STAFF REPORT
Meeting Date:
August 4, 2026
CONSENT
15 SUBJECT: ACCEPTANCE OF THREE FIREFIGHTER ACCESS EASEMENTS ASSOCIATED WITH THE PROPERTIES LOCATED AT 1550 AND 1560 BLUEBIRD CANYON
DRIVE AND FIND SUCH ACQUISITION CONSISTENT WITH THE GENERAL PLAN UNDER GOVERNMENT CODE SECTION 65402; AND FINDING THAT NO
FURTHER ENVIRONMENTAL REVIEW IS REQUIRED UNDER STATE CEQA GUIDELINES SECTION 15303
RECOMMENDATION: It is recommended that the City Council:
1. Accept three easements for firefighter access at 1550 and 1560 Bluebird Canyon Drive and authorize the City Manager to execute the easements, in a form approved by the City Attorney, and authorize the City Clerk to record the easements on behalf of the City; and
2. Adopt a Resolution titled, “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” finding the acceptance of three firefighter access easements consistent with the General Plan; and
3. Find that the proposed acceptance of the easements is exempt from the California Environmental Quality Act under Section 15303 of the State CEQA Guidelines or, in the alternative, is not a project within the meaning of CEQA under Section 15061 of the State CEQA Guidelines.
SUMMARY OF THE MATTER
The City Council is being asked to consider the acceptance of firefighter access easements from property owners of 1550 Bluebird Canyon Drive, David Dyrnaeas and Mayumi Nagakura Living Trust, and the property owner of 1560 Bluebird Canyon Drive, 1560 Bluebird Canyon Drive, LLC (collectively, the “Property Owners” and the “Properties”) (see aerial maps included as Figures 1 and 2) and a finding that the easements are consistent with the City’s General Plan. Upon such actions and recording of the easements, the Property Owners will have fulfilled certain conditions of approval imposed upon their SB 9/SB 450 projects within the Very High Fire Hazard Severity Zone in accordance with the City-granted Alternative Means & Methods in place of strict Fire Code compliance.
DISCUSSION
A. Background
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.
GENERAL PLAN CONSISTENCY DETERMINATION AND ACCEPTANCE OF GRANTS OF EASEMENTS FOR 1550 AND 1560 BLUEBIRD CANYON DRIVE
August 4, 2026
Figures 1 and 2: Aerial View and Street Frontage of 1550 (Left) and 1560 (Right) Bluebird Canyon Drive
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:
Resolution Nos. 26.002 and 26.003, Condition No. 25: 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.
The January 6, 2026 Fire Department plan review transmittal (the “Fire 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
GENERAL PLAN CONSISTENCY DETERMINATION AND ACCEPTANCE OF GRANTS OF EASEMENTS FOR 1550 AND 1560 BLUEBIRD CANYON DRIVE
August 4, 2026
Code Section 602; 2019 City of Laguna Beach Fire Department Landscape/Fuel Modification Standards and Maintenance Program.) 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.” (City Council-adopted Resolution Nos. 26.002 and 26.003 and the Fire Transmittal are attached as Attachments 5 through 7, respectively.)
B. Proposed City Easements
The Property Owners have prepared three easement documents to implement the Fire Transmittal. The easement documents (Attachments 2 through 4) have been approved as to form by the City Attorney. Under each easement agreement, the City, as Grantee 2, receives a non-exclusive, perpetual fire safety access easement for firefighting, rescue, emergency response, and fire prevention purposes only, over and across the defined Easement Area (see plotted easements included as Figure 3):
• Easement No. 1 burdens 1550 Bluebird Canyon Drive (Parcel 1 of Parcel Map No. 2024-117). It grants reciprocal pedestrian ingress and egress rights to the owner of 1560 Bluebird Canyon Drive and grants the City the fire safety access easement described above. The Easement Area contains approximately 505 square feet, as described and depicted in the legal description and sketch prepared by Toal Engineering, Inc. (Attachment 2)
• Easement No. 2 burdens 1560 Bluebird Canyon Drive (Parcel 2 of Parcel Map No. 2024-117). It grants reciprocal pedestrian ingress and egress rights to the owner of 1550 Bluebird Canyon Drive and grants the City the fire safety access easement described above. The Easement Area contains approximately 64 square feet, as described and depicted in the legal description and sketch prepared by Toal Engineering, Inc. (Attachment 3).
