RESOLUTION NO. 26.XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAGUNA BEACH, CALIFORNIA, AFFIRMING THE DECISION OF
THE DESIGN REVIEW BOARD AND CONDITIONALLY
APPROVING DESIGN REVIEW 2026-0922 FOR ADDITIONS
(424 SQUARE FEET) INCLUDING 172 SQUARE FEET AT THE
UPPER LEVEL AND 252 SQUARE FEET AT LOWER LEVEL,
LANDSCAPING, TO CREATE NEW ON-SITE VEHICULAR
ACCESS, AND TO EXCEED (1) THE ALLOWABLE
BUILDING SITE COVERAGE AND (2) FLOOR AREA, AND
VARIANCE 2026-0923 FOR FRONT AND SIDE YARD
SETBACK ENCROACHMENTS AND TO NOT PROVIDE THE
SECOND REQUIRED COVERED PARKING SPACE AT 31552
EAGLE ROCK WAY IN THE VILLAGE COMMUNITY ZONE,
AND CATEGORICAL EXEMPTION UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT GUIDELINES
SECTIONS 15301 AND 15305 (CLASS 1 AND 5)
WHEREAS, Horst Noppenberger, Architect on behalf of Adam McNicol, property owner (“Applicant”), for 31552 Eagle Rock Way (the “Property”) (see aerial map included as Figure 1) applied for Design Review (“DR”) 2026-0922 to construct additions (424 square feet) including 172 square feet at the upper level and 252 square feet at lower level, landscaping, new on-site vehicular access, and to exceed the allowable (1) building site coverage and (2) floor area (see Laguna Beach Municipal Code (“LBMC”) Section 25.05.040(B)(1)(c), (B)(1)(k), Section
25.10.008(E)(1)(d) and 25.43.070(H)), and Variance (“VAR”) 2026-0923 for a new building encroachment into the required side yard setback, new parking space encroachment into the required front yard setback, and to not provide the second required covered parking space (see LBMC Section 25.05.025; 25.43.070(D)(1)(b)[for side and front yard setbacks] 25.43.070(L) and
25.56.008(C)) (the “Project”).1 The Project qualifies as excluded development, pursuant to Coastal 1 Citations are made to the Laguna Beach Municipal Code, as amended by Urgency Ordinance Nos. 1732 and 1733 (the Urgency Design Review Efficiency Ordinance), unless stated otherwise.
Attachment 1 20
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Commission-issued Exclusionary Order No. E-93-1, and therefore does not require a Coastal Development Permit, subject to the review procedures set forth in LBMC Section 25.07.012(B)(3).
WHEREAS, On June 25, 2026, the Design Review Board (“Board”) held a duly noticed public hearing to consider the Project. After carefully considering the oral and documentary evidence and arguments presented at the hearing, including a staff recommendation for approval, the Board conditionally approved DR 2026-0922 and VAR 2026-0923 by a 4-0 vote (Board member Gibbs absent) to adopt Resolution No. 2026-0922, approving the Project, subject to the conditions of approval set forth in the resolution, and a finding that the Project is categorically exempt from CEQA pursuant to Sections 15301 and 15303 of the State CEQA Guidelines (the “Board Approval”).
WHEREAS, On July 9, 2026, Mayor Orgill provided notice to the City Manager requesting review of the Board’s determination, consistent with the procedures for a Councilmember-requested review of Board decisions, as set forth in LBMC Section 25.05.0702, and consistent with the requirements of due process under Woody’s Group, Inc. v. City of Newport Beach (2015) 233 Cal.App.4th 1012 (the “Review Request”).3 3 Due process requires that the city council, as the final decision-maker of lower body appeals, remain neutral and unbiased to ensure a fair adjudication of the matter. (Woody’s Group, Inc., 233 Cal.App.4th at 1021.) This impartiality necessitates that decision-makers avoid conflicts of interest, refrain from prejudging the case-specific facts, and remain free from any bias for or against any involved party. (Petrovich Dev. Co. v. City of Sacramento (2020) 48 Cal.App.5th 963, 973.) For bias to constitute a due process violation in quasi-judicial proceedings, there must be “an unacceptable probability of actual bias” among the decision-makers with direct influence over the matter. (Breakzone Billiards v. City of Torrance (2000) 81 Cal.App.4th 1205, 1236.) While the law presumes administrative decision-makers are unbiased, this presumption can be overcome by showing concrete, objective facts establishing the decision-maker’s bias against the project or applicant. (Petrovich, 48 Cal.App.5th at 974.) Attachment 1
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WHEREAS, After the Review Request, on July 21, 2026, the City Council adopted the Design Review Efficiency Ordinance No. 1732 (the “DR Efficiency Ordinance”) and an urgency version of the DR Efficiency Ordinance through Urgency Ordinance No. 1732, to amend the Laguna Beach Municipal Code and the City’s certified Local Coastal Program to streamline the design review and related development review processes.4 The adoption of the DR Efficiency Ordinance and Urgency Ordinance No. 1732 resulted in amendments to provisions governing the processing and review of development applications, including provisions applicable to appeals and the standard of review. Accordingly, the standard of review provisions previously applicable to this appeal have been superseded by the recently adopted Urgency Ordinance No. 1732. Of particular note, all appeals and councilmember requests for review are subject to a de novo hearing, regardless of the application type or the vote count by the lower body.
