CITY OF LAGUNA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT. Mojgan Momenan, Danielian Associates

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CITY OF LAGUNA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT HEARING DATE: August 12,2010 TO: BOARD OF ADJUSTMENT/DESIGN REVIEW BOARD CASE: Design Review 10-108 Coastal Development Permit 10-36 APPLICANT: LOCATION: ENVIRONMENTAL STATUS: PREPARED BY: Mojgan Momenan, Danielian Associates 29 Shreve Drive APN # 656-441-04 Pursuant to the California Environmental Quality Act (CEQA) guidelines, the project is categorically exempt under Section 15303, Class 3(a) (New Construction) that allows construction of one single-family residence in a residential zone. Belinda Ann Riva, Planning Technician REQUESTED ACTION: The applicant requests design review and a coastal development permit for a new 7,748 square-foot single-family residence, 268 square feet of storage/mechanical area and 756 square feet of attached garage area in the Laguna Colony Treasure Island Specific Plan Area. Design review is required for the new structure, excess covered parking, grading, pool and spa, water feature, air conditioning units, landscaping and development in an environmentally sensitive area due to oceanfront proximity and water quality. BACKGROUND: The Design Review Board heard the proposed project on July 22,2010 and continued the project so the applicant could address the Board's concerns regarding basement level ceiling height, rear setback, mature height of landscaping, amount of impervious surfaces and number of exterior lights. RESPONSE: Ceiling heights in the lower level have been reduced to 9 feet in the basement area toward the front of the property. The remaining areas in the lower level have ceiling heights reduced to 9'-6" except in the areas toward the rear of the property where 11'-5" ceiling coffer heights are maintained in between mechanical duct routing. With lowered ceiling heights, the amount of grading inside of the structural footprint has been reduced from 2,820 to 2,710 cubic yards of net export. In reference to the setback from the park area at the rear of the structure, the applicant clarifies that the proposed rear setback is compatible with neighborhood development in relationship to other homes along Shreve Drive.

DR 1O-108/CDP 10-36 e August 12,2010 Page 2 of2 The exterior lighting plan has been modified to remove all uplights on the main level with uplights to remain on the basement level. The applicant proposes to provide directional downlighting with a moonlighting effect to create a softer, diffused and natural effect. All lighting has been reduced to a 20 watt maximum. The landscaping plan has been modified to include planting replacements. Kentia palms will remain in the basement area, the building entry and the left corner of the front yard. The Carrotwood tree planted at the basement level shall be maintained not to exceed the roof height. The applicant has reduced the amount of impervious surfaces from 70.3 percent to 60.5 percent by removing hardscape areas in both side yards and basement patio areas. STAFF ANALYSIS: The applicant has modified the plans to address the Board's previous concerns. Please refer to the attached letter from the applicant summarizing the proposed changes. IDENTIFIED ISSUES: Basement level ceiling height, rear setback, mature height of landscaping, amount of impervious surfaces and number of exterior lights. COMMUNITY INTEREST: There have been no letters or telephone calls received by the City as of the date ofthis report. ATTACHMENTS: 1. Letter from Applicant 2. Minutes and Staff Report July 22, 2010 Meeting 3. Pre-Application Site Meeting Evaluation 4. Color and Materials Sample Board

DANIEUAN ASSOCIATES ARCHITECTURE + PLANNING SIXTY CORPORATE PARK IRVINE, CA 9 RECElv~!:n 06 P 949.4746030 F 949.474.1422 ~~ COM }.,,,i!<, DATE: JULY 28,2010 TO: FROM: RE: JUL 2 8 2010 DESIGN REVIEW RESPONSES'N'NGDIVIS'ON CITY OF LAGUNA BEACH, CA.~... MEMB.ERS.OETHE.DESIGNREV~EWBOARD AND'PLANNINGSTAFF=CITY~OFtAGUNA BEACH,CA BRIAN D. MILLER, AlA, LEED AP - DANIELIAN ASSOCIATES DESCRIPTION OF REVISIOSN AND RESPONSES TO ORB COMMENTS FROM MEETING ON 7/22/2010 FOR 29 SHREVE DRIVE Dear Members of the Board, We respectfully submit the following description of revisions and responses to the comments made at the initial Design Review Board review of 29 Shreve Drive, Laguna Beach, CA. Landscape Comments: We have revised the landscapeplartsfor29shreve Drive in tnemontage (The Breeze Residence) to accommodate the comments made by the Board members at the ORB meeting on July 22, 2010. Due to the short time fuse for resubmittall contacted Michael Wilkes to clarify some ofthe issues which he was very helpful in doing. The following revisions have been made to the plans in response to the ORB comments: 1. All Kentia Palms have been removed from both side yards as well as the rear yard (ocean side of the lot). When speaking with Michael Wilkes I asked him if it was ok to keep the Kentia Palms that we have shown in the basement area and he said this should be fine since it will take many years before they would reach roof level. I also asked him if it would be ok to leave two Kentias in the front yard ( street side) ofthe lot. One is located at the front left comer ofthe building and one in the middle ofthe building at the entry. Michael felt that both ofthese would be good locations that would not block side yard corridor views which he would like to keep more open for the neighbors view from above. The Kentias in these locations would help to shield or soften the aerial view of the building roof. All ofthe Kentias in the side and rear yards have been changed to other slower growing and dwarf Palms such as Robelini and Raphis Excelsa as well a low growing trimable small scale trees such as Citrus and Pittosporum Tobira. 2. The two Grant Bird of Paradise on the right side yard have been revised to Pittosporum Tobira which are much lower growing and maintainable. 3. The Pittosporum Tenuifolium on the right front (street side) have been revised to Camelia Sasangua, a much lower growing shrub.

