Agenda packet — Laguna Beach City Council, June 23, 2026 (part 8 of 9)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

LAGUNA BEACH, CALIFORNIA, AMENDING ITS LOCAL

COASTAL PROGRAM AND MUNICIPAL CODE TO
MODIFY TITLE 25 (ZONING), TITLE 21 (SUBDIVISIONS),
AND TITLE 22 (EXCAVATING, GRADING, AND FILLING)

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

EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT UNDER CEQA GUIDELINES SECTION
15301
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, the City is located within the California State Coastal Zone; and WHEREAS, periodically the City identifies sections of its Local Coastal Program and Municipal Code that are outdated, unclear, conflict with other Municipal Code sections, or warrant modifications to improve or enhance the functions and operations of the City; and WHEREAS, 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.

SECTION 2. Code Amendment. Section 25.05.015 (Form of application, fees, and permit compliance.) of Chapter 25.05 (Administration) of Title 25 (Zoning) is hereby amended to read as follows (additions shown in underline and deletion shown in strikethrough):
(A) Prescribed by the Director of Community Development. (1) The Director of Community Development shall prescribe the form and scope of all variances, changes of district boundaries or reclassifications, general plan amendments and all other planning or development applications as identified in Chapter 25.05, and of accompanying data to be furnished so as to assure the fullest practicable presentation of facts for proper consideration of the Attachment 4
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matter and for the permanent record. Forms for such purposes may be provided.
(2) Each planning and development application shall include verification by at least one of the owners of property involved or their authorized agent attesting to the truth and correctness of all facts and maps presented with such application.
(3) Applications filed pursuant to this Title shall be numbered consecutively in the order of their filing and shall become a part of the permanent official records of the Department of Community Development and shall be attached thereto and permanently filed therewith copies of all notices and actions pertaining thereto. (B) Complete Planning and Development Applications.
(1) Except as otherwise prescribed by law, no later than 30 calendar days after receipt of a planning or development application, the Department of Community Development shall determine whether the application is complete or incomplete.
(2) In the event an application is determined to be incomplete, the applicant shall be notified as to additional materials required to continue processing the application.
(3) Within 30 calendar days of receipt of supplemental materials requested for applications previously determined incomplete, the Department of Community Development shall determine whether the application is complete.
(4) A decision determining an application to be incomplete may be appealed to the City Council by the applicant. The fee for such appeal is to be determined by City Council resolution.
(C) Signatures. If signatures of persons other than the applicant are required, or offered in support of or in opposition to the application, they may be received as evidence of notice having been served upon them of the pending application or as evidence of their opinion on the pending issue, but they shall in no case infringe upon or govern in the free exercise of the powers vested in the City of Laguna Beach.
(D) Filing Fee Collection. Before accepting for filing any request or application submitted relative to Title 25 of this Code, the Department of Community Development shall charge and collect a filing fee for each such request or application as determined by resolution of the City Council to cover the cost of making maps, sending out notices, and other incidental administrative expenses involved in the handling of the matter, including written staff 228
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reports. An application cannot be deemed complete without the payment of the require application fee.
(D) Refund of Filing Fees. Refund of all or any portion of the filing fees may be ordered by the Director of Community Development.
(E) Conformance by Officials. All officials or public employees vested with the duty or authority to issue permits or licenses where required by law shall conform to the provisions of this Title.
(F) Application. The provisions of this Title shall apply to all buildings, improvements, lots and premises, or portions thereof, owned, leased, operated or controlled by the City or any Department or officer thereof, or by any other municipal or quasi-municipal corporation or government, or any Department, Board or officer thereof.
(G) Expiration of Application. If an applicant fails to provide any additional information requested by the Department of Community Development within ninety (90) days of the date the application was deemed incomplete, the application shall expire and have no force and effect, unless otherwise required by state law. After the expiration of an application, future City consideration shall require the submittal of a new, complete application and associated filing fees.

