Laguna Beach City Council
November 18, 2025

AGENDA REPORT
Meeting Date
April 8, 2025
Business
17 SUBJECT: DIRECTION REGARDING THE DRAFT REVISED DESIGN REVIEW

EFFICIENCY ORDINANCE AND THE COMPREHENSIVE ZONING CODE
UPDATE
RECOMMENDATION: It is recommended that the City Council:

1. Give further direction as to the ( draft) Revised Design Review Efficiency Ordinance, including directing that the revisions go next to the Laguna Beach Planning Commission; and

2. Give further direction as to possible changes that may be included in the pending Comprehensive Zoning Code Update.

Appropriation: Fund Name: ------------- -------------- Submitted By: ~ C-.... ~ Approved: ___ ~ ______ C-..._ . ~-........... - Dave Kiff, City Manager ~iff, City Manager

SUMMARY OF THE MATTER
The City of Laguna Beach ("City") staff has been evaluating various measures to improve efficiency within the Community Development Department to assist with backlog issues, and to improve the processing of planning applications within the City. As part of this process, the City held a community workshop on October 1, 2024 to gain feedback on potential solutions, including the development of a Design Review Efficiency Ordinance ("Efficiency Ordinance").

Next, the City released to the public a cover letter summarizing the Efficiency Ordinance changes and the Efficiency Ordinance itself, for purposes of gathering specific feedback to incorporate into the ordinance.

Then the City Council, the Planning Commission, and the Design Review Board ("DRB") all met in a joint session on Wednesday, March 12, 2025 (the "Joint Meeting") to discuss a revised version of the Efficiency Ordinance, based on feedback from the public (the "Revised Efficiency Ordinance") (Attachment 1) and various changes that might apply in the pending Comprehensive Zoning Code Update ("CZCU").

This staff report summarizes some of the information heard on March 12, 2025 and makes recommendations for the Council to consider.

SUGGESTIONS FROM THE PLANNING COMMISSION AND DESIGN REVIEW:

I - DESIGN REVIEW FINDINGS AND CRITERIA
There was fairly extensive discussion about consolidating the 16 DR Criteria into eight, nine, or some other number of criteria. Generally, comments were supportive of some consolidation along the lines of that suggested by City Staff, which was as follows:

LBMC Section 25.05.040(1) Design Review Findings. In order to approve a design review permit application, the reviewing authority shall make all of the following findings:

Attachment 4
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(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
108
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
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
11 110
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.
3 Ord.XXXX
12 111
(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
13 112
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
5 14
Ord.XXXX
113
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:
6 Ord. XXXX
15 114
(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
16 115
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
17 116
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
18 117
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
19 118
(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
20 119
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
21 120
(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
22 121
(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
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
(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
124
(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
(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
126
(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
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
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
30 129
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
31 130
(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
(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
33 132
(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
34 133
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
36 135
(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
38 137
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
40 139
(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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41 140
(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
43 142
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
47 146
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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