Laguna Beach City Council
November 18, 2025

(1) The proposed design of the project complies with all applicable provisions of the Laguna Beach Municipal Code; and
(2) The physical improvements and site developments are designed and located in a manner in overall consistency with the design review criteria specified in Section 25.05.040(H).

LBMC Section 25.05.040(H) Design Review Criteria.
(1) Design Articulation (former Criteria #2). Within the allowable building 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 any one element in the structure may be used to reduce the appearance of mass. (2) General Plan Compliance (former Criteria #5). The development shall comply with all applicable policies of the general plan, including all ofits elements, applicable specific plans, and the certified local coastal program.
(3) Historic Preservation (former Criteria #6). Destruction or alteration to historic resources should be avoided whenever possible. See Chapter 25.45 for more information. ( 4) Landscaping (former Criteria #7). 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.
(5) Lighting and Glare (former Criteria #8). 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 ( e.g. skylights, white rock roofs, high-gloss ceramic tile roofs, reflective glass, etc.) should be avoided or mitigated to a level of insignificance in those locations where those surfaces are visible from neighboring properties.
(6) Neighborhood Compatibility (former Criteria #9). 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. (7) Privacy (former Criteria #11). 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. (8) View Equity (former Criteria #16). 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.

Therefore, City staff recommended repealing Access (former Criteria #1) Design Integrity (former Criteria #3) Environmental Context (former Criteria #4) Pedestrian Orientation (former Criteria #10); Public Art (former Criteria #12); Sign Quality (former Criteria #13); Sustainability (former Criteria #14); and Swimming Pools (former Criteria #15). City staff also recommends corresponding amendments to the Design Review Guidelines.
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Following the March 12, 2025 meeting, staff recommends suggesting to the Planning Commission the Council's likely intent, following the public hearing process and subject to further information, to repeal all noted above for repeal except for Access (Criteria #1), which evaluates and minimizes conflicts between vehicles, pedestrians and other modes of transportation, and Pedestrian Orientation (Criteria #9), which evaluates pedestrian orientation for commercial development. Staff does not propose any changes to the content of Access (Criteria #1), which is repeated below for ease of reference, but does propose some changes to Pedestrian Orientation (Criteria #9), as reflected in underline and strikethrough below:
• Criteria No. 1. Access. Conflicts between vehicles, pedestrians and other modes of transportation should be minimized by specifically providing for each applicable mode of transportation. Handicapped access shall be provided as required by applicable statutes.
• Criteria No. 9 Pedestrian Orientation. Commercial and mixed-use with commercial development design shall maintain, to the maximum extent possible, the existing pedestrian orientation and improve upon it, when feasible. Design techniques that support a pedestrian orientation may include articulated building masses, frequent building entrances, display windows near the sidewalk, outdoor activity spaces, and appropriate use oflandscaping and lighting. Blank walls should be avoided, to the maximum extent feasible. Commercial development design shall enhance and encourage pedestrian uses.

Incorporation of articulated building masses, compact open spaces and courtyards, mixed use developments, use of landscaping as part of design, and orientation to pedestrian access should be maximized.

II - TRIGGERS FOR DESIGN REVIEW
Staff presented various "buckets" of information at the Joint Meeting. Much of the discussion on March 12, 2025 centered around several concepts, including:
• Common Practices Not Yet in the Code. In some cases, staff has procedures and interpretations that are not clearly outlined in the Zoning Code. This effort attempts to codify these approaches, such as the entire concept of Zoning Clearance.
• Triggers for Design Review. This bucket of changes focuses on reducing the level of subjective design review required for various project types. These included:

A. Inverting the DR relationship. Our changes would state that DR is required for projects clearly identified by the LBMC as needing DR, versus requiring DR for all projects unless otherwise called out as "Exempt from DR" or subject to "Admin DR." The below illustrates the change in concept (Current and Proposed):
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Current Proposed
What does the Code say about the Project? What does the Code say about the Project? This project is
subject to DR
It's Silent
This Project is
Exempt from DR
• Goes to Adm in DR or
ORB
~
Goes to Aclm in DR or
ORB
Project is Exempt
from DR {or can be
referred up to Ad min
DR or ORB
This project is
subject to DR
It's Silent
Th is Project is
Exempt from DR
.._ Goes to Ad min DR or
ORB
~
Project may only need a
Building Pen i
Project is Exempt
from DR ( or can be
referred up to Adm in
DR or ORB
B. Adding to the types of projects that are Exempt from DR. These include, but are not limited to (generally):
a) Changes that do not constitute a major remodel.
b) Improvements less than 16' above adjacent ground elevation. c) Interior modifications to existing structures.
d) Re-roofing projects that don't change the slope, roof dimensions, square footage, or pitch and that don't create a reflective glare.
e) Certain hardscape and landscaping.
f) Fences, walls, and hedges that are consistent with the LMBC. g) Decks, slabs, or patios elevated 3' or less above the existing grade. h) Railings.
i) Skylights with operable night shades.
j) SB 9 units, only as limited by the Code.
k) Mechanical equipment that meets noise and other requirements. 1) De minimis capital improvement projects.
m) Swimming pools, spas, and water features 1
.

In this section of the Code, we also propose removing from any type of design review an applicant's proposed changes to a front-facing fa<;ade of a home or commercial property, as long as the project is less than a major remodel. These are changes like swapping out stucco for siding, or siding for stucco. Our thinking is this: If an applicant is proposing "less than a major remodel" type changes to a home or commercial property in Laguna Beach, arguably:
• We should give that applicant the benefit of the doubt that the changes they identified are appropriate for the home or business and that the final product will be appropriate for the neighborhood.
• As fire insurance requirements change, and as State building codes change, we may see more homes want to transition from older wood siding to improve the fire resistive nature of their home, and would like to be as flexible as possible in allowing those changes. 1 Such projects may be subject to a coastal development permit exemption or to an administrative coastal development permit. 103
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C. Changes that move certain projects from full DRB review to Admin DR- i.e. adding to the types of projects that can have their DR addressed by City Staff versus the Planning Commission/DRB.

During the application process, an administrative public hearing can be held if neighbors ask for the hearing after receiving appropriate notice. If neighbors are noticed and do not respond, the project is approved without a public hearing. These include, but are not limited to (generally):
a) Certain landscaping.
b) Decks, slabs, or patios elevated more than 3' above the existing grade. c) Minor alterations to historic resources, when the alterations are in conformity with the US Secretary of the Interior's Standards for Treatment of Historic Properties. d) Re-roofing projects that change the slope, roof dimensions, square footage, or pitch or that do result in white or light-colored roofs.
e) Detached fireplaces.
f) The addition of skylights without operable night shades. g) Telecommunications facilities.
h) Above-ground utility structures.
i) Certain minor capital improvement projects.

The Community Development Director may refer Admin DR projects to the full DRB or Planning Commission if the Director deems it appropriate.

Following the March 12, 2025 meeting, staff recommends suggesting to the Planning Commission the Council's likely intent, following the public hearing process and subject to further information, to maintain all of the items noted above.

III- Other/ Miscellaneous Items. In some cases, the City's processes can add to inefficiencies that slow project considerations. In other cases, design review criteria appear in multiple sections of the LBMC within neighborhood reference sections (where they are arguably not needed). We are also taking this opportunity to improve our transparency with the public by clearing up ambiguities in the LBMC. In many cases, these code ambiguities are resolved through policy interpretations that have been rendered over the years. Today, that can mean that correct code interpretations may rely on institutional knowledge (yours and ours) to navigate the development process. These changes include:
1) A new limitation on applications to 2 DRB or 2 PC hearings with substantive discussion by the reviewing body and a prohibition on resubmittals on the same parcel for six (6) months; and 2) Removal of some duplicative language in other sections of Title 25 that apply the same or similar design criteria to various neighborhoods; and
3) Rewording some development standards and other key code provisions for clarity to improve consistency in how planning staff and design professionals are interpreting and applying requirements to projects.

Following the March 12, 2025 meeting, staff recommends suggesting to the Planning Commission the Council's likely intent, following the public hearing process and subject to further information, to maintain all of the items noted above - While staff acknowledges some concerns expressed by the reviewing bodies that a third public hearing may be necessary, the code already allows a process by which the reviewing bodies can make certain findings to allow a third hearing. Three public hearings, which address design changes, result in a great burden on staff to prepare staff reports analyzing the applicant-proposed project, 104
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feedback from the DRB/Planning Commission, an applicant's changes (some or all), and staffs analysis on the new project. By communicating up front with the public about the allowance for two public hearings only, staff is hopeful that applicants will consider and implement the DRB/Planning Commission's feedback more expeditiously. Given that staff is proposing to remove the public hearing requirement from the Municipal Code and insert it into a City Council resolution, the City Council may consider changing the number of hearing requirements quickly and easily in the future, when the issue of the backlog has resolved.

IV - Public Works Projects. On March 12, 2025, we proposed the following changes to how Public Works projects are reviewed by the Planning Commission:

Proposed What Exemp Admin Code Says Item tfrom DR DRB/PC Now DR City of Laguna Beach Public Works Projects / CIP
Items
■ De Minimus. Feasibility and planning studies, street, X AdminDR sidewalk and trail improvements within existing for repair rights-of-way, pipelines, alterations and repairs to and parking lots, small habitat restoration, similar projects. maintenance ■ Minor CIP Items where the project has been designed X to make minimal changes to the environment / local PC
aesthetics - such as alterations to existing facilities, roadway, sidewalk, and trail improvements,
replacement of damaged facilities, individual signs,
small structure construction or demolition.
■ Major capital improvement projects that affect Main PC PC Beach, Heisler Park, the Village Entrance, the
Downtown, Bluebird Park, Moulton Meadows Park,
Lang Park, or Alta Laguna Park
■ Design programs for city-wide features which are GG enly PC visible to the general public and contribute to PC for
community character (i.e. fire stations, beach concept
accessways, wastewater pump stations, LG towers, review City park and beach improvements)
■ Utility Undergrounding Projects X PC
We also talked about process improvements outside of the Code that could help here - these include:
• Improving early dialogue and feedback between the public, Planning Commissioners, and the Public Works team (including designers)- i.e. a more communicative early/ concept review. • Suggesting specific artistic and aesthetic direction about projects within Requests for Proposals (RFPs ), such as identifying iconic designs or architecture in Laguna Beach as examples of what the community will expect to be captured in an improvement's final design. • Requiring that respondents to RFPs have an art consultant as a part of the project team. 105
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• "If a project is mainly about landscaping, have a landscape architect as the lead." Following the March 12, 2025 meeting, staff recommends suggesting to the Planning Commission the Council's likely intent, following the public hearing process and subject to further information, to:
• Maintain all of the items noted above except for requiring Planning Commission concept review of "Design programs for Citywide Features"; and
• To direct Public Works staff and the City Manager to include the above four (4) bullet points into the procurement process to the maximum extent possible.

V - LARGER CONCEPTS FOR THE CZCU
Also on March 12, 2025, we discussed the following concepts that may involve broader changes to the Code than the Revised Efficiency Ordinance, including possible changes to the General Plan. These would not necessarily be included in the Efficiency Ordinance, but instead could be developed in a phased approach coterminous with the Ordinance, or embedded within the CZCU. We recommend that the following be pursued (in order of importance):
1 - First Priority - Complete As Soon as Possible.
• Adding a purely objective design standard pathway to approving a new home (single family or multi-family). The Code would be changed to allow an applicant to forgo subjective design review - this would apply generally where the project:
o Does not involve a variance.
o Stays below lower (new) height limits than is otherwise allowed if the DR path is followed. o Stays within larger (new) setbacks than is otherwise allowed if the DR path is followed. o Is designed with an architectural style that is pre-selected to be compatible with the neighborhood.
o Has a defined ( and minimal) impact on neighbor views. • Parking Requirements. Council directed that staff move expeditiously to bring back an item that would mirror the Downtown Specific Plan's parking requirements (3 spaces per 1,000 SF) in other commercial areas. This may still require a fairly detailed parking study, or amendment to an older parking study, to accomplish.
2-Second Priority- Wrap Within the CZCU.
• Changing Definition of a Major Remodel. As discussed above, the City has implemented the definition of "Major Remodel" that is currently reflected in a handout that is posted to the City's website. The handout has two different definitions of "Major Remodel" one in the Coastal Commission's appealable area and the other in the non-appealable area. City staff believes that adding a formal definition of "Major Remodel" to the code will assist planners in processing applications and further reduce appeals to the Coastal Commission.

City staff also intends to evaluate what should occur when a "Major Remodel" is triggered. Should a "Major Remodel" trigger a requirement to bring the entire structure into conformity with current day standards? Would such a requirement be contrary to the uniqueness and character of some properties? Would we create opportunities for better projects if someone could propose remodeling 106
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5 5-70% of their structure and not lose the non-conformities that are characteristic of older Laguna properties?
• ESAs/ Significant Water Courses. The code's language about how to address development near or over significant water courses or Environmental Sensitive Areas (ESAs) may be in need of revisions. Presently significant water courses may not be altered except "as necessary to enhance its natural characteristics or its functional or ecological purposes, or in the interest of public safety as determined and approved by the City Engineer." Further, a setback of twenty-five feet must be maintained from both sides of the centerflow line. City staff has faced challenging projects wherein property owners would like to underground areas of a significant watercourse to allow development on the site, but the findings are very difficult to meet. City staff has faced contentions that the mapped significant watercourses do not serve distinct functional, scenic, or ecological purposes.

The City Council could consider allowing alteration of significant watercourses based on different findings or, alternatively, could study whether the mapped significant watercourses (identified in the Open Space and Conservation Element) are truly serving a functional, scenic, or ecological purpose. If not serving such purposes, the City could move forward with deleting such mapped watercourses from the Open Space and Conservation Element's environmentally sensitive area map. • Commercial Zones. Some goals here could be:
o An overall simplification of Commercial Zones - to winnow down the number of different subclassifications for increased consistency and simplicity. o To see if the Inner Laguna Canyon area- now zoned MIA (light industrial)- could have more housing opportunities, especially for artist live/work housing. o Study the current commercial focus of the Glenneyre corridor, which today is focused more on office/ commercial than local-serving retail/ commercial.

O More "by right" uses (versus the use of a Conditional Use Permit). o Regarding Formula Based Businesses, there are some cases where a smaller "chain" ( one that may have 2-10 other stores across the region or state) may be excluded from coming downtown, even as there may be great merit ( economically and for community benefit) in having them here.

Staff would be interested in hearing if Council members and others wish to revise the FBB limits to, for instance, prohibit FBBs over a certain square footage (such as 2,500 SF). • Blufftop Ordinance. On March 7, 2023, City staff presented the bluff overlay district ordinance to solve certain planning issues. City staff thereafter pursued environmental review of such ordinance but paused the environmental review. This ordinance is well-suited to fold into the CZCU to gain further progress.
3 - Defer Indefinitely. Creation of a Heritage Commission. On January 31, 2025, the Council briefly discussed creating a Heritage Commission to oversee design review for historic properties (versus sending these properties to DRB or PC, as is done now).

FINANCIAL ANALYSIS
The recommended action - focused around direction and discussion - has no financial impact at this time. 107
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ATTACHMENTS

1. Revised Design Review Efficiency Ordinance (Pgs. 10-)

2. Link to Agenda Item of March 12, 2025 (Materials from the Joint Session) lagunabeachcity.granicus.com/Meta Viewer.php?view id=3&clip id=2600&meta id=218453 Report Prepared By:

Dave Kiff, City Manager and Jane Abzug, Assistant
City Attorney
Coordinated With:

David Contreras, CD Director
Matt Schneider, Assistant CD Director
Megan Garibaldi, City Attorney
Anthony Viera, Planning Manager
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ORDINANCE NO. XXXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF LAGUNA BEACH, CALIFORNIA, AMENDING ITS

LOCAL COASTAL PROGRAM AND MUNICIPAL CODE
TO MODIFY TITLES 25 (ZONING), 22 (EXCAVATING,
GRADING, AND FILLING), 14 (BUILDING AND
CONSTRUCTION), AND 7 (HEALTH AND SANITATION)

TO STREAMLINE THE DESIGN REVIEW AND OTHER
PERMIT PROCESSES; AND FINDING SAID ACTION

EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT UNDER CEQA GUIDELINES SECTION
15061
Attachment 1
WHEREAS, the City of Laguna Beach, California ("City") is a municipal corporation, duly organized under the California Constitution and laws of the State of California; and WHEREAS, pursuant to the police powers delegated to it by the California Constitution, the City has the authority to enact laws which promote the public health, safety, and general welfare of its citizens; and
WHEREAS, periodically the City identifies sections of its Local Coastal Program and Municipal Code that are outdated, unclear, conflict with other Municipal Code sections, or warrant modifications to improve or enhance the functions and operations of the City; and WHEREAS, under its police power, the City Council desires to amend its Local Coastal Program and Municipal Code to streamline the design review and other permit processes within the City; and
WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH DOES ORDAIN AS FOLLOWS:

SECTION 1. Recitals. The recitals set forth above are true and correct and are hereby adopted as findings in support of this Ordinance as if fully set forth herein. 10 109
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SECTION 2. Code Amendment. Section 22.l 0.010 (Permits required) of Chapter 22.10 (Permit Required) of Title 22 (Excavating, Grading, and Filling) is hereby amended to add subsection (e)(6) to read as follows:
(e) Exceptions. A grading pennit shall not be required for any of the following conditions, but in all other respects the provisions of this title shall apply:
(6) Backfill for a swimming pool if authorized by a valid building permit.

SECTION 3. Code Amendment. Section 25.08.008 (Words beginning with "D.") of Chapter 25.08 (Definitions and Standards) in Title 25 (Zoning) is hereby amended to add the following definition in alphabetical order:
"Demolition" means the removal or destruction of the frame or foundation of a structure.

SECTION 4. Code Amendment. Section 25.08.018 (Words beginning with "I.") of Chapter 25.08 (Definitions and Standards) in Title 25 (Zoning) is hereby amended to add the following definition in alphabetical order:
"Improvement" means any building, structure, feature, or object constituting a physical addition to real property or a structure on real property, or any part of such addition. Improvements include the construction of streets and all related appurtenances bridges, utilities, pedestrian ways, bikeways, trails, or landscaping and irrigation in connection with an approved development or public works project, whether involving the subdivision of land or not.

SECTION 5. Code Amendment. Section 25.08.022 (Words beginning with "L.") of Chapter 25.08 (Definitions and Standards) in Title 25 (Zoning) is hereby amended to add the following definitions in alphabetical order:
"Landscaping" means an area devoted to or developed and maintained with native or exotic plantings, lawn, groundcover, gardens, trees, shrubs, and other plant materials, and associated decorative outdoor landscape elements.
"Landscape plans" means plans prepared to depict proposed landscaping and irrigation on a development site, which include a planting plan and an irrigation plan drawn to the same scale as the grading plan, that clearly and accurately identify specified plants, irrigation layout equipment, 2 Ord.XX.XX
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finish grades and drainage, specifications and construction details, plan sheet numbers, and drawing date of plans.

SECTION 6. Code Amendment. Chapter 25.05 (Administration) of Title 25 (Zoning) is hereby amended to add Section 25.05.045 (Zone Clearance) to read as follows:

Section 25.05.045 (Zone Clearance)
(A) Purpose. Zoning clearance is the procedure used by the City to verify that a proposed use or structure complies with the activities allowed in the applicable zoning district and the development standards and other provisions of this Zoning Code.
(B) Applicability. Where this Zoning Code requires a zoning clearance as a prerequisite to establishing a use or structure, a zoning clearance shall be required at the time of the Department's review of any of the following:
(4) Initiation of a Use. A zoning clearance shall be obtained before the initiation or commencement of any use of land not requiring the construction of a structure.
(5) Change of Use. Whenever a use is proposed to be changed or intensified, whether or not the new or intensified use involves a new lessee, operator, or owner, a zoning clearance shall be obtained.
(6) Building Permit, Grading Permit, or Other Construction Permit.

A zoning clearance shall be obtained before the City issues a new or modified building permit, grading permit, or other construction-related permit required for the alteration, construction, modification, moving, or reconstruction of any structure.
(C) Review and Approval
(4) The Community Development Department shall issue the zoning clearance after first determining that the request complies with all Zoning Code provisions and other adopted criteria and policies applicable to the proposed use or structure. (5) An approval may be in the form of a stamp, signature, or other official notation on approved plans, a letter to the applicant, or other certification, at the discretion of the Community Development Director.
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(D) Appeals. The Department's action on a zone clearance request may be appealed to the City Council in compliance with Section 25.05.070, unless said zoning clearance is for ministerial approval in which case the Director is the final review authority.

SECTION 7. Code Amendment. Section 7.25.130 (Heating, venting, pool/spa and air conditioning-special provisions) of Chapter 7.25 (Noise) of Title 7 (Health and Sanitation) is hereby amended as follows (additions shown in underline and deletion shown in strikethrough):

Section 7.25.130 (Heating, venting, and air conditioning (HVAC) and pool/spa equipment and air conditioning special provisions)
(A) Permits for heating, venting, and air conditioning (HV AC), and pool/spa equipment in or adjacent to residential areas shall be issued only after the installation contractor signs an acknowledgment that the installation will meet the noise limits established in Section 7.25.040 of this chapter.
(B) Applicants of mechanical permits for commercial HV AC equipment may be required to submit a detailed acoustical study that demonstrates compliance with the noise limits established in Section 7.25.040 of this chapter.
(C) Permits for HV AC and pool/spa equipmentair conditioning units and pool and spa in or adjacent to residential areas shall be reviewed and approved without Design Review if they comply with all of the following requirements:
(1)
(2)
(3)
The mechanical equipment 1s ground-mounted or wallmounted at ground level .

The mechanical equipment is not within the required front or side yard setbacks.

The mechanical equipment would not obstruct a 3' path of travel around any structure.
~GL The mechanical equipment must maintain a five-foot clearance from all property lines.
f41.Gl_A manufacturer's specification sheet for the mechanical equipment must be provided with the application and include the decibel rating. The maximum decibel level is sixty dB during the day and fifty dB at night, with the exception that the measurement shall be taken at the property line. Two sound attenuation techniques shall be utilized to mm1m1ze noise 4 Ord. XXXX
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impacts. Examples of sound attenuation techniques include, but are not limited to, physical enclosures such as fencing with insulation, internal sound compression blanket, and shock absorption base. Sound attenuation techniques must be used and maintained in accordance with the manufacturer's
specifications for the life of the equipment.
~.(QL Completion of a form provided by the city detailing how the project meets maximum sound level requirements measured at the property line. The method of computation required is specified in Standard 275 "Standard Application of Sound Rated Outdoor Unitary Equipment" of the Air Conditioning and Refrigeration Institute (ARI), 1984, as amended.

Air conditioning unitsHV AC and spa/pool equipment that do not meet the above requirements shall be reviewed and approved in conformance with the requirements of Section 25.05.040 Design Review.

SECTION 8. Code Amendment. Subdivision (E)(4)(d) of Section 25.10.008 (Property development standards) of Chapter 25. l O (R-1 Residential Low Density Zone) of Title 25 (Zoning) is hereby amended as follows (additions shown in underline and deletion shown in strikethrough):
(E) Yards
(4) General Provisions
(c) The maximum lot area which may be occupied by
habitable enclosed building space and covered off-street parking shall depend on lot size. For lots four thousand square feet and under, site coverage shall not exceed
forty-four percent; for lots greater than four thousand square feet and less than eight thousand square feet, the maximum site coverage shall be calculated using the
formula below; and for lots eight thousand square feet
and over, site coverage shall not exceed thirty-five
percent. The mmdmum site coverage percentage
permissible on any residential lot shall be calculated
using the follov,ing formula:

Building Site Coverage(%)= 35 + (8,000-A) x 9
4,000
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Where A= lot area (square feet)
For example, if the lot area is six thousand six hundred twenty-five square feet, the maximum allowable building site coverage would be calculated as follows:

Lot Area (A) = 6.625 square feet
Building Site Coverage(%)= 35 + (8,000-A) x 9
4,000
35 + (1 ,375) X 9
4,000
= 35 + 3.094
BSC (%) = 38.09
(d) The Design Review Board is authorized to modify the building site coverage requirement identified in
subsection 25.10.008(E)(4)(c), above, upon a finding
that shall only be modified by the design review board
v,hen it is necessary to preserve views, preserve
privacy, reduce heights.,_ or to maintain neighborhood
development patterns. In no event shall the Design
Review Board modify such requirement by more than
five percent.

SECTION 9. Code Amendment. Section 25.05.040 (Design Review) of Chapter 25.05 (Administration) of Title 25 (Zoning) is hereby amended as follows (additions shown in underline and deletion shown in strikethrough):

Section 25.05.040 Design Review
(A) Intent and Purpose. The Design Review process consists of a review of a proposed development by the approval authority of either the Design Review Board or Planning Commission as specified herei-H-in Section

25.05.040(8)(1). The Director of Community Development is the approval authority for Administrative Design Review as specified in Section 25.05.040(B)(3). The Community Development Department reviews projects that are exempt from design review and subject to zone clearance as specified in Section 25.05.040(8)(2). The design review process is intended to achieve the following goals:
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(I) That development projects comply with the applicable standards and design guidelines and criteria;
(2) That development projects focus on quality designs, within a neighborhood context that results in creative design solutions for the City;
(3) That development occurs with an orderly and harmonious appearance, including associated facilities, such as signs, landscaping and parking areas;
(4) That the development review process mm1m1zes
contentiousness;
(5) That the development review process considers public and private views;
(6) That public health, safety and general welfare throughout the City is paramount;
(7) That there is effective implementation of the applicable general and specific plan policies, which encourage the preservation and enhancement of the particular character and unique assets of the city; and
(8) That development projects comply with the policies of the certified Local Coastal Program Land Use Plan, including, but not limited to, the shoreline access, open space,
environmentally sensitive habitat, hillside protection and visual resource policies.
(B) Development Subject to Design Review, Administrative Design Review, and Exempt from Design Review (Zone Clearance).

Development subject to Design Review, Administrative Design Review, and Exempt from Design Review (Zone Clearance) or exempt from Design Review may still require Coastal Development Permits pursuant to the provisions of Chapter 25.07.
(1) Design Review. Design Review before the Design Review Board or Planning Commission at a public hearing shall be required for the following projectsAll new buildings, structures and physical improvements and relocations, additions,
e>,tensions and e>,terior changes of or to e>dsting buildings, structural and non structural improvements, including
landscaping and grading, shall be subject to design review, e>rnept as otherwise provided in Section 25.05.040(B)(2) and

25.05.040(B)(3). Examples of physical improvements and site developments subject to a design reviev, hearing with the 7 Ord. XXXX
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Design Review Board or Planning Commission include, but are not limited to, the follo,.ving :
(a) Commercial or industrial parking and loading areas; (b) Vehicular access to streets or alleys;
( c) Retaining walls in excess of five feet in exposed height; (d) Signs, as specified m Chapter 25.54 ("Sign
Regulations");
fej.(QLPermanent chain link or similar type of woven metal fences, and vinyl fences that do not simulate natural
material;
(e)
(t)
(g)
(h)
(t)
(g)
Trash storage or enclosures, except as provided in
Section 25.05.040(B)(2) associated with a commercial
use;
All new buildings, except as otherwise provided in
Section 25.05.040(B)(2) relating to ADUs and SB 9
units. A landscape plan and lighting plan is required for new buildings under this subsection;
Demolition or reinforcement, or addition, that constitute a major remodel. A landscape plan and lighting plan is
required for such major remodel;
Any improvement that exceeds a height of 16 feet above
the adjacent ground elevation. A landscape plan and a
lighting plan is required for such improvement;
Total aggregate additions that are 50% or more of the
original gross floor area of the mdsting building or
structureadditions that create a ne\v upper story, and
additions that e>weed a height of 15 feet above the
adjacent ground ele0
vation;
fhtfil_Shoreline and bluff protective devices;
_(j)~_A_n~y physical improvements m environmentally
sensitive areas; and on
(B(k) Any physical improvement on lots with a slope greater than 3 0%; e>wept as othenvise provided in Section
25 .05.04 0(B)(2)(a)(iv);
8 Ord.XXXX
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ffiill._Grading in excess of20 cubic yards outside the building footprint, except as specified in Section 22.10.0l0(e); (m) Clearing of native vegetation on undeveloped parcels and undeveloped portions of developed parcels;
fkjful....Native vegetation restoration plans, except for City required annual weed abatement;
(1)
(o)
(p)
Outlining of the outside of buildings or portions thereof with lights. (If such outlining 1
.vith lights is proposed on
a building listed on the register, then the Heritage
Committee shall make a recommendation to the
approval authority prior to its design reviev,); and
Major modifications, alterations, or other actions
pertaining to historic resources that do not qualify for administrative approval under Section 25.05.040(8)(3);
Major Capital Improvement Project, which means a
project that is determined by the Community
Development Director, in consultation with other
affected department heads, to require review by the
Planning Commission prior to approval by the City
Council, except as specifically excluded below, of
design and/or construction documents, based on the
project's potential to have environmental, aesthetic,
and/or land use effects on the community. Typical
examples of a Major Capital Improvement Project
include, but are not limited to, the following :
(i) New or substantial alterations to parks, public
buildings, community facilities, reservoirs, or
bridges;
(ii) New or substantial alterations to drainage
structures which involve significant changes to
grades, hillsides, habitats, or views;
(iii) Street improvements which involve substantial
expansion of right-of-way, removal of existing
significant vegetation and/or facilities, and/or
major changes to community character;
(iv) Design programs for city-wide features which
are visible to the general public and contribute
to community character, including but not
limited to fire stations, beach accessways, City
9 Ord.XXXX
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park and beach improvements, wastewater
pump stations, and LG towers. This type of
project is excluded from the requirement of
receiving Planning Commission review prior to
approval by the City Council.
(2) Exempt from Design Review (Zone Clearance)Exceptions. The following types of projects shall require the issuance of a zone clearance in compliance with Chapter 25.45, rather than design review. For avoidance of doubt, the zone clearance process shall not be used for any of the below projects that are on a lot within an environmentally sensitive area (unless a licensed professional has determined, subject to peer review, that the proposed improvements do not impact the environmentally sensitive area) or on a lot with a slope greater than 30%; such projects are subject to design review under (B)(I ).
improvements shall be exempt from the design revie·N process.