SECTION 4. Code Amendment. Subsection (I)(1) of Section 25.05.030 (Conditional Use Permits) of Chapter 25.05 (Administration) of Title 25 (Zoning) is hereby amended to read as follows (additions shown in underline and deletion shown in strikethrough):
(I) Effective Date/Expiration Date.
(1) Decisions on Conditional Use Permit applications by the Planning Commission shall become effective ten business 14 calendar days after the date of the decision, unless appealed to the City Council.

SECTION 5. Code Amendment. Section 25.05.040 (Design Review) of Chapter 25.05 (Administration) of Title 25 (Zoning) is hereby repealed and replaced to read as follows:
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(A) Intent and Purpose.
(1) The design review process is intended to achieve the following goals:
(a) That development projects comply with the applicable standards and design review findings and criteria;
(b) That development projects focus on quality designs, within a neighborhood context that results in creative design solutions for the City;
(c) That development occurs with an orderly and harmonious appearance, including associated facilities, such as signs, landscaping, and parking areas;
(d) That the development review process considers public and private views;
(e) That public health, safety, and general welfare throughout the City is paramount;
(f) That there is effective implementation of the applicable general and specific plan policies; and
(g) That development projects comply with the policies of the certified Local Coastal Program, including, but not limited to, the shoreline access, open space, environmentally sensitive habitat, hillside protection, and visual resource policies. (2) Approval Authority.
(a) The Design Review Board or Planning Commission, as
appropriate, is the approval authority for Design Review projects identified in Section 25.05.040(B)(1).
(b) The Community Development Department is the approval authority for projects that are Exempt from Design Review (Zone Clearance), as specified in Section 25.05.040(B)(2). (c) The Director of Community Development is the approval authority for Administrative Design Review as specified in Section 25.05.040(B)(3).
(d) The Director of Community Development, at his or her sole discretion, is authorized to refer projects that are subject to Administrative Design Review or exempt from Design Review, as specified in Sections 25.05.040(B)(3) and 25.05.040(B)(2), to the Design Review Board or Planning Commission, as
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appropriate. In determining whether to make such a referral, the Director may consider whether the project:
i. Could alter significant physical characteristics within an unusually sensitive or highly visible area;
ii. May create impacts on surrounding properties, based on staff review of the project or issues identified in prior Design Review proceedings; or
iii. Presents other circumstances that, in the Director’s judgment, warrant review by the Design Review Board
or Planning Commission.
(e) Development Subject to Design Review, Exempt from Design Review (Zone Clearance), and Administrative Design Review may still require a Coastal Development Permit pursuant to the provisions of Chapter 25.07.
(B) Development Subject to Design Review, Exempt from Design Review (Zone Clearance), and Administrative Design Review.
(1) Design Review. Design Review before the Design Review Board or Planning Commission, as appropriate, at a public hearing shall be required for the following projects:
(a) Demolition, alteration, or addition that constitutes a major remodel. A landscape plan and an exterior lighting plan is required for such major remodel;
(b) All new buildings, except as otherwise provided in Section

25.05.040(B)(2) relating to ADUs and new primary dwelling units. A landscape plan and an exterior lighting plan is required for new buildings under this subsection;
(c) Any improvement that exceeds a height of 15 feet, measured in accordance with the definition of “Height, building” in Chapter 25.08 (from the finished floor or from natural or finished grade, whichever is more restrictive or lower). A landscape plan and an exterior lighting plan is required for such improvement;
(d) Major modifications, alterations, or other actions pertaining to historic resources that do not qualify for administrative approval under Section 25.05.040(B)(3);
(e) Any development in an environmentally sensitive area, unless a licensed professional has determined, subject to peer 231
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review, that the proposed development does not impact the environmentally sensitive area;
(f) Grading in excess of 20 cubic yards outside the building footprint, except as specified in Section 22.10.010(e); (g) Retaining walls in excess of 5 feet in exposed height; (h) Clearing of native vegetation on undeveloped parcels and undeveloped portions of developed parcels, and native
vegetation restoration plans, except for City required annual weed abatement and fuel modification;
(i) Shoreline and bluff protective devices;
(j) Portable and in-ground swimming pools and spas more than 3 feet above adjacent, legal ground elevation, except for portable spas that do not exceed 600 gallons;
(k) New vehicular access to streets or alleys, including the widening of an existing driveway at the street to a width greater than the minimum required by Section 25.52.008(I)(2); (l) Commercial or industrial parking and loading areas; (m) Permanent chain link or similar type of woven metal fences, and vinyl fences that do not simulate natural material; (n) Trash storage or enclosures, except as provided in Section