4. The two Hollywwod Junipers at the front right and left have been revised to Pittosporum Tobira, a more maintainable lower growing shrub.,:;;~ 5. The Carrotwood tree shown on the plan is planted at the basement level (which was not clear on the original plan). This is now clearly noted and it is also noted to be maintained at 15' max above pad grade which would allow the tree to grow to 28' high and not be above the roof. This height limit is also noted on the legend sheet #4. 6. Lighting Plan: All uplights have been removed on the main pad level except for mini upjights in pots and small planters. The uplights that were kept as is at the basement level since they won't be seen by neighbors. A new design concept ~~ hasfeen~useiffonhetteesotftnem1fin padievel using a"moonlighting~~effectwith~a<iirectionai-downlight~ mounted up within the tree to cast down upon the lower landscaping instead of shining up into the tree. Diffuser attachments called "gobo" lenses can also be added to the down lights to create a softer diffused natural moonlight effect. Other uplights have been changed to low level path lighting where possible. All lights have been reduced to a minimum required for safety and low key aesthetic effect. 7. The impervious surface percentage was previously at 70.3%. We have removed some of the hardscape areas and added planting on both side yards as well as the three basement patio areas. This brought the impervious surface percentage down to 60.5%.. Hopefully these revisions meet with the Boards satisfaction. Please call me on my cell phone 949~51 0~3438 or you can reach me by email at Daniel@DanieIStewart.net with any questions or concerns. Sincerely, Daniel Stewart Daniel Stewart and Associates Architectural Comments: Basement Ceiling Height The Custom Residences at the Montage is an exclusive community within the wonderful city of Laguna Beach which through its development has garnered incredible land values. These values have dictated maximizing the buildable areas of the lots to the greatest degree feasible while maintaining a balance with the design guidelines, context of the community, and privacy of the home owners and general public. In conjunction with the compressed building heights (enforced to be lower the allowable maximum heights) and the values of the this land, the home owners in the community have extended below grade to create enhanced spaces at lower levels for truly value added living spaces with strong indoor/outdoor relationships. The spaces do not reflect the typical 'basement' feel but are living spaces of significance. To this point, each of the homes within the Montage community has a basement or lower level with the sole exception of 35 Shreve Drive. In fact 7 Atelier has a 2 level basement below grade. As a point of precedent related to land value and real estate comps, the basement level as become the rule rather than the exception.

