RESOLUTION NO. 26.XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAGUNA BEACH, CALIFORNIA, FINDING THE
ACCEPTANCE OF THREE FIREFIGHTER ACCESS
EASEMENTS ASSOCIATED WITH THE PROPERTIES
LOCATED AT 1550 AND 1560 BLUEBIRD CANYON DRIVE IN
CONFORMITY WITH THE CITY’S GENERAL PLAN
PURSUANT TO GOVERNMENT CODE SECTION 65402; AND
FINDING THE ACTION EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT PURSUANT TO STATE
CEQA GUIDELINES SECTION 15303 OR ALTERNATIVELY IS
NOT A PROJECT UNDER SECTION 15061
WHEREAS, the Properties located at 1550 Bluebird Canyon Drive (Parcel 1, APN 644- 321-35) and 1560 Bluebird Canyon Drive (Parcel 2, APN 644-321-36) were created by Parcel Map No. 2024-117 (P.M.B. 418/4-5), through an urban lot split under Senate Bill 9; and WHEREAS, on January 6, 2026, the City Council conditionally approved a project at each site and found the projects categorically exempt from CEQA under State CEQA Guidelines Section 15303. The City Council imposed the following condition of approval on both projects:
“The Project shall comply with the requirements in the Alternative Materials and Methods of Construction prepared by Dudek for the Property and dated October 21, 2025. The Project shall also comply with the requirements and conditions of approval set forth in the Fire Department plan review transmittal dated January 6, 2026 from Fire Marshall, Robert Montaghami, and Deputy Community Development Director and Building Official, Gabe Linares. Before issuance of building permits, Applicant must submit a formal Fire Code Alternative Materials, Design & Method Request, subject to approval by the City’s Fire Marshal and Building Official, to ensure the Project complies with the existing building standards or state fire mitigation measures applicable to the development.” (Resolution Nos. 26.002 and 26.003, Condition No. 25.); and WHEREAS, the January 6, 2026 Fire Department plan review transmittal (the “Fire Attachment 1
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Transmittal”), which is incorporated by reference in Resolution Nos. 26.002 and 26.003, reflects that the projects do not strictly comply with certain Fire Code requirements, including that each property providing firefighter access of a “minimum of 36” of horizontal clearance and unlimited vertical clearance around the exterior of [each] structure.” (LBMC Section 15.01.010; 2025 California Fire Code Section 106.5; LBMC Section 14.70.045; California Fire Code Section 602; 2019 City of Laguna Beach Fire Department Landscape/Fuel Modification Standards and Maintenance Program.); and
WHEREAS, as also reflected in the Fire Transmittal, the Properties Owners requested an Alternative Means & Methods (AM&M)1 to such Fire Code requirement to allow a shared firefighter access path between the two residences. In exchange for granting the deviation from the Fire Code requirement, the Fire Transmittal imposes conditions related to the Property Owners’ obligations to (1) maintain a permanent, unobstructed, all-weather, shared, three foot wide firefighter access path with an unlocked opening at least four feet wide; (2) record the access rights and maintenance obligations against both Properties; and (3) obtain Fire Department approval for any modifications. Related to the easement requirements, the condition of approval states the following: “Access provisions described above shall be recorded as a deed restriction/easement or other approved instrument to ensure permanent recognition, maintenance responsibility, and continued firefighter access for current and future property owners.”; and WHEREAS, to implement the conditions of approval on the projects, including the Fire 1 An AM&M is approved if the Fire Code official finds that the proposed design is satisfactory and complies with the intent of the Fire Code, and that the material, method, or work offered is, for the purpose intended, not less than the equivalent of that prescribed in the code in quality, strength, effectiveness, fire resistance, durability, and safety. (Fire Code Section 104.10.)
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Transmittal, the owners of the Properties have proposed to grant to the City three easements for firefighter access purposes, each granting to the City of Laguna Beach a non-exclusive, perpetual easement and right of access for firefighting, rescue, emergency response, and fire prevention purposes over and across the easement areas described and depicted therein; and WHEREAS, Government Code Section 65402(a) provides that where a general plan has been adopted, no real property shall be acquired by dedication or otherwise for public purposes until the location, purpose, and extent of the acquisition has been submitted to and reported upon by the planning agency as to conformity with the adopted general plan; and WHEREAS, Government Code Section 65100 provides that the legislative body of each city shall by ordinance assign the functions of the planning agency, and that in the absence of such an assignment the legislative body shall carry out all functions of the planning agency; and WHEREAS, the Laguna Beach Municipal Code assigns the general plan conformity function to the Planning Commission for street openings and extensions (Section 11.40.050) and for subdivisions (Section 21.08.010), and the proposed easements constitute neither, such that the conformity function for this acquisition rests with the City Council as the planning agency; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.
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 reference.
