March 2026 – Design Review Board Transcript (Agenda Item 5.8 – 855 La Vista drive) lagunabeachcity_4891ceaf-e428-4fbd-853f-0b3cb9f4... (Completed 05/20/26) Transcript by Rev.com
Thomas Gibbs (00:00):
All right, let's go to the next one. Moving right along here, 5.8 at 855 La Vista Lane, Design Review 2026- 0278. Coastal Development Permit 2026-0279. Variance 2026-0280. Ex parte, please.
Jessica Gannon (00:28):
Chair, I had a site visit with Greg Abel.
Imer Bauta (00:31):
I did the same and I also spoke with Warren.
Louis Weil (00:34):
Spoke with the dynamic duo and visited the site.
MJ Coveny (00:37):
I drove by the site.
Thomas Gibbs (00:40):
And I met with Warren and Greg at the site.
Jessica Gannon (00:43):
Thank you.
Thomas Gibbs (00:43):
We get yours, MJ? Yeah. Okay. So, Mr. Kahn, you're up again.
Shehriyar Khan (00:54):
Good evening, Board, this is item number 5.8, request for design review, coastal development permit, and variance approval for an ADU with a deck encroaching into a watercourse setback area located at 855 La Vista Drive. Next slide, please.
Linda Morgan Lander (01:23):
Sorry, give me a quick second.
Shehriyar Khan (01:55):
All right. The subject property is approximately 36,000 square feet in area and is located at, well, 855 La Vista Drive. It's currently developed with an approximately 2,700 square foot, two-story residence, and a two-car garage. A mapped watercourse traverses through the site as well. Next slide, please. (02:19):
The proposed project includes development of a new 972 square foot detached ADU, shown on the slide in yellow, with a 136 square foot elevated deck, shown in orange, and associated site improvements.
The improvements include associated grading, parameters stairs surrounding the ADU, installation of an air conditioning unit, and retaining walls exceeding five feet in exposed height, located on the north side of the ADU shown in bright green. As you can see, a water course shown in blue traverses this area of Attachment 9
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the lot and encroachment within the water course setback area requires approval of a variance. Next slide, please.
(02:55):
As mentioned earlier, 136 square foot, 6 foot high elevated deck is proposed attached to the ADU, which is subject to design review. The proposed deck is minimal in scale and does not contribute to visual mass, and is consistent with the architectural character of the proposed ADU. Next slide, please. (03:13):
The elevation and rendering shown on the slide show the deck and the retaining wall exceeding five feet in exposed height, shown in bright green. And the retaining wall is also subject to design review. It's located at the northeast side of the ADU, is L-shaped and wraps along the north and east sides, defining the required fire access paths. Next slide, please.
(03:35):
Property is constrained by the presence of a mapped watercourse and its associated 25-foot watercourse setback area. While the historic drainage feature has been substantially altered, and runoff is now conveyed through a subterranean storm drain system installed by the city, the mapped setback continues to apply, despite the absence of a functioning natural watercourse. (03:57):
A utility easement exists over the storm drain infrastructure, which the proposed ADU does not encroach upon. The project's improvements are limited in scale, designed to maintain existing drainage patterns, and do not introduce conditions that would increase flooding, erosion, or instability on the site or adjacent parcels. All grading and construction activities will be required to comply with applicable building, drainage and engineering standards to ensure safe development. Next slide, please. (04:22):
In conclusion, the project is consistent with the applicable design guidelines, zoning standards, with the exception of the requested watercourse encroachment variance. And as detailed in the staff report, the required variance findings can be made, and the AD is compatible with the neighborhood and would not create significant impacts to views or privacy. Next slide, please. (04:45):
Since the agenda was published last week, staff received public correspondence in opposition, raising concerns about record sufficiency, which have been added to the agenda as part of the public record.
And then staff recommends that the board approve the requested entitlements and find the action exempt from CEQA. This concludes staff's presentation and I'll move on for questions. Thank you.
Thomas Gibbs (05:06):
Thank you very much. With that, any questions? Seeing none, I open the public hearing. You have five minutes.
Warren (05:16):
Hi, everyone. So, we've dealt extensively with Public Works on every utility that's running through that property. That one plan, Shehriyar, that you showed, the site plan. I obtained all those from Public Works, mapped them, met with them, made sure that we're clear of all easements. (05:46):
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The variance for the, let's say, highly modified watercourse is typical. I think we just had approval on one a couple of weeks ago in Bluebird there. Well, I think to me, obviously what Public Works and the city is realizing, that there are highly modified water courses all over town. This one was put in what, like 20 years ago.
Greg (06:22):
About 20 years. Yeah.
Warren (06:23):
It's subterranean pipe. It hasn't failed. Goes straight down the middle of the property. They got an easement for it. There's a sewer easement. There's a electrical easement, all kinds of stuff on this property.
(06:36):
So, this variance is not at all unlike others that you've approved quite recently, and I believe will be approving in the future. And Greg, did you want to...