WHEREAS, on August 4, 2026, the City Council held a duly noticed public hearing on the City Council Review and continued the hearing to the September 22, 2026 City Council meeting; and
WHEREAS, on September 22, 2026, the City Council held a public hearing on the City Council Review and carefully considered the oral and documentary evidence and arguments 4 On July 21, 2026, the City Council adopted the Design Review Efficiency Ordinance No. 1730 (the “DR Efficiency Ordinance”), to amend the Laguna Beach Municipal Code and the City’s certified Local Coastal Program to streamline the design review and related development review processes. The City Council also adopted corresponding amendments to the Design Guidelines – A Guide to Residential Development (Resolution No. 26.059) and adopted a separate Efficiency Ordinance addressing related provisions of the Municipal Code that were not subject to a Local Coastal Program amendment. Because the DR Efficiency Ordinance is subject to review and certification by the California Coastal Commission, the City Council also adopted Urgency Ordinance No. 1732 at the same meeting. The Urgency Ordinance temporarily implements the DR Efficiency Ordinance provisions while the Coastal Commission review and certification process remains pending, thereby allowing the City to immediately implement the streamlined procedures.
The City Council subsequently extended the Urgency Ordinance on August 4, 2026, for an additional 22 months and 15 days.
Attachment 1
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presented.
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 to sustain the Board’s determination with respect to DR 2026-0922, in accordance with LBMC Section
25.05.040:
Finding No. 1: The proposed design of the project complies with all applicable provisions of the Laguna Beach Municipal Code, including any applicable specific plan.
The proposed Project complies with the applicable provisions of the Laguna Beach Municipal Code, as demonstrated by the submitted development and landscape plans (Attachment 6). The Project includes modifications to the building site coverage and floor area standards, which may be granted pursuant to LBMC Sections 25.10.008(E)(1)(d) and
25.43.070(H), as discussed below:
25.10.008(E)(1)(d) Building Site Coverage Exceedance
Pursuant to Section 25.10.008(E), the maximum lot area which may be occupied by habitable enclosed building space and covered off-street parking depends on the lot size.
For lots four thousand square feet and under, site coverage shall not exceed forty-four percent. (Id.) The Municipal Code provides a formula for calculating the building site coverage. (Id.) However, the building site coverage may be modified “when it is necessary to preserve views, preserve privacy, reduce heights or to maintain neighborhood development patterns.” (Id.)
Attachment 1
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Here, the proposed building site coverage exceedance will preserve views, preserve privacy, reduce heights, and/or maintain neighborhood development patterns.
The proposed building site coverage exceedance will maintain the established neighborhood development pattern, which is characterized by small lots, compact building footprints, limited open space, and numerous legal nonconforming conditions. The proposed increase in building site coverage from approximately 36.78 percent to 54.61 percent, which is attributable to the additions, represents a modest expansion of an existing residence on a constrained lot and remains compatible with the scale and character of surrounding properties.
The additions are split between the lower and upper levels and are primarily oriented toward the street frontages along Eagle Rock Way and Wildwood Road rather than toward adjoining residential properties, thereby minimizing potential privacy impacts. The Project maintains the existing building height and low-profile character of the residence and does not introduce new vertical elements that would adversely affect public or private views. By allowing a modest horizontal expansion rather than additional building height, the proposed building site coverage and floor area ratio exceedance preserves views, minimizes privacy impacts, and maintains the compact village development pattern intended by the Village Community zone.
