alternative during the hearing, which went ignored by City Staff and City Council, that would have disregarded the illegally imposed 21-foot front yard setback and create greater spatial distance between the historic home and the proposed detached ADU, likely satisfying HRG’s expressed concerns.

City Staff used a misleading statistic during the staff presentation and in the draft revised resolution that claims there are 72 historic homes in North Laguna with zero detached ADUs in the front yard.16 However, this fails to account for the number of historic homes that actually have sufficient front yard setback to accommodate a detached ADU. As Carrie Chasteen’s presentation and memorandum makes clear, and a site visit would have made clear as well, other properties do not have the 50-foot setback that Mr. Lukoff’s property has. Thus, this is an unreliable statistic and should City Council rely on this for a basis of denial, would further demonstrate abuse of discretion.

Finally, the draft revised resolution misconstrues the Bill Dickey-designed detached ADU as “unsightly” and thus a violation of the Mills Act17 when there is no evidence in the record to support such a finding. All of the involved historic consultants, including the City’s preferred consultant HRG, found that the design of the ADU would be a compatible design and differentiated from the existing historic residence.

Furthermore, even if the City’s position regarding compliance with SOIS (which contradicts the plain language meaning of LBMC Chapter 25.17) were valid (which Appellant contends it is not), the HRG report fails to provide substantial evidence for the City’s denial of the project. The Heritage Committee proceedings disregarded HRG’s basis of contention under SOIS #4 that the 1960s modifications to the front façade of the home constituted character-defining features. That analysis 14 South Coast Remodels, Plans 3 (existing and proposed site plan). 15 City Council Hearing (13 May 2026), at 2:52:10 (“garage conversion” or “single story for additional square footage in front of garage” by Anthony Viera); City Council Hearing Video (13 May 2026), at 3:39:10 (“use of the garage” by Megan Garibaldi); City Council Hearing (13 May 2026), at 3:43:37 (“garage conversion” by Matt Schneider).
16 Draft Revised Resolution 9, 67. 17 Id. at 12-13.
153 of 478
8 appears to have carried forward to the DRB in that the discussion only focused on SOIS #2 and SOIS #9. However, HRG’s findings regarding SOIS #4 are integral to and inseparable from its findings regarding SOIS #2 and SOIS #9 based on the later, non-character defining alterations to the first level of the property. The City’s disregard of HRG’s findings regarding SOIS #4 as a basis for denial also brings into question the reliability of HRG’s analysis by infecting all of the other findings, rendering HRG’s documentation unreliable and lacking substantial evidence. Even though HRG’s representative was available at the City Council public hearing and had the benefit of Ms. Chasteen’s memorandum and public testimony, HRG remained silent. The only reliable and substantial evidence regarding the proposed ADU’s compliance with SOIS is the 2023 Sapphos report, the 8 May 2026 memorandum from Ms. Chasteen, and Ms. Chasteen’s testimony at the 26 May 2026 public hearing. This issue was not discussed or resolved by City Council or the draft revised resolution.

Failure to Discuss How the Application Can Be Remedied
The draft revised resolution continues the same failure to tell the Appellant how the application can be remedied to secure approval. LBMC § 25.17.030(C)(4) provides: “If the city denies an application for an ADU or JADU, it shall provide a full set of comments with the denial listing the items that are defective or deficient and shall describe how the application can be remedied by the applicant” (emphasis added). The Resolution provides a blanket denial with no description of how the application can be remedied. This violates the City's own ordinance — which is part of the certified LCP.

The draft revised resolution’s response to this contention asserts that § 25.17.030(C)(4) (which mirrors Gov. Code § 66317(b)) “applies to ministerial ADU applications” and that the Project is not subject to ministerial approval due to the CDP requirement. This argument fails for several reasons. First, LBMC § 25.17.030(C)(4) contains no limitation to ministerial applications. It says “if the city denies an application for an ADU or JADU” then it is required to provide a pathway to remedy—there is no qualifier based on ministerial approval. Second, the LBMC § 25.17.030(B)(1) acknowledges that ADUs in the coastal zone require CDPs but does not exempt CDP-track ADUs from the remedy requirement. The ordinance was drafted with full knowledge that most Laguna Beach ADUs would require CDPs. The remedy requirement serves the same purpose regardless of the review track. It ensures that applicants know what they need to do to obtain approval, rather than receiving a blanket denial with no path forward. Here, even City Council’s guidance in deliberation to submit a SOIS-compliant application does not meet the requirement because multiple historic consultants from Sapphos and Alta concluded that this project does meet SOIS.

It is clear that from the City’s perspective, the only way to remedy the application is to obtain the subjective approval of HRG (which is not the same as SOIS compliance), which is being used to prevent development of a guaranteed allowance ADU. HRG did not submit materials present at the 13 May hearing, even though City staff noted an HRG representative was present for deliberations.

HRG also ignored outreach efforts from Appellant’s counsel on 22 April seeking resolution.

