Planning commission approves revised resolution on Laguna Nursery sign variance after owner questions notice

The Laguna Beach Planning Commission on Aug. 29 approved a staff-revised resolution that records the commission—s earlier decision to grant one sign-area variance for the Laguna Nursery site, a decision the business owner said he only learned about by phone.

Anthony Viera, a city planner, told the commission staff posted a revised resolution the afternoon of the meeting to reflect the commission—s motion at the Aug. 20 hearing. "The applicant only needs 1 of the 3 requested variances," Viera said, explaining that earlier conditions required the removal of one wall sign and reductions to other signs so that two of the originally requested variances were no longer necessary.

Ruben Flores, owner of Laguna Nursery, spoke during the meeting and said he had not been given advance notice of the late revisions. "I had no idea that this was on the agenda," Flores said. He asked the commission for clarification and said he felt there was a gap between what he and others heard at the earlier hearing and what staff had posted. "Is this kinda like Trump stuff that's going on? I don't I don't understand why there's stuff that's being taken out of the file," Flores said.

City staff and commissioners described the sequence of events: staff's original draft resolution accompanying the Aug. 20 staff report did not include findings to grant variances because staff had recommended denial. At the Aug. 20 hearing the commission voted to grant one of the three requested variances and imposed conditions (including removing one sign identified in the plans), and staff revised the resolution to reflect that decision. As Viera summarized for the commission, "With the removal of that sign, the applicant was no longer exceeding the maximum number of total allowable wall signs for the site...the total calculated wall sign area does exceed the total allowable sign area for this site. And the planning commission found that that variance could be granted."

Commissioner Whiting told the commission she had not voted to make the variance findings at the prior hearing and said she would again vote no on the resolution for that reason. Commissioner Dubin said he supported the variance because of the building—s unusual configuration and recalled the commission had discussed returning the matter as a consent item at the subsequent meeting.

The motion to adopt Resolution No. 22-1901, as revised and with the evening's redlined changes, passed on a roll call vote: Commissioner Sadler voted no; Commissioner Whiting voted yes; Commissioner Dubin voted yes. Chair Kellenberg was recused from the item.

The revised resolution was returned to the planning commission at the applicant's request and to ensure the written record matched the commission's August 20 action. Commission discussion and the record show the remaining, operative request is for a single variance allowing a calculated total wall sign area that exceeds the city's sign-area limit, with conditions requiring removal or reduction of specified signs so the site otherwise conforms to code.

The commission did not take additional land-use evidence at the Aug. 29 meeting; commissioners and staff treated the hearing as a ministerial review to confirm the written resolution reflected the prior deliberations and conditions.

Votes at a glance - Resolution No. 22-1901 (Laguna Nursery sign variance): motion to adopt revised resolution passed (Yes: Whiting, Dubin; No: Sadler; Chair recused).