25.43.070(H) Floor Area Variance
The required floor area is inappropriate due to the existing development patterns in the surrounding area.
Pursuant to Section 25.43.070(H), the maximum floor area allowed for lots with less than 1,600 square feet shall not exceed one and seven-tenths the maximum building site Attachment 1
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coverage. However, the maximum floor area may be modified by the Board “upon making a finding that the requirement is inappropriate due to existing development patterns in the surrounding area.” (Id.) The subject property is located within area of South Laguna Village neighborhood characterized by small lots, narrow setbacks, and nonconforming conditions that predate current zoning regulations. Many of the surrounding cottage-style homes were constructed in the 1930s and 1940s and reflect a compact, village-scale pattern of development. The proposed increase in floor area to approximately 1,561 square feet represents a modest expansion that maintains the existing building height and low-profile character of the neighborhood and is compatible with the scale and development pattern of the surrounding Village area. There are several other properties on Wildwood Road including 31555 Wildwood Road, 31567 Wildwood Road, 31627 2nd Avenue, 31562 Wildwood Road, and 31561 Wildwood Road that contain residences exceeding the allowable Floor Area Ratio for the zone, demonstrating that the existing pattern of development in the immediate vicinity does not conform to prescribed floor area standards and that the required floor area is inappropriate due to the existing development pattern in the surrounding area.
While the Project deviates from the required side yard setback, front yard setback, and parking standards, LBMC Section 25.05.025 allows for a variance to vary from the provisions of Title 25 (Zoning) at a noticed public hearing based upon four required findings, which are provided below.
The Project is not subject to any specific plan requirements.
Finding No. 2: The physical improvements and site developments related are designed and located in a manner in overall consistency with the design review criteria specified in Section 25.05.040(H), as Attachment 1
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set forth below:
1. Access. Conflicts between vehicles, pedestrians and other modes of transportation should be minimized by specifically providing for each applicable mode of transportation.
Handicapped access shall be provided as required by applicable statutes.
The proposed Project introduces one new covered on-site parking space with vehicular access from Wildwood Road by removing existing improvements within Wildwood Road.
The new access point meets minimum width and backup distance requirements and is designed in a way that allows for reasonable sight lines. While Wildwood Road does allow for parallel street parking, the proposed access point condition is quite similar to that existing on many nearby properties and is typical throughout the surrounding neighborhood.
Because of the narrow street widths and correspondingly slower vehicular speeds, the proposed access is not expected to result in direct conflicts between vehicles and pedestrians or other modes of transportation.
Pedestrian access to the residence would remain from Eagle Rock Way and would not be altered by the proposed improvements.
2. Design Articulation: Within the allowable building envelope, the appearance of building and retaining wall mass should be minimized. Articulation techniques including, but not limited to, separation, offsets, terracing and reducing any one element of the structure into smaller components, may be used to reduce the appearance of mass.
The proposed additions are modest in scale, totaling approximately 424 square feet, and are distributed between the lower and upper levels. The Project maintains the existing building height, use of varied wall planes, wall heights, building materials, and window openings. A portion of the existing elevated deck is proposed to be removed to Attachment 1
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accommodate portions of the additions, and the guardrail will continue to be of glass, which further alleviates the perception of an increase in building mass.
4. Environmental Context: Development should preserve and, where possible, enhance the City's scenic natural setting. Natural features, such as existing heritage trees, rock outcropping, ridgelines, and significant watercourses should be protected. Existing terrain should be utilized in the design and grading should be minimized except when necessary to balance other design review criteria.
The subject property is a relatively flat, previously developed residential lot with an average slope of approximately 1.73 percent. The Project involves minimal grading of 8 cubic yards to create the on-site parking space and would not impact significant natural features, heritage trees, rock out-croppings, ridgelines, watercourses, or environmentally sensitive habitat areas on or adjacent to the subject property.
5. General Plan Compliance: The development shall comply with all applicable policies of the general plan, including all of its elements, applicable specific plans, and the certified local coastal program.
The Project would be consistent with the General Plan Land Use Element, which encourages reinvestment in existing residential neighborhoods while maintaining compatibility with surrounding development and topography, including the following General Plan policies:
General Plan Policies
Land Use (LU) Policy 2.8 Require building design and siting to be compatible and integrated with natural topographic features, minimize significant alteration of natural topography and/or other significant onsite resources, and protect public views as specified Attachment 1
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in the Design Guidelines and the Landscape and Scenic Highways Resource Document.