The Director of Community Development has the discretion to refer applications to the appropriate design reviev,r authority for consideration and final action. The City Council may, by resolution, require that certain project types normally eligible for an exception be referred to either the design reviev,r or administrative design reviev,' process. Exceptions shall be reviewed through the plan check process to ensure compliance ·with zoning standards.
(d)
(e)
(f)
(g)
(h)
(i)
(a)
Additions to single family residences with no pnor
design revie'tv plans that:

Result in aggregate additions that are less than 50% of the original gross floor area of an existing building or structure;
Do not create a nev,' upper story
o not eJweed a height of 15 feet above the adjacent
ground elevation;
Are in conformance with the zoning regulations; and
Are not ·.vithin an environmentally sensitive area or
where a licensed professional has determined, subject to peer review, that the proposed improvements do not
impact the environmentally sensitive area.

Demolition or reinforcement, or addition, that does not constitute a major remodel;
Ord. XXXX
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(b)
(c)
(d)
G)
An improvement that does not exceed a height of 16 feet above the adjacent ground elevation;
Replacement of in kind improvements for repair and
maintenance;
Interior modifications to existing structures that do not modify the exterior of such structures;
Re roofing buildings and structures with Class A
roofing that is consistent with the architectural style and surrounding neighborhood, provided there are no
changes to the dimensions, square footage, or roof
~
fkj{tl___Retaining walls five feet or less in exposed height; (I) Slabs and patios at or below natural grade;
~ __ H_hardscape that does not increase impervious surfaces and complies with all other applicable provisions of this chapter;
(g)
(h)
Landscaping of any vegetation, plants, bushes. or trees within the buildable area that is less than sixteen feet at maintained height when measured from the natural
grade immediately adjacent to the location of the
vegetation, plant, bush, or tree. provided, however, that such landscaping is consistent with the type of
landscaping authorized by the "Landscape and Scenic
Highways Resource Document";
Landscaping of any vegetation, plants, bushes, or trees in the rear or side yard at less than six feet at maintained height and in the front yard at less than four feet at
maintained height when measured from the natural
grade immediately adjacent to the location of the
vegetation plant, bush, or tree; "provided, however, that such landscaping is consistent with the type of
landscaping authorized by the "Landscape and Scenic
Highways Resource Document" ;
~fi)~_Fences, walls and hedges that comply with Section

25.50.012 ("Fences, walls, hedges, latticework and
screens"). For avoidance of doubt, this excludes
permanent chain link or similar type of woven metal
fences, and vinyl fences that do not simulate natural
11 Ord. XXXX
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material, which are subject to design review under
(B)(l);
(m) Elevated decks three feet or less above adjacent e>,isting ~
(j) Decks, slabs, or patios elevated three (3) feet or less above existing legal grade ;
fftt(k) Railings;
(o) Skylights with operable automatic night shades;
W.QL(o) Conversion of existing landscaping to
drought tolerant landscaping up to si>, feet at mature
growth height and provided that the e>dsting
landscaping was not required to specifically address a
design related issue such as vievr equit)' or privacy;
(q) Artwork approved through the procedures outlined in Chapter 1.09 ("Art in Public Places");
(r) (q) Signs, in conformance with an approved sign
program subject to review and approval by the Director
of Community Development;
(m) (gr) Temporary on-grade removable accessory
structures used as play sets, swing sets, other similar unenclosed recreation equipment, and storage sheds
provided that:
_(i)~_the structure does not exceed 120 square feet in
size,
(ii) the height is less than 12 feet above adjacent
ground elevation, and
fij.(ilil_minimum required setbacks of the underlying
zone are met unless it receives administrative
design review approval;
fsj(nl__Accessory dwelling units, only as set forth in Chapter

25.17;
(o) Two-Unit Developments (i.e., SB 9 units), only as set forth in Chapter 25.95;
12 Ord. XXXX
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(p)
(q)
Re-roofing of buildings or structures which do not result in white or light colored roofs and which will not result in glare through the use of materials, such as asphalt
shingles or stainless steel;
Roof alterations that do not result in alterations to
dimensions, square footage, or roof pitch.
ftj.{r}_ Grading of 20 cubic yards or less outside the building footprint, except as specified in Section 22.l 0.010( e ); W.c&_ Trash storage within the side yard when screened from public view by a wall or fence at least four feet in height and does not impact required access for the property;
Exterior wildfire resistant construction materials and methods in accordance 1 ,i,rith Chapter 7A of the California Building Code, including, but not limited to, replacement of natural 1
.vood siding 1.vith fire resistant materials that
simulate the appearance ofi.vood, enclosing of roof eaves and v,rapping of decks;and
(t)
(u)
(v)
(w)
Swimming pools and spas;
Water features;
Mechanical equipment, including, but not limited to, air conditioners and pool/spa equipment, that meet the
requirements of Section 7 .25 .130(C);
De Minimis Capital Improvement Projects. For
purposes of this subsection, capital improvement
projects may be deemed de minimis and subject to zone
clearance pursuant to the Zoning Code if they will have no impact to land use, the environment, or the visual
appearance of the community. Examples of de minimis
capital improvement projects include but are not limited to the following:
(i) Feasibility and planning studies; emergency
projects;
(ii) Roadway or trail improvements within existing
rights-of-way;
(iii) Pipeline, such as storm drain and sewer,
installation, repair and maintenance; mmor
alterations to utilities;
13 Ord. XXXX
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(iv)
(v)
Alterations and repairs to parking lots;
Small habitat restoration projects as defined in
Section 15333 of the CEOA Guidelines;
ftt(vi) Similar projects as determined by the
Community Development Director in
consultation with other affected department
heads.
(3) Administrative Design Review. Administrative Design Review before the Community Development Director or designee shall be required for the following projects and as set forth below:

Administrative Design Review Process. An administrative design review hearing may be conducted by the Director of Community De;,elopment or designee for development prajects that: are considered to be minor or incidental as specified belov,c, require neighbor notification including, but not limited to, those listed below.
(a)
(d)
(b)
The Community Development Director may refer
administrative design review projects to the Design
Review Board or Planning Commission, as appropriate,
if the Community Development Director determines it
is appropriate.

The following projects are subject to the administrative design review process. For avoidance of doubt, the
administrative design review process shall not be used
for improvements that are on a lot within an
environmentally sensitive area (unless a licensed
professional has determined, subject to peer review, that the proposed improvements do not impact the
environmentally sensitive area) or on lot with a slope
greater than 30%; such improvements are subject to
design review under (B)(l). EJrnmples of administrative design review development prajects may include but
are not limited to:
(i) Those prajects normally exempt under subsection
(8)(2) that are determined by the Director of
Community Development or designee to pose potential
impacts to neighboring properties;
(i) Landscaping of any vegetation, plants, bushes,
or trees within the buildable area that is sixteen
feet or higher at maintained height when
14 Ord. XXXX
23 122
122 of 405
measured from the natural grade immediately
adjacent to the location of the vegetation, plant,
bush, or tree;
(ii) Landscaping of any vegetation, plants, bushes,
or trees in the rear or side yard at six feet or
higher at maintained height and in the front yard
at four feet or higher at maintained height when
measured from the natural grade immediately
adjacent to the location of the vegetation plant,
bush, or tree;
(iii) Hardscape that increases impervious surfaces;
(iv) Decks, slabs, or patios elevated more than three
(3) feet above existing legal grade;
(v) Minor alterations to historic resources
consisting of replacement or modification of
doors and windows; the addition of first floor
porches and decks; the replacement of roofing
material or building siding; minor
improvements to landscaping, hardscape, walls,
fences, arbors, and other landscape features; and
similar minor site or building alterations,
provided that any such alteration has been
reviewed for conformance with the Secretary of
the Interior's Standards for the Treatment of
Historic Properties with Guidelines for
Preserving, Rehabilitating, Restoring, and
Reconstructing Historic Buildings (1995,
Weeks and Grimmer);
(i)
(ii)
Portable and in ground spas not e)weeding a
maximum of 600 gallons
\\Tater features;
ftti:)(vi) Mechanical equipment, including, but not
limited to, air conditioners and pool/spa
equipment that do not meet the requirements of
Section 7.25.130(C);
fwj(vii) Additional covered or tandem parking as
specified in Section 25.52.012(G);
MC viii) Decorative features such as fence posts, brick or stone columns which may extend up to twelve
15 Ord. XXXX
24 123
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(vi)
inches above the maximum allowable height
within the front yard;
Revocable Encroachment Permits when not
associated with a project requiring a Design
Review Board or Planning Commission
decision~ -;-aoo
(ix) Re-roofing of buildings or structures which
result in white or light colored roofs and which
may result in glare through the use of materials,
such as asphalt shingles or stainless steel.
(x) Roof alterations to dimensions, square footage,
or roof pitch.
(xi) Detached fireplaces;
(xii) -Skylights without operable automatic night
shades;
(xiii) Telecommunication facilities subject to the
provisions of Chapters 11.06 and 25.55;
(xiv) Above-ground utility structures;
(xv) Minor Capital Improvement project, which
means a project that may be reviewed and
approved administratively, based upon a
determination by the Community Development
Director. in consultation with other affected
department heads, that the project has been
designed and conditioned so as to result in
minimal effects on the environment or
community, including the visual or aesthetic
environment. Typical examples of minor capital
improvement projects include, but are not
limited to the following:
(1)
(2)
(3)
16 25
Alterations to existing facilities resulting
in exterior design changes;
Roadway or trail extensions within
existing rights-of-way;
Replacement or renovation of damaged
facilities or structures resulting m
exterior design changes;
Ord. XXXX
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(e)
(f)
(g)
(h)
(i)
G)
(k)
(I)
(4)
(5)
(6)
(7)
Small additions to existing structures
resulting in exterior design changes;
Individual signs;
Construction or demolition of small
structures resulting in site or building
design changes and
Slope and wall repair for public
infrastructure.
()d) Modifications to single and multi family
structures in residential zones. The Director of
Community Development has the discretion to refer any
application to the Design Reviev,r Board and shall do so 1 .vhen the proposed modifications to a prior design
review approval conflict 1
.vith conditions of approval or
a decision made by the Design Revie:i,v Board. The
following modifications shall be allo1
.ved through
administrative design reYiew:
(1) Architectural modifications that are
consistent 1.vith the Residential Design Guidelines;
(2) Minor roof alterations that do not adversely
impact view equity;
(3) Nev,' or relocated 1
.vindows and doors that do
not obtain adjacent neighbor consent;
(4) Additions to single family residences with
prior design reYiew approved plans that:
(a)Result in additions that are less than 50% of the prior design review approved floor area 1
.vhen not a major
remodel;
(b) Do not create a new upper story or do not
exceed a height of 15 feet aboi,re the adjacent ground
elevation;
(c)l\re not 1.vithin an environmentally sensitive area or where a licensed professional has determined that the
proposed improvements do not impact the
environmentally sensitive area subject to peer review;
17 Ord. XXXX
26 125
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(m) (d) Are not within 5 years from the date of prior
praject approval or 1Nhile the praject is under
construction if the aggregate additions are larger than 50 square feet; and
(n) (e)Additions are not allowed through the administrative design review process in combination with an
application for an accessory dvi'elling unit or on sites 1 Nith an existing accessory dv,·elling unit.
(c) The Community Development Director may refer the
project to the Design Review Board or Planning
Commission, as appropriate, in the discretion of the
Community Development Director. The Community
Development Director may waive the requirement for a
public hearing on a design review permit for the projects identified in Section 25 .05.040(B)(3)(a) if all of the following occur:
(i) Notice is mailed or delivered to all persons and
agencies required to be notified Section

25.05.065, except that if a Coastal Development
Permit is required pursuant to Chapter 25.07,
noticing for that type of permit shall instead be
carried out through the public notice provisions
of Section 25.07.014. The notice shall contain
all of the information required in Section

25.05.065. In addition, the notice of waiver of
public hearing for the pending action shall
contain all of the following:
(I)
(2)
(3)
(4)
(5)
18 27
A statement that a public hearing will be
held upon the written request of any
person provided that such request is
received by the Department within
fifteen (15) working days from the date
of sending the notice; and
The date of the notice; and
A statement that the project is appealable
to the City Council; and
The final date to submit a request for a
hearing; and
The date the design review permit will
be granted if there is no hearing; and
Ord. XXXX
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(d)
(ii)
(6)
(7)
(8)
A project description and a statement of
why the project qualifies for a waived
public hearing; and
A statement that failure by a person to
request a public hearing may result in the
loss of that person's ability to appeal to
the City Council any action taken by the
City on such design review application.

A statement that the project plans are
available at the Community
Development Department for inspection
during normal operating hours of the
City
Publication of Notice. The City shall publish a
notice to issue administrative design review
permit not requiring a public hearing one time at
least ten days before the end of the public
comment period. Such notices shall contain all
the information required in subsections
(B)(3)(b)(i)(l) through (B)(3)(b)(a)(7) of this
section above and Section 25.07.014. Such
notices shall be published online on the City's
website or in a newspaper with general
circulation in the City.
(iii) If no request for public hearing is received by
the Community Development Department
within fifteen (15) working days from the date
of sending the notice pursuant to subsection
(B)(3)(v)(ii) of this section, the permit is
deemed approved.
(iv) An appeal of a decision on an administrative
design review application is subject to the
provisions of Section 25.05.070, and Section
25 .07.016 when a coastal development permit is
required.

Upon receipt of a request for a hearing, or in the
Community Development Director's discretion not to
waive the public hearing requirement, the Community
Development Department shall schedule the matter for
a public hearing and issue notice of such hearing
19 Ord.XXXX
28 127
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consistent with the provisions of Section 25 .05 .065 and shall be subject to the following process:
(i) Staking Requirements for Administrative
Design Review. All floor area additions and roof
alterations shall be staked. If the Director of
Community Development or his or her designee
otherwise determines that ~the minor project
should be staked, the staking requirements of
subsections (C)(2)(a) and (b) of this section
shall be followed, except that the construction
and certification of the staking shall be
completed at least 14 calendar days prior to the
public hearing.
(ii) Deliberation and Action on Administrative
Design Review Applications. The Director of
Community Development or his or her designee
shall conduct a public hearing for the designated
administrative design review projects. After
consideration of all testimony and evidence
presented at the public hearing and the Design
Review Criteria specified in subsection
HFindings specified in subsection (G) of this
section, the Director of Community
Development or his or her designee shall either
approve, conditionally approve or deny the
application in writing. An appeal of a decision
on an administrative design review application
is subject to the provisions of Section 25.05.070,
and Section 25.07.016 when a coastal
development permit is required.
(C) Application. Application for design review shall be made by a property owner or authorized agent. Applications shall contain such information as prescribed by the Director of Community Development. (1) Early Neighbor Communication. The applicant shall
communicate with owners of property within 300 feet of the applicant's property notifying them of the proposed project.

Such communication should take place prior to deciding on a final design to help resolve potential conflicts. Communication efforts shall include notification mailed to all property owners within 300 feet of the applicant's property. The noticing must be prepared and mailed by a professional listing service.

Certification to the accuracy, completeness of the list, and date the notice was mailed is required to be provided by the 20 Ord. XXXX
29 128
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company, along with a copy of the materials sent. Early neighbor communication must be completed prior to being scheduled for a hearing date. The following information shall be included in the early neighbor notification notice:
(a) Applicant contact information.
(b) Location of the proposed project.
(c) A description of the proposed project.
( d) Information on how to participate in the design review process.
(2) Staking Requirements.
(a) A staking plan shall be prepared as specified on the most current zoning and design review submittal
checklist. Staking poles and connecting ribbons, which
accurately represent the full extent of the proposed
structure, including decks and eaves, shall be
constructed at least 21 calendar days prior to the first public hearing. At least 21 calendar days prior to the
first public hearing, the location and height of the
staking poles must be certified as accurate by a
registered land surveyor or registered civil engineer
licensed to conduct land surveys in the State of
California. If complete and certified project staking is not in place at least 21 calendar days prior to the first Design Review Board public hearing date or 14
calendar days prior to the administrative design review public hearing, the project shall be continued to a later date. Neither the applicant, a relative of the applicant, nor any other person possessing a financial interest in the property or the project may certify the location and height accuracy of the staking poles. If the project is modified during the design review process because of a
view consideration, privacy or other concerns that the
Board determines is necessary to restake, the project
shall be re-staked and re-certified at least 14 calendar days prior to any subsequent public hearing,
(b) A deposit for the removal of staking poles, in an amount approved by the City Council shall be made prior to the time the project is scheduled for public hearing. Staking poles shall be removed by the applicant within 20
calendar days after the final project decision. Upon
21 Ord.X:XXX
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timely removal of the staking poles, the deposit shall be returned to the applicant. The applicant's failure to
remove the staking poles within the prescribed time
period shall result in the automatic forfeiture of the
deposit, and the City shall remove the poles from the
site.
(3) Biological Report Requirements. Prior to deliberation and action on a design review application, the applicant shall submit a biological report that is prepared by a professional in the fields of wildlife biology or botany for any proposal to clear native vegetation on undeveloped parcels that are located within or adjacent to areas designated high or very high value on the city's biological values maps and any other areas that contain environmentally sensitive habitat resources except for annual weed abatement and approved fuel modification programs. (4) Fire Department Review and Approval. Prior to deliberation and action on a design review application for new construction and alterations involving 50% or more of an existing structure, the Fire Department shall review and approve or conditionally approve applications, including proposed fuel modification programs. Fuel modification programs or Alternative Materials and Methods (AM&Ms) requests, when determined necessary by the Fire Department, are required for any parcel having an "FM"-Fuel Modification designation or Very High Fire
Hazard Severity Zone on the City's Geographic Information Mapping system. The Cal Fire-designated Very High Fire
Hazard Severity Zone is an overlay zone, and does not change the underlying zoning of Title 25. The Fire Department
conditions of approval relating to public safety may not subsequently be modified by the approval authority without the Fire Department's review and approval.
(D) Filing Fee. Prior to accepting an application, the Department of Community Development shall charge and collect a filing fee as determined by resolution of the City Council.
(E) Public Notice. Public notice shall be subject to the provisions of Section 25.05.065, except that if a Coastal Development Permit is required pursuant to Chapter 25.07, noticing for that type of permit shall instead be carried out through the public notice provisions of Section 25.07.014.
(F) Deliberation and Action on Applications.
22 Ord.XXXX
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(1) The authorities responsible for reviewing and making decisions on design review applications are as follows:
(a) The design review board shall conduct a noticed public hearing on design review applications for all singlefamily or two-family developments, including associated public right-of-way improvements.
(b) The planning commission shall conduct a noticed
public hearing on all other design review applications, including but not limited to: residential development of three-families or more, all projects located in the
downtown specific plan area, all non-residential
development, all-public works projects, as specified
including Capital Improvements Prajects (GIP) and
development in the right of way, and projects for which the planning commission is the primary discretionary
review authority, such as approval of a conditional use permit.
(2) Upon the conclusion of the public hearing on a design review application, and the consideration of all testimony and evidence presented at the public hearing, the approval authority shall approve, conditionally approve or deny the application.

Determinations of design review applications shall be by majority vote of the voting members of the approval authority present.
(3) The approval, conditional approval, or denial of design review applications by the approval authority shall be based upon the design review criteria findings set forth in subsection .(Q)_H of this section. Additional findings and review criteria are specified in Section 25.07.012(F) and (G) when an associated Coastal Development Permit is required. z<\dditional re¥iev, criteria contained in specific plans and/or :wning overlays shall apply to prajects located in areas covered bJ' any such specific plans and/or zoning overlays.
(4) The approval, conditional approval or denial of design review applications by the approval authority shall be accompanied by written findings correlated with the design review criteria findings set forth in subsection .(Q)_H:H. Section 25.07.012(G) requires written findings to be made when approving or
conditionally approving an associated Coastal Development Permit.
23 Ord. XXXX
32 131
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(5) Design reviev,r hearings on a proposed residential development project shall usually be limited to a maximum of two hearings.

A third hearing may be permitted if the approval authorit)• makes a finding that the applicant follov,ed the authority's direction(s) from the initial hearing in good faith and further design \.Vork on the project is in the best interest of the community. The approval authority may allow up to two
continuances of hearings at which no substantive discussion of the application occurs. Concept review hearings for residential dv,celling units of three units or less are not allowed, except where required by current City ordinance. If required, concept review shall be limited to one hearing and shall count as one of the above limited hearings.
~ill_ Written notice of the approval, conditional approval or denial of design review applications shall be mailed to the applicant or authorized agent within 14 calendar days of the date of the decision of the approval authority.
ftj.(QL_Landscaping Conditions. The approval authority shall condition all landscaping approvals with mature maintained growth height limits and maintenance schedules (type and frequency of pruning) for all vegetation that potentially impacts views. The landscaping shall be installed in accordance with the approved landscape plans. Thereafter, the landscaping shall be continuously maintained (including replanting, as
necessary) in compliance with the approved landscaping plans, unless such plans are subsequently revised pursuant to
subsection (B)(l)(v) of this sectionmodified pursuant to Section 25.05.045 . Minor Certain landscaping changes may be exempt from design reviev,ris subject to zone clearance pursuant to subsection (B)(2}jfhj of this section and must be maintained at approved heights.
f8jffi_Applications for design review approval constitute applications for a "permit" as that term currently is used in California Government Code Section 65009( c )(1 ), and as hereafter may be amended.
(G) Design Guidelines. "Design Guidelines" is a publication that has been developed by the City to assist designers in understanding the Design Review criteria. These guidelines complement the zoning regulations provided for in this Title by providing conceptual examples of potential design solutions and design interpretations. The guidelines are general and may be utilized with flexibility in their application to specific projects.
24 Ord.XXXX
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(H) Design Review Criteria. Physical improvements and site de•;elopments subject to design review shall be designed and located in a manner which best satisfies the intent and purpose of design reviev,r, the City's village atmosphere and the design revie;v criteria specified in this section. Village atmosphere shall be characteriz,ed by appropriately scaled development, diverse and unique architectural designs, pedestrian orientation and sensitivity to the natural conditions of the site. The propert)' development standards as delineated in each wne are intended to provide the City with maximum flexibility and discretion in the decision making process, based upon the particular issues and circumstances in effect at the time development is proposed.

These standards shall represent the maximum allo·.vable building envelope for a given propert)'. The actual development allowed after the application of the design reviev; criteria will typically be less than the maJtimum designated by the general standards for the wne because of localiz,ed conditions identified during the design review process. A proposed development that has no variances from the Zoning Code does not have any presumptive development right or "entitlement." The design review criteria are as follows:
(1)
(2)
(3)
Access. Conflicts bet\veen vehicles, pedestrians and other modes of transportation should be minimiz,ed by specifically providing for each applicable mode of transportation.

Handicapped access shall be provided as required by applicable statutes.

Design Articulation. Within the allowable building 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 any one element in the structure may be used to reduce the
appearance of mass.

Design Integrity. Consistency with the applicant's chosen style of architecture should be achieved by the use of appropriate materials and details. Remodels should be hannonious ,vith the remaining existing architecture.

Environmental Context. Development should preserve and, where possible, enhance the City's scenic natural setting.

Natural features, such as eJcisting heritage trees, rock out cropping, ridgelines and significant watercourses should be protected. Existing terrain should be utiliz,ed in the design and grading should be minimiwd.
f4j.Gl_General Plan Compliance. The development shall comply with all applicable policies of the general plan, including all of its 25 Ord.XXXX
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elements, applicable specific plans, and the certified local coastal program.
~QLHistoric Preservation. Destruction or alteration to historic resources should be avoided whenever possible. See
Chapter 25.45 for more information.
fej.{1LLandscaping. 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.
f'.71.(2l_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 ( e.g. skylights, white rock roofs, high-gloss ceramic tile roofs, reflective glass, etc.) should be avoided or mitigated to a level of insignificance in those locations where those surfaces are visible from neighboring properties. f&j.(fil_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.
(9) Pedestrian Orientation. Commercial development design shall enhance and encourage pedestrian uses. Incorporation of articulated building masses, compact open spaces and
courtyards, mixed use developments, use of landscaping as part of design, and orientation to pedestrian access should be mmdmized.
f-WjffiPrivacy. 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.
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(11) Public Art. Public art is encouraged and shall be displayed

1.vhere feasible or required by the Art in Public Places Ordinance.
(12) Sign Quality. Signs shall be incorporated into the architecture of the structure and shall be made of high quality materials, be simple in design and be visually compatible 1
.vith the
surrounding physical environment in terms of color, scale and size. Use of natural materials in the construction of signs is encouraged.
(13) Sustainability. Ne1.v development should consider architecture and building practices which minimize environmental impacts and enhance energy efficiency by: (a) reducing energy needs of buildings by proper site and structural design; (b) increasing the building's ability to capture or generate energy; (c) using low impact, sustainable and recycled building materials; (d) using the latest Best Management Practices regarding waste and ,vater management; and (e) reducing site emissions.
(14) Swimming Pools, Spas and Water Features. Swimming pools, spas and water features shall be located, designed and
constructed where:
(d)
(e)
(f)
geology conditions allov,';
noise produced by circulatory mechanical pumps and
equipment is mitigated; and
any associated fencing or other site improvements are
compatible vt'ith neighboring properties.
fM-).(fil_ 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.
tt(I+) --Design Review Findings. In order to approve a design review permit application, the reviewing authority shall make all of the following findings: Physical improvements and site developments subject to A.dministrative or Design Review Board authority shall be designed and located in a manner in overall consistency' with the design review criteria specified in Section 25 .05 .04 0(H), and all other applicable design guidelines and characterized by appropriately scaled development, diverse and unique architectural designs, pedestrian 27 Ord. XXXX
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(I)
orientation, and sensitivity to the natural eonditions of the site. Any deviations from the design reviev, eriteria and other a-pplieable design guidelines must be considered minor and reasonably related to good design prineiples and speeifie site conditions.
(1) The proposed design of the project complies with all applicable provisions of the Laguna Beach Municipal Code; and
fB(2) The physical improvements and site developments are esigns and located in a manner in overall consistency with the design review criteria specified in Section 25.05.040(H).
(J) Appeals. Appeals of the design review authority are subject to the provisions of Section 25.05.070, and Section 25.07.016 when a Coastal Development Permit is required.
(K) Effective Date/Expiration Date.
( 1) A Design Review decision shall become effective 14 calendar days after the date of the decision, unless appealed to the City Council.
(2) Design Review approval shall lapse and become void two years following the effective date if the privileges authorized by design review are not executed or utilized or, if construction work is involved, such work is not commenced within such two-year period and diligently pursued to completion.
(3) The Director of Community Development or his or her designee may grant approval, through the administrative design review process, a two-year extension of time and, after that initial extension of time, a final one-year extension of time.