Greg (06:50):
Yeah. Warren made a good point. I did work some time with Bill Rodriguez and the rest of the team to figure out what's going on with these modified watercourses, to help a lot of people at Laguna Beach and my fellow architectural designers. So the setback is five feet from the center line above a water course that's been modified, not 25 feet like the old days, which you folks saw two weeks ago for Mr.
Frias at 868 Bloomberg.
(07:16):
And we did design this property to be simple, clean lines, nothing too fancy, just clean, not encroach into people's views. Our next door neighbors, Arjuna and Lucy have been very good friends. I designed their remodels and their additions. They're currently living back east right now, so they're renting their property. And I know we're going to get some comments from our neighbors down the street, so I'll just quiet down now and see how we do. Okay?
Warren (07:41):
So just to add a little bit, there is some runoff from the property, that it's dirt there at the end of Virginia Park Drive. This will help get rid of the dirt. Certainly, as we get to the building department, we will obviously keep... We'll keep all staging materials on the property, all workers on the property, all parking on the property. It's a big area down there. So, that's all I got, too.
Greg (08:22):
And one last comment. About two years ago, you may have heard we had a landslide below the home above us at Chase Offield's house. And it flooded and wiped out walkways, all of our grass, all the dirt came down the street.
(08:37):
So I know that our neighbors also went through a little bit of horror and scariness because all that mud that came way down from our upper neighbor, who, of course, associated with the project and fixed it for us together. We did try to clean up that mud slide as fast as possible with respect to our friends down the street at Virginia Park. Thank you.
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Thomas Gibbs (08:58):
All right. The public hearing's already open. Speakers, please come up. You'll have three minutes each.
State your name first.
Ben Simon (09:06):
Good evening. I'm Ben Simon at 661 Virginia Park Drive. Thank you, Jessica. You've been amazing over the last six years. You really have. This is the first I heard from Warren about parking on site, but my concerns are regarding the construction period and its negative effects on my street and neighborhood where the proposed ADU is actually located.
(09:28):
The staff report states that the access will be from the La Vista Drive. This relates to the completed ADU and it is not necessarily true during construction. Warren in an email stated that, "Ample parking is available and will be used for construction on site, including staging," but where and how it is accessed is unclear. The location of the ADU, coupled with the topography of the site and common sense, implies that the ADU will be built access to Virginia Park Drive and not La Vista Drive. To date, either Greg nor Warren had replied to my inquiry about this. I sent them both an email. (10:01):
Everyone in Virginia Park Drive is quite concerned about what happens to us and our street during construction, assuming La Vista is not used. We are a tiny, narrow, on way street with extremely limited parking to begin with. Some of the homes have no garages and no driveways at all. Beginning this June, the new problem at the high school will be under construction, which will exacerbate the parking problem, plus a massive new build on Hillage is coming this summer. (10:27):
We are simply requesting that the Abel's current fence, located at the end of Virginia Park Drive is, and this would be a condition of approval, temporary relocated, moved way back on their biggest site in Laguna Beach to accommodate 100% of their construction parking and staging areas. If the workers park on our street, we will not have any room for ourselves, our guests, or our service people. (10:51):
While the watercourse is technically modified, the still street gets major amounts of mud, gravel, and debris from the Abels during the heavy rains. At one point, I heard that Greg had promised a mutual neighbor sandbags, but it didn't happen. We just clean it up over and over, but our time and our water is valuable. Please help the residents of Virginia Park Drive during this period of construction, as we really need your assistance and are very worried. Thank you.
Thomas Gibbs (11:18):
Thank you very much. Next speaker.
Linda Morgan Lander (11:20):
Hi, Linda Morgan Lander, 671 Virginia Park Drive. Hi, Imer. Oh, first of all, thank you, Jessica. You're fabulous. But anyway, good luck. I just want to echo what Ben said. We have a real issue with parking on Virginia Park and I'm really hoping that all of the parking for construction workers will be off the street. (11:43):
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The other thing is that technically the watercourse doesn't function like a watercourse, but it kind of does. When we had our big rains in the past few months, and I know he's cleaned up the mudslide, but it's still the runoff comes right down, right to my house with the rocks and the mud right there, and it makes a turn. And nothing's been done with sandbagging, so I'm a little bit suspicious about how this is going to go down. So I'm hoping that they build in some kind of a system to catch all of the debris. I'm supportive of the project. I just have the parking and the mud concerns. (12:17):
And also, I wanted to refer you to Robin Williams Jr's letter. He sent something that was very profound, I think. He's very, very affected by it. He has a very, very ill dad and his mother is not well either, and this is going to really affect them the most. So with the trucks coming in and out, I hope that there's a good rapport with the contractor and that it is a happy project. Thank you.
Thomas Gibbs (12:39):
Thank you. Any other speakers? Come on up.
Craig Bershat (12:45):
Hello.
Greg (12:45):
Hi there, Mike.
Craig Bershat (12:46):
Hi, my name's Craig Bershat. I live at 651 Virginia Park Drive, and I've been there for about 50 years, so I've known the family for a long time as well. I'm coming in support of Robin Williams, who couldn't be here himself, and in support of his father and mother who have been on that street as long as I have.
They had some questions on their letter, which brought up questions for me that I hadn't addressed with the applicant yet.