The Project design utilizes the existing topography, maintains the existing building height, and is not anticipated to impact any public views.
LU Policy 2.10 Maximize the preservation of coastal and canyon views (consistent with the principle of view equity) from existing properties and minimize blockage of existing public and private views. Best efforts should be made to site new development in locations that minimize adverse impacts on views from public locations (e.g., roads, bluff top trails, visitor-serving facilities, etc.).
The Project does not increase the height of the existing residence and is not anticipated to obstruct existing public or private coastal or canyon views. The additions are appropriately sited within an existing developed neighborhood and would not impact views from public locations. Additionally, the property is not located in the vicinity of a blufftop trail or other visitor-serving facilities where public scenic views could be impacted.
LU Policy 3.10 Require building design and siting to be compatible and integrated with natural topographic features, minimize significant alteration of natural topography or other significant on-site resources, and protect public views as specified in the Design Guidelines and Landscape and Scenic Highways Resource Document by maintaining the low-profile character of structures. Require use of appropriate landscaping, special architectural treatments, and siting considerations for projects visible from major highways and arterial streets. Best efforts should be made to site new development in locations that minimize adverse impacts on views from public locations (e.g., roads, bluff-top trails, visitor-serving facilities, etc.).
The proposed Project is consistent with this policy as discussed under LU Policy 2.8 and Attachment 1
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2.10 above. The Project site is not located in an area adjacent to major highways or arterial streets.
LU Policy 7.3 Design and site new development to protect natural and environmentally sensitive resources, such as areas of unique scenic quality, public views, and visual compatibility with surrounding uses and to minimize natural landform alterations. (Same as Policy 10.2.) GOAL: Protect, preserve, and enhance the community’s natural resources.
The proposed Project is consistent with this policy as discussed under the Environmental Context Design Review Criteria section and LU Policy 2.8 and 2.10 above.
LU Policy 7.10 Require new construction and grading to be located in close proximity to preexisting development to minimize environmental impacts and growth-inducing potential.
The Project site is located within an established, urbanized area and is surrounded by existing development and infrastructure. The Project does not require the extension of roadways, utilities, or public services into previously undeveloped areas. Minimal grading of 8 cubic yards is proposed, and all new construction is confined to a previously disturbed portion of the site.
LU Policy 10.2 Design and site new development to protect natural and environmentally sensitive resources such as areas of unique scenic quality, public views, and visual compatibility with surrounding uses and to minimize landform alterations. (Same as Policy
7.3) GOAL: Ensure that proposals for new development, subdivisions, and major remodels are sufficiently evaluated to protect public health and safety and natural resources.
The proposed Project is consistent with this policy as discussed under the Environmental Attachment 1
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Context Design Review Criteria section and LU Policy 2.8, 2.10. and 7.10 above.
6. Historic Preservation: Destruction, alteration, or other actions pertaining to historic resources must be consistent with Chapter 25.45.
The subject property is not listed on the City’s Historic Register. Although the residence was likely originally constructed in or around 1930, the structure has undergone substantial alterations over time, including modifications to the roof, exterior façade, windows and doors, decks, and other site improvements.
7. Landscaping: Landscaping shall be incorporated as an integrated part of the structure's design and relate harmoniously to neighborhood and community landscaping themes.
View equity shall be an important consideration in the landscape design. The relevant landscaping guidelines contained in the City's "Landscape and Scenic Highways Resource Document" should be incorporated, as appropriate, in the design and planned maintenance of proposed landscaping.
The Project includes new landscaping improvements that are integrated with the overall site design and are compatible with the landscaping patterns of the surrounding neighborhood. The proposed landscaping is not anticipated to adversely affect view equity and would improve the visual appearance of the property. The landscaping plan has been reviewed and approved by the City’s landscape consultant for compliance with the City’s landscaping requirements and the Landscape and Scenic Highways Resource Document.
The submitted landscape plan indicates the removal of the existing giant white birds of paradise along the perimeters and proposal of low-growing white rose, lavender, and cactus. The existing eucalyptus tree located adjacent to Eagle Rock Way just east of Wildwood Road would remain. All new landscaping is proposed to be maintained at a Attachment 1
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height of two to four feet and is exempt from Design Review pursuant to LBMC Section
25.05.040(B)(2)(n) and (o), as amended by Urgency Ordinance No. 1730. The landscaping shall be continuously maintained (including replanting, as necessary) in compliance with the approved landscaping plans, as conditioned.