Such time extensions shall be requested in writing by the applicant or authorized agent prior to the expiration of the beginning two-year approval period or a subsequently
approved extension of time.
(4) Extension of Time Findings. An extension of time of the beginning two-year approval period may be granted by through the administrative design review process, if each of the following findings can be made:
(a) The zoning codes or standards applicable to the
circumstances of the originally approved design review
have not materially changed; and
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(L)
SECTION 10.
(b) The neighborhood character has not changed so as to be materially inconsistent with the findings made when
design review was originally approved.

Reapplication Waiting Period. After denial of a project, no application for a project located on the same parcel or building site may be filed or accepted for filing for tw&-six months.

Code Amendment. Subsection B (Design Review) of Section

25.24.005 (Property development standards) of Chapter 25.24 (Lagunita Zone) of Title 25 (Zoning) is hereby amended as follows (additions shown in underline and deletion shown in strikethrough):
(B) Design Review.
(I) Intent and Purposes. The intent and purpose of this section is to establish design review standards and controls over private development in the Lagunita residential community. It is recognized that there are are unique design aspects inherent in the Lagunita community that need to be preserved and
enhanced, particularly ,vith respect to preserYing existing viev,rs and viev,' corridors. The design criteria, as established herein, shall be utilized for all prajects proposed within the Lagunita :Zene,-Prior to any discretionary review by the city, the Lagunita Community Association shall conduct its own project review.

The Association will submit a letter of comment to the city for its consideration prior to the design review board's review of the applicant's plans. The adoption of these design criteria will guide and ensure that all future growth contributes to
preservation of the Lagunita community character.

SECTION 11. Code Amendment. Section 25.44.060 (Architectural design criteria) of Chapter 25.44 (Three Arch Bay Zone) of Title 25 (Zoning) is hereby amended as follows (additions shown in underline and deletion shown in strikethrough):

Section 25.44.060 Architectural design criteriaDesign Review Intent and Purpose. It is the intent and purpose of this section to establish design review standards and controls over private development in the Three Areh Bay residential community. It is recognized that there are unique design aspects inherent in the community appearance that need to be preserved and enhanced. These design criteria will be utilized for all prajects in this zone reviewed by the city. Applicants should note that prior to city review, the Three Arch Bay 29 Ord.XXXX
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Community Association will conduct its own plan review. The Association will submit a letter of comment to the city for its consideration and review prior to city approval of the applicant's plans.

The adoption of these design criteria 1
,vill guide and ensure that all future growth contributes to a preservation of the community character.
(I) \Vhile individuality of architectural style should be achieved, the design should conform to the established small scale building character 1 Nhich is sensitive to existing topography and vie·w preservation. (J) All designs shall protect the privacy and viev,cs of neighboring properties especially in side and rear yard areas by proYiding architectural relief from large blank walls by proper placement of windows, porches, architectural pop outs and other similar features. (K) The minimum roof pitch on any building or structure shall be 3: 12. Flat roofs and roof decks are prohibited.
(L) Roof mounted solar collectors shall not be visible from any street viev,c; the solar collector shall not e>weed the ridge elevation of the roof. (M) All development shall strive to be compatible vvith surrounding homes and the community 1,vith respect to architectural character, style, scale, mass and color.
(N) Walls and fences should tie directly to the main building, enclosing only active use areas. Both wood and 1Nrought iron fencing can be used ·.vhen the material and color are compatible with the main building. (0) A.ll landscape and hardscape plans shall address the functional aspects of landscaping such as drainage, erosion prevention, 1Nind barrier, shade, sound absorption, dust abatement and reduction of glare. (1) Landscaping, as required, shall be provided in accordance with the community design and landscape guidelines as adopted by Resolution No. 89 104 and as hereafter amended.
(2) All residential and landscaping design shall preserve surrounding views of the ocean and, whenever possible, utilize trees and other vegetation to complement this viewshed.

SECTION 12. Code Amendment. Section 25.44.050 (Property development standards) of Chapter 25 .44 (Three Arch Bay Zone) in Title 25 (Zoning) is hereby amended to add subsection M (Roof Pitch) to read as follows:
(M) Roof Pitch. The minimum roof pitch on any building or structure shall be 3: 12. Flat roofs and roof decks are prohibited.
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SECTION 13. Code Amendment. Chapter 25.49 (Diamond/Crestview Specific Plan) of Title 25 (Zoning) is hereby amended as follows (additions shown in underline and deletion shown in strikethrough):

Section 25.49.010 Intent and purpose.

The intent and purpose of this chapter is to establish a specific plan for the Diamond/Crestview area pursuant to the authority of California Government Code Sections 65450 et seq. It is recognized that there is a need for a comprehensive planning program to address the unique issues associated with the Diamond/Crestview area and that this need is best served through the establishment of a specific plan. The Diamond/Crestview Specific Plan contains goals, policies, and development standards and design guidelines.

Section 25.49.020 Description and application.

The specific plan covers a forty-one acre area of Tract 764 and is generally located west of Arch Beach Heights, north of the Loma Tract, east of Woods Cove and south of Bluebird Canyon. The physical boundaries of the specific plan area are delineated on Attachment D attached hereto.

Section 25.49.030 Development regulations.

All development regulations of the Diamond/Crestview Specific Plan area are contained within the text of the document. These regulations include goals, policies, and development standards-and design guidelines. All other ordinances and sections of the Laguna Beach Municipal Code shall also apply to the specific plan area, unless such standards are inconsistent with the provisions of the specific plan, in which case, the specific plan shall apply.

SECTION 14. Code Amendment. Section 25 .35.070 (Design Review) of Chapter

25.35 (Specific Plan (Arch Beach Heights)) is hereby amended as follows (additions shown in underline and deletion shown in strikethrough):

Section 25 .35.070 Design review.
(I) All ne\v residenees and aeeessory struetures, and additions to e)cisting residenees and aeeessory struetures, are subjeet to the design and review as per the 2:0ning ordinanee. The design review board shall be guided by the development standards set forth in Section 25.35.080 in addition to the normal design review criteriafindings in Section

25.05.040.
(J) Design review shall be limited to thoseProjects requiring design review shall be subject to the standards set forth in Sections 25.35.080~-and

25.40.005. Additional guidelines may be adopted by resolution of the 31 Ord.XXXX
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(K)
SECTION 15.
city council, upon recommendation of the design reviev, board, when such guidelines are deemed 1.varranted.

In the event that a praject is disapproved by the design review board, the design review board shall state in writing the subsections of Section 25.35.080 or 25.40.005, or the guidelines adopted by resolution of the city council, upon which such disapproval is based, and shall further state the reason disapproval of the praject is justified by said subsections or guidelines.

Code Amendment. Section 25.35.080 (Design Review development standards) of Chapter 25.35 (Specific Plan (Arch Beach Heights)) is hereby amended as follows (additions shown in underline and deletion shown in strikethrough):
(I) Intent and Purpose. It is the intent and purpose of this section to establish design review standards and controls over public and private development in the Arch Beach Heights Tract. It is recognized that the area has specific design constraints relating to its visibility from the city below, historic development pattern and potential for fire. In this respect, it is the declared intent of the city that this section shall serve the following purposes:
(1) To establish standards and policies that will promote and . enhance quality design, site relationships, and other aesthetic considerations of development in the Arch Beach Heights Tract.
(2) To improve and augment the controls now included in ordinances related to planning and building in order to promote development which is in the best interest of the public safety and welfare.
(3) To recognize the interdependence of land values and aesthetics and to implement these standards in the best interest of the city. (J) Standards.
(1)
(2)
All designs shall demonstrate an individuality of design, \Vhich should be achieved primarily through a manipulation of the volume of the structure rather than by means of nonessential architectural details.

While individuality of design should be achieved, the thrust should be scaling down rather than duplication of existing bulk and size of e1,isting structures.
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(1)
(2)
(3)
(1)
(5)
(6)
Lot coverage shall not exceed that specified in the zoning ordinance for R-1 development.

All designs shall limit areas of large blank 1
.valls by carefully
planned wind01.vs, porches, and smaller volumes.

Harsh bmdike structures, and structures which make e,ctensive use of glosSJ' surfaces, or strong, glaring colors, shall be avoided.

On downhill homes, all designs shall avoid vertical repetitive detailing which adds to the illusion of height.

All designs shall minimize roof penetration by grouping all plumbing vents and ducts together.

All vents, gutters, downspouts, louvers, exposed flashings, and service doors shall be treated as architectural design elements, and shall be painted to coordinate with the color scheme of the structure.
f+jill_Roof decks should are not be-permitted above the uppermost story, nor should parapets, walls, protective roof deck railings or stair enclosures exceed the roof height of the uppermost story, except as approved by design reviev,.=-
(8) All eJtterior lighting should relate to the design of the structure, and the light emitted shall not adversely affect neighboring properties, exceed that reasonably necessary for security purposes, nor detract from the aesthetics of the property. (9) All landscape plans shall address the functional aspects of landscaping such as drainage, erosion prevention, wind
barriers, shade, sound absorption, dust abatement, and
reduction of glare.
( 10) Landscaping shall be used in front and rear yards to relieve solid, unbroken elevations and to soften continuous wall expanses.
(11) All designs shall incorporate the use of shrubbery and trees to reduce the appearance of height.
~ID The area between the underside of the building and finished grade should be completely enclosed, except as approved by design review.=-
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SECTION 16.
fl-JJ(1l There shall be provided a storage area for at least two garbage and trash containers, minimum forty-gallon capacity each, completely enclosed from view, easily accessible to the street.

Such areas shall be protected by at least one-hour fire rating. fl-41.(~lA general storage area of at least four hundred cubic feet, completely enclosed from view, shall be provided within each garage or carport, except as approved by design review. (15) All developments should seek to minimize the difference between the natural grade and the finished praject height by such methods as split level or stepping dovm the building along with the grade.

Code Amendment. Section 25.28.040 (Design criteria) of Chapter

25.28 (Institutional Zone) of Title 25 (Zoning) is hereby repealed.

SECTION 17. Code Amendment. Sections 25.15 .002 (Intent and Purpose) and

25.15.004 (Design Criteria) of Chapter 25 .15 (R/HP Residential/Hillside Protection Zone) in Title 25 (Zoning) is hereby amended as follows (additions shown in underline and deletion shown in strikethrough):

Section 25.15.002 (Intent and Purpose)
The intent and purpose of this zone is to allow for low-intensity, residential development that addresses concerns for public health and safety and promotes the design criteria set forth in Section 25 .15.004 . All new development in this zone shall be sensitive to the hillside terrain and to the environmental constraints and shall provide for the conservation of existing natural open space lands, unique landforms, scenic hillsides and sensitive biological habitats. These environmental constraints include potential danger from fire, slope failure and erosion, as well as the difficulty of emergency evacuation. Protection of the physical environment, public views and aesthetic qualities associated with undeveloped lands is of critical concern in this zone. Low-intensity agricultural uses and passive, recreational uses are also appropriate for this zone.

Section 25.15.004 (Design CriteriaStandards)
The area included in the residential/hillside protection zone encompasses a substantial amount of the city's undeveloped hillsides. Not only does this land incorporate some of the most undisturbed physical environments in the city, it also supports many environmentally sensitive habitats. These included rare species of flora or fauna, significant watercourses, ridgelines and unique landforms such as rock outcroppings and caves. In addition, land within this zone typically contains physical conditions such as steep topography and geologically sensitive areas which amplify the environmental and safety concerns of this zoning district. 34 Ord.XXXX
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The following design criteria standards have been established to help ensure that future development proposals take the proper steps to avoid adverse impacts on these unique resources-,- In addition, all development proposals shall be subject to the wning standards and design review procedures of this chapter and shall be strictly evaluated for conformance 1 .vith the city's general
plan, with particular emphasis on the open space and conservation element. As part of the environmental re;ciev, process for any project, the city shall require detailed environmental studies to identify specific impacts, measures to avoid those impacts and, v,chen allo,vable impacts are unavoidable, the necessary mitigation measures.
(I) To ensure compliance with the applicable General Plan policies, a,'\ll development proposals shall be subject to the following standardscriteria:
(1) Building Site. Buildings and other improvements should be located on slopes ofless than thirty percent and shall be situated such that they do not adversely impact any environmentally sensitive areas, and should minimi:z:e impacts to ridgelines, geologic ha:z:ard areas and unique landforms.
(J) Mass and Scale. The height and scale of the building(s) should respect the natural surroundings and unique visual resources by incorporating designs 1
Nhich minimi:z:e bulk and mass, follow natural topography and minimi:z:e visual intrusion on the natural landscape.
(K) Building Si:z:e. In addition to the mass and scale of the residence, the total square footage shall also be maintained at a si:z:e compatible with the open space characteristics of the hillsides. Residential designs should blend in ·.vith the surroundings, while minimi:z:ing their prominence to public Yiew. As such, larger lots shall not necessarily enable the development of correspondingly larger homes. (L) Architectural Style. The architectural style, including materials and colors, should be compatible with the natural setting by encouraging designs which blend in with the surroundings.
(M) Grading. Development proposals should minimi:z:e grading of hillside areas by encouraging designs which follow the natural grade while maintaining a building mass and scale that is sensitive to topography. (N) Landscaping. The proposal should maintain nati 1
1e vegetation to the
greatest extent possible and should include the provision of additional native vegetation to mitigate potential visual impacts and erosion concerns associated with the development proposal. Invasive plantings shall be prohibited.
fBGl_Fuel Modification. The development proposal should address the required fuel modification as part of the initial application and should integrate fuel modification provisions into the site 35 Ord. XXXX
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SECTION 18.
plan in such a way as to minimize impact on existing native vegetation and areas of visual prominence. Alternative means to thinning and/or removal of native vegetation for fire hazard management such as minimizing the building envelope, and/or siting of the structure(s) away from hazard areas, and/or use of fire retardant design and materials are preferred where feasible.

The fuel modification plan shall be in compliance with all Fire Department fuel modification requirements, and may qualify as development requiring a coastal development permit that is subject to the provisions of Chapter 25.07, including instances when such a plan constitutes development that is not exempt pursuant to Section 25.07.008 because it would impact
environmentally sensitive habitat areas.

Code Amendment. Subsection J (Fences and Walls) of Section

25.15.010 (Property development standards) of Chapter 25.15 (R/HP Residential/Hillside Protection Zone) in Title 25 (Zoning) is hereby amended as follows (additions shown in underline and deletion shown in strikethrough):
(J)
SECTION 19.

Fences and Walls. All fences and walls shall be subject to the provisions of Section 25 .50.012 as well as the following standards:
(1) Except as provided for in subsection (2) below, any fencing shall be located within one hundred feet of the main dwelling.

If no dwelling exists on the lot, a fence is not permitted. (2) Requests for security or safety fences which are not addressed in the Building Code may be exempt from the provisions of subsection (1) abovebel-ew, subject to design review board approval which includes a finding that the fence is necessary for the preservation of public health, safety and welfare.

Code Amendment. Section 25.25.008 (Property development standards) of Chapter 25 .25 (SL V, South Laguna Village Commercial Zone) in Title 25 (Zoning) is hereby amended to add Subsection N to read as follows:
(N) First Floor. The first floor of buildings should be located at the grade of the adjacent Coast Highway public sidewalk, and the building frontage on Coast Highway should be utilized for retail uses. 36 Ord.XXXX
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SECTION 20. Code Amendment. Section 25.25.010 (Performance Standards/design criteria) of Chapter 25.25 (SLY, South Laguna Village Commercial Zone) in Title 25 (Zoning) is hereby repealed.

SECTION 21. Code Amendment. Section 14.77.010 (Disclosure required) of Chapter 14.77 (Disclosure of Design Review Process) of Title 14 (Buildings and Construction) is hereby amended to repeal the following phrase:
"Preservation of the City's village atmosphere and scenic views are included in the criteria employed in the design review process. View preservation is one of several discretionary factors considered by the Design Review Board in determining the allowable development of a particular site."
SECTION 22. Code Amendment. Section 25.15.012 (Required findings) of Chapter 25 .15 (R/HP Residential/Hillside Protection Zone) of Title 25 (Zoning) is hereby repealed.

SECTION 23. Code Amendment. Chapter 25.05 (Administration) of Title 25 (Zoning) is hereby amended to add Section 25.05.045 (Subsequent Modification to Approved Permits) to read as follows:

Section 25.05.045 (Subsequent Modification to Approved Permits). (I) Subsequent Modification to Coastal Development Permits. (1) After a coastal development permit has been approved, modification of the approved plans and/or any conditions imposed, including additions or deletions, are subject to review in accordance with Chapter 25.07 (Coastal Development
Permits), including Section 25.07.012(!) and Section

25.07.016(C).
(J) Subsequent Modification to Other Approved Permits.
(1) Development or a use authorized through an administrative use permit, variance, conditional use permit, temporary use permit, and design review permit issued by the City in compliance with the City's Code shall be established only as approved by the review authority, and in compliance with any conditions of approval, except where a change to the project is approved in compliance with this section.
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(2) Application. An applicant shall request a proposed change in writing, and shall also furnish appropriate supporting
information and materials explaining the reasons for the request.
(3) Minor Changes Approved by the Community Development Director without a Public Hearing.
(a) The Community Development Director may authorize
minor changes to an approved permit without a public
hearing, where the Director first finds that the changes:
(i) Are consistent with the requirements of the
City's Zoning Code; and
(ii) Do not involve a feature of the project that was
a basis for findings for an exemption, negative
declaration, mitigated negative declaration, or
environmental impact report for the project; and
(iii) Do not involve a feature of the project that was
specifically addressed or was the subject of a
condition(s) of approval for the project or that
was a specific consideration by the applicable
review authority in the project approval; and
(iv) Do not result in an expansion or change in
operational characteristics of the use; and
(v) Do not alter the facts in support of the findings
required by Section 25.07.012(0).
(b) The Director may choose to refer any requested change to the original review authority for review and final
action.
(4) Changes to Other Permits Approved by the City.
(a) Changes Approved by Original Review Authority. A proposed change that does not comply with the criteria identified in subsection (B)(3) of this section (Minor Changes Approved by the Director without a Public Hearing) may only be approved by the original review authority for the project through a new permit application filed and processed in compliance with the application provisions of Chapter 25.05.
(b) Conditions. If a proposed change is approved by the reviewing body, all terms and conditions of the original approval shall remain in 38 Ord.XXXX
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SECTION 24.
effect, unless specifically removed or modified by the reviewing body. If a proposed change is denied by the reviewing body, the terms and conditions of the original permit shall remain in effect.

Code Amendment. Section 25.07.012 (Procedures) of Chapter 25.07 (Coastal Development Permits) of Title 25 (Zoning) is hereby amended to add Subsection I (Subsequent Modification to Approved Coastal Development Permits) to read as follows:
(I) Subsequent Modification to Approved Coastal Development Permits. (1) Development or a use authorized through a coastal
development permit issued by the City in compliance with the City's certified Local Coastal Program shall be established only as approved by the review authority, and in compliance with any conditions of approval, except where a change to the project is approved in compliance with this section.
(2) Application. An applicant shall request a proposed change in writing, and shall also furnish appropriate supporting
information and materials explaining the reasons for the request.
(3) . Minor Changes Approved by the Community Development Director without a Public Hearing.
(a) The Community Development Director may authorize minor changes to an approved coastal development permit without a public hearing, where the Director first finds that the changes:
(i) Are consistent with the requirements of the
certified Local Coastal Program; and
(ii) Do not involve a feature of the project that was
a basis for findings for an exemption, negative
declaration, mitigated negative declaration, or
environmental impact report for the project; and
(iii) Do not involve a feature of the project that was
specifically addressed or was the subject of a
condition(s) of approval for the project or that
was a specific consideration by the applicable
review authority in the project approval; and
(iv) Do not result in an expansion or change in
operational characteristics of the use; and
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(v) Do not alter the facts in support of the findings
required by Section 25.07.012(0).
(b) The Director may choose to refer any requested change to the original review authority for review and final action.
(4) Changes to Coastal Development Permits Approved by the City.
(a) Changes Approved by Original Review Authority. A proposed change that does not comply with the criteria identified in subsection (1)(3) of this section (Minor Changes Approved by the Director without a Public Hearing) may only be approved by the original review authority for the project through a new permit application filed and processed in compliance with the application provisions of Chapter 25.07 (Coastal Development Review Procedures)
(b) Conditions. If a proposed change is approved by the reviewing body, all terms and conditions of the original approval shall remain in effect, unless specifically removed or modified by the reviewing body. If a proposed change is denied by the reviewing body, the terms and conditions of the original permit shall remain in effect. ( 5) Amendments to Coastal Development Permits Approved by the Coastal Commission. Amendments to coastal development
permits approved by the Coastal Commission within an area where the Coastal Commission continues to exercise original permit jurisdiction shall not be processed by the City and instead shall be processed by the Coastal Commission.

SECTION 25. Code Amendment. Section 25.07.012 (Procedures) of Chapter 25.07 (Coastal Development Permits) of Title 25 (Zoning) is hereby amended to add Subsection J (Staking Requirements) to read as follows:
(J) Staking Requirements.
(1) A staking plan shall be prepared as specified on the most current zoning and coastal development permit submittal checklist. Staking poles and connecting ribbons, which
accurately represent the full extent of the proposed structure, including decks and eaves, shall be constructed at least 21 calendar days prior to the first public hearing. At least 21 calendar days prior to the first public hearing, the location and height of the staking poles must be certified as accurate by a registered land surveyor or registered civil engineer licensed to 40 Ord.XXXX
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SECTION 26.
conduct land surveys in the State of California. If complete and certified project staking is not in place as required, the project shall be continued to a later date. Neither the applicant, a relative of the applicant, nor any other person possessing a financial interest in the property or the project may certify the location and height accuracy of the staking poles. If the project is modified during the review process and the reviewing body determines it is necessary to restake, the project shall be restaked and re-certified ·at least 14 calendar days prior to any subsequent public hearing.
(2) A deposit for the removal of staking poles, in an amount approved by the City Council shall be made prior to the time the project is scheduled for public hearing. Staking poles shall be removed by the applicant within 20 calendar days after the final project decision. Upon timely removal of the staking poles, the deposit shall be returned to the applicant. The applicant's failure to remove the staking poles within the prescribed time period shall result in the automatic forfeiture of the deposit, and the City shall remove the poles from the site.

Code Amendment. Subsection (B) of Section 25.07.008
(Exemptions) of Chapter 25.07 (Coastal Development Permits) of Title 25 (Zoning) is hereby amended to as follows (additions shown in underline and deletion shown in strikethrough):
(B) Record of Exemptions. Consistent with Section 25.07.014(A) of this chapter, the Community Development Director shall maintain a record of all development within the coastal zone that were exempted from the requirements of the coastal development permit process. This record shall be available on the City's 1
.vebsite. The record of exemption shall include the name of the applicant, the location of the project, and a complete description of the project. For exemptions issued for development that is appealable to the Coastal Commission, the Community Development Director shall also provide notification to the Executive Director of the Coastal Commission of any record of exemptions within seven (7) calendar days of the exemption determination or issuance.

SECTION 27. Code Amendment. Section 25.05.070 (Appeals and requests for review of discretionary decisions) of Chapter 25 .05 (Administration) in Title 25 (Zoning) is hereby amended to add subsection (E)(4) to read as follows:
(E) Hearing and Decision on Appeals and Requests for Review. 41 Ord. XXXX
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(4) After final action by the City Council on the appeal, the Community Development Department must mail the City
Council decision by first-class mail, postage prepaid, including a copy of the affidavit or certificate of mailing, to the party that appealed the decision.

SECTION 28. Code Amendment. Section 25.45.004 (Definitions) of Chapter

25.45 (Historic Preservation) in Title 25 (Zoning) is hereby amended as follows (additions shown in underline and deletion shown in strikethrough):
"Historic resource" means a property or structure that (1) is listed on the City's historic register, (2) is listed on the California Register of Historical Resources, (3) has been officially determined to be eligible for the California Register of Historical Resources by the State Historical Resource Commission, ( 4) is listed on the National Register of Historic Places, ( 5) has been officially determined to be eligible for the National Register of Historic Places by the National Park Service, or (6) the City is mandated by law to treat as a historic resource based on substantial evidence in light of the whole record. Generally, a resource shall be considered to be "historically significant" if the resource meets the criteria for listing on the California Register of Historical Resources. The absence of a fully executed and recorded written historic resource preservation agreement between a property owner and the City shall not be considered evidence that the property is not listed on the City's historic register.

SECTION 29. Code Amendment. Section 25.45.010 (Procedures for alteration of an historic resource) of Chapter 25.45 (Historic Preservation) in Title 25 (Zoning) is hereby amended as follows (additions shown in underline and deletion shown in strikethrough):
(I)
(J)
Any action pertaining to a historic resources that qualifies for Administrative Approval pursuant to Section 25.05.040(B)(3) may be approved administratively pursuant to the procedures set forth in that section, provided that such approval shall be based on finding that the proposed action is consistent with the Secretary of the Interior's Standards for Treatment of Historic Properties, in addition to other required findings. Heritage Committee review and recommendation is not required on such minor alterations to historic resources.

Major modifications, alterations, or other actions pertaining to historic resources that do not qualify for administrative approval shall require approval of a design review permit pursuant to Section

25.05.040(B)(l). Before the project is scheduled before the Design Review Board or Planning Commission, as appropriate, the Heritage Committee must review the project and make a recommendation on the project.
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(K) Reviev,c. Prior to the issuance of a building permit to remodel or alter any historic resource, City staff shall review the proposed changes to determine if the proposal is consistent with the design reviev,r criteria, the Secretary of the Interior's Standards (SOIS)Historic Resource Assessment.
(I)
(2)
City staff may require a historic resource assessment report, paid for by the City, be prepared prior to the review of the project to evaluate whether the property is a historic resource.

City staff may require a historic resource assessment report, paid for by the applicant, be prepared prior to the review of the project to evaluate the impacts of the project on the historic resource.
fij(L) Pre-construction Meeting. Prior to the issuance of a building permit, a preconstruction meeting shall occur and shall consist of the property owner, contractor, inspector assigned to inspect the structure, a City staff member, the project architect/designer and historic monitor (if required). This meeting will be used to convey the obligations and responsibilities of the property owner and his or her contractors and architects in protecting and avoiding destruction of the identified historic fabric that is to be retained.
(8) If the project is found to be consistent with the SOIS or the City's Local Design Guidelines, but othenvise requires design reviev,r pursuant to Section 25.05.040(8), the Heritage Committee shall make a recommendation to the approval authority prior to design review. Repair or replacement of e),isting materials with in kind or historically appropriate materials, in the same location, does not require design reviev,r approval. Minor alterations may be subject to Section

25.05.040 (8)(3).
(C) If staff believes the project is not consistent with the SOIS and/or the City's Local Design Guidelines, then after the appropriate environmental documentation has been prepared pursuant to CEQA, design reviev,r shall be required. The Heritage Committee shall make a recommendation to the approval authority prior to design reviev,r.
(D) Historic Resource Assessment Report. If an historic resource assessment has not been prepared for the property, the Heritage Committee or the design review authority may require that an historic resource assessment, paid for by the City, be prepared prior to the reviev,r of the project to evaluate the project impacts to the property.
(E) Environmental Determination. During its review, the design revie•.v authority will adopt the appropriate environmental determination pursuant to CEQA. An historic resource assessment may be required to evaluate a project's potential environmental impact. Projects that comply with the SOIS and the local design guidelines may be eligible for a categorical e*emption. 43 Ord. XXXX
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SECTION 30. Code Amendment. Subsection B (Designation Procedures) of Section 25.45.006 (Historic register designation, criteria and procedures and removal from register) of Chapter 25.45 (Historic Preservation) in Title 25 (Zoning) is hereby amended as follows (additions shown in underline and deletion shown in strikethrough):
(I) Designation Procedures.
(1)
(2)
(3)
The property owner shall complete the application for the proposed designation as a historic resource and inclusion on the register on a form provided by the department, include all information required and file the application with the
department.

The Heritage Committee will review the application for
designation. In its consideration of placement on the register, the Heritage Committee may request additional information and plans for any future planned changes to the structure. There shall be no application fee for placement on the register.

