Frequently Asked Questions (FAQs)
Disclaimers:
- State laws significantly constrain the City’s role in this matter.
- These FAQs are largely general in nature. The application was deemed incomplete on April 9, 2025, and project details will continue to change before the public hearing. A full and specific analysis will be provided in the public hearing agenda report once the project application is deemed complete.
Did the City receive an application for a project located at the Neighborhood Congregational Church site?
Yes, an application was submitted under Government Code section 65913.16 (enacted in 2023 by Senate Bill (SB) 4) on March 10, 2025. The City created this landing page for the project to provide interested parties additional information.
What is the tentative timeline?
Because the proposed project would include 150 or fewer units, by law the City must provide the development proponent with written documentation and explanation of which standard or standards the application conflicts with within 60 days of submittal (here, by May 9, 2025).
State law also limits the City to just a very limited “design review,” based solely on objective standards (nothing discretionary). That limited design review must be completed within 90 days of submittal (here, by June 6, 2025). The design review is not allowed to inhibit, chill, or preclude ministerial approval of the application.
Is the City requiring staking or story poles?
Yes, the City is requiring the applicant to erect story poles consistent with objective Design Review and Coastal Development Permit process requirements.
I’m concerned about the height, setbacks, or other project details. Can the City make the applicant change the project?
The project has been submitted under SB 4 and the Density Bonus Law, both of which limit the City’s discretion in reviewing and conditioning the application. SB 4 streamlines the approval process for qualifying affordable housing developments on properties owned by religious institutions, and the Density Bonus Law entitles applicants to relief from development standards such as height and setbacks. We understand that this may be frustrating, but state law significantly constrains the City’s role in this matter.
I’m concerned about how the project will impact evacuations.
The City completed a Wildfire Evacuation Study in 2021. The study evaluated the impact of 400 new housing units along or near SR-1. The 90th percentile Estimated Time of Evacuation (ETE) increases by as much as 25 minutes and the 100th percentile ETE increases by as much as 40 minutes as a result of the 400 new units.
With only 40 or so units, the project’s impact on evacuation times is likely limited to an increase of approximately 2.5 to 4 minutes.
Will the City fund the project?
The City understands the applicant will request City funding. The applicant has not yet submitted a formal request for funding.
If the applicant submits a formal request for funding, the City will require a clear separation of funding for the residential and non-residential components of the project.
Can a spiritual center qualify for approval under SB 4?
Yes, a spiritual center can qualify under SB 4 in two ways:
- Religious Institution: If the spiritual center use is officially run by a recognized religious group—like a church or other nonprofit religious organization—and follows state laws for religious nonprofits, it can qualify.
- Previously Approved Use: If the spiritual center use is previously existing and legally permitted by the City, it can qualify.
But in both cases, these things must also be true:
- The total non-residential building space (like sanctuary space, offices, or meeting rooms) can’t be bigger at the end of the new project than what was allowed before the project.
- The parking requirements for the non-residential space (like sanctuary space, offices, or meeting rooms) does not exceed what was already built before the project.
- The non-residential use — the spiritual center — has to follow the same rules it was given in the past, like how it operates and when it can be open.
What findings must the Planning Commission make when approving a Coastal Development Permit (CDP)?
The Planning Commission must make the findings in Laguna Beach Municipal Code Section 25.07.012(G) to approve a CDP:
- The project meets the requirements in the City’s Local Coastal Program;
- If the project were located between the ocean and the first public road, it must also follow the Coastal Act policies for public access and recreation — but this does not apply to this project because 340 St. Ann’s is not in that area.
- The project meets the requirements of the California Environmental Quality Act (CEQA).
Is a project that qualifies for SB 4 exempt from the California Environmental Quality Act (CEQA)?
Yes. SB 4 says that a qualifying project is not considered a “project” under CEQA. That means the City cannot require environmental reports, such as traffic studies or historic evaluations, or documents like a Mitigated Negative Declaration or Environmental Impact Report.
What studies are required?
Even though reports cannot be required for CEQA purposes for a project that qualifies for SB 4, the City does require certain technical studies under its Municipal Code. These include:
- A geotechnical report for grading work,
- A Water Quality Management Plan (WQMP) for new development generally,
- A Storm Water Pollution Prevention Plan (SWPPP) for projects that are one acre or larger,
- And preliminary drainage plans for site planning generally.