25.05.040(B)(2) and Section 25.05.040(B)(3);
(o) Modification of a primary dwelling unit, which was approved in conformance with Chapter 25.13, that conflicts with the objective development and design standards set forth in Chapter 25.13.
(p) Major Capital Improvement Project, which means a project undertaken by the City 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 of design and/or construction documents, based on the project’s
proposed scope in terms of 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:
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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 facilities, removal of significant vegetation (unless part of a fuel modification project or program) 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 beach and park accessways, promenades, bridges, trails, and
the City-owned property, where Festival of Arts and
Pageant of the Masters is hosted.
(2) Exempt from Design Review (Zone Clearance). The following types of projects shall require the issuance of zone clearance in compliance with Chapter 25.05.045, rather than design review. For avoidance of doubt, the zone clearance process shall not be used for any of the below projects that are in an environmentally sensitive area (unless a licensed professional has determined, subject to peer review, that the proposed development does not impact the environmentally sensitive area); such projects are subject to Design Review under (B)(1).
(a) Demolition, alteration, or addition that does not constitute a major remodel;
(b) An improvement that does not exceed a height of 15 feet, measured in accordance with the definition of “Height,
building” in Chapter 25.08 (from the finished floor or from natural or finished grade, whichever is more restrictive or lower);
(c) In-kind replacement of improvements for repair and
maintenance;
(d) Interior modifications to existing structures that do not modify the exterior of such structures;
(e) Re-roofing of buildings or structures which do not result in white or light colored roofs, provided there are no changes to the dimensions, square footage, or roof pitch, and which will 233
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not result in glare through the use of materials, such as asphalt shingles or stainless steel, both at the determination of the Community Development Director;
(f) Annual weed abatement;
(g) Fuel modification project or program;
(h) Accessory dwelling units, only as set forth in Chapter 25.17; (i) Grading of 20 cubic yards or less outside the building footprint, except as specified in Section 22.10.010(e);
(j) Retaining walls 5 feet or less in exposed height;
(k) Hardscape that does not increase impervious surfaces, or that is proposed to comply with applicable fire prevention
standards as determined by the Fire Official, and complies with all other applicable provisions of this chapter;
(l) 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 material, which are subject to design review under (B)(1);
(m) Decks, slabs, terraces, or patios elevated 3 feet or less above the adjacent, legal ground elevation;
(n) Landscaping of any vegetation, plants, bushes, or trees within the buildable area that is less than 15 feet at maintained height when measured from ground elevation adjacent to the location of the vegetation, plant, bush, or tree, provided that the plans identify and require that the landscaping is to be maintained at or below the heights reflected in the plans; (o) Landscaping of any vegetation, plants, bushes, or trees in the rear or side yard at less than 6 feet at maintained height and in the front yard at less than 4 feet at maintained height when measured from the ground elevation adjacent to the location of the vegetation plant, bush, or tree, provided that the plans identify and require that the landscaping is to be maintained at or below the heights reflected in the plans;
(p) Artwork approved through the procedures outlined in Chapter