Recordation of a written historic resource preservation agreement between the City and the property owner,
acknowledging the owner's obligations and responsibilities to ensure preservation of the historic character of the resource shall be filed after the property is designated by the Heritage Committee for inclusion on the register. If the owner has applied for incentives, the recordation shall not occur until the owner's request, or the incentive has been acted upon. This agreement shall be recorded with the County and will apply to any subsequent owners. A property approved for the Register shall not be formally' designated until the property owner executes the preservation agreement, and it is recorded 1,vith the County.

SECTION 31. Code Amendment. Subdivision (E)(3)(a)(2) of Section 25.10.008 (Property Development Standards) of Chapter 25 .10 (R-1 Residential Low Density Zone) in Title 25 (Zoning) is hereby amended as follows (additions shown in underline and deletion shown in strikethrough):

Side yards shall not be used for accessory buildings, clotheslines, air conditioning or pool equipment, the storage of trailers, boats, campers or other materials, or the regular or constant parking of automobiles or other vehicles, except for the required additional 44 Ord. XXXX
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parking space when approved by the Design Review Board in accordance with Section

25.52.012(f).

SECTION 32. Severability. If any section, sentence, clause or phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council of the City of Laguna Beach hereby declares that it would have adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

SECTION 33. CEOA. This Ordinance is exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to State CEQA Guidelines, as it is not a "project" and has no potential to result in a direct or reasonably foreseeable indirect physical change to the environment. 14 Cal. Code Regs.§ 15378(a). Further, this Ordinance is exempt from CEQA as there is no possibility that this Ordinance or its implementation would have a significant negative effect on the environment. (14 Cal. Code Regs. § 1506l(b)(3).) Here, the City is merely amending its code to modify the required language that will appear in public hearing notices for land use decisions and the appeals procedures for land use decisions. This Ordinance will not result in any development or any activity that will impact the environment since the action merely affects internal processing of land use decisions within the City administration and through its legislative bodies. The City Clerk shall cause a Notice of Exemption to be filed as authorized by CEQA and the State CEQA Guidelines.
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SECTION 34. Effective Date. This Ordinance shall become effective thirty (30) days following its adoption by the City Council and upon concurrence by the California Coastal Commission.

SECTION 35. Publication. The City C_lerk shall certify to the adoption of this Ordinance. Not later than fifteen (15) days following the passage of this Ordinance, the Ordinance, or a summary thereof, along with the names of the City Council members voting for and against the Ordinance, shall be published in a newspaper of general circulation in the City.

ADOPTED this __ day of , 2025. -----
Alex Rounaghi, Mayor
ATTEST:

Ann Marie McKay, City Clerk
APPROVED AS TO FORM:

Megan Garibaldi, City Attorney
I, Ann Marie McKay, City Clerk of the City of Laguna Beach, do hereby certify that the foregoing Ordinance No. XXXX was introduced at a regular meeting of the City Council on _______ , 2025, and was finally adopted at a regular meeting of the City Council of said City held on ______ ., 2025, by the following vote:
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A YES: COUNCILMEMBER(S):

NOES: COUNCILMEMBER(S):

ABSTAIN: COUNCILMEMBER(S):

ABSENT: COUNCILMEMBER(S):

City Clerk, City of Laguna Beach, CA
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AGENDA REPORT
Meeting Date
July 22, 2025
Business
20 SUBJECT: AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH DE NOVO

PLANNING GROUP FOR REVISED SCOPE OF WORK FOR COMPREHENSIVE

ZONING CODE UPDATE, INCLUDING DEVELOPMENT OF OBJECTIVE
DESIGN STANDARDS; AND FINDING ACTION IS NOT A PROJECT UNDER CEQA GUIDELINES SECTION 15378
RECOMMENDATION: It is recommended that the City Council:

1. Authorize the City Manager to execute a contract amendment, all in a form acceptable to the City Attorney, with De Novo Planning Group for the modified and additional tasks associated with the preparation of a Comprehensive Zoning Code Update, for a $388,300 increase, at a total cost not to exceed $709,749; and

2. Find that this action is not a project subject to the California Environmental Quality Act under State CEQA Guidelines Section 15378.

Appropriation: Fund Name:
---------....,....--- --------------
Submitted By: ~ /)/)~.• ----_L---
M.icimeider, Director of
Community Development

SUMMARY OF THE MATTER
Approved: ___ lr:? ____ c...._ ._~---
Dave Kiff, City Manager
On October 8, 2024, the City Council awarded a contract in the amount of $321,449 to De Novo Planning Group for the preparation of the Comprehensive Zoning Code Update ("CZCU"), a key project identified during the 2022 Strategic Planning and Goal Setting Workshop and as a policy initiative during its 2024 Annual Planning Workshop held on January 19, 2024.

Staff is returning to the City Council with a contract amendment to revise and expand the scope of services associated with the CZCU. The services provided with the restructured contract are detailed in the attached Contract Modification #1 for the CZCU - Expanded Scope of Work (Attachment 1). The consultant anticipates the entire effort (the original scope of work and the additional tasks) will take approximately 26 months (August 2025 to September 2027). The revised schedule prioritizes the adoption of the objective design standards for single-family and two-family residential projects and the updated parking standards.

The City has prepared a proposed amendment to the professional services agreement with De Novo Planning Group for the additional services, which requires $388,300 to complete (Attachment 1).

DISCUSSION
Expanded Scope of Work
The restructured contract includes six additional tasks, with two optional sub tasks, that require additional funding in the amount of $388,300 to cover consultant costs. l. Parking Standards. This task involves developing parking recommendations for commercial areas outside of the Downtown Specific Plan area. The various subtasks include review of existing planning documents to understand the City's current parking regulations and assessing parking Attachment 5
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July 22, 2025

standards utilized in comparable cities, estimation of current parking supply and demand through data collection, and the calculation of a blended parking requirement for non-residential uses.

Two optional subtasks are proposed to supplement the parking-related work:

Task 1.5 - Other Parking Code Recommendations: This subtask involves evaluating and proposing updates to various components of the City's parking regulations, including fractional parking requirements, intensification of use calculations, developing on-site bicycle parking standards, parking area calculation methods, accommodation of ride-hailing services, Transportation Demand Management (TDM) regulations, and zoning constraints related to parking. It should be noted that this optional task implements various strategies and programs contained in the City Council-adopted Parking and Transportation Demand Management Report.
1 Task 1.6 - In-Lieu Parking Certificate Program Recommendations: This subtask will develop recommendations for refining the City's In-Lieu Parking Certificate Program, including adjustments to certificate pricing, strategies to increase participation, and potential expansion of eligible geographic areas as part of the CZCU.

2. Update Commercial Zoning Districts. De Novo Planning Group will review existing provisions in Title 25 related to Commercial Zoning Districts to identify elements to retain, eliminate, or revise.

Based on input from City staff, City Council, Planning Commission, Design Review Board, and public participation efforts, the consultant will prepare comprehensive updates to the Commercial Zoning Districts as part of the broader CZCU effort, which aims to streamline and simplify the zoning code.

3. Update M-JA Zone. This task focuses on the evaluation and update of Laguna Beach Municipal Code Chapter 25.32, M-lA Light Industrial Zone, with an emphasis on expanding permitted uses to include residential, mixed-use, and limited commercial uses. A community workshop will be held specifically for the Laguna Canyon area to gather input on desired future development in the M-lA Zone.

4. General Plan Updates. As part of the CZCU, De Novo Planning Group will collaborate with City staff to identify and address inconsistencies between the Zoning Code and the adopted General Plan.

In addition to required consistency updates - which is covered by the existing contract - this effort will identify opportunities for broader policy improvements to enhance clarity and alignment. Not unlike the Zoning Code, the City's General Plan has been developed on somewhat of an ad hoc basis over the decades to address specific needs. While the General Plan provides useful policy guidance, it could benefit from a more holistic update.
1 The June 13, 2023, City Council-adopted report is available for review here:
https://www.lagunabeachcity.net/govemment/departments/community-development/planning/current-projects/parking-masterplan 157
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5. Objective Design Standards for Single-Family and Two-Family Residential Projects. As an expansion to the original scope, subconsultant JKA will prepare objective design standards ("ODS") for single-family and two-family development, including hillside residential development. As discussed further herein, a two-phase approach is proposed for the development of the ODS. This task also includes staff training to support implementation following the adoption of the ODS document.

6. Project Management. Project management will include ongoing coordination between the consultant, City staff, and subconsultants. Activities will involve bi-weekly team conference calls and the preparation of monthly progress updates to ensure effective communication, schedule tracking, and timely delivery of project tasks.

In coordination with the ad hoc committee (Orgill and Whalen), staff has collaborated with the consultant to revise the project schedule. The updated schedule prioritizes the completion of tasks related to the adoption of objective design standards for single- and two-family residential projects, as well as updating parking standards.

Need for Objective Design Standards
In recent years, the State of California has enacted a series of housing laws aimed at increasing the state's housing inventory by reducing barriers to housing production. These laws limit a city's authority to deny certain eligible residential development projects based on standards that are subjective in nature and, instead, requires that such projects be reviewed using objective design standards. Objective design standards are defined under state law as, "standards that involve no personal or subjective judgement by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal." (California Government Code, Section 65913.4.) Some of the City's design review standards are subjective, which cannot be relied upon to ensure that resulting development is compatible with existing development patterns when the City's review authority is limited under state law.

Without objective design standards, the City has more limited review authority to shape the design of future multi-family and residential mixed-use projects and would only be able to review such projects against existing objective standards in the Zoning Ordinance and General Plan. City staff recommends developing objective design standards for single- and two-family residential development projects as well given the continuous development of state housing laws in an effort to assert more local control on design throughout Laguna Beach.
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Two-Phase Approach to Objective Design Standards (ODS)
The development of Objective Design Standards is proposed in two phases:
• Phase One - which will be led by City staff - implements the "box inside a box2 " concept, focusing
on basic form and massing standards. Staff anticipates that any development allowed under these standards without design review would be limited to a single story and at a height not to exceed 16 feet, and with greater setbacks than those required by the underlying zone. This phase does not address architectural styles or detailed building design elements. This phased approach will allow the City to more quickly adopt and implement objective design standards. Staff proposes to include the Phase One ODS in the Design Review ("DR") Efficiency Ordinance. If the City Council agrees, staff will develop the "box inside a box" ODS and include these development standards in a revised DR Efficiency Ordinance, which will then be transmitted to the California Coastal Commission for preliminary feedback before staff presents the ordinance to the Planning Commission and City Council for review and adoption.
• Phase Two, which is outlined in Task 5 of the proposed contract amendment (Attachment 1), will establish objective design standards for single-family and two-family development, including hillside developments.3 As part of this task, subconsultant JKA will develop ODS incorporating architectural character and style standards. The standards will be presented in multiple formatsincluding illustrative examples, zoning code-style text, and a checklist, and will cover up to seven (7) architectural styles. In addition, a map exhibit will be prepared to identify which architectural styles are permitted within each neighborhood, as applicable.

In parallel, staff is currently evaluating the use of computerized view analysis tools to objectively regulate private view impacts. Such a tool would rely on custom software developed for Laguna Beach and is outside of the scope of this contract amendment.

FINANCIAL ANALYSIS
On October 8, 2024, the City Council awarded a contract in the amount of $321,449 to De Novo Planning Group for the preparation of the CZCU. Of this amount, the Community Development Department has a total of $191,000 allocated in the Fiscal Year (FY) 2025-2026 Adopted Budget for this multi-year project.

De Novo Planning Group estimates a total fee of $388,300 to complete the additional tasks associated with the CZCU over the anticipated two-and-a-half-year duration, bringing the total contract cost to $709,749.

At this time, no additional appropriations are required. Staff will request funding for the remaining contract balance as part of the FY 2026-2027 budget cycle.
2 If state law requires the City to review a single- or two-family residential development project based only on objective design standards, the "box inside a box" concept will provide objective design standards that allow a certain form of development. Still, an applicant will have the option to pursue discretionary design review should the applicant want to exceed such allowed form of development. 3 De Novo Planning Group's existing scope of services already addresses objective design standards for projects involving three or more units.
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ENVIRONMENTAL ANALYSIS
The recommended action consists of organizational or administrative activities of the City that will not result in a direct or indirect physical change in the environment and/or the creation of government funding mechanisms or other government fiscal activities, which do not involve any commitment to any specific project that may result in a potentially significant physical impact on the environment, and therefore does not constitute a "project" within the meaning of the California Environmental Quality Act. (Public Resources Code Section 21065; 14 CCR Section 15378(b)(5) and (4), respectively.) Here, the proposed action includes approval of a professional service agreement and allocations of funds to prepare the Comprehensive Zoning Code Update without a commitment to specific development standards. At present, the environmental analysis of such development standards is too speculative for environmental analysis but will be considered once a draft of the update and recommendation is prepared.

ATTACHMENTS

1. Draft Amendment to Professional Services Agreement No. 24-70 (Pgs. 6-18)

2. Professional Services Agreement No. 24-70 (Pgs. 19-85) Report Prepared By:

Wendy Jung, Principal Planner
Coordinated With:

Jane Abzug, Assistant City Attorney
Michelle Bannigan, Director of Finance
Anthony Viera, Planning Manager
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1. AMENDMENT NO. 1 TO

PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE
Parties and Date.

CITY OF LAGUNA BEACH
AND

DE NOVO PLANNING GROUP
Attachment 1
This First Amendment to the Professional Services Agreement ("Amendment") is made and entered into this 22nd day of July, 2025 by and between the City of Laguna Beach ("City") and De Novo Planning Group ("Consultant"). City and Consultant are sometimes individually referred to as "Party" and collectively as "Parties" in this Amendment.

2. Recitals.

2.1 City and Consultant entered into that certain Professional Services Agreement dated October 11, 2024 ("Agreement"), whereby Consultant agreed to provide the professional services set forth in Appendix A "Scope of Services" of the Agreement to assist with the preparation of a Comprehensive Zoning Code Update ("CZCU").

2.2 The Agreement set forth a term for compensation in the amount not to exceed $321,449.

2.3 To date, City has paid Consultant a total compensation in the amount of $23,001.47.

2.4 City and Consultant now desire to amend the Agreement for the first time to revise and expand the scope of services associated with the CZCU as set forth in Exhibit 1 to Amendment No. 1. The consultant anticipates the entire effort (the original scope of work and the additional tasks) will take approximately 26 months (August 2025 to September 2027). The revised schedule prioritizes the adoption of the objective design standards for single-family and two-family residential projects and updating the parking standards. The restructured contract includes six additional tasks, with two optional sub tasks, that require additional funding in the amount of $388,300 to cover consultant costs.

3. Terms.

3.1 Revised Scope of Services. The Services to be provided by Consultant shall be revised to include the Services set forth in Exhibit "1" attached hereto and incorporated by this reference.

3.2 Contract Extension. The term of the Agreement shall be extended for one (1) year commencing on October 11, 2026 and ending on October 11, 2027.

3.3 Compensation. The total compensation shall increase by $388,300 so that the total amount paid for services rendered by Consultant under the Agreement shall not exceed the sum of $709,749.
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Attachment 1

3.4 Continuing Effect of Agreement. Except as amended by this Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment, whenever the term "Agreement" appears in the Agreement, it shall mean the Agreement as amended by this Amendment.

3.5 Adequate Consideration. The Parties stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment. Consultant further accepts the terms and conditions of this Amendment as full and final resolution of any and all claims, asserted or otherwise, arising out of or related to the subject of this Amendment and acknowledges that the compensation and/or additional time, if any, set forth herein is adequate and comprises the total compensation and/or time due for the change(s) included in this Amendment.

3.6 Counterparts. This Amendment may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.

IN WITNESS WHEREOF, the Parties hereto have executed this Amendment on the date first herein above written.

CITY OF LAGUNA BEACH DE NOVO PLANNING GROUP
By: By:

Ben Ritchie, Principal
Printed Name: Printed Name: ----------- Title: Title:

Dated: Dated: -------------- --------------
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Attachment 1
EXHIBIT 1 TO AMENDMENT NO. 1
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Attachment I
De Novo Planning Group
--------------------••· · ·
A Land Use Planning, Design, and Environmental Firm
June 13, 2025
Wendy Jung
City of Laguna Beach
Community Development Department
Principal Planner
(949) 497-0321
[email protected]
SUBJECT: Contract Modification #1 for the Comprehensive Zoning Code Update - Expanded Scope of Work
Dear Ms. Jung:

Per the City's request, our project team has revised and expanded the scope of work associated with the Comprehensive Zoning Code Update to include additional tasks. The details of this expanded scope of work, including the associated fees, are detailed below.

SCOPE OF WORK
Task 1. Parking Standards
For this effort, it is assumed that the parking recommendations will be developed for commercial areas not covered by the 2022 City of Laguna Beach Downtown Specific Plan (herein referred to as the Study Area). Primarily, this will include one block to each side of Pacific Coast Highway to the north and south of the Downtown Specific Plan boundaries (note: the final Study Area will be developed in conjunction with the City). To the north of the Downtown Specific Plan border, the Study Area will likely include the primarily commercial zones between Cliff Drive and McKnight Drive. To the south of the Downtown Specific Plan border, the Study Area will likely include the primarily commercials zones between Legion Street and Stonington Road/Cabrillo Way.

Task 1.1, Review Existing Planning Documents
Kittelson will review relevant City documents in order to gain an understanding of the existing parking regulations and administration requirements. Kittelson will evaluate and review current code requirements, regulations, restrictions, programs, and other standards for parking as related to nonresidential developments throughout the City. These documents will include, but are not limited to:
• Laguna Beach Parking and Transportation Demand Management Report (2023) • Laguna Beach Downtown Specific Plan (2022)
• Downtown Specific Plan Area Parking Actual Demand Study (2017)

DE NOVO PLANNING GROUP
180 E Main Street , Suite 108 I Tustin, CA 92780
[email protected] I (714) 453-7711
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Attachment 1
De Novo Planning Group
--------------------••· · ·
A Land Use Planning, Design, and Environmental Firm
• Laguna Beach Municipal Code (2024)
In addition, Kittelson will review the parking regulations for other nearby cities that have a similar context.

Kittelson and the City will work together to identify comparable cities within Southern California and along the California coast, and the City will approve the cities selected for comparison before Kittelson commences on the parking reviews. These reviews will allow for a better understanding of the current state of the practice with similar parking regulations and requirements to Laguna Beach.

Deliverable: A technical memorandum listing the comparable cities, summarizing the planning documents reviewed and their applicability to Laguna Beach, in addition to a summary of the current parking requirements and regulations within the Study Area. Kittelson will submit a draft memorandum for review by City staff, respond to one set of consolidated comments, and then submit a final memorandum.

Task 1.2, Estimation of Current Parking Supply and Demand Kittelson will collect parking supply and occupancy counts throughout the Study Area to determine current parking conditions. Within the Study Area, the parking data will be aggregated into multiple parking districts based on the surrounding land use context and the current parking conditions. At this time, it is anticipated that up to six parking districts will be identified.

The following are the assumptions for this data collection :
• Supply:
o Kittelson will document the number of on-street and off-street public parking spaces within each parking district. This will be obtained through data provided by the City's parking apps (Laguna Beach Parking App using FrogParking data), supplemented by infield counts. Parking regulations, metered status, parking rates, and time limits will also be recorded.
o At up to 40 private parking lots where more than 10 parking spaces are provided, Kittelson will document the associated land use and restrictions/limitations to the use. • Demand:
o Current parking occupancy for the public and private parking facilities within each district will be collected for the following time periods:
■ Typical weekday during the summer and fall (collected every two hours between 12:00 PM and 8:00 PM)
■ Typical weekend day during the summer and fall (collected every two hours between 12:00 PM and 8:00 PM)
The locations of the 40 private parking lots will be developed in conjunction with City staff and will focus on areas where substantial parking is provided and/or areas where high parking occupancy has historically been observed.

DE NOVO PLANNING GROUP
180 E Main Street , Suite 108 I Tustin, CA 92780
[email protected] I (714) 453-7711
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Attachment l
De Novo Planning Group
-------------------••· · ·
A Land Use Planning, Design, and Environmental Firm
Parking occupancy will the summarized by two-hour period and the hours with the peak parking occupancy will be determined for each district and for the City as a whole. Supply and occupancy data will be summarized in a series of maps and tables.

Deliverable: A technical memorandum summarizing the data collection process, parking supplies and parking demands for each parking zone and analysis period. The memorandum will include figures that illustrate the boundary of the parking districts and the locations where data collection was conducted, plus tables to present the results . Kittelson will submit a draft memorandum for review by City staff, respond to one set of consolidated comments, and then submit a final memorandum.

Task 1.3, Calculation of Blended Parking Requirement for Non-Residential Uses Consistent with the methodology established for the Downtown Specific Plan, Kittelson will calculate a blended parking requirement for non-residential uses within the Study Area. This will include the following elements:
• Built Parking Ratio
o Kittelson will work with City staff to obtain parcel-level land use data for the Study Area, for occupied and unoccupied buildings. The land use data will be aggregated by parking district and into residential and non-residential uses. o Within each parking district, the current parking supply (public and private spaces will be totaled.
o The built parking ratio (number of parking spaces per 1,000 square feet of uses) will be calculated based on the total square footage.
• Actual Parking Ratio
o Within each district, the parking demand will be totaled. o The actual parking ratio (number of parking spaces per 1,000 square feet of uses) will be calculated based on the occupied square footage.

The resulting parking ratios per parking district will be documented and compared for summer and nonsummer months. Based on the difference in ratios, Kittelson will recommend a blended parking rate, either at the parking district-level or for all commercial spaces outside of the Downtown Specific Plan area . It should be noted that different parking rates for each district may be recommended if significant variation in parking ratios are determined.

Deliverable: Summary report summarizing the findings from the two technical memoranda (see Tasks 1.1 and 1.2), the parking ratio calculations, and the recommended parking ratio(s). Included in this report will be an executive summary, the results of the data collection and analysis, recommendations and an appendix with the background data and calculations. Kittelson will submit a draft report for review by City staff, respond to up to two sets of consolidated comments, and then submit a final report.

DE NOVO PLANNING GROUP
180 E Main Street , Suite 108 I Tustin, CA 92780
[email protected] I (714) 453-7711
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Attachment I
De Novo Planning Group
------------------• • · · ·
A Land Use Planning, Design, and Environmental Firm
Task 1.4, Administration and Meetings
Kittelson will attend a virtual kick-off meeting and virtual bi-weekly (every other week) meetings (up to 13 meetings) with the City to confirm details of the study (such as the Study Area, peer cities, data collection locations, and data collection times), review study process, discuss findings, and determine next steps. Kittelson will attend up to two Planning Commission or City Council meetings to present the results of the study.

Task 1.5, Other Parking Code Recommendations (Optional) In addition to updates to the non-residential parking standards, the City is also considering updates to several other elements of its parking code and regulations, including:
• Revising fractional parking requirements
• Revising intensification of use calculations
• Developing standards for on-site bicycle parking
• Revising the square footage used to calculate parking requirements • Accounting for ride hailing services
• Updating TDM regulations
• Evaluating zoning constraints
Kittelson will work with the City to determine the approach to address each element, and then identify recommended changes to the current parking codes and standards. This will include a review of comparable cities (see Task 1.1), plus calculations of the potential effects to the City's parking supply and occupancy conditions, as applicable. In addition, variations in the resulting parking supplies will be reviewed within the context of the new non-residential blended parking rate (see above). Note that for this work, it is anticipated that no new data collection will be conducted.

The existing parking standards and zoning code will be reviewed to identify which provisions should be retained, eliminated or revised, consistent with these recommendations . For each element, Kittelson will prepare red line versions for review and approval by City staff.

Kittelson will incorporate the additional efforts associated with this Optional task into the already-planned virtual kick-off meeting and virtual bi-weekly meetings. In addition, Kittelson will attend up to two additional Planning Commission or City Council meetings to present the results of the recommended code changes, given they may have a different approval process than the revised parking requirement itself.

Deliverable: Technical memorandum presenting the issues, recommendations and edited text for the applicable parking standard and regulations. Kittelson will submit a draft memorandum for review by City staff, respond to one set of consolidated comments, and then submit a final memorandum.

DE NOVO PLANNING GROUP
180 E Main Street , Suite 108 I Tustin, CA 92780
[email protected] I (714) 453 -7 711
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Attachment 1
De Novo Planning Group
--------------------••· · ·
A Land Use Planning , Design, and Environmental Firm
Task 1.6, In-Lieu Parking Certificate Program Recommendations (Optional) The City currently has an in-lieu parking certificate program, under which new developments can pay an in-lieu fee instead of building code-required parking. Under the Comprehensive Zoning Code Update, the City will incorporate recommendations regarding the cost per certificate, strategies to have greater participation, and expand geographic areas of the program.

Kittelson will review the current in-lieu program, including documentation regarding how its fees were developed, number of developments that have utilized the program, applicable areas of the City, and other relevant information. This will also include a review of in-lieu programs established by comparable cities (see Task 1.1) and other Orange County cities, including their fee per space, and program eligibility and usage.

Using this data, Kittelson will work with the City to determine the approach to address each of the three program elements. In particular, Kittelson will calculate an updated cost per certificate based on data regarding the cost of improvements (e.g., the cost for publicly constructed parking spaces, or the costs for active transportation projects that would reduce parking demand), to be provided by the City. Kittelson will identify approaches to increase the usage of the program and geographic areas, reviewing historic data and discussions with City staff who administer the program . Note that for this work, it is anticipated that no new data collection will be conducted.

The language of the existing in-lieu parking certificate program will be reviewed to identify which provisions should be retained, eliminated or revised, consistent with these recommendations. For each element, Kittelson will prepare red line versions for review and approval by City staff.

Kittelson will incorporate the additional efforts associated with this Optional task into the already-planned virtual kick-off meeting and virtual bi-weekly meetings. In addition, Kittelson will attend up to two additional Planning Commission or City Council meetings to present the results of the recommended changes to the in-lieu parking certificate program, given that it may have a different approval process than the revised parking requirement itself.

Deliverable: Technical memorandum presenting the issues, recommendations and edited text for the inlieu parking certificate program. Kittelson will submit a draft memorandum for review by City staff, respond to one set of consolidated comments, and then submit a final memorandum.

DE NOVO PLANNING GROUP
180 E Main Street , Suite 108 I Tustin, CA 92780
[email protected] I (714) 453 - 7711
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Attachment 1
De Novo Planning Group
A Land Use Planning, Design, and Environmental Firm
••••
Task 2. Update Commercial Zoning Districts
Task 2.1, Commercial Zoning Districts Memorandum
The existing chapters in Title 25 addressing Commercial Zoning Districts will be reviewed to identify which provisions should be retained, eliminated, or revised . De Novo will prepare a memorandum of issues and recommendations . The Commercial Zoning Districts Memorandum developed under this task will serve as a roadmap to guide the Commercial Zoning Districts Update.

Deliverables: Commercial Zoning Districts Memorandum
Task 2.2, Commercial Zoning Districts Update
De Novo will incorporate the direction provided by City Staff; input from the City Council, Planning Commission and Design Review Board; and public and stakeholder input received during Public Participation efforts included in Tasks 2.4, 2.5, and 2. 7 of the approved Scope of Work to prepare updates to the Commercial Zoning Districts as part of the comprehensive Zoning Code Update.

Deliverables: Administrative Draft Zoning Code Chapters 25.18, 25.19, 25.20, 25.21 and 25.25. Comments will be incorporated into the Draft Comprehensive Zoning Code Update.

Task 3. Update M-lA, Light Industrial Zone
Task 3.1, Community Outreach Workshop
Our team will host one community workshop focused on the Laguna Canyon community to receive input and recommendations of what the community would like to see developed in the M-lA Zone.

Deliverables: Facilitation of one community workshops, outreach materials, and summary of community workshop comments.

Task 3.2, M-lA Zone Memorandum
The existing Chapter 25.32, M-lA Light Industrial Zone will be reviewed to identify which provisions should be retained, eliminated, or revised. This review will also identify opportunities to provide residential uses and mixed-uses. De Novo will prepare a memorandum of issues and recommendations.

In addition to the feedback received as part of Task 3.1, this memorandum will consider the recommendations of the Laguna Canyon Planning Study. The M-lA Zone Memorandum developed under this task will serve as a roadmap to guide the M-lA Zone Update.

