Commission conditions approval of Forest Avenue Mall design review: painted brick must be stripped

Laguna Beach's Planning Commission approved a modified design review for the Forest Avenue Mall (332'334 Forest Avenue) but required the applicant to remove paint from brick at two ground-floor corners after staff confirmed prior conditions of approval had not been followed.

Staff summary and history: Planning technician Sarah Olsen described the site and the prior June 5, 2024 planning commission approval that allowed a monochromatic charcoal color scheme on the three-story mixed-use building but included conditions that the brick adjacent to the parking garage remain unpainted (condition 13) and that the trim color be darker than the primary body color (condition 14). Olsen told the commission a code-enforcement case was opened on Dec. 4, 2024 based on a complaint that those conditions were not followed and that the paint applied to the building has a green undertone and a glossy finish that accentuates material variation.

Applicant presentation and explanation: Owner Dan DeClark and project designer Bob White told the commission they believed the painted single-tone treatment was appropriate and said the brick was a thin applied veneer that, after painting, read as an incongruous red patch. White described the decision to paint as taken in the field by the project team while painters were on site: "When the painters were there, I made the call that it was the right thing to do." DeClark and White apologized for the misunderstanding and said they had intended to make a significant aesthetic improvement to the building.

Commission discussion centered on process and code enforcement. Commissioners pressed staff and the applicant about why the prior condition was not followed and whether fines or other enforcement steps had been taken. Staff and the planning manager explained code enforcement is progressive and that the city had provided written notice but had not escalated to fines. Staff also said applicants may reapply to have prior conditions modified; the commission must weigh the evidence in the current application.

Action taken: After deliberation the commission voted to adopt the resolution approving design review application 25-0697 with a modification: the commission declined the applicant's request to leave the brick painted and instead conditioned approval on stripping paint from the brick adjacent to the parking garage at the sidewalk (both corners). The commission also removed prior condition 14 (the darker trim color) so the trim color is not required to be darker than the body. A commissioner moved to adopt the resolution with those conditions; the roll call vote recorded Commissioner Goldman, Commissioner Whiting, Commissioner Dubin and Chair Sadler voting yes; Commissioner Kellenberg was absent. The motion passed and the 14-day appeal period to the city council begins with the commission's action.

Implementation and enforcement: Staff advised that code enforcement will continue to work with the applicant on how to implement the brick repaint removal and that removal could require sandblasting or other methods; staff will coordinate timing and the technical approach with the applicant and code enforcement to effectuate the commission's condition.

Context and precedent: Commissioners noted frustration about receiving reapplications after permit conditions were not followed and discussed whether the city should change process or enforcement practices. Staff said applicants retain a right to reapply and that the city requires cost recovery for staff time through application fees. The commission limited its action to the merits of the current application while also directing staff to communicate the outcome to code enforcement.

Votes at a glance: Design Review 25-0697 '1: approved with condition to remove paint from brick; roll call 4-0 (Kellenberg absent).