With regard to the 'basement', or lower level height at 29 Shreve Drive, we have raised the floor elevatig,ds slightly in concession to the comments made by the board. It should be noted that the spaces at the lower level are not designed to be secondary spaces but are designed as integral living spaces within the home. Tti~ level includes a grand family room living space programmed with functions to foster family togetherness, growth, and expression of the owner's children together with bedrooms, office space and meditation space. As such, these spaces require natural light, ventilation, and height to express the openness found there. We, as a team, have spent careful attention to the design of multiple lower level courtyards (at the expense of first floor visible living space) to act as light shafts bringing natural light, air, landscaping and water to this lower level as a means to activate the spaces to inhabitants beyond feeling as if they are in a 'basement'. With this said, we have reduced the lower level ceiling heights to the lower levels rooms as shown below: -- -- - ~-.. _.. -- ----- ----_..._--- ---,",.,...- ".-----------..~-,",-,-- 9'-0" ceiling heights: Bedroom 5! Bath 5! Maid's rooml Mechanical rooms 9'-6" ceiling heights: Remainder of the lower level spaces with increased ceiling coffer heights (11 '-5") were allowable in between mechanical duct routing at the Family! TV room! Office and Yoga room. We feel that with the adjustments we are clearly in line with the context of other homes in this community (most with 10' to 11' ceiling heights at the lower levels) and have done our best to maintain the quality of space at this level. In conjunction with this modification to the design, there is a strategy in place by the builder (Seacrest Development, builder of 8 of the 11 built homes at the Montage community) to keep as much earth as possible on site reducing export to a minimum. Seacrest Development will be building the adjacent residence at 27 Shreve Drive concurrently. By doing so, they have the opportunity to use earth from the excavation at 29 Shreve Drive (this project) for backfill of the basement level at 27 Shreve Drive and will have additional space to stockpile earth for the backfill and final grading at lot 29 Shreve reducing export and in turn saving construction costs. Setback from Park Area at Rear ofhome This home has been designed in a manner to maximize space and indoor!outdoor relationships while maintaining privacy to the greatest extent to both the home owners and the public enjoying the public parkway along the bluff of the ocean. As such, the rear of the home is oriented toward a rear porch space that has been recessed into the home at a central location internalizing the public facing functions of the home. The Master Retreat! Living Room! Kitchen and Dining Room all focus on this space generously set back within the home. By doing so, we have created relief in the rear fa9ade and have greatly reduced the glazing directly fronting the rear and rear-side facing areas in trade-off for more angular, buffered views. This strategy is evident by the comments made by the Board in appreciation of the restraint in the extent of glazing on the most rear facing facades. 40% of the linear pace adjacent to the rear setback is open court space within the envelope of the home. The situation of this lot with respect to the open parkway is also at the point where the distance to the walk path is most generous. It is our feeling that we have made a successful effort to reduce the impact of this development to the public open space to a level commensurate, if not beyond, the other homes fronting the parkway, all of which push up to (and beyond with allowed projections) the rear setback line as a means to maximize utility of the lot and find a balance in the investment in the land and the privacy of both the individual land owners and the general public.

Please also find attached exhibits further clarifying the conditions of the other previously approved lots fljong this ledge (our existing context). The areas portrayed in pink are living spaces with solid covered roof GQvering while those in yellow are buffer spaces open to the sky. Again, you will find that the homes to both sidescof 29 Shreve have pushed up to the setback at the corners adjacent to our lot setting a perceived datum line;ibat we will meet and then pull back from in the center. This strategy of relief in the middle of the rear fa~ade with the corners pulled forward, allowing better privacy from neighboring lots, is typical to all of the lots along the parkway with the exception of 33 Shreve which hugs the setback line to the entire extent of the rear fa~ade. In summary, the entire team involved in the development of this home would like to thank you for your time in reviewing-the submitted revisions and-re!fp6nses~-29 ShreveWillbethe-4 Itl lionfewitfliri1flemonfage-- community that we will be Architect of Record and we look forward to its successful completion in a manner that all involved can be proud of. If you should have any questions, concerns, or comments prior to the subsequent DRB meeting scheduled for August 12, please feel free to contact any of us at the phone or email address included below. Sincerely, Brian D. Miller, AlA, LEED AP Principal Danielian Associates Brian D. Miller, AlA, LEED AP Principal Danielian Associates IArchitecture + Planning I 60 Corporate Park Irvine, CA 92606 P 949.474.6030 x124 F949.474,1422 bmiller@danielian.com www.danielian.com Project Manager Danie/ian Associates IArchitecture + Planning I 60 Corporate Park Irvine, CA 92606 P 949.474.6030 x188 F949.474.1422 mmomenan@danielian.com www.danielian.com Landscape Architecture 2753 Camino Capistrano # B2 San Clemente, CA 92672 P (949) 361-9388 F(949) 361-2673 daniel@danie/stewart.net Mojgan Momenan Daniel Stewart, ASLA President Daniel Stewart &Associates

"«e """I!~AH~ ~~~ ~EA~~~~ i LOT 4 29 SHREVE OR I LAGUNA BEACH, CALIFORNIA.,"""rJ:

