TO:
Honorable Planning Commission Chair and Commissioners
THROUGH:
Michael Codron, Interim Community Development Director
FROM:
Adam Finestone, ACIP, Planning Manager
Tari Kuvhenguhwa, Associate Planner
SUBJECT:Title
Consideration of a Coastal Development Permit and Minor Exception for the construction of a single-family residence with less than the minimum amount of required open spaced located at 2800 Ocean Drive, and associated environmental determination finding the project is exempt from further review pursuant to the California Environmental Quality Act. (PLANNING CASE NOS. PE-24-00193/CDP-24-00123/ME-25-00028)
A) CONDUCT PUBLIC HEARING
B) ADOPT RESOLUTION NO. PC 25-XX
RECOMMENDATION:
Staff recommends that the Planning Commission: (1) conduct a public hearing; and (2) adopt the attached resolution approving the Coastal Development Permit and Minor Exception, subject to conditions, and finding the project categorically exempt from further review pursuant to the California Environmental Quality Act (CEQA).
APPLICANT:
Don E. Murphy, Trustee of the DJM Family Trust
4631 N. 61st Place
Scottsdale, AZ 85251
BACKGROUND:
On December 5, 2024, the Community Development Department received an application requesting a Coastal Development Permit (CDP) to allow the completion of a previously permitted and partially constructed new single-family residence (Project) located at 2800 Ocean Drive (Property). Upon review of the application, staff determined that the previously permitted project had been approved with less than the required amount of open space and requested that the applicant address the deficiency.
On January 21, 2025, the Community Development Department received an application requesting a Minor Exception to allow the project to provide less than the minimum required amount of open space and be considered a legally nonconforming condition due to Community Development staff review errors.
Prior Actions
On May 2, 2018, the Community Development Director approved a Coastal Development Permit (CA 18-01, included as Attachment 5) to allow the demolition of an existing duplex and the construction of a new single-family residence with an attached garage at 2800 Ocean Drive, and the CDP and building permit subsequently expired.
Expiration of Coastal Development Permit and New Application
A building permit was issued and construction commenced in reliance on this approval, however construction ceased prior to completion of the project. As a result, the building permit expired in 2022 and the structure has remained in a partially-completed state since then. Pursuant to Manhattan Beach Local Coastal Program Section A.96.170, “[a] Coastal Development Permit shall expire on the latest expiration date applicable to any other permit or approval required for the project, including any extension granted for other permits or approvals.” For this reason, when the building permit for the project expired, the CDP approving the project also expired.
The property was purchased by the applicant in 2024, who applied for a new CDP and building permit to complete the project.
Site Overview-
The subject site is a 1,200 square-foot parcel that is currently occupied by a partially-constructed (framed) three-story structure with a basement. Pictures showing the current state of the project site are included in Attachment 3 to this report. The Property is in the High-Density Residential (RH) zoning district, Area District III, with a General Plan land use designation of High Density Residential. In addition, the Property is located within the appealable portion of the Coastal Zone.
The site is surrounded by single- and multi-family residential uses on all sides. A vicinity map, included as Attachment 2, demonstrates the site configuration and surrounding uses.
Project Overview:
• Location: 2800 Ocean Drive
• Legal Description: Lot 11, Block 7 of Peck’s Manhattan Beach tract M.B. 7-34, except the North 50.00’ thereof
• General Plan Land Use: High Density Residential
• Zoning: RH (High-Density Residential)
• Area District: III
• Previous Use (Pre-Demolition): Multi-Family Residential (duplex)
• Proposed Use: Single-Family Residence
o Lot Size: 1,200 square feet (no change)
o Buildable Floor Area: 1,478 sq. ft.
§ Maximum Allowed: 2,040 sq. ft.
o Required and Proposed Setbacks
§ Front: 5 ft.
§ Side (east/interior): 3 ft.
§ Side (west/street): 1 ft.
§ Rear: 5 ft.
o Proposed Stories and Height: Three-Story (30 ft.)
§ Maximum Allowed: Three-Story (30 ft.)
o Usable Open Space: 304 sq. ft.
§ Minimum Required: 331 sq. ft.
o Required and Provided Parking: Two-car garage
Governing Regulations
The proposed project has been reviewed for compliance with applicable regulations, including the City’s General Plan and Manhattan Beach Local Coastal Program (MBLCP).