(13:14):
But one of the questions was the size, including storage. So I know that an ADU can be a certain size, but I don't know if the square footage of the storage is also included in that. Including the storage, I think this gets up to about 1,800 square feet or maybe a little bit more. So I don't know what the requirements are there. I'm basically asking the question. (13:35):
It also states in the approval that vehicular access will be made off of La Vista. I don't know how they're going to get from La Vista down to this house. I didn't see any stairs from La Vista down to the house, so it looks to me like vehicular access is actually coming from Virginia Park Drive. So I just wanted some clarity on that as well.
(14:00):
Unfortunately, we've had a number of fire trucks on our street in the last couple of years for different issues. And then it brought up the question for me, is how does fire service be... How is it dealt with on this street? This is at the very end of a very narrow street on Virginia Park, and if there's a fire emergency, I don't know how the fire truck's going to get up there, turn around, do whatever they do. I don't know if there's even water up there to handle for the firetruck. So it's really a question I'm asking at this point in time.
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(14:36):
Obviously, parking during construction has been addressed. As you know, we're going to have a new pool built around the corner, which you guys don't have anything to do with, but we're already starting to see significant parking coming up the street from the students, taking what little spots we have on the street. So few questions, a few issues to address, and I'm supportive what Ben and Linda said as well. So thank you.
Thomas Gibbs (15:01):
Thank you very much. Any other speakers? All right. With that, turn it to the applicant. You have three minutes.
Warren (15:08):
Thank you. So, earlier with Todd's project, there was discussion about a responsible builder. This is the responsible the builder, as far as I'm concerned. Clean sites, happy neighbors, forever resident. He knows how to build. He knows how to keep it clean. You should see the construction sites. They're immaculate. They come in every day and sweep it up.
(15:44):
There are, shown on the plans, stair access from La Vista down to the ADU, clearly. They're required fire department site access stairs. All the parking, as I said, and staging will be on site 100%. There's no reason to park anywhere else. The lot is huge. That area down there can hold 10 cars, 10 trucks, whatever. I was going to say more, but...
Greg (16:25):
Well, I think to back up what he's saying, yes, we have a large area there. You all saw that, pull our cars in there. You saw that one tractor still there from picking up all the debris from our landslide that took place two years ago. So, in respect from our neighbors down the street, we will definitely let that whole space be our parking spot for construction, and not anywhere parked in front of the Williams family or Arjuna and Lucy, all of our friends and neighbors, all that. So we'll definitely respect that. (16:56):
And there is access from the street at the end of La Vista. There's always been brick stairs coming all the way down to the greenhouse, which is right behind our ADU, been here since 1937. And the stairs will go down and connect also to the ADU, as well as from down below. So we'll do what we can to be very, very sensitive to their needs.
(17:18):
And I respect the parking issue, they talked about the pool, 'cause already I've noticed how many more kids are coming up, not only in their electric bikes, but their cars on Manzanita and all the way up La Vista in the last couple of weeks, because it's going to be happening soon. So thank you.
Thomas Gibbs (17:36):
All right. Let me ask a quick question.
Greg (17:38):
Yeah, Tom.
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Thomas Gibbs (17:39):
Just I want to confirm, you're agreeable to make as a condition that all parking, construction parking and staging will be on property?
Greg (17:46):
Absolutely.
Thomas Gibbs (17:47):
Okay.
Greg (17:47):
I respect that.
Thomas Gibbs (17:47):
Any other questions?
Jessica Gannon (17:49):
I do. Are you offering a dedicated parking pad? I know it's not a requirement because I parked at your driveway up top and we were able to walk down. But would you consider an off-street parking pad by the ADU?
Greg (18:04):
Sure.
Jessica Gannon (18:06):
Does this help with the access and usability? Mr. Khan, is that possible? Shehriyar Khan (18:16):
This parking pad would have to actually be on the adjacent property, which is also owned by Mr. Abel, 700 Virginia Park. Staff, I can't say with conference right now what that would look like. We'll have to evaluate the access dimensions.
Thomas Gibbs (18:33):
We can make it a condition that the assuming staff can make it work, it will be required.
Jessica Gannon (18:39):
Yeah.
Imer Bauta (18:40):
It seems like it's a large enough lot. Even if it was not a required, it could just be a compacted grade.
Jessica Gannon (18:47):
Yeah, dedicated parking pad.
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Imer Bauta (18:48):
Yeah.
Greg (18:49):
But as Warren said, we've parked as many during the slide problem for cleanup. I've parked as many as six trucks in that spot there, three wide, two back to back just to pick up the debris. (19:03):
And I will say in most of my construction sites, the one I'm doing on Summit and one up on Dorn Court, even in those areas there, we're able to keep it down to a majority, just a minor part. And if they have to park somewhere else, we don't have them blocking other neighbor's driveways either.
Jessica Gannon (19:19):
Perfect. And thenGreg (19:19):
We can come up in somebody else's truck, leaders down the street.
Jessica Gannon (19:22):
And then for my next question, so when you were talking about the neighbors were talking about the flooding that came through there, the storage, was that strategic so that in case in the event of another flood that doesn't affect the living space?