Deliverables: M-lA Zone Memorandum
Task 3.3, M-1A Zone Update
De Novo will incorporate the direction provided by City Staff; input from the City Council, Planning Commission and Design Review Board; and public and stakeholder input received during Public

DE NOVO PLANNING GROUP
180 E Main Street, Suite 108 I Tustin, CA 92780
[email protected] I (714) 453-7711
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Attachment I
De Novo Planning Group
--------------------••·· ·
A Land Use Planning, Design, and Environmental Firm
Participation efforts included in Tasks 2.5, 2.6, and 2.7 of the approved Scope of Work, as well as Task 3.1 above, to prepare updates to Chapter 25.32, M-lA Light Industrial Zone, which will incorporate residential uses and mixed-uses, as well as limited commercial uses.

Deliverables : Administrative Draft Zoning Code Chapter 25.32. Comments will be incorporated into the Draft Comprehensive Zoning Code Update.

Task 4. General Plan Updates
In conjunction with the General Plan Updates related to the Comprehensive Zoning Code Update, De Novo will work with staff to identify any inconsistencies and opportunities for beneficial policy updates in the adopted General Plan. These will be updates in addition to the updates for consistency with the Comprehensive Zoning Code Update in order to provide better policy consistency and clarity in the adopted General Plan. This will be incorporated into Tasks 4.2, 4.5 and 6.3.

Deliverables : Administrative Draft General Plan Amendment; Screencheck and public review draft General Plan Amendment; Final General Plan Amendment in PDF and Microsoft Word Task 5. Objective Design Standards for Single-Family and Two-Family Residential Projects In addition to the existing scope of work, JKA shall provide objective design standards (ODS) for singlefamily, two-family, and hillside developments.

Task 5.1, Kick-Off Meeting and Tour
The JKA team will meet in-person with City staff to kick-off the task to review the scope of work and schedule. Following the meeting, the team will take a tour of the single-family residential neighborhoods and districts, key sites, and built-form issues.

Task 5.2, Single-Family Dwelling Areas Document Review and Summary JKA will review and summarize available information to support the development of the single-family dwelling (SFD) Objective Design Standards (ODS). This will include:
• Review and expansion of the City's matrix of the R-1, ABHSP, DCSP, Lagunita, STPSP, TAB, TISP, VC, R/HP, R-2, & R-3, development standards with a review and summary in matrix form of the City's Design Guidelines -A Guide to Residential Development; • Review and summary in matrix form of two (2) additional documents such as the Historic Resources Element of the General Plan;
• As provided by City staff, recent single-family dwelling (SFD) area projects (up to 10 projects); • Two (2) additional field observations to review and document SFD areas; and • Review up to three (3) SFD ODS from comparable jurisdictions with direction provided by the City.

JKA shall recommend jurisdictions that have a comparable scale of development to Laguna Beach.

The City will approve the cities selected for comparison before JKA commences on the reviews.

DE NOVO PLANNING GROUP
180 E Main Street, Suite 108 I Tustin, CA 92780
[email protected] I (714) 453-7711
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Attachment 1
De Novo Planning Gr o up
--------------------••· · ·
A Land Use Planning, Design, and Environmental Firm
Based on the tour and document review, JKA will prepare an Existing Character Analysis and Recommendation report in digital slide presentation format that will include neighborhood analysis and architectural style analysis. The report will also include a draft map indicating the architectural styles that are appropriate for each Laguna Beach neighborhood.

Deliverables: Conditions Report & Recommendations
Task 5.3, Public Outreach
Our team will host one (1) joint study session with the Design Review Board and Planning Commission after the completion of the Conditions Report & Recommendations to receive input and recommendations of the SFD work-to-date. Additionally, our team will facilitate up to two (2) Design Review Board, Planning Commission, City Council, or joint body public study sessions to review work-todate and receive input and direction and attend two (2) public hearings for the adoption process.

Deliverables: Facilitation of three (3) public study sessions and attendance of two (2) public hearings, inclusive of outreach materials and summary of outreach Task 5.4, SFD Objective Design Standards
JKA will prepare the Administrative Draft Objective Design Standards (ODS) with character and style standards (illustrative, in zone text form, and with checklist; with up to seven (7) architectural styles). The ODS will include two illustrative case studies - one for a flat site and one for a hillside site, and the revised map exhibit, as appropriate identifying the styles permitted within each neighborhood (initially drafted as part of Task 5.2). Based on input and direction from staff, JKA will prepare the Public Review Draft SFD ODS. JKA will incorporate any revisions adopted during the decision-maker approval process into the Final SFD Areas ODS.

Deliverable: Administrative Draft SFD ODS; Public Review Draft SFD ODS; Final SFD ODS Task 5.5, Training
JKA will provide up to four (4) SFD Design Review Assists (two in-person, two virtual) with staff, after the adoption of the SFD Areas ODS document.

Task 5.6, Administration
In addition to the meetings assumed in Phase 5 of the scope of work, JKA will attend an additional four (4) check-in meetings, assuming one in-person meeting and three virtual.

Task 6. Project Management
Project management activities will include coordination between the De Novo management team and City staff, and between the De Novo management team and its subconsultants, and will involve bi-weekly

DE NOVO PLANNING GROUP
180 E Main Street , Suite 108 I Tustin, CA 92780
[email protected] I (71 4 ) 453-7711
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Attachment I
De Novo Planning Group
------------------••· · ·
A Land U s e Planning, Design, a nd Environm e n t al Firm (every other week) team conference calls, and monthly progress reports, including the status of each task and deliverables, specifically for the expanded scope of work.

BUDGET
I
I
I Task 2, Update Commercial Zoning
Districts $16,000 I $16,000
I Task 3, Update M-lA Zone ~ -r _ I $17,000
Task 4, General Plan Updates 1 $7,500
I $17,000
I $7,SQQ
I Task 5, ODS for SFR J- r 61,o_o_o __ l $12,000 $173,000 Task 6, Project Management I $5,000 $5,000
. i
f •I ~ O ~ 61,~ 64_,o_o_o _ __,_$_3_1s_,5_o_o_
Task 1.5, Parking Code
(Optional) $40,000
l
~ask 1.6, In-Lieu Parking Progra:t$ 25,000
Optional)

SCHEDULE
I $3,QQQ $43,000
j · I $1.800 $26,800
The original proposal, dated June 27, 2024, identified a project schedule of 24 months. While some initial limited efforts related to the original scope of work were completed in late 2024/early 2025, most of the original scope of work still needs to be completed. The revised project schedule assumes that the entire project (the original scope of work and the additional tasks) will take approximately 26 months. The schedule has also been revised to prioritize the adoption of the SFR ODS and the updated Parking Standards.

DE NOVO P LANNING GROUP
180 E Main Street , Suite 108 I Tustin, CA 92780
[email protected] I (714) 453-7711
17 172
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AGENDA REPORT
Meeting Date
October 8, 2024
Attachment 2
Consent
6 l,CV
~pv1 'V~ 1) w
SUBJECT: PROFESSIONAL SERVICES AGREEMENT TO ASSIST WITH THE

PREPARATION OF A COMPREHENSIVE ZONING CODE UPDATE
RECOMMENDATION: It is recommended that the City Council:

1. Authorize the City Manager to execute a professional services agreement and any necessary amendments thereto, all in a form acceptable to the City Attorney, with De Novo Planning Group to assist with the preparation of a Comprehensive Zoning Code Update;

2. Appropriate $21,449 from anticipated mid-year savings to cover the remaining costs of the project beyond the budgeted $300,000; and

3. Find that this action is not a project subject to California Environmental Quality Act under State CEQA Guidelines Section 15378.

Appropriation: __ $_2=1..._,4_4_9 _________ Fund Name: __ G_e_n_er_·a_l _F_u_nd __ ~-+------ Submitted By:_.._.A .... Q"""' ld/.JA'---"'d...._._& ......... ich ......... w"""""-'--4k~ _ Approved: ~c...\l.J\ ~ David Contreras, Dire6tor of Dave Kiff,i ity Manager Community Development

SUMMARY OF THE MATTER
The City Council identified the "Comprehensive Code Update" as a key project during the 2022 Strategic Planning and Goal Setting Workshop and as a policy initiative during its 2024 Annual Planning Workshop held on January 19, 2024. At its adoption of the Fiscal Year 2023-24 Budget at the City Council meeting on June 13, 2023, the City Council approved funding of $300,000 to retain a consulting firm to assist the City in drafting a Comprehensive Zoning Code Update ("the Update"). Staff issued a Request for Proposal ("RFP") to seek proposals from qualified consultants to assist with the preparation of the Update. The City anticipates the effort will take approximately 24 months. In response to the RFP, the City received four proposals from separate firms and has identified De Novo Planning Group as the "most qualified bidder." A copy of De Novo Planning Group's proposal is included as Attachment 1. The City has prepared a proposed professional services agreement with De Novo Planning Group for the services. A copy of the proposed agreement is included as Attachment 2. The services, as discussed in more detail below, total $321,449.

DISCUSSION
On March 26, 2024, the City Council held a Study Session related to the scope of services for the Update, provided input, and directed staff to proceed by issuing the RFP for the Update. Councilmembers Orgill and Whalen were appointed to a City Council ad hoc committee tasked with collaborating with staff and consultants on the effort.

In accordance with Chapter 2.30 of the Laguna Beach Municipal Code ("LBMC"), City staff issued an RFP to assist with the preparation of the Update. The scope of services addresses the following: 1) Timeline and Milestones; 2) Assessment; 3) Environmental Review; 4) Recommendations; and 5) Deliverables. The goal is to execute a comprehensive update of the City's Zoning Code, which not only meets regulatory requirements but also responds to the needs of our residents and stakeholders while enhancing the 19 174
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Professional Services Agreement for the Comprehensive Zoning Code Update October 8, 2024
Page2 of3
Attachment 2
requirements for development within residential and commercial zones. The consultant will conduct a public outreach program to maximize success and welcome input from stakeholders, design professionals, and the local community, and attend public hearings to respond to questions regarding the Update and environmental analysis related to this project.

The RFP was posted on PlanetBids on May 16, 2024, and concluded on June 27, 2024. The City received proposals from four firms, with the cost of the proposals ranging from $299,849 to $494,160. Following a review of all proposals, staff determined that three bidders were qualified. City staff reviewed each proposal and evaluated them based upon demonstrated understanding of the project scope, creativity of the submittal, proposed public outreach program and methods, experience working with the City, and experience with professional planning assignments of a similar nature and complexity. In August 2024, three firms were invited to an interview. After careful review, the selection committee affirmed De Novo Planning Group as the "most qualified bidder," as defined in Section 2.30.020 of the LBMC, based on the criteria set forth in LBMC Section 2.30.020. De Novo Planning Group will be partnering with subject-area specialists, JKA Architecture+ Urban Design and Kittleson & Associates, Inc., which specializes in objective standards, transportation, and parking.

The proposed agreement with De Novo Planning Group includes an optional task as identified in De Novo's proposal: optional Phase 7: Environmental Review. As part of Phase 7, which is included in the scope of work in the proposed agreement, the City will consider two, alternative environmental review options:

Option B (Initial Study, Negative Declaration or Mitigated Negative Declaration) for a total cost of $321,449; or Option C (Addendum) for a total cost of $317,369. For budgetary purposes, staff is requesting an allocation of $321,449.

It is recommended that the City Council authorize the City Manager to execute a professional services agreement, and any necessary amendments thereto, all in a form acceptable to the City Attorney, with De Novo Planning Group to prepare the Comprehensive Zoning Code Update and the required environmental review.

ENVIRONMENTAL ANALYSIS
The proposed action is not subject to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) ("CEQA") because it does not qualify as a "project" under CEQA, as defined in Section 15378 of the CEQA Guidelines. The proposed action includes approval of a professional service agreement to prepare the Comprehensive Zoning Code Update. Such action will not result in a physical change in the environment, and therefore is not subject to CEQA.

FINANCIAL ANALYSIS
De Novo Planning Group estimates a total fee of $321,449 to complete the Comprehensive Zoning Code Update, including a full CEQA analysis, which may involve preparing an Initial Study, Negative Declaration, or Mitigated Negative Declaration. The total project budget is $300,000; however, the proposed contract award exceeds this amount by $21,449. 20 175
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Attachment 2
Professional Services Agreement for the Comprehensive Zoning Code Update October 8, 2024
Page3 of3
To address this shortfall, an appropriation of $21,449 is requested, which will be covered by anticipated mid-year savings. Depending on the final scope of work and environmental review outcomes, the total project cost may be reduced, resulting in potential savings.

ATTACHMENTS

1. De Novo Planning Group Proposal (Pgs. 4-50)

2. Professional Services Agreement (Pgs. 51-66)
Report Prepared By:

Wendy Jung, Acting Zoning Administrator
21 Coordinated With:

Jane Abzug, Deputy City Attorney
Matthew Schneider, Assistant Director of
Community Development
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PROFESSIONAL SERVICES AGREEMENT BETWEEN

THE CITY OF LAGUNA BEACH

AND DE NOVO PLANNING GROUP
Attachment 2
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into this 11 th day of October, 2024 ("Effective Date"), by and between the City of Laguna Beach, a Municipal Corporation, hereinafter referred to as the "CITY," and De Novo Planning Group, a California Stock Corporation, hereinafter referred to as "CONSULTANT." CITY and CONSULTANT are collectively refe1Ted to as "PARTIES" herein.

RECITALS
WHEREAS, CITY issued a Request for Proposals on or around May 16, 2024, soliciting qualified bidders to assist with the preparation of a Comprehensive Zoning Code Update and thereafter determined that CONSULT ANT is the most qualified bidder for this project; and WHEREAS, the CITY desires to engage CONSUL TANT to assist with the preparation of a Comprehensive Zoning Code Update; and
WHEREAS, CONSULTANT's scope of services are more fully identified in Appendix A, "Scope of Services," attached hereto and incorporated by reference into this Agreement; and WHEREAS, CONSULT ANT is qualified and agreeable to render the professional services desired by the CITY pursuant to this Agreement; and
NOW, THEREFORE, in consideration of the foregoing and of the mutual promises hereinafter expressed and intending to be bound hereby, the Parties hereto do mutually agree as follows:

Article 1.

PART I

FUNDAMENTAL TERMS
Engagement of CONSULTANT
The CITY hereby agrees to engage CONSULT ANT to perform the professional services set forth in Appendix A "Scope of Services" of this Agreement, and CONSUL TANT agrees to pe1form those services in accordance with the terms and conditions of this Agreement.

Article 2. Scope of Services
In compliance with all terms and conditions of this Agreement, CONSULTANT shall perform all work necessary to complete, in a manner satisfactory to the CITY, the services described and set forth in Appendix A, "Scope of Services", attached hereto and by reference into this Agreement.

Professional Services Agreement - De Novo Planning Group 22 Agreement No. 24-70
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Attachment 2
Article 3. Time of Performance
The services of CONSULT ANT are to commence upon the Effective Date first set forth above, and shall terminate Twenty-Four (24) months from the Effective Date, unless terminated earlier as set forth herein. This Agreement may be extended by mutual, written consent between the Parties for two (2) additional successive terms of six (6) months.

Article 4. Payment and Limitation of Cost
The CITY shall compensate CONSULT ANT for services performed under Article 2, as further defined in Appendix A, in accordance with the following schedule:

CITY shall pay CONSULTANT an amount not to exceed Three-Hundred Twenty-One Thousand Four Hundred Forty-Nine Dollars and Zero cents ($321,449) for the services performed under this Agreement. Payments will be made to the CONSULT ANT on a monthly basis based on the services performed during the preceding billing period, as further detailed below.

In order to receive payments, CONSULTANT shall submit to the CITY periodic invoices.

The invoice shall describe the services performed with specificity, the amount invoiced to date, and shall include such other documentation as may be necessary or requested by the CITY to demonstrate that appropriate progress has been made toward completion of the services.

Adjustments of total cost of services by up to 10% of the original contract amount will be permitted when CONSULT ANT establishes, and the CITY agrees in writing, that there has been, or is to be, a significant change in:
a.
b.

C.

Article 5.

The scope, complexity or character of the services to be performed; The conditions under which the work is required to be performed; or The duration of work if the change from the time period specified in this Agreement for completion of the work wa1rnnts such adjustment in accordance with Part II, Section 4, Paragraph 4.14, Extension of Time for Delay.

Attachments
The provision set forth in Part II, General Provisions, and Appendix A, "Scope of Services," are hereby incorporated by reference and made a part hereof.

Article 6. Integration
This Agreement represents the entire understanding of the CITY and CONSULT ANT as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with regard to those matters covered by this Agreement. This Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements, and understandings, if any, between the parties, and none shall be used to interpret this Agreement.

Professional Services Agreement - De Novo Planning Group 23

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Attachment 2
IN WITNESS WHEREOF, persons executing this Agreement warrant and represent that they are authorized to do the same on behalf of the Parties hereto and are authorized to bind those Parties to the terms and conditions of this Agreement.

CITY OF LAGUNA BEACH CONSULTANT
Dave Kiff, City Manager
Title Principal
Address 1020 Suncast Lane
Suite 106
El Dorado Hills, CA 95762
APPROVED AS TO FORM:

Professional Services Agreement - De Novo Planning Group Page 3 of 16 24 179
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SECTION ONE:

PART II

GENERAL PROVISIONS

SERVICES OF CONSULTANT
Attachment 2

1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, CONSULT ANT shall perform all work necessary covered by this Agreement in a manner satisfactory to the CITY. This Agreement includes the services described and set forth in Appendix A, "Scope of Services" of the Agreement, attached hereto and by reference incorporated herein and made a part hereof, which may be referred to as "services."

1.2 Changes and Additions to Scope of Services. The CITY shall have the right at any time during the pe1formance of the Services, without invalidating this Agreement, to order extra services beyond that specified in Appendix A of this Agreement, or make changes by altering, adding to, or deducting from said services. No payment for extra services caused by a change in scope or complexity of work shall be made, unless and until such extra services and a price therefore have been authorized in writing and approved by the CITY. Such written approval shall set forth the changes of work, extension of time for preparation, and adjustment of the fee to be paid by the CITY to CONSUL TANT. No claim for said additional work shall be made unless such additional work has been specifically authorized in writing by the CITY.

1.3 Specifications. All specifications, manuals, or standards, either attached to this Agreement or incorporated herein by reference, are deemed to be the version in effect as of the date of this Agreement and are binding as to the performance of the work in this Agreement unless they are changed by written amendment and this Agreement is modified in writing to incorporate such changes. Any changes are subject to CITY's written approval.

1.4 Standard of Performance. CONSULT ANT hereby represents and warrants that it has the experience necessary to undertake the services to be provided herein. In light of such status and experience, CONSULTANT hereby covenants that it shall follow customary good professional standards in performing all services required hereunder and shall perform all work in a manner reasonably satisfactory to the CITY. CONSULT ANT shall be responsible to ensure that all work performed, including by its employees if any, is performed to the standards set forth in this Agreement and that such work complies with customary commercial standards that would reasonably and ordinarily be expected from a qualified. skilled and experienced person engaged in a similar type of undertaking under the same or similar circumstances, and conforms to any requirements of appropriate governmental agencies and applicable laws ordinances, codes and regulations of the federal, state and local governments in effect at the time such services are pe1formed.

Notwithstanding any other provision herein, CONSUL TANT agrees to perform all work to the satisfaction of the CITY within the time specified. If the CITY reasonably determines that the work is not satisfactory, the CITY shall have the right to take appropriate action, including but not limited to: (i) meeting with CONSULTANT to review the quality of the work and resolve matters of concern; (ii) requiring CONSUL TANT to repeat unsatisfactory work at no additional charge until it is satisfactory; (iii) suspending the delivery of work to CONSULT ANT for an indefinite time; (iv) withholding payment; and (v) terminating this Agreement as hereinafter set forth.

Professional Services Agreement- De Novo Planning Group 25

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Attachment 2

1.5 Licenses, Permits, Fees and Assessments. CONSUL TANT shall obtain at its sole cost and expense all licenses, permits, and approvals that may be required by law for the performance of the Services required by this Agreement. CONSULTANT shall have the sole obligation to pay any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for CONSUL TANT's performance of the Services required by this Agreement, and shall indemnify, defend, and hold harmless the CITY against any such fees, assessments, taxes, penalties, or interest levied, assessed, or imposed against the CITY thereunder.

1.6 Personnel. CONSULTANT represents that it employs, or will employ, at its own expense, personnel required in perfonning the services required under this Agreement. All of the services required hereunder will be performed by CONSULTANT and all personnel engaged in the work shall be fully qualified and be authorized or permitted under state and local law to perform such services. This Agreement contemplates the personal services of CONSUL TANT and CONSUL TANT's employees, and it is recognized by the Parties hereto that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of CONSULTANT and CONSULTANT's employees. Neither this Agreement nor any interest therein may be assigned by CONSUL TANT, except upon written consent of the CITY.

1.7 Prohibition Against Subcontracting or Assignment. CONSULT ANT shall not contract with any other entity to perform in whole or in part the Services required hereunder without the express written approval of the CITY, and excepting any services identified in Appendix A, "Scope of Services", and excepting minor incidental services including, but not limited to couriers and reprographics services. In addition, neither the Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of the CITY.

In the event of any unapproved transfer, the CITY may void the Agreement at the CITY's option in its sole and absolute discretion.

SECTION TWO: INSURANCE

2.1 Insurance. Without limiting CONSULT ANT's indemnification obligations, CONSULTANT shall procure and maintain, at its sole cost and for the duration of this Agreement, insurance coverage as provided below, against all claims for injuries against persons or damages to property which may arise from or in connection with the performance of the work hereunder by CONSULT ANT, its agents, representatives, employees, and/or subconsultants. In the event that CONSULT ANT subcontracts any portion of the work in compliance with this Agreement, the contract between CONSULT ANT and such subconsultant shall require the subconsultant to maintain the same policies of insurance that CONSULT ANT is required to maintain pursuant to this Section 2.1. If the existing policies do not meet the Insurance Requirements set forth herein, CONSULT ANT agrees to amend, supplement or endorse the policies to do so.

2.1.1 Insurance Coverage Required. The policies and amounts of insurance required hereunder shall be as follows:

Professional Services Agreement- De Novo Planning Group 26

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(1) General Liability Insurance. Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 00 01 including completed operations, with limits of liability of not less than $1,000,000 per occun-ence and $2,000,000 annual aggregate for liability arising out of CONSUL TANT's performance of this Agreement. The limits shall be provided by either a single primary policy or combination of policies. If limits are provided with excess and/or umbrella coverage, then the limits combined with the primary will equal the minimum limits set forth above. If written with an aggregate, then the aggregate shall be double the each occun-ence limit. (2) Automobile Liability Insurance. Automobile Liability Insurance with a limit of liability of not less than $1,000,000 each occurrence and $1,000,000 annual aggregate. The limits shall be provided by either a single primary policy or combination of policies. If limits are provided with excess and/or umbrella coverage, then the limits combined with the primary will equal the minimum limits set above. Such insurance shall include coverage for all "owned," "hired" and "non-owned" vehicles, or coverage for "any auto." (3) Workers' Compensation Insurance. Workers' Compensation Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 each accident for bodily injury and $1,000,000 each employee for bodily injury by disease. Said insurance shall cover all employees of CONSULT ANT providing any service in the pe1formance of this agreement. A statement on an insurance certificate will not be accepted in lieu of the actual endorsement unless CONSULT ANT' s insurance carrier is the State of California Insurance Fund (SCIF) and the endorsement numbers 2570 and 2065 are referenced on the certificate of insurance.

Workers' Compensation is not required for sole proprietors or a partnership with no employees.

However, for sole proprietors or a partnership, CONSUL TANT must complete a "Workers' Compensation Declaration." This form may be obtained from the CITY staff. (4) Professional Liability Insurance. Professional Liability Insurance with minimum limits of $1,000,000 each claim. Covered professional services shall include all work performed under this Agreement and delete any exclusion that may potentially affect the work to be performed.

2.1.2 Evidence of Insurance. CONSULT ANT, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either ce1iified copies of the required policies, or original certificates and endorsements on forms approved by the CITY. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the CITY. If such coverage is cancelled or reduced, CONSULT ANT shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the CITY evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.

Original, signed insurance certificates and endorsements must be sent via email from CONSUL TANT's insurance broker/agent to the CITY.

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The CITY project title or description MUST be included in the "Description of Operations" box on the certificate.

Certificate Holder:

City of Laguna Beach, California

2.2 Endorsements.

Insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been approved by the City in writing.

2.2.1 The insurance coverage required by Section 2.1. l Commercial General Liability shall contain the following provisions or be endorsed to provide the following:

Additional Insured: The CITY, its employees, officers, elected or appointed officials or both, officers, employees, volunteers, boards, agents and representatives shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.

Additional Insured Endorsements shall not:

1. Exclude "Contractual Liability;"

2. Restrict coverage to the "Sole" liability of CONSUL TANT;

3. Exclude "Third-Party-Over-Actions;" and

4. Contain any other exclusions contrary to the Agreement.

Primary Insurance: This insurance shall be primary and any other insurance whether primary, excess, umbrella or contingent insurance, including deductible, or self-insurance available to the insureds added by endorsement shall be in excess of and shall not contribute with this insurance.

A statement on an insurance certificate will not be accepted in lieu of the actual endorsement.

2.2.2 The policy or policies of insurance required by Section 2.1.3 Workers' Compensation shall be endorsed as follows:

Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the indemnified parties.

2.2.3 Any deductible in excess of $50,000 and/or Self-Insured Retentions must be approved in writing by the CITY.

2.2.4 Acceptable Insurance. Each policy shall be from a company with current A.M.

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the California Insurance Code or any federal law. Any other rating must be approved in writing by the CITY.

2.2.5 Insurance of Subconsultants. CONSUL TANT shall be responsible for causing subconsultants to maintain the same types and limits of coverage in compliance with this Agreement, including naming the CITY as an additional insured to the subconsultants' policies.

2.3 Notice of Cancellation. Required insurance policies shall not be cancelled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the CITY; except ten (10) days written notice of cancellation shall be provided for non-payment of premium.

2.4 Other Insurance. Such other policies of insurance as may be required in the Special Provisions attached hereto.

2.5 Contractual Liability. Notwithstanding any other provision herein, the coverage provided shall also apply to the obligations assumed by CONSULT ANT under the indemnity provisions of this Agreement.

2.6 Claims Made Policies "aka: Tail Coverage." If coverage is written on a claims-made basis, the retroactive date on such insurance and all subsequent insurance shall coincide or precede the effective date of the initial Agreement with the CITY and continuous coverage shall be maintained or an extended reporting period shall be exercised for a period of at least three (3) years from termination or expiration of this Agreement. Upon expiration or termination of coverage of required insurance, CONSULT ANT shall procure and submit to the CITY evidence of "tail" coverage or an extended reporting coverage period endorsement for the period of at least three (3) years from the time that all work under this Agreement is completed.

2.7 Waiver of Subrogation. Required insurance coverages shall not prohibit CONSULTANT from waiving the right of subrogation prior to a loss. CONSULT ANT shall waive all rights of subrogation against the indemnified parties and policies required under this Agreement shall contain or be endorsed to contain such a provision.

2.8 Failure to Maintain Coverage. CONSUL TANT agrees to suspend and cease all operations hereunder during such period of time as the required insurance coverage is not in effect and evidence of insurance has not been furnished to the CITY and provide the CITY written notice of the same within 24 hours of suspending and ceasing all operations. The CITY shall have the right to withhold any payment due CONSULT ANT until CONSUL TANT has fully complied with the _insurance provisions of this Agreement.

In the event that CONSULTANT's operations are suspended for failure to maintain required insurance coverage, CONSULT ANT shall not be entitled to an extension of time for completion of the work because of production lost during suspension. Failure to maintain the required insurance coverage shall constitute good cause for termination.

SECTION THREE: INDEMNIFICATION
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3.1 Indemnification. To the full extent allowed by law, CONSUL TANT shall indemnify, defend with counsel acceptable to the CITY and hold harmless the CITY and its officers, officials, employees, agents and volunteers ("Indemnitees") from and against any and all liability, loss, damage, claims, suits, actions, arbitrations proceedings, administrative proceedings, regulatory proceedings, civil penalties and fines, expenses and costs (including, without limitation, attorney's fees and costs and fees of litigation) (collectively, "Liability") of every nature, whether actual, alleged or threatened, arising out of or in connection with CONSULT ANT's performance of the services provided under this Agreement or its failure to comply with any of its obligations contained in this Agreement, except such Liability caused by the sole negligence or willful misconduct of the CITY.