1.09 ("Art in Public Places");
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(q) Trash storage within the side yard when screened from public view by a wall or fence at least 4 feet in height and does not impact required access for the property;
(r) Railings;
(s) Skylights with operable automatic night shades;
(t) Portable and in-ground swimming pools and spas no more than 3 feet above adjacent, legal ground elevation, and portable spas that do not exceed 600 gallons;
(u) Water features;
(v) Mechanical equipment, including, but not limited to, air conditioners and pool/spa equipment, that meet the
requirements of Section 7.25.130(c);
(w) Above-ground utility structures, which are below 4 feet in height when measured from adjacent, legal ground elevation, when incorporating colors, finishes, and landscaping to minimize visual impact, as determined by the Community
Development Director, provided that the plans identify and require that the landscaping is to be maintained at or below the heights reflected in the plan and not to exceed the height of such above-ground utility structures;
(x) 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, legal ground elevation, and
iii. minimum required setbacks of the underlying zone are met unless it receives administrative design review
approval;
(y) Certain telecommunication facilities subject to the provisions of Chapters 11.06 and 25.55;
(z) New primary dwelling unit, only as set forth in Chapter 25.13; (aa) Modification of a new primary dwelling unit, which was approved in conformance with Chapter 25.13, that continues 235
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to meet the objective development and design standards set forth in Chapter 25.13.
(bb) De Minimis Capital Improvement Projects. For purposes of this subsection, capital improvement projects undertaken by the City may be deemed de minimis and subject to zone
clearance pursuant to the Zoning Code based on the project’s proposed scope in terms of environmental, aesthetic, and/or land use effects on the community, or are emergency projects determined by the Community Development Director to be
necessary to preserve the health, safety, or welfare of the community. Examples of de minimis capital improvement
projects include but are not limited to the following:
i. Fuel modification project or program;
ii. Emergency projects;
iii. Roadway or trail improvements within existing rightsof-way; iv. Pipeline, such as storm drain and sewer, installation, repair and maintenance; minor alterations to utilities; v. Alterations and repairs to parking lots;
vi. Small habitat restoration projects as defined in Section 15333 of the CEQA Guidelines;
vii. Sign replacements in the same size with similar
materials, at the determination of the Community
Development Director;
viii. In kind replacement of improvements for repair and maintenance;
ix. 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:
(a) 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 in an environmentally sensitive area (unless a 236
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licensed professional has determined, subject to peer review, that the proposed development does not impact the
environmentally sensitive area); such improvements are
subject to design review under (B)(1).
i. Landscaping of any vegetation, plants, bushes, or
trees within the buildable area that is 15 feet or higher at maintained height when measured from the ground
elevation 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 6 feet or higher at
maintained height and in the front yard at 4 feet or
higher at maintained height when measured from the
ground elevation adjacent to the location of the
vegetation plant, bush, or tree;
iii. Decks, slabs, terraces, or patios elevated more than 3 feet above the adjacent, legal ground elevation;
iv. 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), as amended from time to time, as
determined by the Community Development Director,
or other similar generally accepted resource, as
determined by the Community Development Director;
v. 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);
vi. Additional covered or tandem parking as specified in Section 25.52.012(G);
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vii. Decorative features such as fence posts, brick or stone columns which may extend up to twelve inches above
the maximum allowable height within the front yard;
viii. Revocable Encroachment Permits when not
associated with a project requiring a Design Review
Board or Planning Commission decision;
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, both at the determination of the Community Development Director;
x. Roof alterations that change the 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 unless otherwise exempt;
xiv. Above-ground utility structures, which are four 4 or higher in height when measured from adjacent, legal
ground elevation;
xv. Trash storage located within the front yard setback, screened from public view by a wall or fence 4 feet in
height (3 feet on a corner lot) and not impacting
required access for the property;
xvi. Extensions of time for design review permits;
xvii. Minor Capital Improvement project, which means a
project undertaken by the City that may be reviewed
and approved administratively, based upon a
determination by the Community Development
Director, in consultation with other affected department heads, based on the project’s proposed scope in terms
of environmental, aesthetic, and/or land use effects on the community. Typical examples of minor capital
improvement projects include, but are not limited to the following:

1. Alterations to existing facilities resulting in
exterior design changes;
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2. Roadway or trail extensions within existing
rights-of-way;