(19:39):
Because on the East Coast, in Delaware, it's underwater. It's below sea level, so we have a lot of floods.
So our houses are built on top of storage spaces and built on top of garages. So was that part of your strategic plan design?
Warren (19:56):
So I used to work in South Carolina in the flood area. Their flood height is eight feet. So everything, all mechanical has to be up eight feet. It wasn't designed specifically for that, but it would certainly... It helps raise the house up five feet out of the ground.
Greg (20:20):
Yes.
Jessica Gannon (20:20):
Okay. Thank you.
Warren (20:21):
While still keeping the maximum heights.
Greg (20:25):
And one thing we can do, the drain you see right there in front of the property that the city put in years ago that connects itself to the drain pipe down below, that was put in when they came on our property 178
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to take care of some of the water and came down the hillsides, not so much the old watercourse. So we can embrace that drainage area with a grate on it there, Tom, and be sure the water that comes in there from the property can drain it as well, though.
Jessica Gannon (20:55):
So that it funnels?
Warren (20:57):
I meant to say, it could be nice to maybe make a suggestion. This might not be the actual place to do it, but to have Public Works take a look at that inlet, because there's still water coming down the property, and that grate there could certainly be improved to catch some mud.
Louis Weil (21:20):
Let me ask this question. It's all on the same line. So, if I'm looking at the topography survey, you have your lot, the lot across the way, but there's probably a 10-foot separation. Is that an easement or is that a separate parcel that's like the road extension?
Warren (21:33):
Yeah, that used to be the end of Virginia Park Drive. It's 12 feet wide That was abandoned during the process of designing and permitting the house that never got built.
Louis Weil (21:50):
The one across the way?
Warren (21:51):
Yes
Louis Weil (21:52):
So I guess again, I can't require part of this application, but I might encourage you to go through the process to do the road extension, so you asphalt up to, at some point, that storm drain if your desired access is on the lower portion of the slot.
Greg (22:08):
And we would definitely get rid of the dirt and mud.
Louis Weil (22:10):
Obviously it doesn't have a nexus for an ADU to require that, but it would be heavily encouraged. For the buildable site that's across the way, that's completely separate. That's also your ownership. It'd probably be in the best interest that you get that road extension done at some point.
Greg (22:23):
Yeah. I think the asphalt would be better, Lou, as opposed to gravel and sand, 'cause that'll roll down the street to my neighbors.
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Louis Weil (22:29):
In that process, that'll help take care of the drainage to get into that vault.
Greg (22:33):
Control the water and pave it nicely. That'd be good.
Louis Weil (22:35):
All right.
Thomas Gibbs (22:36):
Let me ask about something, 'cause this project really bothers me about the water course. The inlet that's going to be within feet of the new ADU, can that be improved so that water or excess runoff, let's say in the event... And I don't know if you've studied or they studied 100 year storm where that culvert up above gets caught, but I've had cases where culverts have gotten jammed, restoring the modified water course.
(23:14):
And this building is going way into the water course area, and it makes me nervous. But there is a drain there, and looking down below property... Let me talk to him. I understand where you guys are coming from. You and I talked about this a little bit. It looks like if the water can be picked up by that drain that provides an extra element of protection in the event the culvert gets caught or if there's a mudslide. So I don't know if you guys looked at that, but that's something. Can that be something that is built into a condition that the plan, the building can make sure is done effectively? Do you know what I'm talking about?
Bill Rodrigues (23:58):
Yeah. You're talking about the one that's sort of rightThomas Gibbs (24:01):
It'd be right next toBill Rodrigues (24:02):
... just inside of Virginia Park Drive [inaudible 00:24:03]- Thomas Gibbs (24:03):
And then a condition that it be kept clear and maintained, you know that whole thing? Bill Rodrigues (24:06):
Yeah. I would say staff is certainly happy to talk to Public Works about looking into that. I don't know that we can condition it. I'm not sure that there's a nexus with this project. It's a cityThomas Gibbs (24:16):
They can be a direction from us to180
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Bill Rodrigues (24:19):
It would be. Yeah. I think we can take a direction from the dais. Staff will certainly have the conversation with the Public Works management staff to look into that. It is a city easement. It's a city facility. There's probably a capital improvement process we'd have to go through in order to improve it [inaudible 00:24:36]-
Thomas Gibbs (24:35):
And it's the City of Culvert up above?
Bill Rodrigues (24:37):
Yeah.
Thomas Gibbs (24:37):
And the city's obligated to keep it clear? In the event of a storm, they do that anyway.
Louis Weil (24:42):
They access your property to evaluate it every so often, don't they? You had a sign there for city officials to enter the project.
Greg (24:49):
Absolutely.
Warren (24:49):
That was for the mudslide that happened, but yeah.
Thomas Gibbs (24:52):
Okay. No, that clarifies it for me.
MJ Coveny (24:54):
I just had a quick question about the storage. The lower level storage, what's the material on the front of that? It looks like some sort of grading. Is that open air or is that...
Warren (25:06):
Well, it's a door. It's a sliding door.