3.1.1 CONSULT ANT's obligation to defend and indemnify shall not be excused because of CONSULTANT's inability to evaluate Liability or because CONSULTANT evaluates Liability and determines that CONSULTANT is not liable to the claimant. CONSULTANT must respond within 30 days to the tender of any claim for defense and indemnity by the CITY, unless this time has been extended by the CITY. If CONSUL TANT fails to accept or reject a tender of defense and indemnity within 30 days, in addition to any other remedy authorized by law, so much of the money due CONSUL TANT under and by virtue of this Agreement as shall reasonably be considered necessary by the CITY, may be retained by the CITY until disposition has been made of the claim or suit for damages, or until CONSULT ANT accepts or rejects the tender of defense, whichever occurs first.

3.1.2 With respect to third party claims against CONSUL TANT, CONSULT ANT waives any and all rights of any type to express or implied indemnity against the lndemnitees.

3.1.3 Notwithstanding the forgoing, to the extent this Agreement is a "construction contract" as defined by California Civil Code Section 2783, as may be amended from time to time, such duties of CONSUL TANT to indemnify shal I not apply when to do so would be prohibited by California Civil Code Section 2782.

3.1.4 Notwithstanding the foregoing, to the extent that this Agreement includes design professional services under Civil Code Section 2782.8, as may be amended from time to time, such duties of CONSULT ANT to indemnify shall only be to the full extent permitted by Civil Code Section 2782.8.

3.1.5 If any term of portion of this Section 3.1 is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, said section shall be interpreted to allow the broadest indemnity permitted by law.

SECTION FOUR: LEGAL RELATIONS AND RESPONSIBILITIES

4.1 Independent Consultant. It is expressly understood that in the performance of the services under the Agreement, CONSULT ANT shall be, and is, an independent CONSULTANT, and is not an agent or employee of the CITY. The CITY shall not in any way or for any purpose become or be deemed to be a paiiner of CONSULTANT in its business or otherwise, or a joint venturer, or a member of any joint enterprise with CONSUL TANT. CONSULT ANT shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of the CITY. CONSULTANT has and shall retain the right to exercise full control and supervision of the Professional Services Agreement- De Novo Planning Group Page 9 of 16 30 185
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services, and full control over the employment, direction, compensation and discharge of all persons assisting CONSULT ANT in the performance of required services. CONSUL TANT shall be solely responsible and hold the CITY harmless for all matters relating to the payment of CONSULT ANT's employees, including compliance with Social Security withholdings and all other regulations governing such matters. Neither CONSULT ANT nor any of CONSULTANT's employees shall, at any time, or in any way, be entitled to any sick leave, vacation, retirement or other fringe benefits from the CITY; and neither the CITY nor any of its employees shall be paid by the CITY time and one-half for working in excess of forty (40) hours in any one week. Neither CONSULTANT nor any of CONSULTANT's employees shall be included in the competitive service, have any prope1ty right to any position, or any of the rights an employee may have in the· event of termination of this Agreement.

4.2 Non-Discrimination and Equal Employment Opportunity. During its performance under this Agreement, CONSULT ANT agrees as follows:

4.2.1 Equal Employment Opportunity. In connection with its performance under this Agreement, CONSULT ANT shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, marital status, sexual orientation, AIDS or AIDS-related symptoms (including HIV positive findings), physical disability, mental disability, mental condition, family care leave, sexual orientation, ancestry or national origin. Actions encompassed by this prohibition shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment, or recruitment advertising; layoff or termination; rate of pay, or other forms of compensation; and selection for training, including apprenticeship.

4.2.2 Sanctions for Noncompliance. In the event of CONSULT ANT's noncompliance with the non-discrimination provisions of this Agreement, CONSUL TANT agrees that the CITY shall be authorized to impose such sanctions or penalties as the CITY may determine to be appropriate, including, but not limited to 1) withholding of payments to CONSULTANT hereunder until CONSUL TANT complies with all applicable requirements and obligations, and/or 2) cancellation, termination or suspension of the Agreement, in whole or in part.

4.3 Proprietary Information. No reports, maps or other documents produced in whole or in part under this Agreement shall be the subject of an application for copyright by or on behalf of CONSULT ANT. All proprietary information developed specifically for the CITY by CONSULT ANT in connection with, or resulting from, this Agreement, including but not limited to inventions, discoveries, improvements, copyrights, patents, maps, reports, textual material or software programs, but not including CONSULTANT's underlying materials, software, or knowhow, shall be the sole and exclusive property of the CITY, and are confidential and shall not be made available to any person or entity without the prior written approval of the CITY.

CONSULT ANT agrees that the compensation to be paid pursuant to this Agreement includes adequate and sufficient compensation for any proprietary information developed in connection with or resulting from the performance of CONSULTANT's services under this Agreement.

CONSULT ANT further understands and agrees that full disclosure of all proprietary information developed in connection with, or resulting from, the performances of services by CONSUL TANT under this Agreement shall be made to the CITY, and that CONSULT ANT shall do all things necessary and proper to perfect and maintain ownership of such proprietary information by the CITY.

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4.4 Use of Patented Materials. CONSULT ANT represents that the services provided hereunder do not infringe upon any patent, trademark, copyright, trade secret or other intellectual property rights of a third party. CONSUL TANT shall assume all costs arising from the use of patented or copyrighted materials, including but not limited to equipment, devices, processes, and software programs, used or incorporated in the services or work performed by CONSULTANT under this Agreement. CONSULTANT shall indemnify, defend, and save the CITY harmless from any and all suits, actions, or proceedings of every nature for or on account of the use of any patented or copyrighted materials.

4.5 Retention of Funds. CONSULTANT hereby authorizes the CITY to deduct from any amount payable to CONSULT ANT (where arising out of the Agreement or otherwise) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate the CITY for any losses, costs, liabilities or damages suffered by the CITY, and all amounts for which the CITY may be liable to third parties, by reason of CONSULT ANT's negligent acts, errors, or omissions, or willful misconduct in pe1forming or failing to perform CONSULT ANT's obligations under this Agreement. The CITY in its sole and absolute discretion, may withhold from any payment due to CONSULT ANT, without liability for interest, an amount sufficient to cover such claim or any lien. The failure of the CITY to exercise such right to deduct or withhold shall not act as a waiver of CONSUL TANT's obligation to pay the CITY any sums CONSULTANT owes the CITY.

4.6 Termination for Convenience of the CITY. The CITY may terminate this Agreement at any time by giving written notice of CONSULT ANT of such termination. In that event, all finished or unfinished documents and other materials shall, at the option of the CITY, become the CITY's property. If this Agreement is terminated by the CITY as provided herein, then CONSUL TANT will be paid an amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of CONSULT ANT covered by this Agreement, less payments of compensation previously made.

4.7 Termination of Agreement for Cause. In addition to the CITY's rights under Section 4.6, the CITY may, subject to the provisions of Paragraph 4. 7 .2, by written notice to CONSULT ANT, terminate the whole or any part of this Agreement in any of the following circumstances: (1) if CONSULTANT fails to perform the services called for by this Agreement within the time(s) specified herein or any extension thereof; or (2) if CONSULT ANT fails to perform the services called for by this Agreement or so fails to make progress as to endanger performance of this Agreement in accordance with its terms, and in either of these two circumstances does not con-ect such failure within a period of ten (10) days ( or such longer period as the CITY may authorize in writing) after receipt of notice from the CITY specifying such failure.

4.7.1 In the event the CITY terminates this Agreement in whole or in part as provided in this section, the CITY may procure, upon such terms and such manner as it may determine appropriate, services similar to those described in this Agreement.

4.7.2 Except with respect to defaults of subconsultants, CONSULTANT shall not be liable for any excess costs if the failure to perform this Agreement arises out of causes beyond the control and without the fault or negligence of CONSUL TANT. Such causes may include, but are not restricted to, acts of God or of the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes and unusually severe Professional Services Agreement- De Novo Planning Group 32

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weather; but in every case, the failure to perform must be beyond the control of, and ,:vithout the fault or negligence of CONSULT ANT.

4. 7.3 Upon receipt of notice of termination from the CITY, CONSULT ANT shall immediately stop its services, unless otherwise directed, and deliver to the CITY all data, drawing, reports, estimates, summaries and such other information and materials as may have been accumulated by CONSULT ANT in the performance of this Agreement, whether completed or in process. Upon termination, CONSULTANT shall be paid the value of the work performed, less payments of compensation previously made.

4.8 Waiver. No delay or omission in the exercise of any right or remedy by a non-defaulting paity on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing.

4.9 Legal Actions. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted or maintained in the Municipal and Superior Courts of the State of California in the County of Orange, or in any other appropriate couit with jurisdiction in such County, and CONSULTANT agrees to submit to the personal jurisdiction of the court. If any claims related to the performance hereunder be asserted against either patty hereto, then the party claimed against shall receive reasonable assistance from the other.

4.10 Rights and Remedies are Cumulative. The rights and remedies of the Parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any rights or remedies for the same default or any other default by the other party.

4.11 Attorneys' Fees. In any action between the Parties hereto seeking enforcement of any of the terms of provisions of this Agreement or in connection with the performance of the work hereunder, the party prevailing in the final judgment in such action or proceeding, in addition to any other relief which may be granted, shall be entitled to have and recover from the other party its reasonable costs and expenses, including, but not limited to, reasonable attorneys' fees, expert witness fees and courts costs. If either party to this Agreement is required to initiate or defend litigation with a third party because of the violation of any term or provision of this Agreement by the other party, then the party so litigating shall be entitled to its reasonable attorneys' fees and costs from the other party to this Agreement.

4.12 Jurisdiction. This Agreement shall be interpreted in accordance with the statutes and laws of the State of California, the City of Laguna Beach and any other government agency applicable to the subject of this Agreement and the performance hereunder.

4.13 Non-liability of Citv Officers and Employees. No officer, official, employee, agent, representative, or volunteer of the CITY shall be personally liable to CONSULT ANT, or any successor in interest, in the event of any default or breach by the CITY, or for any amount which may become due to the CITY or its successor, or for breach of any obligation of terms of this Agreement.

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4.14 Extension of Time for Delay.

4.14.1 If the work is delayed at any time by reason of a suspension ordered by the CITY or because of any other act of the CITY, or because of neglect by the CITY without contributory fault or neglect on the part of CONSUL TANT, or if the work should be delayed at any time by reason of strikes, acts of God, the public enemy, acts of the CITY, fire, floods, epidemics, quarantine restrictions, freight embargoes, abnormal force, violence of the elements, or for any other unforeseen cause beyond the control and without the fault or negligence of CONSUL TANT, or for any other reason which in the opinion of CONSULT ANT is proper justification for such delay, then CONSULTANT shall be entitled to an extension of time equivalent to the time actually lost by such delay.

4.14.2 CONSUL TANT shall file a written request with the CITY for extension of time within ten (10) days following the beginning of such delay, and failure to do so shall constitute a waiver thereof, provided that in case of a continuing cause of delay, only one claim will be necessary. The CITY shall ascertain the facts and the extent of delay, and extend the time for pe1forming the services for the period of the enforced delay when and if in the judgment of the CITY such delay is justified. The CITY's determination shall be in writing and be final and conclusive upon the Parties to this Agreement.

4.14.3 A request for an extension of time or the granting of an extension of time shall not constitute a basis for any claim against the CITY for additional compensation. CONSULT ANT shall be deemed to have waived any claims for additional compensation and does hereby so waive any such claims unless he shall, at the time of filing a request for an extension of time, likewise file a claim for additional compensation on account of such delay.

4.15 Interests of Members of the CITY and Others. To the extent prohibited by applicable law, no officer, member or employee of the CITY and no member of its governing body nor other public official of the governing body of the locality or localities in which the work pursuant to this Agreement is being carried out, who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of the aforesaid work, shall (1) participate in any decision relating to this Agreement which affects his or her personal interest or the interest of any corporation, partnership, or association in which he or she has, directly or indirectly, any interest; or (2) have any interest, direct or indirect, in this Agreement or the proceeds thereof during his or her tenure or for one year thereafter.

4.16 Interest of CONSULTANT. CONSULTANT hereby covenants that it has, at the time of the execution of this Agreement, no interest, and that it shall not acquire any interest in the future, direct or indirect which would conflict in any manner or degree or be inconsistent with the performance of services required to be performed pursuant to this Agreement. CONSULT ANT further covenants that in the performance of this work no person having any such interest shall be employed.

4.17 Covenant Against Contingent Fees. CONSULT ANT warrants that it has not employed or retained any company or person to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person any fee, commission, percentage, brokerage fee, gifts or any other consideration contingent upon or resulting from the making of this Agreement. In the event of a breach or violation of this warranty, the CITY shall have the right to annul this Agreement Professional Services Agreement- De Novo Planning Group Page 13 of16 34 189
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without liability or, in its discretion, to deduct from the compensation or consideration due CONSULTANT, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gifts or contingent fee.

4.18 Compliance with California Unemployment Insurance Code Section 1088.8. If CONSULT ANT is a Sole Proprietor, then prior to signing the Agreement, CONSULTANT shall provide to the CITY a completed and signed form W-9, Request for Taxpayer Identification Number and Certification. CONSUL TANT understands that pursuant to California Unemployment Insurance Code Section 1088.8, the CITY will report the information from Form W-9 to the State of California Unemployment Development Department, and that the information may be used for the purposes of establishing, modifying, or enforcing child support obligations, including collections, or reported to the Franchise Tax Board for tax enforcement purposes.

SECTION FIVE: MISCELLANEOUS PROVISIONS

5.1 Records and Audits. CONSULT ANT shall maintain complete and accurate records with respect to services pe1formed (including, but not limited to, the identity of the person doing the work, a description by date and person of the work performed, and the amount of time expended on such work) and costs incurred under this Agreement. CONSULT ANT shall also maintain its records suppo1ting its cost proposals used and relied on to enter into this Agreement.

CONSUL TANT shall maintain records to show actual time and allowable costs with respect to each task set forth in Appendix A of this Agreement." All such records shall be maintained on a generally accepted accounting basis and shall be clearly identifiable. CONSULTANT shall submit to the CITY such progress reports and final reports in the manner and time set forth in Appendix B attached hereto and by reference incorporated herein. The final repo1t and CONSULTANT's work product shall become the property of the CITY. All records required to be maintained hereunder shall be maintained by CONSULTANT for a period of five (5) years.

5.2 Access to Records. The CITY shall have access, upon reasonable notice, to the books and records of CONSUL TANT related to CONSULT ANT' s performance of this Agreement in the event any audit is required. CON SULT ANT shall allow inspection of all work data, documents, proceedings and activities related to the Agreement, and CONSUL TANT's performance hereunder, for a period of one (1) year from the date of final payment under this Agreement.

5.3 Ownership of Records. All drawings, original documents, methodological explanations, computer programs, designs and repo1ts and other materials prepared by CONSULT ANT in this performance of this Agreement (i) shall be the property of the CITY and shall be delivered at no cost to the CITY upon request of the CITY or upon the termination of this Agreement in accordance with accepted standards relating to public contracts, and (ii) are confidential and shall not be made available to any individual or entity without prior written approval of the CITY. Any additional copies will be the responsibility of the CITY.

5.4 Notices. Unless otherwise provided herein, any notices required to be given under the Agreement shall be in writing with copies as directed herein and shall be personally delivered, or delivered by United States mail, prepaid, certified, return receipt requested, or by reputable document delivery service that provides a receipt showing date and time of delivery. Notices personally delivered or delivered by a mail document delivery service shall be effective upon Professional Services Agreement- De Novo Planning Group 35

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receipt. Any notice given by mail shall be deemed to have been given when deposited in the United States mails certified and postage prepaid, addressed to the party to be served as follows:

To CITY: City of Laguna Beach
Attn: Dave Kiff, City Manager
505 Forest Avenue
Laguna Beach, CA 92651
Notices to CONSUL TANT shall be delivered to the address set fo1th below CONSULTANT's signature on Part l of this Agreement. Changes in the address to be used for receipt of notices shall be effected in accordance with this Section 4.4.

5.5 Severability. Each provision of this Agreement shall be severable from the whole. If any provision of this Agreement shall be found contrary to law, then the remainder of this Agreement shall continue in full force.

5.6 Authority. The person(s) executing this Agreement on behalf of the Parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound.

5.7 Construction and Amendment. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either paity by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. The headings of sections and paragraphs of this Agreement are for convenience or reference only, and shall not be construed to limit or extend the meaning of the terms, covenants and conditions of this Agreement. This Agreement may only be amended by the mutual consent of the Parties by an instrument in writing.

5.8 Extent of Agreement. This Agreement represents the entire integrated agreement between the CITY and CONSULT ANT and supersedes all prior negotiations, representations of agreements, either written or oral. This Agreement may not be modified or amended except by a writing signed by both the CITY and CONSULT ANT.

5.9 Special Provisions. Any additional or supplementary prov1s1ons or modifications or alterations of these General Provisions shall be set fo1th in Part Ill of this Agreement ("Special Provisions").

5.10 Precedence. In the event of any discrepancy between Part l ("Fundamental Terms") and Part II ("General Provisions"), Part II shall take precedence and prevail over Part I. Part III shall take precedence and prevail over Patt I and Part II.

5.11 Compliance with Laws. CONSUL TANT warrants and represents to CITY that it shall comply with all applicable statutes, standards, rules, and regulation required by Federal, State, and local agencies, including compliance with CAL/OSHA requirements as may be applicable.

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APPENDIX A
"SCOPE OF SERVICES"
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CITY OF LACUNA BEACH
Comprehensive Zoning Code Update
Submitted June 27, 2024
PREPARED FOR:

City of Laguna Beach
Kirsten Gallacher
Administrative Assistant
Community Development Department
kg allacher@l agunabeach city.net (949) 497-0723
De No v o Planning Group
A l, .tn d Us" Plann i ng, Des11n, .111d En\'rrQnm ~ nlal Firm 38 ••••
PREPARED BY:

De Novo Planning Group
180 E Main Street. Suite 108
Tustin CA 92780
In Association With:

JKA Architectu re+ Urban Desion I
Kittelson & Associates. Inc ~
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Laguna Beach: Comprehensive Zoning Code Update

TABLE OF CONTENTS
I

COVER LETTER AND STATEMENT OF

INTEREST

CONSULTANT BUSINESS INFORMATION

EXPERIENCE/QUALIFICATIONS OF

CONSULTANT'S TEAM

APPROACH/METHODOLOGY

REFERENCES/PROJECT HISTORY

PROPOSED COST FILE

EXCEPTIONS

OTHER INFORMATION

APPENDIX A - RESUMES
De Novo Planning Group 39
1 3
5 9
19 25
26 27
A
i i
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De No v o Pl a nn ng Group
A La =1 d ll r. e P 1.- n n I n ~ n,. ~ i g 11 ., n d E n \' i 1 ,, 11 rn f- n 1 .1 I F i I m ••••

1. COVER LETTER AND STATEMENT OF

INTEREST
June 27. 2024
Kirsten Gallacher
Admini5trative Assistant
Community Development Department
[email protected] (949) 497-0723
Subject: Preparation of a Comprehensive Zoning Code Update Speaking on behalf of the entire De Novo l'/,v111i11g Team, we would like to thank you for the opportunity to mlnnit thv. proposal to prepare a comprehen;ive update to the City of Laguna Beac/;'s Development Code, including all task., specified in the RF!' and project management services. Based on our 1·eview ~f the RF!', deep local and regional experience, and long-range plam11ng expertise, we are confident that we l1atie assembled a first-class team to undertake thu cxc1rir1g project and deliver to the City a simpl(fied Zoning Code 011-sc/1ed11le and on-budget. Below we have outlined our dedicated team members and why r/;e De Novo team u best qualified to assist yoz, on thu important u-ork ~ffort.

Coming on the heels of other recent planning projects including the Housing Element Update Downtown Specifi c Plan Update and Streamlining Ord inance for projects subject to design review. now is an irnportant time to simply and streamline the City of Laguna Beach's Zoning CocJe to improve its long-term implemen· tal ion
OCH TE,\\I
We have ass(-,mbled a carefully-selected team of planning ancJ urban cJesign practitioners with deep personal ancJ professional experien ce in the region to work collaboratively with key stakeholders and the City of Laguna Beach on this project We are 100% committed to th ;s project ancJ will allocate our resources and energy in a way that will exceed all expectations. leaving the City with a simplified and effective Zoning Code that addresses c.irrent and future chal lenges and reflects c.omm,.m1ty va lues De Novo Planning Group would serve as the prime consultant for this contract with the City. Our team is lecJ by De Novo Principal Amanda T•opiano (who wi ll serve as the Princ1pal-1n -Charge). Starla Barker. AICP (who will act as a strategic advisor) and Ashley Brodk1n (who will serve as the Project Manager) Amanda.

Starla. and Ashley have managed numerous development code updates. and we have developed a highly successful approach to complex projects of this nature. We w ill remain personally involved in every aspect of the project from start to fini sh.

Our team also includes the following subject-area specialists JKA Architecture+ Urban Design (objective de· sign standards) and Kittelson & Associates, Inc. (transportation and parking). Thi s project team has worked together on numerous recent projects. including for the cities of San Jacinto. Lawndale and Palos Verdes Estates. to name ju st a few All of our team mem bers are ready to start work im mediately upon the City's notice to proceed and are committed to delivering the products on-tim e and on-budget.

De Novo Planning Group

DE NOVO PLANNING GROUP
180 E MAIN STRE ET. SUITE 108 I TU STIN CA 92780
ATROP [email protected] LANN ING COM I (71 4) 453 -7 711
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Attachment 2
WHY DE .\O\'O
De Novo is a relatively small planni'lg firm in terms of staff size We know this. and we embrace it We consider our size to be a tremendous asset to our clients since it allows us to provide superior levels of customer service at very competitive billing rates I arger fim,s tend to carry cumbersorne over-head costs. which resu lts in the need for higher howly bil ling rates. frE:quent contract mod1ficat1ons and hii:,Jher staff turnover As an owner of the company. your Project Manager ;sable to make quick decisions to keep the project moving forward All of De Novo s principal-level planners prefer to roll up our sleeves and work on our projects ourselves.

As managers of the company, we take great pride in our work products and we strive to build a strong connection with each of our clients The greatest compliment that our clients pay us is to invite us back to provide adcl 1llonal services.

OU{ ST,\TE:\IE\'T OF ('0.\1\II'DIE.\T
We have structured this scope of work to best meet the Citys needs. as we understand them Howeve1. I wou ld like to emphasize that Wf: are m,.,rE; than har;py to work colla boratively with the City to refine this scope of work and approach to best meet the City·s needs and expectations for this very important project We are confident that De Novo s expertise ,n preparing irnplementable planning tcols across California cou pied with ouI subconsultant teams proven collaborative app,oach p resents the City with a unique opportunity to hire a team of consultants w ith the best possible com bination of ski lls needed for this project We look forward to the opportunity to further discuss ou, proposal and our approach to your project The offer contained in this proposal is valid for a minimum of 120 days. If you have any questions regarding this submittal please do not hesitate to contact me at (714j 453·7711 or at atropiano@denovoplanning com Sincerely,
Amanda Tropiano
Principal

D E NOVO PLANNING GROU P
180 E MAI N STR EET SUITE 108 I TUSTIN CA 92780
ATROPI AN O@D ENOV~ ~ LAN NING.COM I (714) 453 -7711
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Laguna Beach Comprehensive Zoning Code Update

2. CONSULTANT BUSINESS INFORMATION
De Novo Planning Group
A 111 rr d U se l'l11nr1ng Ue $lgn. ;ind t:5rv1rcnmtn 1., 1 I l r m •••• De Novo Planning Group Is a land use and environmental planning firm specializing in community planning. environmental studies design. and development services Founded in 2008 in the greater Sacramento area.

De Novo opened an office in Orange County in 20"17-led by Principal An,anda Tropiano-to serve southern California clients The fi1rn·::; principal -level staff have successfully completed over 400 projects consisting of ccrnprP.hP.nsive gereral plan:,. v1s10ning plans. sr1ec ik: plans. housing elements. environmental impact repoI ts negative declarations initial studies. NEPA analyses. climate action plans. biological assessments. wetland delineations and development projects throughout California As part of essentially all of ouI long· range planning projects De Novo designs and implements community engagement progI·ams

OUR MISSION
Our mission Is to provide municipal and private sectoI clients with world class p1ofessional services. through principal-level attention to every project Vl/e pride ourselves on our ability to work vvith clients to balance their economic social environmental. legal. and political goals Our services result: in an integrated planning and environmental solution for every project that is techn ically sound cost effective and delivered within the client's schedule

OUR PHILOSOPHY
Our philosophy is to proactively plan an(J design projects in such a way that public and environmental concerns are adcJ1essed and accommo· dated early in the process We strongly believe in the use of local knowledge for cJevelop :ng sensible and cost-effective solutions to local con - cerns Our solutions integrate local knowledge with the best available Iesources to achieve recognized national and international standards for planning a"ld environmental management to achieve a balance in local economic social and environmental goals De Novo Planning Croup is dedicated to fostering a partnership with each agency we serve through listening to th= comrnuntty and stakeholders and I efl ecting the ideas and concerns we hear in the approach developed for each project

OUR TEAM
The work program will be led out of ow so.Jthern California office located in the City of Tustin. De Novo is a Californ ia S-CorporatIon and has 20 ful ltime staff. including four Principals. three Principal Planners. four Senior Planners. and a team of technical associates. We provide personal service to all of our clients and are committed to exceeding your expectations on all components of the work plan.

De Novo Planning Group 42
De Novo Planning Group
180 E Main Street Ste 708
Tustin. CA 92780
Contact: Amanda Tropiano
714-453-771 l
[email protected]

DE NOVO SERVICE AREAS
Community Planning
General Plans
Visioning Plans
Housing Elements
Specific lllal'S
Zoning Codes
Public Facilitation
Grant Writing
Project Management
Application Processing
Project Review/Peer Review
Environmental Studies
CEQA Compliance
NEPA Compliance
Biological Studies
A91 icultural Studies
Air Quality Studies
Climate Action Plans
Sustainabil ity Planning
Mitigation Monitoring
Per 111itting
Design
Land Use Plans
Subdivision Layouts
Site Planning
Design Guidelines
Development
Feasibility Studies
Due Diligence Packages
Competition Analyses
Cost Estimate
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JKA ARCHITECTS+ URBAN DESIGN
John Kaliski Architects. Inc (JKA). founded !n 2000 and based In Los Angeles California is a full service 11 per son. architecturE.- and urban design firm specializing in commurnty-based urban design anc! mixed-use and
multifamily :irchitecture ThE.- firm·s mission is 1·0 foste1 places and buildings that support health. happiness
and well being Over tV'/O oecades. JKA's urban dEsiqn
work has facilitated complex community planning chal ·
lenges. introduced innovative concepts building the
city design toolbox. and visualized community goals
and objectives in the form of standards and gu;delines
based upon observation. input and consensus building
As both urban designers and architects. JKA is well ..
versed In zoning codes. building codes. and construc -
:;on logics As architects the firm foct-ses on multifamily and 1nixed-use infill projects having completed over 500 dwelling units as well as single-family hospitality. and cummerc,al projects in the past five year,, JKA
brings this pragmatic experience to each of ,ts urban
design projects including urban design master plans.
cornn1unity-based spec ific plans development and
joint development feasibility studies. complete streets. active t'a11sportaiion/first mile/last rnile olanning projects transit-oriented design of statio1, areas and station stops visual simulations. and design guideline and standard projects.

In each J KA project. the key goal is to always foster
the creation of a durable authentic and sustainable
hurnan-scale experience that realizes a local sense of
community purpose
JKA Architecture + Urban Design
3780 Wilshire Boulevard Ste 500
Los Angeles. CA. 90010
Contact John Kaliski. FAiA. NCARB
213-383-7980
[email protected]
De Novo Planning Group 43
Attachment 2
Laguna Beach: Comprehensive Zoning Code Update

I KITTELSON
& ASSOCIATES
KITTELSON & ASSOCIATES, INC.

Kittelson & Associates. Inc. provides comp1ehensive
transportation engineering. planning. and research
services to government agencies and private organizations. An Oregon Subchapter S Corporation found - ed in '1985. Kittelso n lv,s oveI· 350 staff in 25 officPs na tionwide. including four offices in California (Orange.