8. Lighting and Glare: Adequate lighting for individual and public safety shall be provided in a manner which does not significantly impact neighboring properties. Reflective materials and appurtenances that cause glare or a negative visual impact (e.g. skylights, white rock roofs, high-gloss ceramic tile roofs, reflective glass, etc.) should be avoided or mitigated to a level of insignificance in those locations where those surfaces are visible from neighboring properties.
No significant new exterior lighting or reflective materials are proposed that would adversely impact neighboring properties. The submitted lighting plan indicates all proposed lighting would be fully shielded, downward facing, and compliant with the provisions of the City’s Good Neighbor Lighting Ordinance.
9. Neighborhood Compatibility: Development shall be compatible with the existing development in the neighborhood and respect neighborhood character. Neighborhood character is the sum of the qualities that distinguish areas within the City, including historical patterns of development (e.g., structural heights, mass, scale or size), village atmosphere, landscaping themes and architectural styles.
The Project is compatible with the established development pattern and character of the Village Community neighborhood, which consists of modestly scaled residences and cottages, many originally constructed during the 1930s and 1940. This gridded portion of South Laguna Village is characterized by compact lots, narrow streets, closely spaced Attachment 1
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homes, limited open space, landscaping and parking areas, varied and narrow setbacks, and numerous legal nonconforming conditions that predate current zoning standards. The proposed additions maintain the existing building height and introduce a modest increase in floor area while retaining the residence's compact scale and low-profile character. The Project does not introduce a building form, mass, or intensity of development that is inconsistent with the surrounding residential context and preserves the established village character of the neighborhood.
10. Pedestrian Orientation: Commercial and mixed-use with commercial development design shall maintain, to the maximum extent possible, the existing pedestrian orientation and improve upon it, when feasible. Design techniques that support a pedestrian orientation may include articulated building masses, frequent building entrances, display windows near the sidewalk, outdoor activity spaces, and appropriate use of landscaping and lighting. Blank walls should be avoided, to the maximum extent feasible. Commercial development design shall enhance and encourage pedestrian uses. Incorporation of articulated building masses, compact open spaces and courtyards, mixed use developments, use of landscaping as part of design, and orientation to pedestrian access should be maximized to the extent feasible.
Design Review Criteria for Pedestrian Orientation is related to commercial development and this residential Project is not subject to these criteria.
11. Privacy: The placement of activity areas (e.g., decks, picture windows and ceremonial or entertainment rooms) in locations that would result in a substantial invasion of privacy of neighboring properties should be minimized.
The Project does not propose new activity areas, deck expansions, or other elements that Attachment 1
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would result in a significant invasion of privacy onto neighboring properties. New window and door openings are generally limited to the street facing elevations. A new bay window with glazing only at the top of the bay projection is proposed on the south elevation facing the neighboring property to minimize privacy impacts. The proposal also includes a reduction in existing elevated deck area. No privacy concerns have been raised by any neighbors.
16. View Equity: The development, including its landscaping, shall be designed to protect existing views from neighboring properties without denying the subject property the reasonable opportunity to develop. View equity is intended to balance preservation of views with the right to develop property.
The Project maintains the existing building height and consists of modest additions within an established residential neighborhood. No new landscaping is proposed which would create view obstructions. Due to the limited increase in building mass, absence of increased building height or landscaping, the proposal is not anticipated to impact any existing public or private views.
SECTION 3. The City Council hereby makes the following findings to sustain the Board’s determination with respect to VAR 2026-0923, in accordance with LBMC Section
25.05.025:
Finding No. 1: There are special circumstances applicable to the property involved, including size, shape, topography, location or surroundings which cause the strict application of the zoning ordinance to deprive such property of privileges enjoyed by other property in the vicinity and under identical zoning classification.
Attachment 1
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Special circumstances applicable to the property exist. The property is located within the South Laguna Village neighborhood characterized by small "postage stamp"-sized lots averaging approximately 2,500 square feet in area. The site is further constrained by the presence of a 17.5-foot-wide easement for the property’s contribution to the half-width of Wildwood Road, which substantially reduces the property's buildable area to 1,575 square feet. The existing residence was constructed in or around 1930, prior to the adoption of current zoning regulations, and contains legal nonconforming conditions, including nonconforming setbacks on all sides of the existing structure and absence of on-site parking.