CITY OF LAGUNA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT HEARING DATE: TO: CASE: APPLICANT: LOCATION: ENVIRONMENTAL STATUS: PREPARED BY: July 22, 2010 BOARD OF ADJUSTMENTIDESIGN REVIEW BOARD Design Review 10-108 Coastal Development Permit 10-36 Mojgan Momenan, Danielian Associates 29 Shreve Drive APN # 656-441-04 Pursuant to the California Environmental Quality Act (CEQA) guidelines, the project is categorically exempt under Section 15303, Class 3(a) (New Construction) that allows construction of one single-family residence in a residential zone. Belinda Ann Riva, Planning Technician REQUESTED ACTION: The applicant requests design review and a coastal development permit for a new 7,748 square-foot single-family residence, 268 square feet of storage/mechanical area and 756 square feet of attached garage area in the Laguna Colony Treasure Island Specific Plan Area. Design review is required for the new structure, excess covered parking, grading, pool and spa, water feature, air conditioning units, landscaping and development in an environmentally sensitive area due to oceanfront proximity and water quality. BACKGROUND: The proposed project is located in the Resort Development zone within the Laguna Colony Treasure Island Specific Plan Area. The 12,630 square-foot subject site is vacant. The topography of the property is characterized by a relatively large and level building pad with an average lot slope of approximately one percent. The new residence would consist of 3,657 square feet on the upper main level (exclusive of garage areas) and 4,091 square feet on the lower basement level. STAFF ANALYSIS: Design Review Criteria: Access: The Laguna Colony Treasure Island Specific Plan includes the Laguna Beach Colony Residential Design Guidelines and Maintenance Requirements ("Design Guidelines") that requires single-family dwellings to provide two covered parking spaces with a minimum area of 400 square feet. In addition, the applicant must provide a total of four parking spaces for singlefamily dwellings with four or more bedrooms. The project consists of five bedrooms, maid's quarters and an office (without closets). The applicant proposes two separate garages including a

e DESIGN REVIEW BOARD STAFF REPORT: DR 1O-108/CDP 10-36 July 22, 2010 Page 2 of4 one-car garage to the (project) north, a two-car garage to the south (756 square feet total) and one onsite parking space in the driveway of the one-car garage. The Design Review Board must make the finding that the third covered parking space will not increase the appearance of mass and bulk. Three-car garages are common in the neighborhood. Design Articulation: The project includes construction of a one-story residence with a basement. Separation of the two-car and one-car garage helps to minimize the perceived mass of three covered parking spaces. Also, paneled garage doors reduce the massing of the garage appearance from street view. The applicant achieves design articulation by use of finely detailed materials and the variation in color and type of materials may help to reduce the appearance of mass. A color and material sample board reflects a mix of neutral-colored ledger stone, cedar shingles and a dark slate stone roof. The roof contains small roof fontis that decrease scale and give proportion to the design. Main ridge lines have been designed to run perpendicular to the ocean to maintain view corridors. Design Integrity: The applicant defines the architectural style of the structure as contemporary Craftsman. In order to achieve this style as specified by the Design Guidelines, the applicant uses shingle siding in a natural cedar color with brown window trims and sills. Natural stone in a horizontal pattern compliments the siding. The proposed style and materials are consistent throughout the design. The applicant obtained Homeowners' Association Design Review Committee approval prior to scheduling for Design Review. Environmental Context: This property is located in an environmentally sensitive area due to water quality and oceanfront proximity. The proposed project includes a total of 8,908 square feet of impervious surfaces and a Water Quality Management Plan will be required during structural plan check. The applicant proposes three gas-burning outdoor fireplaces and one outdoor barbecue in the rear patio area. Estimated grading outside the building footprint will occur with 40 cubic yards of cut and 20 cubic yards of fill for a net export of 20 cubic yards. Approximately 2,820 cubic yards of grading will take place inside the structural footprint to accommodate the entire basement level. Landscape/Hardscape: A landscape plan has been included with the project submittal. The applicant proposes 3,944 square feet of hardscape and 8,908 square feet of impervious surfaces, approximately 70.3 percent of the total lot area. A combination of stone paving and poured colored concrete in addition to reinforced turf make up the proposed driveways. Landscape is located along the perimeter of the property; hardscape makes up the majority of outdoor living areas. The Design Guidelines do not require a minimum percentage of the lot to be designated as landscaped open space. Plans indicate that no existing vegetation is to remain. In addition, all plantings including the Howea Forsterana, Juniper, Ligustrum and Schefflera are all to be maintained within height restrictions. The applicant proposes a new pool with infinity edge features and all pool equipment will be located in a vault toward the rear of the property. Four, double-stacked horizontal air conditioning units are located on the main level behind the prep kitchen. These units maintain a 15'-3" setback from the south property line. Lighting and Glare: Exterior materials of stone and wood siding help absorb light. In reference to exterior landscape lighting, down lighting is used with all wattage a maximum of 20