Manhattan Beach General Plan
The General Plan is a long-range policy document that identifies the community’s vision for its collective future and establishes the fundamental framework to guide decision-making about development, resource management, public safety, public services, and general community well-being. This vision is expressed in goals and policies that allow this vision to be accomplished. All projects are reviewed to ensure the project aligns with the General Plan’s goals and policies. The City’s General Plan was adopted in December 2003. General Plans contain required “elements”, or chapters, including a Land Use Element, which is used to guide the City’s development, maintenance, and improvement of land and properties.
The subject project was evaluated for conformance with the following applicable Land Use Element policies:
• Land Use Plan Policy LU-1.1: Limit the height of new development to three stories where the height limit is thirty feet, or to two stories where the height limit is twenty-six feet, to protect the privacy of adjacent properties, reduce shading, protect vistas of the ocean, and preserve the low-profile image of the community.
• Land Use Plan Policy LU-1.2: Require the design of all new construction to utilize notches, balconies, rooflines, open space, setbacks, landscaping, or other architectural details to reduce the bulk of buildings and to add visual interest to the streetscape.
• Land Use Plan Policy LU-2.2: Preserve and encourage private open space on residential lots citywide.
Manhattan Beach Local Coastal Program
A portion of the City is under the jurisdiction of the California Coastal Act. The California Coastal Act authorizes coastal jurisdictions to create Local Coastal Programs (LCPs) that, as described by the California Coastal Commission’s website, “specify appropriate location, type, and scale of new or changed uses of land and water. Each LCP includes a land use plan and measures to implement the plan (such as zoning ordinances). While each LCP reflects unique characteristics of individual local coastal communities, regional and Statewide interests and concerns must also be addressed in conformity with Coastal Act goals and policies.” The California Coastal Commission certified the City’s LCP in 1996.
The proposed project is located in the Coastal Zone; therefore, the project was reviewed for compliance with the LCP, including but not limited to the following sections:
• LCP Chapter A.12 - governs residential districts, including the High-Density Residential (RM) zoning district where the project is located. LCP Section A.12.020 allows single-family residences to be permitted by-right (without a use permit) in the RH zone.
• LCP Chapter A.84 - governs minor exceptions, which “[…] are generally intended to allow certain alterations and additions to certain nonconforming pre-existing structures.”
• LCP Chapter A.96 - governs the Coastal Zone (CZ), including the appealable portion where the project is located. LCP Section A.96.040 states that, “[E]xcept as provided by Section A.96.050, any person, partnership, or corporation, or state or local government agency wishing to undertake any development, as defined in Section A.96.030, in the CZ District, shall obtain a CDP in accordance with the provisions of this chapter, in addition to any other permit required by law. Development undertaken pursuant to a CDP shall conform to the plans, specifications, terms, and conditions approved or imposed in granting the permit.”
PROJECT DESCRIPTION:
Don E. Murphy, the applicant, is requesting a Coastal Development Permit and Minor Exception to allow for the completion of a previously permitted and partially constructed single-family residence with less than the minimum amount of required open space. The applicant proposes limited changes to the previously approved design, including the addition of 25 square feet of buildable floor area and the sizes and placement of openings for windows and/or doors. There are no proposed changes to the physical footprint of the exterior walls that have already been framed.
The applicant is requesting the Minor Exception to allow reduced open space and allow the exterior walls to remain in their current locations, in lieu of redesigning and reframing portions of the partially built structure.
DISCUSSION:
Public Hearing Requirement
Pursuant to MBLCP Section A.96.040, a CDP is required because the proposed project is a development, as defined in MBLCP Section A.96.030(I), within the Coastal Zone. Furthermore, pursuant to Sections A.96.030(D) and A.96.080(B) of the MBLCP, the Community Development Director, Planning Commission, and the City Council each possess decision-making authority on CDPs. Said decision-making authority is vested in whichever body has the responsibility for approving other permits required for the project.
The MBLCP allows for waiver of public hearings for “minor development” which, MBLCP Section A.96.260(A), defines as follows:
Minor development means a development which satisfies all of the following requirements:
1. The development is consistent with the City of Manhattan Beach Certified Local Coastal Program;
2. The development requires no discretionary approvals other than a coastal development permit;
3. The development has no adverse effect either individually or cumulatively on coastal resources or public access to the shoreline or along the coast.