Throughout the process, Mr. Lukoff and designer Bill Dickey recurrently met with City staff, successfully addressed all of the City’s requested revisions and each time met the additionally imposed requirements by new planners. However, this is an exercise in futility, as the City has never provided the legally required pathway to approval. The draft revised resolution and silence from HRG perpetuates the guessing game, wasting more time and money, which provides more evidence of the City’s bad faith under the Mills Act is what the state legislature sought to prevent with Gov.

Code § 66317(b), adopted into the City’s LCP.
154 of 478
9 City staff concurred on 30 October 2025 the submitted plan meets all requirements for allowable location of an ADU. Furthermore, Mr. Lukoff’s proposed alternative raised on multiple occasions, including at the City Council hearing, to move the ADU towards the street would improves public views of the front façade, as HRG requests to meet its subjective, unreasonable interpretations SOIS standards, yet the City has refused to consider this solution. Some City Council members appear to have understood Mr. Lukoff’s fundamental fairness concern, yet the draft revised resolution still fails to provide the concrete required discussion of how the application can be remedied.

Conclusion
Thank you for your consideration of this letter in support of Mr. Lukoff’s appeal of Resolution 2026-0148 and concerns regarding the draft revised resolution. We hope that City Council will set things right and grant Mr. Lukoff’s appeal. If you would like to schedule a site visit in advance of the May 26th hearing, please contact me by phone at (949) 549-9076 or by email at [email protected].

Kind regards,
Edwin C. Kisiel, Esq.

Counsel for Mr. Jonathan Lukoff
Cc: David Barboza, ADU Team, California HCD
155 of 478

STAFF REPORT
Meeting Date:

May 26, 2026

CONSENT
15 SUBJECT: 31526 VALIDO ROAD: RESOLUTION FOR APPEAL OF DESIGN REVIEW BOARD APPROVAL OF DESIGN REVIEW 24-0658 AND COASTAL
DEVELOPMENT PERMIT 24-0657 FOR A NEW SINGLE-FAMILY DWELLING,

ATTACHED TWO-CAR GARAGE, ELEVATED DECKS, GRADING, AND

LANDSCAPING, AND DEMOLITION OF AN EXISTING SINGLE-FAMILY DWELLING AT 31526 VALIDO ROAD IN THE R-1, RESIDENTIAL LOWDENSITY ZONE, AND CATEGORICAL EXEMPTION UNDER CEQA GUIDELINES SECTION 15303 (CLASS 3)
RECOMMENDATION: It is recommended that the City Council:

1. Adopt the Resolution titled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, SUSTAINING APPEAL NO. 2, OVERTURNING THE DESIGN REVIEW BOARD’S CONDITIONAL APPROVAL OF DESIGN REVIEW 24-0658 AND COASTAL DEVELOPMENT PERMIT 24-0657 AND ITS FINDING THAT THE

PROJECT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT UNDER CEQA GUIDELINES SECTION 15303; FINDING THE EXISTING SINGLE FAMILY STRUCTURE TO BE A DISCRETIONARY HISTORIC RESOURCE UNDER CEQA; AND ORDERING FURTHER ENVIRONMENTAL REVIEW FOR A PROJECT AT 31526 VALIDO ROAD IN THE R-1, RESIDENTIAL LOW-DENSITY ZONE”, finding the existing structure to be a discretionary historic resource under CEQA, overturning the Board Approval, and directing further environmental review.

SUMMARY OF THE MATTER
On May 12, 2026, the City Council conducted a duly noticed public hearing and received public testimony regarding two appeals of a project located at 31526 Valido Road (the “Property”). (The agenda packet for the May 12, 2026 public hearing is included as Attachment 2.) Following deliberation, during which the City Council members considered whether or not the existing single family residence was a discretionary historic resource under the California Environmental Quality Act (“CEQA”), three City Council members (Mayor Orgill, Mayor Pro Tem Jones, and Councilmember Whalen) found substantial evidence in the record supporting the finding that the existing single family residence is a discretionary historic resource under CEQA. Based upon such evidence, the City Council directed City staff to draft a resolution overturning the Board Approval with findings and facts that support overturning of the Board Approval and denying the Project.

In preparing the draft resolution for the City Council’s consideration, City staff identified that the City Council’s basis for overturning the Board Approval is premised on the finding that the existing singlefamily residence is a historic resource under CEQA. The City Council did not reach any other basis to deny the Project. Under CEQA, categorical exemptions are subject to exceptions that can defeat their application.

This means when a local agency makes a determination as to whether a project is categorically exempt from CEQA, it must undertake a two-step analysis. First, it must determine whether the class (or category) of 1 of 505
APPEAL OF THE APPROVAL OF DR 24-0658 AND CDP 24-0657 AT 31526 VALIDO ROAD May 26, 2026

Page 2 of 3 ends

Laguna Beach City CouncilMay 26, 2026

Laguna Beach City Council
May 26, 2026