The surrounding neighborhood is similarly characterized by narrow streets, compact lot configurations, closely spaced homes, limited open space, and numerous residences with legal nonconforming setbacks and parking deficiencies.
Several similarly situated properties in the immediate vicinity have also received discretionary relief from development standards to accommodate reasonable improvements consistent with the historic development pattern of the neighborhood. Given the property's reduced buildable area and preexisting nonconforming conditions, strict application of the current setback and parking standards would deprive it of privileges commonly enjoyed by similarly situated properties, including the ability to make reasonable additions and provide on-site parking while maintaining compatibility with the established neighborhood character.
Finding No. 2: Such variance is necessary for the preservation and enjoyment of a substantial property right of the applicant, which right is possessed by other property owners under like conditions in the same vicinity and zone.
Attachment 1
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The requested variances are necessary to afford the property owner a reasonable opportunity to improve and modernize the existing residence and provide one covered onsite parking space where none currently exists. The property's reduced buildable area and existing legal nonconforming conditions limit the ability to accommodate additions and conforming parking under current development standards. The surrounding South Laguna Village neighborhood consists predominantly of modestly scaled cottages developed on small lots with reduced setbacks and limited on-site parking opportunities that predate current zoning standards.
Approval of the requested variances would allow the property owner to enjoy development rights similar to those possessed by other property owners under like conditions within the same vicinity and zoning classification, while preserving the compact, low-profile character of the neighborhood. Other properties in the immediate neighborhood have been granted variances to encroach into required setbacks and provide non-conforming number of parking spaces, including the following:
• 31572 Wildwood Road: On December 10, 1987, the Board approved encroachments into the front and rear setback and allowed a non-conforming garage width of 8’-4”. • 31562 Wildwood Road: On May 14, 1992, the Board approved the construction of additions without providing the required parking.
• 31632 Wildwood Road: On June 25, 1995, the Board approved the construction of additions that encroach into the required front yard, side yard, and additional building setback.
• 31578 Jewel Street: On September 12, 2002, the Board approved the construction of upper-level additions that encroach into the required side setbacks.
Attachment 1
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• 31550 Eagle Rock Way: On January 26, 2023, the Board approved the construction of additions without providing any on-site parking.
Finding No. 3: The granting of the variance will not be detrimental to the public health, safety, convenience and welfare or injurious to property or improvements in the vicinity in which the property is located.
The requested variances will not be detrimental to the public health, safety, convenience, or welfare, nor injurious to nearby properties or improvements. The Project maintains the existing building height and consists of modest additions that are compatible with the established scale and character of the South Laguna Village neighborhood. The proposal does not create significant privacy, view, or visual impacts and is consistent with the neighborhood's historic pattern of compact development, reduced setbacks, and limited onsite parking opportunity.
Furthermore, the Project introduces one covered on-site parking space where no on-site parking currently exists, thereby reducing reliance on the limited on-street parking resources within the neighborhood. The Project will remain subject to all applicable Building and Fire Code requirements and will not adversely affect access, circulation, or public safety.
Finding No. 4: The granting of such a variance will not be contrary to the objectives of the zoning ordinance or the general plan.
The requested variances are consistent with the objectives of the Village Community zoning regulations and the General Plan. The Village Community zone is intended to recognize and preserve the unique historic development pattern of South Laguna Village, which is characterized by moderately sloping and variable-sized lots serviced by narrow, Attachment 1
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private streets, small-scale buildings and diversified, mature vegetational growth. The purpose of this zone is to preserve the characteristics and development patterns inherent to the Village
The subject property is located within this historic gridded portion of South Laguna Village and exhibits many of the defining characteristics that the Village Community zone. The Project maintains the existing building height and low-profile character of the residence and introduces only modest additions that remain compatible with the scale of surrounding development. The proposal constitutes reinvestment in an existing residential neighborhood and is consistent with General Plan policies promoting neighborhood compatibility, preservation of community character, and sensitive infill development within established urban areas. Accordingly, granting the requested variances would not be contrary to the objectives of the Municipal Code or General Plan.