Because this project requires a Minor Exception, as described in detail in the Project Analysis section below, it does not meet the eligibility criteria above so the public hearing requirement cannot be waived. As such, the Planning Commission shall consider this request for a CDP and Minor Exception at a duly noticed public hearing, prior to rendering a decision on the application.
No Net Loss and Reduction of Units
The Housing Crisis Act of 2019 (SB 330) established provisions requiring new housing developments that replace existing housing units to provide at least as many new units as were on the site prior to demolition. While the Property was previously improved with a duplex, the original land use entitlement that approved the demolition of the duplex and the construction of a single-family home was issued in 2018. The demolition permit was issued in June 2019, with demolition occurring in the second half of 2019. SB 330 took effect in January 2020, which means the demolition pre-dates the replacement unit requirement. As such, allowing the completion and construction of single-family residence (with minimal changes) is consistent with that original approval to allow a single-family residence to replace a duplex at this particular site.
Project Analysis
The following Project feature warrants additional consideration by the Planning Commission:
Usable Open Space
The proposed project complies with all LCP development regulations with the exception of the minimum usable open space requirement. The amount of usable open space that a single-family residential project is required to provide is dependent upon the proposed square footage of the residence. LCP Section A.12.030(M)(1) requires that “[t]he minimum usable open space (private and shared) in RM and RH Districts shall be provided as follows”:
For single-family dwellings in Area District III and IV and multifamily dwelling units in all districts, the minimum requirement is fifteen percent (15%) of the buildable floor area per unit, but not less than two hundred twenty (220) square feet. For calculating required open space, basement areas shall be calculated as one hundred percent (100%) buildable floor area, and fifteen percent (15%) open space shall be required for the basement square footage.
Based upon the buildable floor area of the previously approved and partially-constructed home (2,206 square feet, inclusive of basement), a minimum of 331 square feet of usable open space is required to be provided. The project, however, proposes 304 square feet of qualifying usable open space.
Pursuant to LCP Section A.04.030, usable open space is defined as follows:
Outdoor or unenclosed area on the ground, or on a balcony, deck, porch or terrace designed and accessible for outdoor living, recreation, pedestrian access or landscaping, that is not more than seventy-five percent (75%) covered by buildable floor area, and has a minimum dimension of five feet (5′) in any direction, and a minimum area of forty-eight (48) square feet; minus any parking facilities, driveways, utility or service areas, or any required front or side yards.
This definition has not changed since the original CDP was issued in 2018. However, the CDP that was issued in 2018, as well as the building permit that was issued in reliance upon it, the project was given credit for an open space area of 32 square feet even though the approximate dimensions (four feet by eight feet) did not meet the minimum area requirement of 48 square feet or the minimum dimension of five feet in any direction. While there is no prohibition in allowing open space areas that do not meet the minimum requirements noted above, said areas cannot be counted toward meeting the minimum open space requirement. This error was identified during the review of the current CDP application.
Typically, new construction or a major remodel is required to fully comply with LCP development regulations. That said, LCP Section A.84.120 provides for minor exceptions, wherein the Community Development Director may grant minor exceptions from certain regulations contained in the LCP for specified reasons. One such reason is that the existing, noncompliant construction is the result of staff review error(s) as to compliance with LCP standards in Sections A.12 through A.68, which is acknowledged to be the case in this instance.
Consistency and Compliance with Governing Regulations
Manhattan Beach General Plan
As noted above, the Project was reviewed for consistency with applicable General Plan goals and policies. The Project has been determined to be consistent with the following goals and policies for the reasons described below:
• Land Use Plan Policy LU-1.1: Limit the height of new development to three stories where the height limit is thirty feet, or to two stories where the height limit is twenty-six feet, to protect the privacy of adjacent properties, reduce shading, protect vistas of the ocean, and preserve the low-profile image of the community.
As the applicable height limit is 30 feet, the project is limited to three stories, and the small deviation in open space will have no impact on adjacent properties; therefore, impacts to shading and privacy are minimized, and the low-profile image of the community preserved.
• Land Use Plan Policy LU-1.2: Require the design of all new construction to utilize notches, balconies, rooflines, open space, setbacks, landscaping, or other architectural details to reduce the bulk of buildings and to add visual interest to the streetscape.