MJ Coveny (25:15):
Sliding doors?
Warren (25:16):
Yeah.
MJ Coveny (25:16):
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Greg (25:24):
Ventilation from the attic is up there.
MJ Coveny (25:25):
... coming off of it. And it also seems to have an excessive amount of ceiling space above it. Even though you only have a foot plate height, you have an additional three feet of soffit.
Warren (25:38):
Two, actually, butMJ Coveny (25:40):
Why would you do that?
Warren (25:43):
Design articulation.
MJ Coveny (25:44):
Oh, okay. Shehriyar, why is storage not part of the square footage? Shehriyar Khan (25:54):
It's because it's considered non-habitable. In this case, both storage areas are feet in height, which therefore sort of disqualified from the habitable status.
MJ Coveny (26:05):
So they just dropped it enough and then added a soffit. So, how do we control something like that, that once we walk away, that they then extend their ceiling heights inside and make it an accessible living [inaudible 00:26:18]?
Shehriyar Khan (26:18):
Sure. So, even if they do extend the ceiling height, in this case, it's not going to cause any zoning problems 'cause it would still meet the maximum 16-foot height because of the terrace design of the ADU.
MJ Coveny (26:30):
How about the square footage?
Shehriyar Khan (26:32):
Square footage? No it would increase the volume, but it won't increase the square foot.
MJ Coveny (26:40):
I thought there was a limit. There's not a limit on square footage with ADUs? Shehriyar Khan (26:43):
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There is, but I think at least the square footage on the top is not going to interfere.
MJ Coveny (26:50):
But the bottom? If you added both of them together and it became a full onShehriyar Khan (26:56):
Yeah, but the storage area at the bottom is not accessible from the living area of the ADU. It's sort of beneath the elevated deck area.
Jessica Gannon (27:04):
And it's only five foot in height. Right?
Shehriyar Khan (27:07):
Yeah.
Jessica Gannon (27:09):
And the minimum is seven feet forWarren (27:11):
Six.
Jessica Gannon (27:11):
Seven, six?
Thomas Gibbs (27:16):
It would no longer qualify as an ADU if that upstairs storage space is increased to be livable space. Right? So they can't get around that.
Bill Rodrigues (27:25):
Correct. So, I think actually condition number one probably speaks to this, which is the plans that you're approving today are the plans that we expect to happen in the field. And if there's anything that changes in that, then it has to come back to the city, we'd look at it again. (27:37):
And if they increase the height so that it could be qualified as habitable space, then that adds to square footage, and then that potentially raises other issues under the code. And that'd have to come backwards, and that potentially would have to come back to the board. (27:50):
So, I think it's sort of a self-effectuating control that regulates what the size of this ADU is going to look like. So, what you see on the plans is what's before you to be approved, and that's what would be permitted and expected to be built, and no changes happening in the field.
Louis Weil (28:05):
Right. Well said, but if they vault the ceiling, it doesn't add any scruff footage. It just adds volume. 183
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MJ Coveny (28:12):
Yeah. And if they make it livable, that's different.
Bill Rodrigues (28:15):
Correct. But to Shehriyar's point, it's designed at a five-foot height. Now, if you were to increase or vault, the ceiling in some way, you get over seven feet in height, that potentially qualifies as a habitable space, then that becomes square footage, and then that adds to the roughly, was it, I believe, 972 [inaudible 00:28:31]?
MJ Coveny (28:29):
972.
Thomas Gibbs (28:31):
And I think we have to follow that. The condition states that, "The SID plans are approved as submitted and conditioned herein, and shall not be altered unless reviewed and approved in accordance with Title
25." So, I don't think we can disapprove an ADU because of the potential of additional space.
MJ Coveny (28:48):
Yeah, I just was curious. That's all. Yeah.
Thomas Gibbs (28:52):
But the safety valve is...
MJ Coveny (28:53):
Yeah. And then just access, 'cause I'm sorry, I didn't get to meet you up there. Access for the ADU for cars, bicycles, whatever, is from the lower area?
Warren (29:04):
It's from lower. There is access to Virginia Park Drive. There's also access to a [inaudible 00:29:09]- MJ Coveny (29:09):
So you have two points of access on this lot?
Warren (29:11):
Correct.
Greg (29:11):
Yes, we do.
Warren (29:11):
Yeah. The fire department access stairs wrap around, go both top to bottom.
Greg (29:15):
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Right.
MJ Coveny (29:15):
Okay.
Greg (29:15):
They do.
Thomas Gibbs (29:19):
All right. Any other questions?
Imer Bauta (29:21):
Deliberations?
Thomas Gibbs (29:22):
Yeah. I'm going to close public hearing, and let me talk briefly about the water course issue, just to get the board of the benefit of my views, and then I'll turn it over on the other issues. This is a significant encroachment into the water course, and it causes me very much concern because I've seen what happens when coverts are clogged up and a water course is interfered with. (29:50):
And we have to find, essentially in this case, that this water course is not so we impacted that we can't otherwise make the findings for the variance, and the ADU law doesn't help them. We are entitled to reject this project if we can't find the grounds justifying a variance, given the encroachment in the water course.