Oakland Sacramento. and San Francisco) Kittelson s
Southern California regional office. located in Orange. was established in 2014 and serves clients throughout
Los Angeles and Orange counties. With this breadth of
staffing. Kittelson ;s able to address client needs w ith local experience and national expertise.

Kittelson staff brins.J a demonstrated understand ing of transportation and circulation requirements. travel de
mand modeling. and regional knowledge developecl
over the course of more than 30 years of project expe·
rience in California. including through recent work on
general r.J lans ancJ specific plans in both Northern ancl Southern California. The firm provides support for all
stages of planning and environmental analysis. from
site analysis through approval and construction. Kittelson staff ar0 particularly knowledgeable about California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) compliance and recent changes to CEQA- required transportation analyses The
firm approaches each project by building a thorough
understanding of client and project needs and jurisdic
tion requ I1·ements. tailoring its work to assist clients in SL.cc.essfully fulfilling env·ronmental requirerr,ents in an efficient and c.ost-effect,vc- rnann,::1·
Kittelson & Associates, Inc.
750 The City Dr S Ste 410
Orange. CA 92868
Contact: Tim Erney
714-468-1181
[email protected]
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3. EXPERIENCE/QUALIFICATIONS OF

CONSULTANT'S TEAM

AN EXPERIENCED PROJECT TEAM
The De Novo Planning Group team 1·epresents a fu ll-service team of city planning and subject-matter experts capable of providing §)l_service_:i requested by the City of Laguna Beach. We recognize and appreciate the trem endous commitn,ent you are making to th is prog ram :
; eie impacts to your time and financial resources are real and sigrnfic.ant and it is our goal to work with you on an eff1c.1ent program We will closely coordinate w ith C ty Staff and w ill provide principal-level attention to every step of the process while adhe1·ing to the pmject sched · ule and budget.

De Novo Planning Group has led Zoning Code Updates
for the following publ ic agencies (among others)
City of Brentwood
,, City of Lawndale
City of Lomita
>; City of San Jacinto
City of Sebaslopol
City of Westminste1
Glenn County
Colusa County

PROJECT CONTROLS
Our project team is fully committed to implementing
an E=ffecbve and efficient work program and bringing
the project forward with in a maximum of two years. We
thrive under deadlines. and we have a t1·ack record of
meeting or exceeding our project schedules Our use of
Principal-level staff throughout all stages of the project allows us to work quickly. efficiently. and produce preliminary draft documents of superior quality Our proj ect managers take a very active and hands-·on role. and we
diligently manage our team and coordinate w ith City
staff to ensure that all parties are continuously aware of pending deadlines. outstanding tasks. and draft w ork
products that will require staff review
De Novo Planning Grou p
We take tremendous pride in our ability to adhere to ou r project budgets. Our project managers are also principals and senior ma1~agers of the firrn. and to this encl we have the authority to take any steps necessa1·y to ensure that our projects remain on budgel. We manage our project· budgets using sophisticated budget t 1·acking software and ail members of the team log and record
hours-worked by task to provide a transpa rent accounting process Project Manager Ashley Brodkin will manage all monthly billing reports and will provide the City with a corresponding monthly status report idenLiry
work completed. upcoming work efforts. and outstand -
ing action items
\Ne strongly encourage the City to call eve1·y one of our references and spec ifically inquire about the extraordi na ry stf=PS we Lake Lo ensure we do not modify or ex·
ceed ou1· budgets.

PUBLIC INPUT PROCESS
With in-house community engagement expertise De
Novo is able to effectively and efficiently manage the entire woi-k program collaborate with public engagement specialists, and connect outreach efforts to actionable public policy work programs.

Our past experience preparing long-range policy cl ocu
ments has taught us that a key to a successful project is meaningful stakeholder and city leade1·ship involvement However. the process of working with a group of diverse interests can be challenging. it may be difficult to nc•ach consensus on all issues. and there may be challenges associated with generating public interest and involvement in the process
When a program doesn't go as-planned or produce the
expected results. the De Novo team seeks to identify the underlying challenge and address it head-on. Our work
program is intended to help the City achieve the level of engagement that must be present in this process 1n order to prepare meaningful policy documents. 44 5
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Laguna Beach· Comprehensive Zoning Code Update

TEAM ORGANIZATION
De Novo will be the prime and manage a team with deep experience planning and implementing development code updates Below is a chart outlining key management personnel For ease of reference. the following pages include brief biographies for key staff, and resumes for all team members are included in Appendix A Amanda Tropiano. a Principal and Owner at De Novo. will serve as the Principal-i n-Charge and Ashley Brodkin is a Senior Planner and will serve as Project Manager
Amanda Tropiano
Pri ncr pal-in-Charge
Perry Banner
Principal Planner
De Novo Planning Group

CITY OF LAGUNA BEACH
De Novo Planning Group
Starla Barker, AICP Ashley Brodkin
Strategic Advisor I Principal Planner· Project Manager I Senior- Planner Megan Thorne,AICP
Senior Planner + Designer
Subconsultant Team
John Kal1sk1, FAIA, NCARB
Managing Principal
Amee Bhatt. LEED AP ND
Senior Project Manager
45 Trm Erney, AICP, PTP. CTP
Senior Principal
Fernando Sotelo. PE, PTP
Principal Engineer
Michael Sahimi.AICP
Senior Planner·
Erik Anderson
Associate Planner
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Amanda Tropiano
With deep professional planning experience in the region Amanda has successfully managed a wide varI·
ely of land use planning projects
all of which have included a robust
community engagement program
These projects include Genei-al Plan
Updates for Lake corest San Jacinto
San Marcos. Indian Wells Lawndale
and La Ve1ne and community p1oj
ects iri Irvine. Yorba Linda. Westminster. Rancho Santa Margarita. and Tustin. Amanda is certified by the In·
ternational Association of Public Par
ticipalion (IAP2)
Perry Banner
J <
Peri-y Banner brings a combined 20
years of experience in local government and private practice planning to the firm with work ir lx,th the
United States and Canada Perry possesses a diverse range of skills including project management. land use analysis. and policy development His
capabilities also include economic
development and real estate development Perry also supports private sector clients in navigating public
agency approval processes
De Novo Planning Group
Attachment 2
Laguna Beach: Comprehensive Zoning Code Update
Starla Barker, AICP
Starla Barker. AICP. is a principal planner with De Novo Planning Group whose primary responsibilities are
the management and preparation
of environmental documents (Initial
Studies Negative Declaration. Environmental Impact Reports. and En· vironmental Assessments). as well
as other planning documents induc.Jinsi Cene1al Plans and Specific.

Plans. With over 77 years of professional planning experience Starla has successfully rnanaged a wide range
of projects with particular emphasis
in General Plans. urban 117fill downtown and redevelopment projects Megan Thorne, AICP
With over 15 years of professional
planning experience. Megan has
worked on a wide variety of planning
projects for public and private sector
dients. inclucing numerous specific
plans general plans corridor plans.
site plans. design guidelines. strate·
gic plans. sustainability programs. visioning projects. transit-oriented development plans. zoning documents. outreach programs. and 3D visualizations. Megan possesses the ability to think creatively and envision change
while keeping projects grounded
with achievable benchmarks and
implementable policy goals.
46 Ashley Brodkin
Ashley Brodkin is responsible fol thE:
preparation of environmental documents. as well as a wide \'a1·icty or planning projects including General
Plans. SpE:cific Plans. 01 dinance updates. and local CEQA guidelines Ashley has prepared and managed
a variety of CEQA and NEPA doc
uments for cap;lal improvements.
new developments. redevelopment
and urban infill warehouse/logistics
and public policy document projec.ls.
and a variety of planning projects
including General Plans Housing
Elen,ePts. Specific Plans Development Ordinance Updates. and entitlements Eri k Anderson
Er·ik has worked -on a diverse range of
projects for public and private sector
clients. with a focus on environmental and sustainability planning landuse planning. and policy develop· ment. Erik provides project support
in the preparation of CEQA documentation and long-range planning documents. includ ing General Plans.

Housing Elements. and Zoning updates. His experience includes grass roots lobbying with a non-profit environmental organization and work in the lccgal fielo.
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John Kaliski
Since founding John Kalisk i Architects in 2000. John's work has in - cluded design guidelines fo1 th"' Hol -
lywood Boulevard District. a vision
plan for Los Angeles Crenshaw community. the Ocean Park Boulevard Complete Green Street. design of
affordable small lot subdivision town -
homes for Enterprise Foundation.
private homes. and over 1000 units
of multi family housing. His design
work and writings have been 1ecognizecJ with awards f,om the AIA and the American Planning Association
Tim Erney
Tim Erney is a Senior Principal Planner with over 20 years of experience managing analyses and documen
tation fo1 sustainable transportation
pi-actices. TDM measures pedestrian
and bicycle reviews. environmental
review p1ojects. access and circulation studies. parking evaluations. and data collection programs. Tim has
been leading the firm's efforts on the
evaluation of emerging technologies
and alternative evaluation metrics.

De Novo Planning Group
Attachment 2
Laguna Beach Comprehensive Zoning Code Update
Am ee Bhatt
' II
Amee Bhatt joined JKA in 2021 and
has seven years of expenence in arch1-
tectuIe urban design and plannmg
At JKA Amee manages all urban cJe
sign projects She conducts analysis
and creates goals. policies and actions
to enl1ance the evolving landscape
Amee has authored multi family and
mixed use objEcliv<c- clesign standards
that comply with S89 and maintain
the character of slllgle family neigh
borhoods. developed building proto
types and calculated opinions of cost
for economic feasibility studies
Fernando Sotelo
\
Michael Sahim i
\f
Fernando understands the complex Michael is an expe,ienced transpor1ties of transportation planning and tation planner with expertise in trafhas prepared transportation sections fie operations r~11vi1onmental analof Environmental Impact Reports for ysi5 travel demand modeling and major projects such as general plan forecasting. circulation studies and updates and specific plans. His pro- parking studies. He is also involved fess1onal c~xperience with traffic anc in active transportation and transit parking analyses includes schools planning. Michael works w ith Arcand a variety of land development GIS Cube. TransCAD Synchro and uses such as warehousing. mixed Tranplan transportation software His use. commercial and recreation proj· work has included coordination with ects in throughout California several agencies in Southern Cali47 fornia. including the San Bernardino
County Transportation Authority and
the OrangE County Transportation
Authority
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4. APPROACH/

METHODOLOGY
Attachment 2
Laguna Beach· Comprehensive Zoning Code Update

HOUSING ELEMENT IMPLEMENTATION
A.mend Zoning Code to refer to state Density
Bonus
» Provide more flexible development standards for
affordable housing and facilitate development of
PROJECT APPROACH densities at or above 30 units per acre A comprehensive update to the Zoning Code that al
lows for a more usable and approachable code. simpli·
1 Ies r;roject review. implements the Housing Element
and conforms with recent State laws while preserving
Laguna Beach s unique character Include d iscussion
abou t working closely w ith public key stakeholders and planning staff
We have proposed to complete this work in 24 months
and will maintain strict adherence to the project sched · ule and budget. Below is a b1 ief summary of ou: appmach Lo this project ·

STREAMLINE AND SIMPLIFY THE

ZONING CODE
Simplify and clarify the development regulations
while protecting the City s unique aesthetics.
character. and charm
» Update Administrative procedures
Peduce amount of time it takes for a project to
go through Design Review
Narrow scope of items that require design
review
Emphasis on Chapter 25.05 (Administration )
Review Design Review Findings and
consol idate location of all findings in the Cocle
Add Definitions chapter
• Will include new uses as well as removing any
defunct uses
Include HE implementation
Comprehensive review to streamline and remove
and duplicate and contradictory language
Include tables for permitted uses and
development standards for residential and
commercial zone districts
Include images and graphics as needed to
illustrate concepts
De Novo Planning Group
» Amend R·3 zone to allow multi-family housing
restricted to extremely low to moc.ierate income
occupancy as a pem1itted use
lncentivize lot consolidations for sites that provide
100% affordable housing developments
Conformance with State law rnlated to low barrier
navigation centers. emergency and transitional
housing and pe1manent supportive housing
(SB2. SB745 and AB2162I. single-room occupancy
units and reasonable accommodations
., Accommodate larg0 group homes as a residential
use and establish cond itions of approval thal are
objectives and provide for certainty in outcomes

OBJECTIVE DESIGN STANDARDS
Review I ecent projects to identify potential issues
related to objectivity
,, Conduct mult·1ple site tours to memorialize the
essence of the Laguna Beach typology
,, Review objective design standards for similar
agencies to identify best practices
Create legally-defensible standards that 1eflect
the history and character if Laguna Beach

MODERNIZE THE ZONING CODE,

ADDRESS LEGAL REQUIREMENTS, AND

INCORPORATE BEST PRACTICES
To ensure that the Zoning Code best serves the City·s
current and future needs. De Novo will update the Code
to eliminate outdated processes and provisions. refler;t al! legal requirements. and address contemporary top·
ics.
48 Evaluate parking standards
Make amendments to follow industry best
practices by more accurately captLll"ing parking
demand based on land-use
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Attachment 2
Laguna Beach: Comprehensive Zoning Code Update

SCOPE OF WORK
We have prepared the following Work Plan in response
to the City's Request for Proposals. our understanding
of local concerns. and our experience working on zoning code projects throughout California While we believe
this scope of work addresses the City's needs. should
~'l"= City have any requests or modifications. we would be happy to tailor the scope accordingly. All work prod ucts will be delivered in an electronic format. whe1·e hard co:J ies of r,1oducts are provided. they a1<?. spr:::cif1cally identifiE:·d in the a;,suc.iated ta,,k deliverable Beluw is a summary of our proposed scope of work
PHASE 1 - PROJECT INITIATION
The first phase of ow work plan is foe 1ised on establishing relationships with City staff who will play a key role in the project. becoming familiar with Laguna Beach's
existing conditions. anu initiating the project management protocols that will ensure a successful planning process
Task 1.3: Project Management
Project management activities will include coordination between the De Novo management team and City staff. and will involve bi-weekly team conference calls. and monthly progress reports. includ ing the status of
each task and deliverables
Deliverables: Monthly progress reports, and
other written correspondence as required.

PHASE 2 - PUBLIC PARTICIPATION
This task will include public workshops and study sessions in 01der to collect feedback from residents. business owners. community members. and other stake holders throughout the Comprehensive Zoning Code
Update process It is also during this task prior to the complehon of the draft zoning code update that residents. property owners developers and the business community will have the opportunity to submit input
Our approach to the task provides for additional oppo1·· tunities for community involvement in order to ensure
thar: the Zonin\;J Cod0 Update c.on,,1ders and r<?.flects th0 Task 1.1: Kick-Off Meeting community s priorities and provides a variety of means The De Novo team will m eet in person with City staff to of community input kick off the project. We anticipate discussing the following at the kick-off meeting:

Project management and communication
protocols.
" Confirm/finalize projr:'c.t ,,co1"Je of work and
schedule.

Discuss public outreach approach. and
Review data request for key background
documents.

Deliverables: Kick-off meeting agenda, data
needs list, sum mary notes, inventory of
relevant documents.

Task 1.2: Timelines and Milestones
De Novo will prepare a date specific schedule with milestones for the project. The project schedule wi ll identify work product review deadlines and both minor and major milestones Included with the schedu le will be an action plan that includes details of each phase of the project and ic.ient1fes important milestones tor thEi project Deliverables: Draft and final date specific
schedule and project action plan.

De Novo Planning Group
Task 2.1: Public Participation Plan
Following the project kick-off meeting. the team will
meet rn -person t0 review. confirm and/or rncdify the
proposed public participation work plan to ensure that
is best meets the needs of Lhe City and the communi ..
ty. particularly in light of any new ideas or infoi-mation discovered during the proposal process. Our proposed
approach provides multiple avenues for involvement to
ensure Lhal the community and stakeholders have ad -
equate opportunities to participate in the process Fol
lowing our meeting we will prepare a Public Participation Plan to use as a guide throughout the project.

The Public Participation Plan will include elements necessary for the consultant team and City staff to create pathways for active public engagement. It will incor·
porate goals for participation from all segments of the community. stakeholder analysis. a communications
plans. programs and activities roles and responsibilities. and a calendar.
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Laguna Beach· Comprehensive Zoning Code Update
As part of this task we will prepare a project logo and colot· scheme We wi ll work with the City to ensure that the project b1·and is distinct. while representative of the City's overall style and tone The results of the branding exercise will be documented in a branding design sheet
Deliverables: Public Participation Plan, project
logo, document template, and branding design
sheet.

Task 2.4: Community Workshops and PopUps
Our team will host up to ore pop-up event and five
community workshops The pop-up event will be timed
to occur concurrent with an ongoing community event.
in an effort to maximize pa1·ticipation Material ptepareo fot the pop-up event will also be transferable to City
staff should staff decide to host additional events beyond the one included in this work program While the Task 2.2: Project Webpage Content exact timing and content fo, the workshops wi ll be de De Novo will develop co.-.tent for inclusion on the City's termined in coordination with City staff we expect that website (unde: a dedicated project page) The City-man the first work5h,Jp will be held toward~, the beginning (Jf aged webpage will serve as a central location fo1 p1oj- the work program ect upd<1tes and information links to surveys as well as Deliverables: Facilitation of one pop-up event an avonue to adve1·tise upcoming wmkshops and open and five community workshops, outreach houses materials, and summary of outreach
Deliverables: Project webpage content
Task 2.3: Educational Materials
In coordination with City staff ou: team will identify
educational materials and digital engagement tools to
share information al)out the Zoning Code Update and
how com munity members can pa1tici pate We will work
with City staff to share all educational and engagement materials. along with project updates. via the Cit y'5 wE:b site existing commurncalion ancJ stakeholder networks
ano social media outlets The tearn will dc~velop a flir,r for each workshop open house. email blasts. website
content ancJ a social media plan with sample social me· dia blurbs for the project Our team w•II wmk w ,th City staff to develop shorthand project updates and educa
tional content in the form of NextDoor posts. Facebook
posts. and website updates.

Deliverables: Regular content development
and delivery throughout the project
De Novo Planning Group
Task 2.5: Planning Staff Round Table
De Novo will faci litate an in person 1ound table discus· s1on w ith all of the City's Planning staff to hear from them the1t experience with using the City's Zoning Code. ancJ to get an understand ing of their ideas and concerns for the comprehensive update to the Zoning Code. inc lud
ing suggestions for project submittal.

Deliverables: Facilitation of round table,
agenda and summary of discussion
Task 2.6: Stakeholder Interviews
De Novo will meet with key stakeholders early in the
process to heat from them. gaining an under5tanding
of their interests. concerns and ideas . Interviews w ith incl1viduals or small group meetings allow stakeholders to speak candidly about the projec t The interviews 1n· volve up to tour (L,.) half-hour to one-hour confidential meetings (held via video/teleconference) over two days
De Novo will collaborate with City staff to identify stakeholders. Potential stakeholders wi ll incl ude membe1·s of the local development and business community
including developers architects. landscape architects
planners Realtors the Chamber of Commerce and organizations representing different interests in the City 50 ,, Deliverables: Facilitation of four stakeholder
interviews, summary of interviews
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Task 2.7: Study Sessions and Hearings
Throughout the process it will be necessary to provide
information and receive feedback from the Design Re·
view Board. Planning Commission. and City Council on
a number of topics. We recommend hosting study sessions with each body during their regularly scheduled meetings to discuss these topics or if preferred can
conduct joint sessions for City Council and Planning
Commission. we well as City Council and Design Review
Board
Ir addition to the study sessions and public hearings un· cler th is task. De Novo will be available for check-ins with the City Council as nr~eded.
» Deliverables: Facilitation of six (6) study
sessions and public hearings with City Council,
Planning Commission and/or Design Review
Board
Task 2.8: Public Participation Summary
The public participation process will result in a comprehensive Public Participation Summary that will sum mar·ize the community engagement program. input
received. and outreach outcomes It will also identify the community's goals and concerns for the project. as well as sp<='cific issue areas that n,ust be addressed in the Zon ing Code Upciate
Deliverables: Public Participation Summary
Memorandum
PHASE 3 - ASSESSMENT
Task 3.1: Zoning Code Issues Summary
De Novo will prepare a Zoning Code Issues Summary
Report to serve as a broad roadmap to guide the Zoning
Code Update ft.s part of this wor-k. we will review thE:e following documents plans. procedures. and p rograms.

Deliverables: Zoning Code Issues Summary
De Novo Planning Group
Attachment 2
Laguna Beach: Comprehensive Zoning Code Update
Title 25 of the Laguna Beach Municipal Code (Zoning
Code) Assessment
The existing Zoning Code will be reviewed to identi·
fy which chapters should be retained . eliminated o r
revised. This r·eview will also identify opportunities to streamline presE:entation of information such as consolidating allowed uses by district into a single table for each class of disti-icts, consolidating development standards and regulations into tables, arid summarizing permit and approval requiren,ents for each type of permit In addition to the existing Zoning Code. De Novo will re view the analysis of Zoning Code chapters completed by
Planning staff. as well as 1·ecently approved docun,ents. the 2021 2029 Housing Element. and draft plans
De Novo will prepare a summaI y report of issues and
concerns that should be addressed This includes reviewing:

Opportunities to streamline the Zoning Code
Consistency with all applicable laws and
regulations.
;, Modern and emerging issues that _arE:e not
address.
~1emoval of inconsistEnc1es and conflicts.
,, Suggestions for improvE:ements to approval
procedures.
» Potential gaps in guidance. and
Otlwr concerns ich:ntified from Phase 2 and 3 of
the project
Development Review Process
De Novo will review the City"s submittal requirements. a samplE:e of complex staff re pot ts. existing findings. in order to become familiar with the implementation of the Zoning Code and review and approval process The ex -
isting Zoning Code. with an emphasis on Chapter 25.05
Administration. w ill be reviewed to identify potential fm revisions that will result in intuitive and streamlined development review processes. including potentially allowing more types of pmjects to be exempt from design review rather than require administrative design review. and allowing more projects to be subject to administrative design review rather than discretionary rev,ew by the Design Review Board. This will include a review of
the existing findings in the Code for the various permit processes.
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General Plan and Local Coastal Program Consistency
De Novo will review and evaluate the General Plan to
ensure that the Zoning Code update is consistent with
all elements of the General Plan. including the recently adopted 2027-2029 Housing Element Additionally the
ream will review rhe certified Implementation Plan of
the Local Coasta l Program (LCP) for con istency with the Zoni'lg Code update and to make recommendations
on potential strategies for simplifying and streamlining the LCD De Novo will include the summary of any in
consistencies and recommended amendment5 in the
Zon ing Code Issues Summary
Zoning Code Best Practices
The ex isting Zoning Code Update will be reviewed and
areas w II bE identified that c::an rx, improved with mc,r~" effec tive procedures. It is anticipated that these will in - cluoe the use of graphics for clarity purposes. Additionally. the team will evaluate best practices from a sampling of other jurisdictions to identify Zoning Code best p1ac t;ces. De N0V(J will ir·,c::lude th1c sun-imary of the find - ings 1n the Zoning Code Issue$ Summary
Specific Plan and Guidelines
De Novo will review and evaluate the Zoning Code
specifically for refer(,nces to Specific Plans and Gwde lines and make recommendations if any changes are
required as part of the comprehensive update to the
Zoning Code. De Novo will include the summary of the
'indings in the Zoning Code Issues Sun°mary
De Novo Planning Group
Attachment 2
Laguna Beach: Comprehensive Zoning Code Update
Parking Standards
Kittelson will conduce an evaluati n of the City·s existing parking standards and make recommendations that follow industry best practices. De Novo will include the summary of the findings in the Zoning Code Issues
Summary (Task 3 l )
State Laws, Court Cases and Relevant Legislation
The existing Zoning Code will be revieweo to identify ar eas that are no longer in conformance with State lcgis
lation. rec<::nt court vases. and/or 1elevar0 t litigation with the goal of ensur-irg that all sections of the code that re quire updating due to these concerns are brought current. De Novo will include the summary of recent State laws related to zoning and relevant litigation and identifying a1~p1opr'&te modifications to the Zoning Code to ensure consistency with State law court dec isions. and othe1 relevant legal considerations in the Zoning Code
Issues Summary (Task 3 l)
Task 3.2: Zoning Code Update Outline
Based on input received 1n Phases 2 and 3 De Novo
will prepare a draft annotated working oulline that ad-- dresses the proposed organization of the Code and how
State requirements and City pr·iorities will be addressed in the update. We anticipate a virtual meeting to review the working outline and to discuss any desired changes and (Jit",,ction for the preparation of the draft Zoning CcJde chapters and sections De Novo will preparf: a final working outline that will serve as a broad roadmap to
guide the Comprehensive Zoning Code Update effort
52 Deliverables: Draft and Final Zoning Code
Update Outline
,/
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PHASE 4: DRAFT ZONING CODE UPDATE
The De Novo team will prepare a comprehen sive update to the City·s Zoning Code based on input from City staff: updates required by the California Govern·
ment Code. Cal1forrn a Build!i,g Code. State and federal laws. and case law Housing Program5 in the 2021-2029
Housing Element: input from the City Council. Planning
Commission and Design Review Board, and public and
stakeholder input The r·esulting product will be a Zoning Code that implements the General Plan. reflE:cts local issue5. is well-organized and provides clear ane1 understandable gu,dance to City residents staff. ancl
e.:lectF,d and appointed officials
Task 4.1: Administrative Draft Zoning Code
De Novo will prepare a con1prehensive Administrative
:)raft Zoning Cod,;, Update that reflects the input and direction provided in Phases 1 through 3 as well as best practices and legal requirement is internally consis
tent and user friendly and illustrates key requ1rr~ments.

Based on our experience preparing and working with
Zoning Co(Jes. we have presented a general outline
below for your consideration. De Novo wi ll support any preferences the City has in terms of consolidating sec - tions. or developing and providing information in sep·
ar·ate chapters. the information provided here is for reference only. anc.J we expect the final organization and content to reflE:c: the information we hear from staff
and the community.

Introduction
The introduction to the Zoning Code will address the
purpose. applicability, and interpretation of the ord 1- nance
Administrative Provisions
Administrat ive p rocedures. develo;)mE:nt appl ication fil· ing and processing procedures. and an overview of zoning district established by the Code Tables will be used to summari ze decision-making and appeal authorities
for zoning decisions. public notice and hearing require· ments and similarly complex topics. De Novo will review the requirements for each permit and approval type to
ensure that public notice and hearings are consistent
with the requirements of State law. We will review the
Zoning Code for opportunities for new types of approv-- als/perm it s or signi ficant revisions to existing processes De Novo Planni ng Grou p
Attachment 2
Laguna Beach: Comprehensive Zoning Code Update
Definitions
Definitions will be provid ed fo1 all special ized terms in the Zoning Code. Definitions wil l be updat<':d to correspond to the updated listings of uses prepared for each zoning d istrict. The definitions will be reviewed to en· sure that they arE appropriate Where appropriate. definitions will refer to State law and regulations.

Zoning Districts, Allowable Uses, and Development
Standards Provisions
The De Novo team wi ll prepare the chapters of the Zoning Code containing regulations applicable in spec.ific. zones ancJ overlay zones prepared for the Zoning Code
At a m inimum. these provisions will address the following 53 /:>, land use classifica c on <:,ystE•rn that clearly idE:ntifles the usE:s that rnay be allowed in each
zoning distric.t. The classifications system w ill
utilize current planning terminology. and an
appropriate combination of spE:cific and generic
land use types. rather than a lengthy list of
allowed uses that can quickly become obsolete.
,, .<\llowable uses by zoning district (table will
include an appropriate combination of specific.
and gener·ic use types rather than a lengthy I isl
of uses that can quickly become obsolete) and
type of arproval required for each use presented
in a table. Uses (currently allowed uses as well as
proposed new uses) will be reviewed in Phases
2 and 3 to identify where it is appropriate to shift
the approva l to an administrative review.
;, Development standards and regulations for
each distric t will be presented in table format
that summarizes standards for each class of
uses (i.e .. residential commercial. etc) to simolify
the comparison of standards and regulations
between districts. Development standards will
be reviewed to ensure that factors such as height
limitations. setback requirements, site coverage
requirements. etc. are appropriate for each
district and modern practices
The zones. t he land uses allowed within them,
and the type of ministerial or discretionary land
use approval s required fo r each use.
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Attachment 2
Laguna Beach· Comprehensive Zoning Code Update
General Development and Site Planning Provisions Task 4.4: Public Review Draft Zoning Code Regulations that apply to multiple zones At a mini- Following the completion of Task 4.1. the team will premum. these provisions will address the following· pare a 5creencheck draft Zoning Code that addresses ,, Landscap ing standards;
Parking and loading standards;
Lighting standards.