The project provides visual interest and architectural detailing via decks, open space areas and varied setbacks on the second and third floors, and the small deviation in open space does not compromise the structure’s design. In addition, low level landscaping will be planted throughout the site at the street level.
• Land Use Plan Policy LU-2.2: Preserve and encourage private open space on residential lots citywide.
The project includes open space on the ground floor and private decks/balconies on the second and third floors. Although the Project is deficient in meeting the minimum usable open space requirement by 27 square feet, 304 square feet of countable open space is being proposed. Additionally, even though it is ineligible to be counted toward the minimum open space requirement of 331 square feet, 32 square feet of additional open space area on the ground floor is being provided at the Property.
Interdepartmental Review
The Building & Safety Division and the Public Works Department have reviewed the request. The reviewing divisions and departments raised no concerns or objections to the proposed project.
Required Findings
Pursuant to LCP Section A.96.150, in order to approve a coastal development permit, the Planning Commission must make certain findings. LCP Section A.84.120(F)(2) requires findings be made prior to the issuance of a Minor Exception as well. The required findings are addressed below.
Coastal Development Permit
A. That the project, as described in the application and accompanying material, or as modified by any conditions of approval, conforms with the certified LCP.
The subject site is located within Area District III and zoned High-Density Residential (RH). The General Plan and Local Coastal Program/Land Use Plan designation for the property is High-Density Residential, which accommodates “all types of housing, and specifically housing development of a more intensive form, including apartments, condominiums, and senior housing.” The proposed single-family residence is permitted in the RH zoning district and complies with the City’s General Plan land use designation of High-Density Residential; as such, the project, as conditioned, will not be detrimental to the public health, safety or welfare of persons residing or working in or adjacent to the neighborhood of such use, and it will not be detrimental to properties or improvements in the vicinity or to the general welfare of the City.
The project is consistent with the residential development policies of the Manhattan Beach Local Coastal Program, specifically Policies II.B.1, II.B.2, and II.B.3 as follows:
II.B.1: The proposed structure is consistent with the building scale in the coastal zone neighborhood and complies with the applicable standards of the Local Coastal Program-Implementation Plan as demonstrated in the Project Overview summary above, provided that the open space deviation is authorized through the related minor exception request.
II.B.2: The proposed structure is consistent with the residential bulk control as established by the development standards of the Local Coastal Program - Implementation Plan, as the project meets all maximum requirements, and exceeds all minimum requirements as applicable, for height, number of stories, buildable floor area (BFA), setbacks, and parking. While full compliance with the minimum usable open space is requirement is not being proposed, this is addressed in the findings for the Minor Exception below.
II.B.3: The proposed structure is consistent with the 30-foot Coastal Zone residential height limit as required by the Local Coastal Program - Implementation Plan, as the proposed structure does not exceed the 30-foot maximum height limit.
B. If the project is located between the first public road and the sea, that the project is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act of 1976 (Commencing with Section 30200 of the Public Resources Code).
Pursuant to Section 30212(a)(2) of the Public Resources Code, the proposed structure does not impact public access to the shoreline. Adequate public access is provided and shall be maintained along Ocean Drive, 28th Street, Manhattan Avenue, and 28th Place. Furthermore, the Project does not create any new barriers along Ocean Drive, 28th Street, Manhattan Avenue, and 28th Place that prevent public access to the coast.
Minor Exception
A. The proposed project will be compatible with properties in the surrounding area, including, but not limited to, scale, mass, orientation, size and location of setbacks, and height.
Properties in the surrounding area are two- and three-story structures with approximately 870 square feet to 4,800 square feet of BFA. The structure will comply with the maximum allowable BFA for the site of 2,040 square feet, as the project will only be 1,487 square feet. The proposed structure will comply with all setback requirements. The project proposes a three-story structure in a three-story zone and will comply with the 30-foot height limitation for the Property. The minor open space deviation does not make the project incompatible with properties in the surrounding area, because it does not materially impact the project’s scale, mass, or orientation. Therefore, the proposed project is compatible with surrounding properties in terms of scale, massing, and size, and meets the required finding.
B. There will be no significant detrimental impact to surrounding neighbors, including, but not limited to, impacts to privacy, pedestrian and vehicular accessibility, light, and air.