(30:14):
I walked it, and I actually went back and walked it again. I lean in favor of the project. I was very close to saying no, that you got to pull back that ADU. It's so close to the water course. But if you look at the overall thing, if there's a mudslide, it's going to be a problem, but I don't think that's going to impact it. I think it's going to impact the ADU more than it's going to impact the neighborhood. (30:41):
In fact, a lot more. I think what I worry about is a heavy rain, 100 year rain. And I think with that drain that's there right by it, it's right in front of your property, and it needs to be... And with a motion I'll make a direction, I'll follow that, by assuming the board otherwise approves this project, that that be built in, that the grading be done.
(31:09):
And I tell you, Greg, this is for your own benefit 'cause you're going to get your butt sued putting that there if there is a water 100 year flood and your ADU comes off its foundations and runs into another house. Don't laugh, it can happen. It has to be a pretty bizarre incident, but it could happen. (31:29):
But I think having that alternative course for in the event that there is a heavy rain for your own runoff, it's a very big drain to begin with. So, I would direct building, and I would strongly suggest to you that you build around that drain to take maximum effect of that drain in the event of a storm, which partially or totally, but potentially partially blocks the uphill culvert causing a water deluge. 185
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(32:06):
Okay. So I'll leave it to the other people. I otherwise think the project's fine. I mean, I'm not bothered by the storage personally. I think it meets the guidelines. With that, Louis, you want to go next? Jessica Gannon (32:17):
Over here, I can go ahead. He's stuttering. And I can piggyback off of what you said. Yeah, I'm overall supportive of the project. I think unknowingly it was a brilliant design, having the storage unit underneath, just for the fact of the case there's 100 year flood, it gives protection to the living space. All the objective findings can be met. Site coverage satisfies that, landscape open space. It's a large lot, so that was easily accomplished.
(32:48):
And then yeah, just look at off-street parking. It just makes it easier for when your kids are there, that let's say your daughter-in-law is pregnant, she doesn't want to go up and down those stairs. It's not safe.
I know I'm not as sure-footed as I used to be, and I was able to make it, but so think of your future daughter-in-law's future and just create a little parking pad. (33:12):
It also, like Board Members Weil said, it also helps for the mud that will eventually come down, it helps mitigate that. And then yes, storage access, dedicated parking pad. Yeah, it hits all the design review criteria. I can make all the findings for the variance. And we approved, just last board meeting two weeks ago, one in Bluebird, and then the board approved one in January in Woods Cove on Glenary. So yeah, I can improve this project.
Thomas Gibbs (33:46):
Louis?
Louis Weil (33:47):
Yeah. So just like the other board members are saying, I do find this variance to be consistent with a modified watercourse variance. It's something we've approved, not only in this area, but in the surrounding piped water courses in the nearby vicinity. So I think it's appropriate. (34:04):
I do think I would highly recommend trying to get the street improvements to get up at least to that drain so it minimizes some of the debris, and also helps the drainage of the impacts of this area to get to the storm drains. So that's why they're built.
(34:19):
So, it should be able to take that as it's currently draining into that storage drain now, and it wouldn't create any more water than what's there. As far as the ADU, I find it compatible with the law and generally meets the intent of the context. So it's design review compatible and I can support this project.
Greg (34:41):
Thank you.
Thomas Gibbs (34:41):
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Eva? MJ?
MJ Coveny (34:51):
Okay. I'm just not completely clear on the water course, so I'm not sure I can vote on this. I might have to abstain on this one. I don't like that they're impeding it. I have to trust staff on this, but I don't feel...
Does a hydro get done at some point? Does someone come in and test all this prior to us approving it? Because I thought in the past we've always had hydros on this kind of stuff. We made them do it on Glenneyre.
Bill Rodrigues (35:16):
We have in the past. I think the reason we didn't do it here, it's for a couple of reasons, but maybe just from a little bit of a historical context. My understanding is that the watercourse maps that are now memorialized within the GIS system, that staff looks at when they're reviewing these projects, was developed in the 1970s or thereabout.
(35:35):
This water course was, at some point in the past, obviously was on the surface running through the property. About 1999, 2000 is when the city acquired an easement through the property, and then went through with our Public Works Department, the process of designing this modified water course where we piped. We built in it for Mr. Khan, I believe it was an 18-inch diameter pipe. And that is actually connected to a catch basin further up on Skyline that comes underneath the street and then drops down into this property, and then continues to point further west. (36:12):
So that was done about 25 years ago. As Mr. Warren Hutcherson had mentioned, there's been no, at least not to our knowledge, any failures of that system over the last 25 years. And so what was a surface water course has now been placed into a pipe. There is a grate that's on the site that picks up some of the whatever water runoff that just lands on the property itself. (36:34):
But in terms of the larger watershed that used to flow through that area, that's been piped, picked up on Skyline Drive, taken under the property. So we're dealing with the localized water that maybe hits some of the slopes, conveys down to the lower portions of the property, should then mostly be picked up by the grate that was referenced in these conversations, taken underground. There may still be some water that is just sort of nuisance water just runs off of the property and down a portion of Virginia Park. (37:02):
But the reason we didn't do the hydro studies is because we're placing more faith in the analysis that was done by the city's Public Works Department when this project was designed many years ago. And as most good engineers will do, there's always going to be an additional buffer zone that's accounted for in terms of the overall design when they're analyzing how much water needs to be picked up and conveyed off that site.