SECTION 4. Based on its review of the entire record before it, the City Council hereby finds and determines, in accordance with CEQA, that the Project is categorically exempt pursuant to Section 15301 - Existing Facilities, in that the project consists of the repair, maintenance, or minor alteration of existing structures or topographical features, involving negligible or no expansion of existing or former use. Here, the Project consists of additions, landscaping modifications, and new vehicular access. Alternatively, and as an independent basis, the Project qualifies for a categorical exemption pursuant to Section 15305 – Minor Alterations in Land Use Limitations in that the project consists of minor alterations in land use limitations in areas with an average slope of less than 20%, which do not result in any changes in land use or density, including but not limited to minor lot line adjustments, side yard, and setback variances that do not create any new parcel. Here, the Project is located on a lot with an average slope of 1.73 percent and Attachment 1
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includes additions, landscaping modifications, and new vehicular access for an existing singlefamily residence. The requested setback variances would allow encroachments into the required side and front yards but would not create a new parcel or result in a change in land use or density.
Further, none of the exceptions outlined in State CEQA Guidelines Section 15300.2 apply. The Project site does not contain any environmentally sensitive areas. There will be no cumulative impact resulting from successive projects of the same type in the same place, over time. There are no unusual circumstances resulting in a significant impact on the environment. There will be no damage to scenic resources, including trees, historic buildings, rock outcroppings or similar resources, within a highway officially designated as a state scenic highway. The Project is not located on a hazardous waste site or any other site included on a list compiled pursuant to Government Code section 65962.5. The Project will not result in significant adverse impacts to historical resources as defined by CEQA. Consequently, additional environmental analysis is not necessary to meet the requirements of the CEQA.
SECTION 5. The City Council hereby upholds the Board’s decision on DR 2026-0922 and VAR 2026-0923 as reflected in Board Resolution No. 2026-0922, including all conditions attached thereto, which such Resolutions and conditions are incorporated herein by this reference.
ADOPTED this 22nd day of September, 2026.
Mark Orgill, Mayor
Attachment 1
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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 September 22, 2026, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
City Clerk, City of Laguna Beach, California
Attachment 1
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EXHIBIT ‘A’
CONDITIONS OF APPROVAL
Standard Conditions:
1. Design Review 2026-0922 is granted for additions (424 square feet) including 172 square feet at the upper level and 252 square feet at the lower level, landscaping, to create new on-site vehicular access, and to exceed (1) the allowable building site coverage and (2) floor area, and variance 2026-0923 for front and side yard setback encroachments and to not provide the second required covered parking space. Approval is granted based on the development plans and landscape plans submitted by Horst Architects for Adam McNicol on April 13, 2026 and received by City on April 30, 2026. Said plans are approved as submitted and conditioned herein and shall not be altered unless reviewed and approved in accordance with Title 25 of the Laguna Beach Municipal Code.
2. That the conditions of approval contained herein, shall be made part of the construction drawings for the development. Construction drawings shall not be accepted for Plan Check without the conditions of approval incorporated into the construction drawings.
3. In the event that exhibits and written conditions are inconsistent, the written conditions shall prevail. If there are any disparities between these conditions and the plans or final revised plans that are approved for any subsequent phase, the conditions and/or plans as stipulated in the later approval shall prevail.
4. All plans, specifications, studies, reports, calculations, maps, notes, legal documents, and designs shall be prepared, signed, and stamped (when required) only by those individuals legally authorized to do so.
5. Approval of this application does not relieve the applicant from complying with other applicable Federal, State, County or City regulations or requirements.
6. The Applicant shall defend, indemnify, and hold harmless the City of Laguna Beach and its officers, employees, and agents from and against any claim, action, or proceeding against the City of Laguna Beach, its officers, employees, or agents to attack, set aside, void, or annul any approval or condition of approval of the City of Laguna Beach concerning this Project, including but not limited to any approval or condition of approval of the City Council, Planning Commission, Design Review Board, Community Development Director, or City Planner. The City shall promptly notify the Applicant of any claim, action, or proceeding concerning the Project and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officers, employees, and agents in the defense of the matter.
7. The Applicant shall be responsible for informing all subcontractors, consultants, engineers, or other business entities providing services related to the Project of their responsibilities to comply with these conditions of approval and all pertinent requirements in the Laguna Beach Attachment 1
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Municipal Code, including the requirement that a business license be obtained by all entities doing business in the City.
8. The Applicant shall pay all fees at the time fees are determined payable and comply with all requirements of the applicable federal, state, and local agencies. The duty of inquiry as to such requirements shall be upon the applicant.