The proposed structure will not impose on or negatively impact neighbors, as it will be comparable in scale and height to surrounding properties, and will comply with all setback, maximum height, and parking requirements. The minor open space deviation will not have a detrimental impact on surrounding neighbors because the subject area that cannot be counted toward the minimum requirement is adjacent to a street-side property line and not a property line shared with another private property, and is more than 13 percent of the lot width. Thus, the proposed structure would not impact privacy, accessibility, light or air, and therefore meets this finding.
C. There are practical difficulty which warrants deviation from Code standards, including, but not limited to, lot configuration, size, shape, or topography, and/or relationship of existing building(s) to the lot.
The incomplete, but framed structure has a non-compliant open space area along the western property line (adjacent to Ocean Drive). The sole way to comply with the minimum 5 foot dimension and the minimum 48 square feet for the open space area to be countable would be to redesign portions of the project and demolish and reframe in order to move the adjacent exterior wall inward by one foot. The incomplete structure provides a 4 foot dimension (rather than the minimum 5 feet), and measures 32 square feet (rather than the minimum required 48 square feet). This option would create a broader scope of work in comparison to the limited changes the applicant is proposing, compared to the original design from the expired permits.
This portion of the structure was constructed in a non-compliant manner as a result of staff review error(s) on the original (approved) plans. As the construction relied upon the dimensions and square footages provided in those plans, this Project is eligible for a minor exception to allow non-compliant construction to remain as result of staff review error.
D. That existing non-conformities will be brought closer to or in conformance with Zoning Code and Building Safety requirements where deemed to be reasonable and feasible.
The subject minor exception request is limited to providing relief from the requirement to bring the non-compliant open space area into conformance with current codes and application of those codes. The Project is deficient in meeting the minimum usable open space requirement by 27 square feet, by proposing 304 square feet that are eligible to be counted towards the minimum 331 square foot requirement (which is 91.84% of the total requirement). The LCP, through the minor exception process, allows for relief for non-compliant construction when it was the result of staff review error, as is the case for this Project. Because modifying the partially-built structure in this way to meet all LCP and Building and Safety requirements would not be a reasonable expectation given the unique circumstances, the project is consistent with this finding.
E. That the proposed project is consistent with the City's General Plan, the purposes of this title and the zoning district where the project is located, the Local Coastal Program, if applicable, and with any other current applicable policy guidelines.
The General Plan states that the High-Density Residential land use category “accommodates all types of housing, and specifically housing development of a more intensive form, including apartments, condominiums, and senior housing.” Thus, the project is consistent with the High-Density Residential land use category, as the proposed project is limited to the construction and completion of one, new single-family residence. In addition, the Project’s consistency with specific goals and policies is discussed in greater detail in the Manhattan Beach General Plan section above.
Furthermore, the project meets the intent of the LCP as the proposed project allows the applicant to make certain alterations to and complete a partially-built structure that has sat vacant for many years by the previous owner. The one non-compliant element being proposed is the open space dimension and minimum area size requirements, but all other open spaces areas meet the minimum dimensions and size requirements. The project also meets all other code requirements. Therefore, the proposed project meets this finding.
ENVIRONMENTAL DETERMINATION
The City has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Class 3 categorical exemption pursuant to Section 15303 (New Construction or Conversion of Small Structures) of the State CEQA Guidelines. Class 3 exemptions include the construction and location of limited numbers of new, small facilities or structures, including “one-single family residence, or a second dwelling unit in a residential zone.” Furthermore, there are no features that distinguish this project from others in the exempt class, and therefore, there are no unusual circumstances. Thus, no further environmental review is necessary.
PUBLIC NOTIFICATION AND COMMENT:
A public notice for the July 9, 2025, public hearing was published in The Beach Reporter, mailed to all property owners and residents within a 100-foot radius of the project site, and posted at City Hall, on June 26, 2025. As of the writing of this report, staff has not received any public comments.
CONCLUSION:
Staff recommends that the Planning Commission conduct a public hearing and adopt the attached draft resolution approving the Coastal Development Permit and Minor Exception, subject to conditions, and finding the project exempt from further review pursuant to CEQA.
ATTACHMENTS:
1. Draft Resolution No. PC 25-XX
2. Vicinity Map
3. Architectural Plans - 2800 Ocean Drive
4. Applicant’s Written Materials
5. Coastal Development Permit CA 18-01