3. Replacement or renovation of damaged
facilities or structures resulting in exterior design
changes;

4. Small additions to existing structures resulting in
exterior design changes;

5. Construction or demolition of small structures
resulting in site or building design changes; and

6. Slope and wall repair for public infrastructure.
(b) Except for decks, slabs, terraces, or patios elevated more than 3 feet above the adjacent, legal ground elevation
(Section 25.05.040(B)(3)(a)(iii)) and minor alterations to historic resources (Section 25.05.040(B)(3)(a)(iv)), 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), when no other entitlement is required, if all of the following occur:
i. Mailed Notice. The City shall mail or deliver notice to issue administrative design review permit not requiring a public hearing to all persons and agencies required
to be notified Section 25.05.065 and with all of the
information required in Section 25.05.065 at least ten
days before the end of the public comment period. In
addition, the notice of waiver of public hearing for the pending action shall contain all of the following:

1. 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;

2. The date of the notice;

3. A statement that the project is appealable to the
City Council;

4. The final date to submit a request for a hearing;

5. The date the design review permit will be
granted if there is no hearing;
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6. A project description and a statement of why the
project qualifies for a waived public hearing;

7. 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;

8. A statement that the project plans are available
at the Community Development Department for
inspection during normal operating hours of the
City.
ii. 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 notice shall
contain all the information required in subsections
(B)(3)(b)(i)(1) through (B)(3)(b)(a)(8) of this section above Such notices shall be posted in three public
places, including one at the project site, 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.
(c) 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 consistent with the provisions of Section 25.05.065 and shall be subject to the following process:
i. Staking Requirements for Administrative Design
Review. If the Director of Community Development or
his or her designee otherwise determines that a project should be staked, the staking requirements of
subsections (C)(2) of this section shall be followed,
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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 Findings specified in subsection (I) 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 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.
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(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 or Planning Commission 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 design review authority determines is necessary to restake, the project shall be re-staked and recertified at least 14 calendar days prior to any subsequent public hearing.
(b) Staking poles shall be removed by the applicant within 20 calendar days after the City’s final decision on the design review application, after all local appeals are exhausted. The applicant's failure to remove the staking poles within the prescribed time period shall result in any remedies at law, including but not limited to code enforcement remedies. (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 Safety Standards Review. Prior to deliberation and action on a design review application for new construction and major remodels, the Fire Department or Building Division of the Community Development Department, as applicable, shall serve as the review authority for purposes of reviewing and approving or conditionally approving applications, including proposed fuel modification 242
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programs. Fuel modification programs or Alternative Materials and Methods (AM&Ms) requests, when determined necessary by the applicable review authority, 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 review authority’s conditions of approval relating to public safety may not subsequently be modified by the design review authority without the review and approval of the Fire Department or Building Division of the Community Development Department, as applicable. (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.
(1) The authorities responsible for reviewing and making decisions on design review applications under Section 25.05.040(B)(1) are as follows:
i. 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.
ii. 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, public works projects, 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 243
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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 findings set forth in subsection (I) 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.

Additional review criteria contained in specific plans and/or zoning overlays shall apply to projects located in areas covered by 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 findings set forth in subsection (I). Section 25.07.012(G) requires written findings to be made when approving or conditionally approving an associated Coastal Development Permit.
(5) Written notice of the approval, conditional approval or denial of design review applications shall be provided to the applicant or authorized agent within 14 calendar days of the date of the decision of the approval authority.
(6) Landscaping Conditions. The approval authority shall condition all landscaping approvals with maintained growth height limits 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 modified pursuant to Section 25.05.060. Certain landscaping is subject to zone clearance pursuant to subsection (B)(2) of this section and must be maintained at approved heights.
(7) 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. (H) Design Review Criteria. The design review criteria are as follows:
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(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.
(2) Design Articulation. Within the allowable building envelope, the appearance of building and retaining wall mass should be minimized.