Density boi'us provisions: and
Sign regulations
Special Provisions
Special use provIsIons will be 1d<-:'nt1f1ed ;md s:andards will be developed These will include special uses ad·
d1·essed by the County5 cun-ent Zoning Code a5 well a5
any additional uses identified duIing the Gene1al Plan
and Zoning Update process
Deliverables: Administrative Draft Zoning Code
Task 4.2: Administrative Draft General Plan
Amendment
In conjunction with the Comprehensive Zoning Code
Update. De Novo wil l complete a General Plan Amend
menl to create consistency with the update Zoning
Code The team wi ll prepme a focused amendment to
the General Plan in administrative oraft format. to be
used for internal staff review
Deliverables: Administrative Draft General Plan
Amendment
Task 4.3: Administrative Draft Local Coastal
Program Amendment
In conjunction with the Comprehe'ls•ve Zoning Code
Update. De Novo will complete a Local Coastal Plan
Amendment to create consistency with the update
Zo111ng Code The team will prepare a focused amendment to the Local Coastal Program ,n acJm,nistrat've draft format. to be us8d for internal staff review.

Deliverables: Administrative Draft Local
Coastal Program Amendment
De Novo Planning Group
the comments received from City staff Following City
staff approval of the screencheck draft. the team will
prepare a draft Zoning Code for public review The Public Review Draft Zoning Code wll be provided to the City for distribution to the public and appropriate agencies and posing on the City·s and projects website De Novo
will be available to present the Draft Zoning Code in a public workshop and/or Planning Commission and City
Council meetings to provide the decision make,s ano
community with information regarding the intent and
structure of lhe draft documents and to rl'3ceIve comments on the draft documents Deliverables: Screencheck and public review
draft Zoning Code
Task 4.5: Public Review Draft General Plan
Amendment
Following the completion of Task 4.2 the team will prepare a screencheck draft General Plan Amendment that addresses the comments received from City staff Fol·
lowing City staff approval of the scrcrmcheck draft. the team will prepare a di aft General Plan Amendment for
publ ic review
Deliverables: Screencheck and public review
draft General Plan Amendment
Task 4.6: Public Review Draft Local Coastal
Program Amendment
Following the completion of Task 4.3. the team will pre pare a screencheck draft Local Coastal Program Amend
ment that addresses the comments received from City
staff Followmg City staff approval of the screenchecl<
draft the team will prepare a draft Local Coastal Pro
gram Amendment for public review
54 Deliverables: Screencheck and public review
draft Local Coastal Program Amendment
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PHASE 5: OBJECTIVE DEVELOPMENT

STANDARDS
Task 5.1: ODS Kickoff and Context
Evaluation
JKA will lead development of the Objective Development Standards. t,._s part of this work. the team will host a kickoff meeting specific. to objective developm&nt
standards. which should inc lude representatives from
Community Developmenl and the Cty Attorneys Office
Jl<A will also conduct a thorough evaluation of existing conditions and best pr·actices lo establish a foundation for the creation of objective design standards unique to Laguna Beach. This will include a review of existing documents. review of recent projects. fie ld observations a review of other objective design standards 13 case studies) and preparat ion of an existing character analysis and recommendation report and presentation
Deliverables: Kickoff meeting; Existing
Character Analysis and Recommendations
Report and Presentation
Task 5.2: Objective Design Standards
JKA will prepare a set of administralive draft Objective Design Standards for multifamily and mixed-use projects This will include design. mass and scale. The ad - minist1 ative d1 aft will be presentc~cl to Staff for review and comment We assume we will receive one set of
consolidated comments. Based on comments on the
administralive draft. the team will prepar<= a Public Review Dr aft for public comment Comments on the Pub lie Review Draft will be summarized and presented to
the Planning Commission and City Council for considerat ion. ,, Deliverables: Administrative Draft and Public
Review Draft Objective Design Standards for
multifamily and mixed-use projects
De Novo Planning Group
Attachment 2
Laguna Beach: Comprehensive Zoning Code Update
PHASE 6: PUBLIC HEARINGS & ADOPTION
Task 6.1: Public Hearings
At the conclusion of the project. it will be necessary to present the updated Zoning Code Update. General Plan
Alllendments. Local Coastal Program Amendments.

Objective Design Standards. to the Design Review Board.

Planning Commission and City Council for their respect ive review and approval during a public hearing We expect to hold up to three public hearings between the D<=sign Review Board. Planr0 ing Commission and City
Cou:icii. De Novo will prepare the staff repo1 t for public hearings A member of the De Novo tean, will attend
the hearings and be~ prepared to field qui,stions on the project.
,, Deliverables: Facilitation of three (3) public
hearings with City Council, Planning
Commission and/or Design Review Board.

Task 6.2: Final Zoning Code
Following the City Council's final h<::anng on thE: r->rOJect.

De Novo will prepare the final Zun1ng Code that reflects the direction of the City Council The Anal docuin<=nt is lo be provided to the City in both a PDF and Microsoft
Word format.

Deliverables: Final Zoning Code in PDF and
Microsoft Word
Task 6 3: Final General Plan Amendment
Following the City Council's final hearing on the proJ - ect. De Nov0 wil l prepa1e the final Gr;-nPral Plan Arr1end - ment that n,·fler:ts the direction of the City Co,.mcil ThEAnal ooc.urnent 1:, to b& provided to the Cty in both a PDF and Microsoft Word forlllat
55 Deliverables: Final General Plan Amendment in
PDF and Microsoft Word
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Task 6.4: Final Local Coastal Program
Amendment
"'ollowing the City Council's final hearing on the project. :::>8 Novo will prepare the fina l Local Coastal Program /.i..mendment that reflects the direction of the Crty Coun cil. The final documerrc is to be provided to the Crty in both a PDF and Microsoft Word format.
,. Deliverables: Final Zoning Code in PDF and
Microsoft Word
Task 6.5: Final Objective Design Standards
:=ollowing the City Council·s final hearing on the project. ]KA will prepare the final Obje<;tive Design Standards
:hat refects thEo- dirEo-ction of the City Council. The final aocument is to be provided to the City in both a PDF
anc.l Microsoft Word format.

The E:ffort to finalize the Objective Desrgn Standards also inc ludes staff training (one seminar) and three design re· view assists. This effort will help to ensure that Staff is ful· ly prepared to consistently apply the objective standards going forward
Deliverables: Final ODS in PDF and Microsoft
Word; one training seminar; three design
assists
Task 6.6: Implementation
De Novo will prepare list of implementation measures
that· require follow-up for the project The implementation list will identify how each implementation item will be implemented including the City department respon ·
sible for implementation. as well as the timing of imple· men tat ion. The De Novo team will work closely with City staff to prepare this list Additionally. De Novo will devel op tI ain ing materials to assist staff in educating both cur· rent and new employees on understanding the updates
to the Zoning Code The matf=rials will be a tool for City staff ano decision-makers on how to navigate the new
Zoning Code·s organization. processes. and standards
Deliverables: Implementation list and training
materials.

PHASE 7: ENVIRONMENTAL REVIEW
Based on our understanding of t he project that is an update to existing regulato1·y documents to comply with new laws and reinforce existing policy direction. and
De Novo Planning Group
Attachment 2
Laguna Beach. Comprehensive Zoning Code Update
not anticipated to result in any direct or indirect physical changes to the environment. we anticipate the project will be covered by the common sense exemption pursuant to CEQA Guidelines Section 1506l(b)(3). which
states that CEQA applies only to projects which have the potential for causing a significant effect on the environment De Novo will prepare the Notice of Exemption to support the approval. Pursuant to CEQA Guidelines Section 15062 the Notice of Exemption will include a brief pr(;ject description. findirg that the project is exempl from CEQA. and a brief statement of reasons to support
the finding. If during the work prograrn it· is oetern,inecJ the CEQA Exemption may not be appropriate. further
discussions with the City will occur to determine the ap· propriate approach to the environmental review to pro·
vicJe a legally defensible CEQA document
Task 7.1: Notice of Exemption
De Novo wi ll prepare and file a Notice o' Exernptror, for the project with the County Clerk and State Clearing·
house
,, Deliverables: Draft and final Notice of
Exemption
OPTIONAL Task 7.2: Initial Study/ND or MND
Based on direction provided by the City. De Novo Plan·
ning Group could prepare an Initial Study and Negative
Declaration or Mitigated Negative Declaration in place
of the proposed Notice of Exemption (detailed in Task
71) Based on existing project details. no technical stud· ies are anticipated as part of this task
Deliverables: Draft and final Initial Study and
Negative Declaration or Mitigated Negative
Declaration
OPTIONAL Task 7.3: Addendum
Based on direction provided by the City De Novo Plan11ing Group could prepar·e an Addnedum to the Current General Plan Final EIR in place of the proposed Notice of Exemp tion (deta iled in Task 71) Based on existing project details. no technical studies are anticipated as part of this task
Deliverables: Draft and final Addendum
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Attachment 2
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Attachment 2
Laguna Beach: Comprehensive Zoning Code Update

5. REFERENCES/PROJECT HISTORY
Please contact our I eforences to he:ir first-hand our cornmItment to c.,ur clients and thei• bud:;iet£ and schedules. For each project we pu1·su,'.. we carefully evaluate our staffing resources and availability to ensurE: that our tearn can be fully dedicated to the work effort We completEd this level of review ane: analysis for these projects and are confident chat our existing staff have sufficient time to dedicate to the City of Lomita. Project profiles for the referenc.Es listed below and other relevant projects are provided on the fol lowing pages De Novo Planning Group
..,.,,, _______ .. _..,_,__
--.. ---·- ----
__.....,,_
----·- ___ .,. __ .. ,...._ --~-·-" ... _
City of San Jacinto
General Plan Update. Housing Element Development Code EIR Travis Randal. Assistant City Manager
951 654 7337 x 400 I trandel@san1acintoca gov
595 S San Jacinto Ave. San Jacinto. CA 92583
City of Westminster
General Plan Update and EIR Housing Elem ent. Rezoning Program Alice Tieu . Associate Pl anner
714-548-3485 I atieu@westm inster-ca.gov
8200 Westminster Bl vd .. Westminster CA 92683
City of Fontana
Downtown Development Guidebook
Patty Nevins. Director of Planning
909-350-7625 I [email protected]
8353 Sierra Avenue. Fontana CA 92335
58 1 9
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Attachment 2
Laguna Beach: Comprehensive Zoning Code Update
'

OUR COMMITMENT TO IMPLEMENTATION
\/\/hen preparing development code updates. our entire team carefully considers how the project can be implemented by the local agency post·adoption. OUJ team brings to the table experience working as City staff which gives us special insight into how development codes are implemented on a day-to·day basis. Additionally. our team has prepared g~neral plans. specific plans. and environmental documents for private projects allowing us to see •irst-hand how the dew,lupment industry interprets and responds to zoning direction To highlight the succe,s of our approach th1ee projects and an example of their implementation a1·e provided below.

S.\'.'i J,\<:l'.'iTO DE\'EI.OPME\T ( 'ODE l 'PU.\TE
Project Considerations
Stakeholder en9agement
Community support
ldent1f1cat1on of development
o ppo rtu nit ies
,, Analys1s of market trends
Role of technology in plarning
Target areas for focused City
attention and funding
,, Future project streamlining
Project Considerations
Mobile home owner concerns
New mixed-use designations
,. Density and in tensity
Placemaking/identity
Trili ngual outreach
" Unincorporated county islands
Traffic: mitigation mE,asu res
Implementation plan
Implementation
Followin9 the City's Com pre·
hensive Zoning Code Update
the City has leveraged permit
streamlining programs to at
tract signifcant new commE-r·
cial investment. including new
shopping and di111ng options
and jobs centers
\\'ES'l':\11\STEH ZO\I\(, < om: l 'l'l),\TE
Implementation
Approved in June 2078. the
Bolsa Row project will bring a
dynamic. mixed use complex
Lo Little Saigon implementing
the City's new MU Little Saigon
General Plan lano use designa·
tion. The project includes: 200
apartments a hotel a ban·
quet facility and about 45 000
square feet of retail
FO\T.\\.\ UO\\'\TOW\ l>E\ l·:l.(>l'\IE\T Gl IUEBOOh:

Project Considerations
Support for increased density
,, Placemaking
Streetscape improvements
Preservation of sales tax dollars
Multimodal transportation
, Streamlined project approval
Ana lysis of best practices
Implementation
The Fontana Development
Guidebook has spurred the City
to re·imagine Sierra Avenue. the
main thoroughrare of Downtown
Fontana The City has initiated
plans to remove two travel lanes
and improve the pede5trian
experience: eventually Sierra Avenue will be ful ly closed to create a vibran t pedestrian zone
De Novo Planning Group 59 2 0
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Attachment 2
Laguna Beach. Comprehensive Zoning Code Update

SAN JACINTO GENERAL PLAN UPDATE, ZONING CODE UPDATE, AND EIR City of San Jacinto
De Novo Planning Group lead a gmup of consultants to work with the City of San Jacinto to prepare a compre· hensive update to the City's General Plan. Zoning Code. and the corresponding EIR as well as a Cultural Landscape Study integrating innovative engagement techniques and creative communication methods are key to this important project in San Jacinto Like the 1·est of the Inland Empi1 e. the City of San Jacinto is expe1 ienc1ng changes Lo who lives. works. and visits the commun ity Its r·esidents are more diverse than ever: its population is getting older. but relatively afforcJable h0n1e pricE:s and nr:,w develop1nent 1n the DowntCJwn (spurred by the torthcon-,1nq Downtown Specific Plan) will attract new residents to this charming community People who call San Jae nto home celebrate the City's history and culture and are proud of its special place in the Inland Empire Building off the excitement of Envision San Jacinto's Go Human event. the City's General Plan Update and Zoni'lg Code Update cont nued to engage a wide range of community members and key stakeholders through traditional in-person ancl online outreach 5trategies As part of our elevated work program De Novo prepared a brief 3-minute video celebrating the history of San Jacinto and describing how the City is preparing fo1 its future by updating its Genf:1 al Plan. The team is also rneeting with key stakeholders in a sE'11'ies of focus groups to discuss impOl'tant issues 111 San Jacinto. including housing opportunities economic development. cultural and historic resources and farmworker issues !<.earns & West prepared and released a bilingual direct mailer to every acld1·ess 1n San Jacinto. this represented the filst time the method was useo in San Jacinto. and 1esultecJ in the highest levels of en9agE>rnent the City had ev1::r experienced.

Based on information gathered from the community the team was able to assemble a new land use plan. zoning map. designations. and zoning districts that expands the range of housing and business development opportunities thmughout the City This involved a process of direct prope1'ty owner engagement as well as review by the Planning Commission and Crty Council De Novo implemented the General Plan through an update to the Zoning Code includ· ing Housing Element Implementation
Date Range: 2018-Ongoing
Key Considerations
,, Economic development
r, Climate planning
• Downtown revitalization
" Multilingual engagement
» Use of technology
~ Implementation actions
)) Financing strategy
De Novo Planning Group
WHAT \NE HEARD
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• ""'°""""' • H•wt0Mt
• Oirac.tWalN,
bo'-'•r ..
l 130
p60
t>~cd. wltt,
~
f 15,000+
...........
2 1
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Attachment 2
Laguna Beach. Comprehensive Zoning Code Update

GENERAL PLAN, EIR, ZONING CODE UPDATE, HOUSING ELEMENT, AND CEQA City of Westminster
The City of Westminster comprehensively updated its General Plan in 20i6 As part of the General Plan Update the City established new mixed use land use designations to guide futu1e development th1oughout the City De Novo Planning Group is in the process of assisting the City with a comprehensive update to its Zon ng Code. including text i:ond map amendments necessary to :reatc consisten-:y with the General Plan. /l.s part c,f the fi1st phase of work (Phase A). which was completed in late 2022 De Novo Planning Group prepared new development standards form ixed use development including 91 aphic renderings of objective desig 1, standards. This effort was also customized to implement the program requirements associated with the City's 2021-2029 Housing Element A robust GIS analysis of the City s General Plan Land Use Map and current Zoning Map was also prepared and the Zoning Map was amenoed to impleme,,t the General Plans la rid use di1ection Phase B of the proJect will include a comprehensive update to all sc~ctions of the Zoning Code beyond those necessary to create consistency with the General Plan Included in this effort will be an update to the administrative procedures multifamily design standards. allowable uses. and development standards for all residential and commerctal zones
Date Range: 2019-2023
Key Considerations
» Public edl!lcation
» Trilingual engagement
» Compliance with State
Housing Law
;> Streamlined futu re
development
» Stakeholder involvement
De Novo Planning Group
Whatever language you speak, we're glad you
call Westminster hom .
"""'1i w .. nt VUJf i )P",l Of' t OU.) r1~ Ill v.,.e~ 1-n.r:"~' J -q I ...,i. ~ ( r ..._4'"14 V. ,, t Of
n ·.c• o. ,,.., ,u: I " u. ;a·
Qveremos su opinl6n sobre las vivlendM
en Westminster.

TMfe! d~ ermen10 de VM~dl e-n hnn: Ju.,,,..,. J d.cl1ci«nbr• I 5·30 pm Chung t6 1 mu6n quy VI oong gop y
ltilln ♦ nhi o, tai W..1 tmi1'111t0t.

C1udad de Westminster 2021-2029
Actualizaci6n del Elemento de Vivlenda
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Attachment 2
Lagun a Be ach: Comprehensive Zoning Code Update

DOWNTOWN DEVELOPMENT GUIDEBOOK
City of Fontana
De Novo Planning Group led the Fontana Downtown Core Project which included changes to the development code and the creation of a Development Guide. The final work product is the Downtown Fontana Developn-,enr Guide ("Guide··). designed to be a user friendly handbook to help guide development in the Downtown Core. De ~~ovo worked with our subconsultants to identify current market conditions and needed incentives necessary to encourage the type of development the City wishes to see.

The City identifa,d th"" Downtown Core as an area whE,re s:.rategically concentrated efforts could provide increased residential development opportunities and offer more support for mixed-uses within a focused area of the Down town. Development within the Downtown Core is implemented through a new General Plan land use categmy and six new Form· Based Code (f'BC) districts
The, goal of Lhis Guide is to encourage and incentivize continued economic investment in the downtown through a clear process and sGt of standards that allows for cieveloprrent to resp(Jnd to market conditions and reflect c ,anging consumption patterns and preforences for 1·etail. housing. and other life-style choices. This Guide provides mar ket-cJriven opportunities for futu rrc,· investment and practrcal impkcmentation st1ategies for the continued success ancJ health of the Downtown Core. including
Support for housing including mu lti fami ly housing and higher residential densities in select areas:

Updated fo1m baS('d standards and guidelines to support the areas continued revitalizat ion:
» lmp1 oved ;;idministl ative process to facil itate by-right project: ;;ipproval for specific project types.

Development impact fee incentives. and
Top-tier environmental clearance that provide opportunities for subsequent projects to tier off of the environmental document by focusing add itional analysis on any proj>?ct-specific impacts Date Range: 2020-2023
Key Considerations
), Su p po rt f0 r increased
eensity
" Placemakil'lg
)) St reetscape improvements
>) Preser.vation of sales tax
d ollars
)j Multimod'al transp0 rtation
» Streaml ined project af:)J:)roval
,, Analysis of best prac tices
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Attachment 2
Laguna Beach. Comprehensive Zoning Code Update

OBJECTIVE DESIGN STANDARDS (JKA EXAMPLE)
City of Palm Desert
The City of Palm Desert has traditionally relied on a combination of design guidelines and discretionary design review to shape buildings project by project. including single-fam ily. multifamily and mixed-use r:,rojects. However. with new State legislatiori this type of review has been replaced by requirements that allow cities to only enforce objective oesigr. standards (ODS) for residential projects JKA was ,·etained by Palm Desert to develop new ODS and challenged by tne City to develop dE;sign standa1ds that reflect the C1ty·s desert setting and character. The 1·esult1ng ODS. both vmtten and illustrated. were first and foremost written to generate alignrnent of new projects with i='alrn Deser: s cm1que tc,pogr aphy. The new ODS emohasize the use ot desert Fiora ·andscape buffers and open space betweer commercial and residential projects the production of shade by both landscape and built-form components and the required use of a more limited material and color- palette inspired by the natural setting. The final work product also includes a d,:,sign sta ndards checklist which outlines all design requirements and options The checklist enhances the consistency and efficiency of staff design ,eview. allowing for faster r;roject approvals.

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°' .j::,.
~aguna Beach· Con,prehensive Zoning Code Update

6. PROPOSED COST FILE Senior Planner/ Assistant Planner/ De Novo Subtotals Design Parking Direct Cost, ACTIVITY Principal Principal Planne r Project Manager Associate Planner GIS Printing/ TOTALS TOTALS JKA KAI Mailing/ TASK/ ACTIVITY Hours $185 Hours $150 Hours $125 Hours $115 Hou rs $95 Hours Fee Translation Fee Phas_e.,1.:-P,roject In itiation - J .l Kickoff Meeting • $700 () $0 0 $500 0 $0 4 5380 12 $1,620 $1,620

1.2 Timclincs and Milestones 12 $2,220 4 $600 24 $3,000 0 $0 0 $0 40 $5.820 $5,820 J.3 Project Management 12 $2,220 4 $600 24 53,000 0 $0 0 so 40 $5,820 $]3,728 $19,548 TASK 1 SUBTOTAL 28 $5,180 8 $1,200 52 $6,500 0 $0 4 $380 92 $13,260 $13,728 $0 $0 $26,988 Phase 2: Public Participation

2.1 Public Participil tion Plan 2 $370 0 so 4 $500 12 $1,380 8 $760 26 $3,010 $3,010

2.2 Project Webpi'.'lge Content 4 $740 0 $0 12 $1,500 40 $4,600 40 $3,800 96 $10,640 $10,640

2.3 Educutior1al M atcrinls 0 $0 0 so 12 Sl,500 12 $1,380 40 $3,800 64 $6,680 $6,680

2.4 Community Workshops (5) and Pop-Ups (1 l 25 $4,625 4 $600 25 $3.125 60 $6,900 40 $3,800 Vi4 $19,050 $2,SS0 $3,500 $25,130

2.5 Plilnning SlaH Round T.ible 4 $740 0 $0 8 $1,000 4 $460 8 $760 24 $2,960 $2,960

2.6 Stakeholder lnterviP.w~ 2 S370 0 so 8 $1,000 4 $460 4 $380 18 52,210 $2,210

2.7 Study Sessions ilncl Hearings 24 $4,440 • $600 7. 4 $3,000 12 $1,380 0 $0 64 $9,420 $3,800 $13,220

2.8 Public Participa tion Summary 2 5370 0 so 8 $1,000 12 Sl ,380 60 $5,700 82 $8,0S0 $8,450 TASK 2 SUBTOTAL 63 $11,655 8 $1,200 101 $12,625 156 $17,940 200 $19,000 528 $62,420 $6,380 $0 $3,500 $72,300 l?hasj!J: Assessment ~

3.1 Zoning Code Issues Summary 8 $1,480 4 $600 24 S3,000 60 $6,900 44 $4,180 140 $16,160 $5,000 $21,160

3.2 Zoning Code Update OutlinP. 4 $700 01 so 12 St.SOD 7.4 $7.,760 0 $0 40 SS,000 $5,000 TASK 3 SUBTOTAL 12 $2,220 4 $600 36 $4,500 84 $9,660 44 $4,180 180 $21,160 $0 $5,000 $0 $26,160 Phase 4: Draft Zoning Code Update

4.1 Administrative Drnft Zoning Code 18 $3,330 12 S1,soo 80 $10,000 120 513,800 180 $17,100 4]0 $46,030 $06,030 d.7. Administr,:1tive Draft GP Amendment 2 $370 4 $600 12 Sl,500 30 S3,450 0 so 48 55,97.0 $5,920

4.3 Administrative Drc1h LCP Amendment 7. $370 4 $600 12 $1,500 24 $2,760 0 so 47 $5,730 $5,230

4.4 Public Review Draft Zoning Code 12 $2,220 G $900 26 53,250 40 $4,600 80 $7,600 164 $18,570 $18,570

4.5 Public Review Drilft GP Amendment 2 $3 70 2 $300 6 $6 16 $1,840 0 so 26 $2,516 $2,516

4.6 Public: RPview Draft LCP AmendmP.nt 7 $3 70 7 $300 6 $750 16 $1,840 0 $0 26 $3,260 $3,260 TASK 4 SUBTOTAL 38 $7,030 30 $4,500 142 $ 17,006 246 $28,290 260 $24,700 716 $81,526 $0 $0 $0 $81,526 Phase 5: Objective Qesign Standards

5.1 ODS Kickoff ;_rnd Context Evnlu;:ition 4 $740 0 so 16 $2,000 0 $0 0 $0 20 $2,740 $18.780 $21,520

5.7. Objective De5ign Stand;nds 12 s2,no 0 $0 24 $3,000 0 so 0 So 36 $5.220 $32,480 $37,700 TASK 5 SUBTOTAL 16 $2,960 0 $0 40 $5,000 0 so 0 $0 56 $7,960 $51,260 $0 $0 $59,220 Phase 6:IP.ublic Hi.irlncs andrAdoption

6.1 Public HccJrincs 18 $3,330 6 $900 30 $3,750 JS $1,725 0 $0 69 $9,705 $9,705

6.2 Final Zoning Code 0 So 0 $0 4 $500 12 $1,380 10 5950 26 $2,830 $2,830

6.3 Final GP Amendment 0 So 0 $0 2 $250 6 S690 10 $950 18 Sl ,890 SJ,890

6.4 Final 1.CP Amendment 0 So 0 $0 7 $250 6 $690 10 $950 18 $1,890 $1,890

6.5 Final Objective Design Stc1ndards 7 $370 0 $0 2 $250 0 $0 0 $0 4 $620 SS.560 $9,180

6.6 Implementation 4 $740 2 $300 16 S2,ooo 24 $2,760 12 $],140 58 $6,940 $6,940 TASK 6 SUBTOTAL 24 $4,440 8 $1,200 56 $7,000 63 $7,245 42 $3,990 193 $23,875 $8,560 $0 so $32,435 Phase 7: Environmental Review
7 .1 Notice of Exemption 0 $0 2 $300 0 so 8 $920 0 $0 10 $1,220 $1,220 TASK 7 SUBTOTAL 0 $0 2 $300 0 $0 8 $920 0 $0 10 $1,220 $0 $0 $0 $1,220 Subtotals 181 $ 33,485 60 $ 9,000 427 $ S2,631 557 $ 64,055 550 $ 52,2S0 1,775 $ 211,421 $ 79,928 $ 5,000 $ 3,500 $ 299,849 , .... , • • I ' .. ,, ·v', y -~ ' - • •-: j •
Optio'n;:i.ljPQ;.iscl7: Environmen tal Review - 7.2 Option B • Initial Study/ND or MND 0 $700 24 $3.600 60 57,500 68 $7,820 7.8 $2,660 184 S22,320 $500 $22,820 fi"OTAL FEE WITH OPTIONAL' PHASE 7" OPTION B !INITIAi: STUDY7ND OR MNDT""'"~ • -~- ~ ' ' ~~~~~,~-~~$321;°449 ,TOTAL FEE WITH OPTIONAL PHASE 7 • OPTION C (ADDENDUM) - . ,· - .. . . $317,369 Subconsuhants .iml Direct Costs are billed ut no rni.lrkup. De Novo Plnnnlnc Group reserve!> the right to re.illoca le budget between variou:,, consultine team members and between ta~ks, provided the over;;1 tl project budcet does not chance. 25 ►
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Attachment 2
Laguna Beach. Comprehensive Zoning Code Update

7. EXCEPTIONS
De Novo Planning Group has carefully reviewed the RFP. Scope of Services. and draft Professional Services Ag reement and we have no exceptions. additions. and/or deletions to provide. There is a clear understanding that the Consu ltant wil l execute the City's Agreement without any substantial changes.

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Attachment 2
Laguna Beac h Comprehensive Zoning Cod e Update
8 . OTHER INFORMATION
In accordance w ith the Request for P1·oposals (RFP). we understand that we n,ust disclose any potential conflicts of interest in order to be eligible to be awarded a contract. In response to the information contained within the RFP on