• Easement No. 3 burdens 1560 Bluebird Canyon Drive (Parcel 2 of Parcel Map No. 2024-117). It grants fire safety access rights benefiting the adjacent, undeveloped parcel (APN: 644-321-30), east of 1560 Bluebird Canyon Drive, and grants the City the fire safety access easement. The Easement Area contains approximately 476 square feet, as described and depicted in the legal description and sketch prepared by Toal Engineering, Inc. (Attachment 4). 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.)
GENERAL PLAN CONSISTENCY DETERMINATION AND ACCEPTANCE OF GRANTS OF EASEMENTS FOR 1550 AND 1560 BLUEBIRD CANYON DRIVE
August 4, 2026
Figure 3: Easement Site Plan
Each easement obligates the underlying property owner, at the owner’s sole cost, to maintain the Easement Area in accordance with minimum standards addressing surface (all-weather, non-combustible), continuity (continuous and unobstructed at all times, subject to limited temporary obstruction with 72-hour notice), and any future fence, wall, or gate (unlocked and readily accessible without tools, equipment, special knowledge, clearance, permission, or assistance).
C. General Plan Consistency Determination
Because acceptance of the easements constitutes an acquisition of an interest in real property, Government Code Section 65402 requires that the location, purpose, and extent of the acquisition be reviewed for conformity with the General Plan before the City acquires the interest. The Laguna Beach Municipal Code assigns the General Plan conformity function to the Planning Commission only for street openings and extensions (LBMC Section 11.40.050) and subdivisions (LBMC Section 21.08.010). The proposed
GENERAL PLAN CONSISTENCY DETERMINATION AND ACCEPTANCE OF GRANTS OF EASEMENTS FOR 1550 AND 1560 BLUEBIRD CANYON DRIVE
August 4, 2026
easements are neither. In the absence of an assignment, Government Code Section 65100 provides that the legislative body carries out the functions of the planning agency. Accordingly, staff recommends that the City Council, acting as the planning agency, make the General Plan consistency determination, and accept the easements.
Government Code Section 65402(c) specifically requires the planning agency to consider three criteria with respect to the determination of consistency with the General Plan: location, purpose, and extent.
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 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.
GENERAL PLAN CONSISTENCY DETERMINATION AND ACCEPTANCE OF GRANTS OF EASEMENTS FOR 1550 AND 1560 BLUEBIRD CANYON DRIVE
August 4, 2026
The proposed acquisition is consistent with Policy S-2.5 and Implementation 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 fireresistive 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, non-combustible 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 defensible space required by Implementation Action S-2.5b.
FINANCIAL ANALYSIS
The recommended action has no financial impact to the budget. All maintenance, repair, and replacement obligations for the Easement Areas rest with the Property Owners and run with the land. The City assumes no maintenance responsibility.
ENVIRONMENTAL ANALYSIS
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 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 1560 Bluebird Canyon Drive. As such, staff recommends that the City Council find 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, these recommended actions are exempt under State CEQA Guidelines Section 15303, for the same reasons set forth in the January 8, 2026 NOEs.
GENERAL PLAN CONSISTENCY DETERMINATION AND ACCEPTANCE OF GRANTS OF EASEMENTS FOR 1550 AND 1560 BLUEBIRD CANYON DRIVE
August 4, 2026
As an independent and alternative basis, the 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 a right of access over an area already approved for the use and development identified in the easements. The City Council’s action does not authorize any construction, ground disturbance, or change in the use or intensity of use of the Properties. For these reasons, the recommended actions are not a “project” within the meaning of CEQA. Upon City Council acceptance of the easements, staff will cause a Notice of Exemption in connection with this subsequent project approval to be filed with the County Recorder’s Office and State Clearinghouse within five days of adoption of this Resolution.
ATTACHMENTS
1. City Council Resolution (Pgs. 8-15)
2. Easement 1 (Pgs. 16-30)
3. Easement 2 (Pgs. 31-45)
4. Easement 3 (Pgs. 46-59)
5. City Council-Adopted Resolution No. 26.002 (Pgs. 60-103)
6. City Council-Adopted Resolution No. 26.003 (Pgs. 104-139)
7. Building & Fire Plan Review Transmittal (Pgs. 140-142) Submitted By: Matthew Schneider Approved: .David A Kiff Matthew Schneider, Director of
Community Development
Dave Kiff, City Manager
Report Prepared By: Coordinated With:
Shehriyar Khan, Associate Planner Jane Abzug, Assistant City Attorney Anthony Viera, Deputy Director of Community
Development