25.45. (6) Landscaping. 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.
(7) 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. (8) Neighborhood Compatibility. Development shall be compatible with the existing development in the neighborhood and respect neighborhood character. Neighborhood character is the sum of the 245
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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 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 of landscaping 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 to the extent feasible.
(10) Privacy. 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.
(11) 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. View equity is intended to balance preservation of views with the right to develop property.
(I) Design Review Findings. In order to approve a design review permit application, the reviewing authority shall make all of the following findings:
(1) The proposed design of the project complies with all applicable provisions of the Laguna Beach Municipal Code, including any applicable specific plan; and
(2) The physical improvements and site developments are designed and located in a manner that achieves 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.
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(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
(b) The neighborhood character has not changed so as to be materially inconsistent with the findings made when design review was originally approved.
(L) Reapplication Waiting Period. After denial of a project, no design review application for a project located on the same parcel or building site may be filed or accepted for filing for six months.
(M) The actual development allowed after the application of the design review findings and criteria will typically be less than the maximum designated by the general standards for the zone because of localized 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.”
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:

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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:
(1) 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.
(2) 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. (3) 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 constructionrelated permit required for the alteration, construction, modification, moving, or reconstruction of any structure.
(C) Review and Approval
(1) 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.
(2) 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) 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.
(4) Coastal Development Permit. A coastal development permit may still be required in accordance with Chapter 25.07.

SECTION 7. Code Amendment. Chapter 25.05 (Administration) of Title 25 (Zoning) is hereby amended to add Section 25.05.060 (Subsequent Modification to Approved Permits) to read as follows:

Section 25.05.060 (Subsequent Modification to Approved Permits). (A) Subsequent Modification to Coastal Development Permits. 248
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(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(I) and Section 25.07.016(C).
(B) 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. (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.
(i) The Community Development Director may authorize minor changes to an approved permit without a public hearing, where the Director first finds that the changes:
a. Are consistent with the requirements of the City’s
Zoning Code; and
b. 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
c. 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
d. Do not result in an expansion or change in operational characteristics of the use; and
e. Do not alter the facts in support of the findings required by Section 25.07.012(G).
(ii) The Director may choose to refer any requested change to the original review authority for review and final action.
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(C) Changes to Other Permits Approved by the City.
(1) 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.
(2) 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.

SECTION 8. Code Amendment. Subsection (C) of Section 25.05.065 (Public Notice) is hereby amended to read as follows (additions shown in underline and deletion shown in strikethrough):

Section 25.05.065 Public Notice.
. . .
(C) Content of Public Hearing Notices. All public hearing notices that are mailed, posted or published for a proposed project shall contain the information listed below.
(1) Time, date, address and location of the hearing;
(2) Name of the approval authority holding the hearing; (3) A description of the proposed development and its proposed location;
(4) The environmental determination;
(5) The name, title, telephone and email address of a staff contact person;
(6) All case numbers for the proposed development related project case numbers, and project name, if any;
(7) The project applicant’s name;
(8) A statement, if applicable, of whether the proposed project is located within the coastal zone and appeal procedure; see the coastal development permit noticing requirements specified in Section 250
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25.07.014, and Section 25.07.020 for emergency coastal
development permit.

SECTION 9. Code Amendment. Subdivision (E) of Section 25.05.065 (Public Notice) of Chapter 25.05 (Administration) of Title 25 (Zoning) is hereby amended to read as follows (additions shown in underline and deletion shown in strikethrough):
(E) Posting of Public Hearing Notices. Notice of a public hearing shall be posted in three public places within the City, including on the project site, not less than ten calendar days prior to the date of the public hearing for administrative use permit, conditional use permit, design review, general plan amendment (for specific property), heritage tree, revocation, rezone, street abandonment, subdivision (parcel or tentative tract map), temporary use permit (decided by the planning commission) and variance applications.

SECTION 10. Code Amendment. Section 25.05.070 (Appeals and Requests for Review of Decisions) is hereby repealed and replaced with the following:

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(2) Planning Commission and Design Review Board Decisions. Any decision rendered by the Planning Commission and Design Review Board may be appealed to the City Council. Similarly, any decision rendered by a board, committee, or commission appointed by the City Council will be processed in the same manner as set forth herein for the Planning Commission and Design Review Board decisions.