(37:24):
So, we're we trusting that the Public Works system is designed well. It hasn't, to our knowledge, shown any deficits over the last 25 years, and so the faith is just placed into that system. And knowing that it is a city easement, it is a city facility, and so if there do become problems in the future, that we can control that solution and that revised design if necessary.
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Thomas Gibbs (37:49):
And I'm sorry to point out one other thing. The drain that's right next to it is designed to pick up the water that's running below the culvert, and it's a big drain. That's why it kind of alleviates some of my concern. The other thing that alleviates my concern, even if the culvert has a failure, is the water will go down the street into culvert below. It's not like running right into a house. (38:15):
So, notwithstanding that we've been in other projects, we need to look at each one where... The water course is still there, guys. Yeah, there is a pipe underneath, but it's still a watercourse. It's not like the water course has been moved laterally, but like I say, I totally get your concerns, MJ, and I'm very close on this one.
Imer Bauta (38:38):
I've got a question for staff, could they implement some kind of a driveway off of that street that could be functional as a parking? Even though there's not a permanent spot there, it could be a driveway to access the ADU?
Shehriyar Khan (38:57):
I don't think that's going to be possible, considering the fact that 700 Virginia Park Drive is a separate parcel. So, accommodating a parking space on that individual parcel for the potential vehicular needs of the ADU, it's going to be tricky.
(39:17):
And then especially considering the narrow width of Virginia Parkway Drive over there, that it narrows in and then ultimately goes to maybe three or four feet wide strip, essentially. (39:32):
And then yeah, it would impede any future development plans for 700 Virginia Driveway Park, sorry, Virginia Park Drive as well. And then I'd like to point out that the ADU itself is exempt from parking requirements.
Imer Bauta (39:46):
Copy that. Is the intent that you're going to drive up to the ADU, full candidness? We'd love to ask this question to the applicant.
Warren (39:49):
I'm sorry. I'm going to say, say that again?
Thomas Gibbs (39:56):
You can answer.
Imer Bauta (40:03):
Do you intend on using the access that you have down below to drive up to the ADU off of Virginia Park? Warren (40:10):
That's not the intent, but I'm sure that would probably happen once in a while, but188 March 2026 – Design Review Board Transcript (Agenda Item 5.8 – 855 La Vista drive) lagunabeachcity_4891ceaf-e428-4fbd-853f-0b3cb9f4... (Completed 05/20/26) Transcript by Rev.com
Greg (40:14):
There's a possibility.
Warren (40:16):
[inaudible 00:40:16] for that.
Imer Bauta (40:17):
So, is there any way to add a portion of just padded area that may or may not be used for parking that you probably will use for parking, as part of this program? Warren (40:29):
Well, that sounds kind of like the same thing that Jessica was alluding to or asking for. So, the end of Virginia Park that was abandoned, the street part, half of it went to 700, the other half went to 855.
There is some room there.
Greg (40:57):
There is. There is. Yeah.
Warren (40:58):
Probably. So it was a 12-foot wide strip leaving 6 feet, but then that 6 feet is right up to where there's grade break. Right?
Shehriyar Khan (41:13):
Yeah. It's pretty narrow. It would be insufficient for vehicular access.
Imer Bauta (41:19):
Greg, do you own 700?
Greg (41:21):
What's that?
Imer Bauta (41:21):
Do you own 700?
Greg (41:22):
Yes.
Imer Bauta (41:23):
Yeah. So wouldn't it make sense to apply for the variance to transfer? Warren (41:27):
So if I maybe could clarify, his daughter actually owns 700 and his son owns 855. So it's not necessarily their property, if you know what I mean, if you follow that. 189
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Thomas Gibbs (41:44):
So I'm following, Imer. Is this for the dealing with the water runoff or for just adding this parking space? Imer Bauta (41:48):
I think it's more about access. Even if this comes up in the future, even if they go forward with the other bill, that 700 that was previously approved, at some point someone's going to want access to that roadway. I think it'sGreg (42:02):
Exactly.
Imer Bauta (42:03):
Yeah. It makes sense to do it potentially in this application, because if you transfer it and then you allow for both uses of it, and then you design it as a shared space, do it now 'cause you're going to use it. It'd be worth the effort to just get it done 'cause you're planning on parking there.
Warren (42:22):
I would have a question that I would direct to you, Imer, maybe to ask staff, how would that work? So, it appears to me it would be a lot line adjustment of some sort, and I'm not sure ifImer Bauta (42:38):
There's a property on the backside of Riddle Field.
Thomas Gibbs (42:43):
I don't think we can condition including parking on another lot.