e DESIGN REVIEW BOARD STAFF REPORT: DR to-i08/cdp to-36 July 22, 20to Page 3 of4 watt halogen low-voltage light to minimize and avoid glare. No skylights are proposed at this time. Neighborhood Compatibility: Designed within the parameters of the Laguna Colony Treasure Island Specific Plan, the project adheres to the Design Guidelines that specify materials, landscaping, parking and access requirements. The proposed home appears to be neighborhood compatible in terms of program, parking, access and materials. Surrounding uses include onestory single-family residences with basements. The design of the proposed three covered parking spaces is consistent with the pattern of neighborhood development. Privacy: The applicant incorporates outdoor living areas into the design at the rear of the property. The design includes private courtyards that are either on grade or subterranean to maintain privacy for the property owners and the neighbors. Adjacent neighbors designed their outdoor living areas toward the rear of their property facing the oceanfront; therefore, the proposed outdoor living areas should not affect the neighbors' privacy in relationship to existing living areas. View Equity: All elements of the architecture and landscaping are designed within the required height and setback limits. In select areas, roof heights are below the required height limit by more than two feet in order to maintain and protect views for neighboring properties. Guideline Violations: No guideline violations noted. Requested Variances: No variances requested. Coastal Development Permit: A Coastal Development Permit is required for all new structures within the coastal zone. Finding 1: The project is in conformity with all the applicable provisions of the General Plan, including the Certified Local Coastal Program and any applicable specific plans in that the project provides an area of conservation which buffers the adjacent environmentally sensitive area from the proposed development and a landscape plan has been prepared which protects the existing native vegetation in the buffer area to the greatest extent possible. (lc); and Finding 2: Any development located between the sea and the first public road paralleling the sea is in conformity with the certified local coastal program and with the public access and public recreation policies of Chapter 3 ofthe Coastal Act in that vertical and lateral access exists to and along this portion of the coast and the proposed development will not create any adverse impacts to this access; therefore, no clear nexus can be demonstrated in this case for a public access dedication (2B). Finding 3: The proposed development will not have any significant adverse impacts on the environment within the meaning of the California Environmental Quality Act in that the proposed project is in compliance with the applicable rules and regulations set forth in the Municipal Code and will not cause any significant adverse impacts on the environment (3A).

e DESIGN REVIEW BOARD STAFF REPORT: DR 10-108/CDP 10-36 July 22, 20 I 0 Page 4 of4 COMMUNITY INTEREST: There have been no letters or telephone calls received by the City as ofjuly 22, 20 10. IDENTIFIED ISSUES: No issues identified. ATTACHMENTS: Pre-Application Site Meeting Report Lot 4 Property Development Standards Color and Material Sample Board Vicinity Map

City of Laguna Beach - Community Development Department Pre-Application Site Development Review Meeting Evaluation Evaluation Meeting Number: 09-38 Date: 8/3/09 Planners: Nancy Csira met with Mojgan Momenan and Joe Digrado of Danielian Associates, Scott Franklin of Seacrest Developers, Inc. and the Angela Lee, the property owner. Site Address: 29 Shreve Drive Zone/Specific Plan: Resort Development/Treasure Island Specific Plan APN: 656-441-04 Background: The property is currently a vacant building site and no prior applications for development have been received by the City. Environmentally Sensitive Areas: Oceanfront proximity & water quality Development Standards: Front Setback: Rear Setback: Side Setback: Height: Parking: 20 feet 22-23 feet (varies) 15 feet each side 18 feet above the pad (pad elev. 52.0') For residences with 4 or more bedrooms - a 3-gar garage and one additional on-site parking space is required. The additional on-site space can be tandem and located within the required setbacks and driveway. Design Review Criteria 1. Access: Conflicts between vehicles, pedestrians and other modes of transportation should be minimized by specifically providing for each applicable mode of transportation. The applicant proposes to build a garages to accommodate three cars and provide additional on-site parking in the driveway to meet the parking requirements. 2. Design Articulation: Within the allowable envelope, the appearance of building and retaining wall mass should be minimized. Articulation techniques including, but not limited to, separation, offsets, terracing and reducing the size of anyone element in the structure may be used to reduce the appearance ofmass. The applicant proposes a one story home with a lower subterranean level that obtains natural light and ventilation from courtyards cut into the building pad. Exterior light wells, exiting stairs and enclosures shall be contained within the allowable building envelope. The design team proposes a reflecting pool cut into grade at the rear