9. Failure to comply with any of these conditions of approval is grounds for revocation of the entitlement(s) and is subject to any other available remedies to the City.
10. The Certificate of Occupancy shall not be issued until City staff has verified compliance with all conditions of approval.
11. The effective date of the entitlements granted herein do not commence until all appeals, including those to the California Coastal Commission, have been exhausted, statutes of limitation have expired, and any lawsuits, filed within the statutes of limitation, have concluded.
12. In the event any of the conditions of approval are infeasible, the decision-making body hereby authorizes the Community Development Director to modify those conditions in the most conservative manner possible, in accordance with the limitations of the City’s Municipal Code, to allow for the completion of the Project.
Standard Conditions of Approval for Design Review – Community Development Department
13. The approval granted by this Resolution shall lapse and automatically become void two years following the effective date if the privileges authorized by design review are not executed or utilized or, if construction work is involved, such work is not commenced within such twoyear period and diligently pursued to completion, unless an extension of time is granted pursuant to the provisions of the Laguna Beach Municipal Code. Extensions of time shall be requested in writing by the applicant or authorized agent prior to the expiration of the entitlements.
Project Specific Conditions for Design Review – Community Development Department
14. Landscaping Conditions. The landscaping shall be installed in accordance with the approved landscape plans. Thereafter, the landscaping shall be continuously maintained (including replanting, as necessary) in compliance with the approved landscaping plans, unless such plans are subsequently revised pursuant to a subsequent Design Review approval. Minor landscaping changes which does not have the potential to impact views at mature growth height may be exempt from Design Review.
15. Light trespass that results in glare is prohibited.
16. Outdoor lighting must be hooded, fully shielded, and aimed downward.
Attachment 1
41 -23- Reso. #
17. The Variance approval granted by this Resolution shall lapse and automatically become void two years following the effective date of the approvals unless a) a building permit is issued and construction is begun and diligently pursued to completion, or b) an extension of time is granted pursuant to the Laguna Beach Municipal Code. Extensions of time shall be requested in writing by the applicant or authorized agent prior to the expiration of the entitlements.
18. Modifications, additions or enlargements of structures upon property for which a variance has been granted shall not be allowed except pursuant to a subsequent variance as might otherwise be required or granted pursuant to the terms of Title 25 of the City of Laguna Beach Municipal Code.
19. Grading Export. Grading work and hauling of grading materials shall be restricted to the hours of 9:00 a.m. to 3:00 p.m., Monday through Friday. No work is permitted to occur on City holidays.
20. For development subject to Categorical Exclusion Order E-93-1, this approval shall be conditioned on the requirement that the public agency permit shall not be effective for twenty working days following Coastal Commission receipt of notification.
Standard Conditions of Approval – Building Division
21. The Project shall be required to comply with the City’s Construction hours, which are: 7:30 a.m. to 6:00 p.m. weekdays only; Hauling Hours: 9:00 a.m. to 3:00 p.m. Construction activity shall not be permitted on weekends or any Federal Holiday. Construction hours for the Diamond Crestview Specific Plan area may vary.
22. The Project must comply with the California Green Building Code (Title 24: Part 11) and include Best Management Practices (BMPs) throughout the construction phase, including but not limited to dust and sediment control, erosion control, and other measures as required by the Building Official.
23. Prior to the issuance of a building permit, the applicant may be required to present to the Building Official an asbestos abatement plan and appropriate documentation.
24. Prior to the issuance of a building permit, a construction staging plan shall be submitted to the Building Official for review and approval. The plan shall include a site plan that identifies construction material storage areas, construction parking, site access, etc. Refer to the informational guide for Construction Staging:
https://www.lagunabeachcity.net/home/showpublisheddocument/8878/637515890430300 000. Any recommendations made by the Board regarding staging plans or construction management will be forwarded to the Building Official for review and consideration.
25. Prior to the issuance of a building permit, the applicant shall submit a drainage plan prepared by a licensed civil engineer to the Building Official for review and approval.
Attachment 1
42 -24- Reso. #
26. Prior to the issuance of a grading permit, a grading plan must be submitted to the Building Official for review and approval. Elevations or height must be certified by a licensed surveyor. The compaction of grade must be certified by a licensed Engineer. The Building Official may also require a shoring plan when necessary. A Geotechnical Engineer shall be required to conduct onsite monitoring of the site during excavation and grading activities; and shall document any ground movement and notify the Building Official of any such movement.
Attachment 1
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