Imer Bauta (42:48):
Well, hang on. There's a property on the backside of Allview Terrace that goes to the... There's a park in the back. There's a city park in the back. I can't think of the name of it. It's a private residence that was donated back in I want to say the late '70s or '80s, and it used to be city controlled. (43:11):
Or sorry. Yeah, it used to be city owned and they deeded it to Allview Terrace, which allowed Allview Terrace to maintain their driveway. So I think it can be done. It's just it's going to require doing it now, 'cause worst case scenario, what happens, if that property gets sold off, then neither parcel will have access in the future. I think that could be daunting.
Warren (43:34):
So I think my question then would be, if I may, would that then require a lot line adjustment? Thomas Gibbs (43:43):
I think we're kind of getting a little ahead of ourselves here because we can't require a parking space.
There's certainly access issues, but that's not subject to our review of the ADU, Imer. 190
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Imer Bauta (43:56):
Is access part of our ADU?
Thomas Gibbs (43:58):
No.
Imer Bauta (43:59):
DRB review.
Louis Weil (44:00):
I guess we could tie it to the variance.
Thomas Gibbs (44:04):
Well, the variance has to do with the water course.
Speaker 13 (44:07):
Yeah, the variance is for the watercourse. And so yeah, I would, once again, for what it's worth, and I believe Chair Gibbs, you've said that conditioning a parking pad on a different distinct parcel is not advisable.
(44:20):
Now, once again, if the applicant wants to agree and say, "Hey, we're going to put a pad here or there," I'm not going to stand on the way, but I want the board to know that that's not going to be a formal condition, because once again, we have no idea in the future [inaudible 00:44:34].
Thomas Gibbs (44:33):
So let me ask you guys, are you willing? Well, I don't know if we can even approve a pad on another parcel, so I'm not sure if we wanted to, we could do it even if you were agreeable.
Warren (44:45):
I tend to agree. We would certainly look into it, but I think it would probably require a lot land adjustment, and I'm not even sure if you can lot land adjust an abandoned street, because that's where it would be.
Louis Weil (45:01):
Well, if the abandoned street became your, you couldGreg (45:02):
It is our street.
Louis Weil (45:03):
... you could turn it into an access easement to keep your buildable lots that were gifted to your kids.
Greg (45:11):
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Yes, accessible.
Louis Weil (45:12):
I mean, accessible, which I think regardless of what your kids want to do with it, whether they build or sell them, historically you're going to want that access to be provided to those spots.
Thomas Gibbs (45:22):
Yeah, but the problem is that's great, you should do it if you can. We can condition approval on you obtaining that easement, but we can't under this application because it's an ADU, but if you are agreeable to that condition we can, and it would facilitate your ability to do it. Once you got the easement, you'd have the approval for it.
Warren (45:47):
I don't think that would be advisable. That's a long [inaudible 00:45:51].
Thomas Gibbs (45:51):
My suggestion there is it would be good for you to have that parking and to build it into this project, particularly if you ever sell the thing.
Greg (46:00):
I agree with that, too. [inaudible 00:46:01].
Thomas Gibbs (46:01):
And so I would do that by way of a separate application, and candidly I think thatGreg (46:04):
And also one more comment too, Tom, because we want to control the water that flows down to that grid, that grate there, that could also be associated with the parking area too to direct the water, and that'd be a nice thing too, Imer. We could do it. It's our property, so why not? Warren (46:22):
But I would disagree with that.
Thomas Gibbs (46:23):
You probably could get that done by way of administrative design review over the counter. Right? They wanted to do an easement and put in aBill Rodrigues (46:32):
[inaudible 00:46:32] Public WorksGreg (46:33):
You think, Bill, is that possible?
Bill Rodrigues (46:33):
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[inaudible 00:46:36].
Greg (46:36):
No, no, I just want to make this opportunity.
Thomas Gibbs (46:41):
Yes. All right. So I think any other deliberation? All right, let me try to do the motion here, if you guys don't mind. Give me a second. Okay. I move that the board adopt Resolution 2026-0278, Approving Design Review 2026-0278, Coastal Development Permit 2026-0279, and Variance 2026-0280 for the property located at 855 La Vista Drive.
(47:21):
And finds it action categorically exempt, pursuant to CEQA guideline 1503, with direction to the Building Department, and strong suggestion to the applicant to make sure that the drain that's in front of the proposed ADU, that grade is done to maximize that drain usage, and that drain is maintained in a clear and functional manner.
Greg (47:49):
Yes.
Thomas Gibbs (47:52):
Do I have a second?
Louis Weil (47:56):
I'll second it.
Thomas Gibbs (47:57):
Call the roll, please.
Linda Morgan Lander (47:59):
Board Member Bauta.
Imer Bauta (48:01):
Abstain.
Linda Morgan Lander (48:02):
Board Member Coveny?
MJ Coveny (48:03):
Abstain.
Linda Morgan Lander (48:04):
Board member Weil?
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Louis Weil (48:06):
Yes.
Linda Morgan Lander (48:08):
Chairperson Gannon?
Jessica Gannon (48:09):
Yes.
Linda Morgan Lander (48:09):
Chair Gibbs?
Thomas Gibbs (48:10):
Yes.
Linda Morgan Lander (48:10):
Motion has passed three to two.
Warren (48:12):
Thank you all.
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