elevation which is a new concept in this community. The proposed grade cut must be within the buildable area. 3. Design Integrity: Consistency with the applicant's chosen style of architecture should be achieved by the use of appropriate materials and details. The Treasure Island Specific Plan has strict guidelines for exterior finish materials and the applicant should obtain approval from the homeowner's association prior to submitting plans to the City. 4. Environmental Context: Development should preserve and, where possible, enhance the city's scenic natural setting. Natural features, such as existing heritage trees, rock out-cropping, ridgelines and significant watercourses should be protected. Existing terrain should be utilized in the design and grading should be minimized. The existing building pads were developed when the resort hotel was built. There are no natural features present. 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 local coastal program. 6. 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 Treasure Island Specific Plan has strict guidelines for the proposed landscaping plans including maximum heights of trees in the front and rear yards (20 feet) and side yards (15 feet). 7. 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 should be avoided or mitigated to a level of insignificance in those locations where those surfaces are visible from neighboring properties. The applicant proposes skylights which may impact the uphill neighbors. A typical solution for the impact include installing light sensitive night shades to prevent night lighting from escaping and hindering the night views from neighboring properties. 8. 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.

It appears that the proposed 7,800 square-foot single-family residence is consistent with the neighboring residences within the Treasure Island Specific Plan custom home lots. 9. 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 applicant assures that privacy concerns will be addressed with adjacent properties and homeowner's association approval will be obtained prior to submitting plans to the City. 10. Swimming Pools: Swimming pools, spas and water features shall be located, designed and constructed where: (a) Geology conditions allow; (b) Noise produced by circulatory mechanical pumps and equipment is mitigated; and (c) Any associated fencing or other site improvements are compatible with neighboring properties. The applicant proposes a spa and infinity edge water features. The pool equipment is proposed to be in the subterranean basement area. It air conditioning units are proposed they must be identified on the site plan and cannot be within the required side yards or front yard. 11. 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 as described and illustrated in the city's "design guidelines." The "design guidelines" are intended to balance preservation of views with the right to develop property. The applicant is aware of view corridors from the surrounding properties. The applicant is required to contact all property owners within 300 feet of the site for a neighborhood meeting. Potential view issues could be from the Montage Condominiums, Montage custom homes/lots, and Blue Lagoon. The applicant asked about required approval for a play structure and staff provides the following policy: "Structure" Regulations The City's Zoning regulations regarding "structures" are stringent. Design Review Ordinance, Section 25.05.040(8), states: "All new buildings, structures and physical improvements and relocations, additions, extensions and exterior changes of or to existing buildings, structural and non-structural improvements, including landscaping and grading shall be subject to design review, except as otherwise provided in Section 25.05.040(8)(2)." Section 25.08.034 defines a "structure" to mean "anything constructed or built, any edifice or building of any kind or any piece of work artificially built up or composed of parts joined together in some defined manner, which location on the ground or is attached to something having a location on the ground, except outdoor areas such as patios, paved areas, walks, tennis courts and other similar recreation areas." Notwithstanding the above, code enforcement does not regulate the following: Lawn furniture and umbrellas Portable 88Q's and fireplaces EZ-Up type canopies (except if used as a carport) Potted plants of any size

Flags (unless there is a new flag pole structurally installed in the ground - which is treated as a structure andrequiresapproval.).....".,.....>.., '."...,'.'.' sets and 'mtr:rqr' playequipm&111 (ume$s.theyal"(t;~ ~~ is.srnalllm" minor 5.05:~{S)(2~n), solves,and a heftt1t Iim./iiff1fat. rec~1f~k1 itta~ltrllct d.ln a~ili.alc~.e;$i; Potential Variance Issues: No variances are contemplated. Special Processing Requirements: Following zoning plan check, Design Review Board approval and a Coastal Development Permit will be required. Design review will be required for the new structure, skylights, chimney height spa, water features, air conditioning units (?), play structure (?), landscaping, and construction in an environmentally sensitive area due to oceanfront proximity and water quality. This preliminary evaluation is being provided to applicants and their design advisors to utilize as early as possible in the design stage of a contemplated project so that the ensuing design is more likely to meet the Design Review Board's approval before substantial time and resources have been expended. However, this preliminary evaluation provided by staff does not bind the Design Review Board in any manner in its review of or decisions on an application.

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