Appeals of any determinations and requirements regarding coastal development permit processing, including exemptions,
determinations relative to appealable development, etc. shall be as described in Chapter 25.07.
(3) Requests for Review. On its own initiative, the City Council may review any decision rendered by the Community Development Director, Planning Commission, or Design Review Board as follows:
(i) Decision to Review
a. One Council member may initiate review of a
Community Development Director or Planning
Commission/Design Review Board decision,
respectively, by filing a written request with the City Clerk, within 14 calendar days after the date of the
decision.
b. The Council shall consider the “request for review” at its next regularly scheduled meeting.
c. If the Council votes to review the decision, a
subsequent review hearing shall be scheduled to
consider the merits of the review. Either action shall
require an affirmative majority of the legislative body vote.
d. Where the City is the applicant or affected property owner, the City Manager may initiate proceedings for
review of the decision or determination by written
request to the City Clerk within 14 calendar days of the decision or determination.
(ii) Applicant Notification. At the time the review body votes to initiate review, the applicant shall be informed of the aspects of the application and the decision that the review authority will consider.
(iii) Notice of Hearing. Notice of the hearing shall be provided and the hearing shall be conducted in compliance with Section

25.05.065.
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(iv) A request for review shall not require any statement of reasons from the member(s) calling for review and therefore shall not represent support of or opposition to an application.

No fee shall be required for a request for review. There shall be a presumption that the reason for the request is that the application may be of significant concern to the community or significant importance to the quality of life within the community and/or applicable land use policies and
regulations. There shall be no inference or implication of bias or prejudgment due to a request for review being filed. (C) Filing and Processing of Appeals.
(1) Form of Appeal and Timing.
(i) Appeals, other than City Council review, shall be submitted in writing and filed with the Community Development
Department or City Clerk, as applicable, on a City application form, within 14 calendar days after the date the decision is rendered by the Community Development Director or
Planning Commission/Design Review Board.
(ii) Appeals to the Planning Commission/Design Review Board and City Council shall include a statement specifying the basis for the appeal and the specific aspect of the decision being appealed.
(2) Filing Fees.
(i) Appeals shall be accompanied by the filing fee set by the City Council’s Fee Resolution when the application is filed with the Community Development Department or City Clerk, as
applicable. No appeal shall be accepted or deemed filed unless such payment is made.
(ii) Where more than one appeal is allowed, and if more than one appeal is filed, then following the filing expiration date for appeals, the City Clerk shall prorate the required appeal fee among the total number of appeals and refund the excess amount paid by each appellant.
(iii) The Community Development Director is authorized to waive the filing fee for appeals upon a showing of good cause. (3) Effect of Filing. The filing of an appeal in compliance with this Chapter shall have the effect of suspending the effective date of the decision being appealed, and no further actions or proceedings shall 253
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occur in reliance on the decision being appealed except as allowed by the outcome of the appeal.
(4) Notice to Applicant. If the appellant is not the applicant, a copy of the appeal shall be provided to the applicant within seven days of its filing.
(5) Report and Scheduling of Hearing. When an appeal has been filed, the Community Development Director shall prepare a report on the matter. The City shall schedule the matter, in its sole discretion, within ninety (90) days of the filed appeal, for consideration by the appropriate appeal body identified in Section 25.05.070(B). All appeals shall be considered during public hearings with notice provided in compliance with subsection (C)(6). The City may consolidate hearings on all timely filed appeals for the same project. (6) Notice Requirements. Public notice of the hearing for the appeal or request for review shall be subject to the provisions of Section

