BOARD OF ADJUSTMENT/DESIGN RE lew BOARD

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1 CITY OF LAGUNA BEACH COMMUNITY DEVELOPMENT DEPARTlVIE STAFF REPORT HEARING DATE: January 13,2011 TO: CASE: APPLICANT: BOARD OF ADJUSTMENT/DESIGN RE lew BOARD Coast Highway (Montage Resort) APN # Design Review Coastal Development Permit Aileen Canta, Montage Resort Representative ENVIRONMENTAL STATUS: Categorically Exempt, Class 3 PREPARED BY: Scott Drapkin, Senior Planner (949) REQUESTED ACTION: The applicant is requesting Design Review and Coastal Development Permit approval to construct an outdoor garden meeti g area with ancillary cooking facilities that would replace an existing grass area at the M ntage Resort. Design Review is required for landscape modifications to a previously approved Design Review project and new structures and physical improvements in a water quality enviro entally sensitive area (WQESA). BACKGROUND: The Montage Resort entitlements were originally,\,pproved in association with the City approval of a Specific Plan and a Local Coastal Progr~. All proposed new development must be consistent with the approved Specific Plan and Local Coastal Program. The project area is located in the Resort Development Zoning District with a General Plan/Land Use classification of Resort Development. The proposed garden is lo ated in Planning Area (PA) 4a of the Treasure Island Specific PlanlLocal Coastal Program (L P). Pursuant to LCP Sections (d), (e) and (0), the proposed garden meeting area wi h an outdoor cooking facility is allowed with the approval of a Coastal Development Per it. In addition to the requirement of a Coastal Development Permit, all new construction w thin the Specific Plan Area is subject to the City'S Design Review Process (LCP Section 13.3). LCP Section (processing procedures) requires that project Coastal Developme t Permits, including architectural and landscape modifications, shall be reviewed and approve by the Design Review Board. STAFF ANALYSIS: The proposed new garden is approximately 2,5001square feet in area and is located between the existing "Studio Restaurant" and the terraced Resort pool area. The proposed new garden will be used to grow produce for the Resort's rest4urants and will also be used for outdoor lectures, receptions and small events. The propos d garden lecture area includes five planter boxes (each measuring 9 feet wide by 37 feet long and 2 feet high), approximately five seating tables (with chairs) and a 24" x 24" x 2' high permanent lectern for presentations. The garden area will be enclosed with low Texas Privet hedges (maximum threefoot high) and will also include an approximate 12-foot high outdoor gas' pizza oven. The pizza oven will be used to feed the lecture guests and the pizza will be g nished with the fresh produce from the proposed garden. Six citrus trees are proposed in the n w garden area adjacent to the existing pool walls. The proposed citrus trees will replace and be the same height as the existing trees.

2 & CDP Coast Highway January 13,2010 Page 2 The entry to the garden will be located at the northeastern portion of t e project site and will include a maximum three-foot high gated entry with two stone fa9ade p lasters located on each side of the gate (the stone will match the fa9ade of the existing Resort). rrigation and drainage will be provided as indicated on the plan. No permanent lighting is ide tified on the plan and only very minimal grading is anticipated in association with prepar tion of the necessary foundations. The existing internal Resort concrete pathway will remain without modifications. The garden site and the proposed improvements are located within the esort's buildable area and outside of the LCP required 20-foot setback. The proposed improvements are compatible with the surrounding Reso improvements, do not exceed the height of the adjacent structures and are not anticipated to r suit in any privacy or view impacts. Coastal Development Permit: Staff suggested findings for the Coast I Development Permit approval include 1Hand/or 1 M, 2B and 3A. The project is c nsidered "appealable development" to the California Coastal Commission because it is located etween the sea and the first public road paralleling the sea. Finding 1: The project is in conformity with all the applicable provisio s of the general plan, including the certified local coastal program and any applicable specific lans. IH: The associated project alteration is considered minimal because no gr ding is proposed (with the exception of the minimal earth removal required for the new founda ions). In addition, the garden area is generally located within the footprint of existing and djacent structures and would replace an existing grass area and therefore is considered ins gnificant and without potential impacts. 1M: Hazards due to wave, wind, runoff and ocean erosion have been inimized because the project observes the 25-foot bluff-top setback and the development is within the prescribed development limits established by the Treasure Island Specific PlaniL cal Coastal Program. Lastly, the project must comply with all requirements of Title 22 rela ing to excavation and grading. Finding 2: Any development located between the sea and the first public r adparalleling the sea is in conformity with the certified local coastal program and with the p blic access and public recreation policies ofchapter 3 ofthe Coastal Act. I 2B: The proposed development is located between the Pacific Ocean an Coast Highway at an existing Resort with an adjacent public accessible beach park. Both ve ical and lateral public access with public parking is available along this portion of the cast and the proposed development will not interfere with this public access. Therefore, 0 clear nexus can be demonstrated in this case for a public access dedication.

3 & CDP Coast Highway January 13,2010 Page 3 Finding 3: The proposed development will not have any significant a verse impacts on the environment within the meaning ofthe California Environmental Quality i ct. 3A: The proposed project is in compliance with the applicable rules and Iregulations set forth in the Municipal Code, General Plan and the Treasure Island Specific Plan/Local Coastal Program and will not cause any significant adverse impacts on the environment. ~n addition, the project has been determined to be ministerial, pursuant to the California Environmental Quality Act (CEQA) and categorically exempted from further environmental consideration based CEQA Categorical Exemption, Class 3. COMMUNITY INTEREST: There have been no letters or telephone c Is received by the City as ofthe date ofthis report. IDENTIFIED ISSUES: None. ATTACHMENTS: Photographs and Staff Aerial Photograph Exhibit.

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