SECTION 2. On January 6, 2026, the City Council found the entirety of the residential development projects located at 1550 and 1560 Bluebird Canyon Drive exempt from the California 10 -4- Reso. #26.XXX
Environmental Quality Act (“CEQA”) under State CEQA Guidelines, Section 15303 – New Construction or Conversion of Small Structures, which exempts construction and location of limited numbers of new, small facilities or structures, such as one single-family residence, or a second dwelling unit in a residential zone or up to three single-family residences in an urbanized area. Accepting the offer for three firefighter access easements over a portion of the Properties will satisfy conditions of approval imposed by the City Council for the residential development of the Properties. This action implements the projects that the City Council previously approved on January 6, 2026 for the same reasons set forth in the CEQA Notice of Exemption (NOE) that was filed on January 8, 2026 for 1550 Bluebird Canyon Drive and on January 8, 2026 for 1560 Bluebird Canyon Drive. As such, the City Council finds that there have been no changes to either project, no changed circumstances, and no new information that could not have been previously known, that would trigger the need for a subsequent CEQA review. Thus, the City Council further finds that this action is exempt under State CEQA Guidelines Section 15303, for the same reasons set forth in the January 8, 2026 NOEs. As an independent and alternative basis, the City Council finds that this action is also exempt from CEQA pursuant to State CEQA Guidelines Section 15061(b)(3), which provides that CEQA applies only to projects which have the potential for causing a significant effect on the environment, and that where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Here, acceptance of the easements is an administrative action that grants the City rights of access over an area already approved for the use and development identified in the easements. This action does not authorize any construction, ground disturbance, or change in the use or intensity of use of the Properties. For these reasons, the City Council finds 11 -5- Reso. #26.XXX
that this action is not a “project” within the meaning of CEQA. City staff is directed to cause a Notice of Exemption in connection with this action to be filed with the County Recorder’s Office and State Clearinghouse within five days of adoption of this Resolution.
SECTION 3. The City Council of the City of Laguna Beach, acting as the planning agency pursuant to Government Code Section 65100, finds that the acquisition of the three firefighter access easements associated with the properties located at 1550 and 1560 Bluebird Canyon Drive is in conformity with the City's General Plan based on the considerations required by Government Code Section 65402 and policies in the General Plan, as set forth below:
• Location of the Property Acquisition. The three Easement Areas are located on the properties at 1550 and 1560 Bluebird Canyon Drive, on Parcels 1 and 2 of Parcel Map No. 2024-117 in the Bluebird Canyon neighborhood. The properties carry a General Plan land use designation of VLD (Village Low Density) and are zoned R-1 (Residential Low Density). The Easement Areas follow the shared firefighter access paths that will be constructed around and between the two approved residences, connecting to the Bluebird Canyon Drive public right-of-way. The properties are located within a Very High Fire Hazard Severity Zone.
• Purpose of the Property Acquisition. The purpose of the acquisition is to secure permanent firefighter access to and around the two approved residences, as required by the conditions of approval adopted by the City Council in Resolution Nos. 26.002 and 26.003, including the City’s Fire Transmittal (Attachment 5) . The easements ensure that the shared firefighter access paths accepted through the AM&M determination remain legally protected, maintained by the property owners, and available to fire and emergency 12 -6- Reso. #26.XXX
personnel in perpetuity, for current and future owners of the properties. • Extent of the Property Acquisition. The City’s interest is limited. The City acquires a non-exclusive access easement for firefighting, rescue, emergency response, and fire prevention purposes only. The City does not acquire fee title, any maintenance obligation, or any right of general public use. Easement No. 1 encompasses approximately 505 square feet of 1550 Bluebird Canyon Drive, Easement No. 2 encompasses approximately 64 square feet of 1560 Bluebird Canyon Drive, and Easement No. 3 encompasses approximately 476 square feet of 1560 Bluebird Canyon Drive. The firefighter access path created by Easements Nos. 1 and 2 extends roughly parallel to the street, and then turns approximately 90 degrees north, and continues to the rear of the Properties. Easement No. 3 is 120-feet in length and extends in a straight line from the street to the rear of 1560 Bluebird Canyon Drive.
• General Plan Compliance. The proposed acquisition complies with applicable General Plan policies, including the following:
Policy S-2.5: Require development within the VHFHSZ's to incorporate fire-resistive construction and defensible space management strategies consistent with State requirements, municipal regulations, and requirements identified in Policy S-2.3.
Implementation Action S-2.5b: Require property owners within the VHFHSZ to create defensible space surrounding their homes, including providing access for firefighters, maintaining plantings and outdoor areas, and minimizing combustible structures.
The proposed acquisition is consistent with Policy S-2.5 and Implementation 13 -7- Reso. #26.XXX
Action S-2.5b. The Properties are located within the Very High Fire Hazard Severity Zone.
The Fire Department's January 6, 2026 Fire Transmittal accepted a shared firefighter access path between the two residences in lieu of the City's standard requirement for independent access paths serving each structure. That acceptance rested on findings that the shared path provides adequate connectivity between both structures, allowing fire personnel to reach critical operational points in an effective manner; that its location and configuration provide practical and functional access in a constrained hillside development environment; and that the fire-resistive construction features, on-site mitigation measures, and supplemental fire protection elements incorporated into the projects provide equivalent or improved life safety performance consistent with the intent of the Fire Code. The Fire Department conditioned that acceptance on the requirement that the access provisions be recorded as a deed restriction, easement, or other approved instrument to ensure permanent recognition, maintenance responsibility, and continued firefighter access for current and future property owners.
Each easement requires the Easement Area to be maintained as an all-weather, noncombustible surface capable of supporting firefighter foot access under all weather conditions, and to remain continuous and unobstructed, subject only to limited temporary obstruction for maintenance or repair on 72 hours' advance written notice to the City. Any future fence, wall, gate, or barrier must preserve a minimum four-foot-wide unobstructed firefighter access opening at the shared access point and remain unlocked and readily accessible without the need for tools, equipment, special knowledge, clearance, permission, or assistance. These provisions supply the firefighter access component of 14 -8- Reso. #26.XXX
defensible space required by Implementation Action S-2.5b.
SECTION 5. The documents and materials that constitute the record of proceedings on which this Resolution has been based are located at City Hall, 505 Forest Avenue, Laguna Beach, CA 92651. The custodian of the record of proceedings is the Director of Community Development.
SECTION 6. If any provision of this Resolution is held invalid, the remainder of this Resolution shall not be affected by such invalidity, and the provisions of the Resolution are severable.
ADOPTED this 4th day of August, 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 August 4, 2026, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
City Clerk, City of Laguna Beach, CA
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