25.05.065, except that the public notice for appeals of Coastal Development Permits shall be instead carried out through the public notice provisions of Section 25.07.014.
(7) Withdrawal of Appeal. Once filed, an appeal may only be withdrawn by a written request submitted to the Community Development Director, with the signatures of all persons who filed the appeal. (D) Hearing on Appeal.
(1) Upon the hearing of an appeal, the Planning Commission/Design Review Board, shall conduct a de novo hearing on the underlying application but shall be limited to the grounds specifically stated in the notice of appeal, if an appeal was filed. The Planning Commission/Design Review Board shall exercise its independent judgment as to the evidence. Nevertheless, there shall be a presumption that the decision or determination made by the approval authority was reasonable, valid, and not an abuse of discretion; and the appellant, if there is one, shall have the burden of proof of demonstrating otherwise by a preponderance of the evidence, including plans, presented. Abuse of discretion is established when (a) the agency has not proceeded in the manner required by law; (b) the order or decision is not supported by the findings; (c) the findings are not supported by evidence.
(2) Upon the hearing of an appeal or request for review, the City Council shall conduct a de novo hearing on the underlying application but shall be limited to the grounds specifically stated in the notice of appeal, if an appeal was filed. The City Council shall exercise its 254
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independent judgment as to such evidence. Nevertheless, there shall be a presumption that the decision or determination made by the approval authority was reasonable, valid, and not an abuse of discretion; and the appellant, if there is one, shall have the burden of proof of demonstrating otherwise by a preponderance of the evidence, including plans, presented. Abuse of discretion is established when (a) the agency has not proceeded in the manner required by law; (b) the order or decision is not supported by the findings; (c) the findings are not supported by evidence. (3) Hearings are subject to the provisions of Section 25.07.016 when a coastal development permit is required.
(E) Action on Appeal.
(1) At the hearing, the appeal body shall conclude the proceedings with one of the following actions.
(i) Affirmation or Reversal. The appeal body may, by resolution, affirm, affirm in part and reverse in part, or reverse the action that is the subject of the appeal.
(ii) Additional Conditions. When reviewing an appeal, the appeal body may adopt additional conditions of approval involving or related to the subject matter of the appeal.
(iii) Remand. The City Council may, but shall not be required to, remand the matter back to the Planning Commission/Design Review Board, as applicable, for further consideration. The Planning Commission/Design Review Board, as applicable, shall not be allowed to remand the matter back to the
Community Development Director.
(2) Deadlocked Vote.
(i) By Planning Commission/Design Review Board. In the event an appeal from an action of the Community Development
Director results in a deadlocked vote by the Planning
Commission/Design Review Board, the determination,
interpreting decision, judgment, or similar action, the appeal shall be forwarded to the City Council for the City Council’s proceedings on the appeal, as specified in this Section. (ii) By City Council. In the event that an appeal from an action of the Planning Commission/Design Review Board results in a deadlocked vote by the City Council, the action of the
Planning Commission/Design Review Board (or Community
Development Director), as appropriate, shall become final. 255
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SECTION 11. Code Amendment. Chapter 25.07.006 (Definitions) of Chapter 25.07 (Coastal Development Permits) of Title 25 (Zoning) is hereby amended to add the following definition in alphabetical order of the existing list of definitions:
“Director of Community Development” and “Community Development Director” shall mean the Director of the Community Development Department at the City of Laguna Beach and his or her designee.

SECTION 12. 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 website. 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 13. Code Amendment. Section 25.07.012 (Procedures) of Chapter 25.07 (Coastal Development Permits) of Title 25 (Zoning) is hereby amended to add Subdivisions (J) and (K) to read as follows:
(J) 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.
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a public hearing, where the Director first finds that the changes:
a. Are consistent with the requirements of the certified Local Coastal Program; and
b. 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
c. 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
d. Do not result in an expansion or change in operational characteristics of the use; and
e. Do not alter the facts in support of the findings required by Section 25.07.012(G).
(ii) 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. (i) Changes Approved by Original Review Authority. A proposed change that does not comply with the criteria identified in subsection (J)(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)
(ii) 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 257
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shall not be processed by the City and instead shall be processed by the Coastal Commission.
(K) 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 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 re-staked and re-certified at least 14 calendar days prior to any subsequent public hearing.
(2) Staking poles shall be removed by the applicant within 20 calendar days after the final project decision. The applicant's failure to remove the staking poles within the prescribed time period shall result in any remedies at law, including but not limited to code enforcement remedies.
(3) The Community Development Director may waive this requirement in writing in the Community Development Director’s sole discretion.

SECTION 14. Code Amendment. Section 25.07.026 (Local Coastal Program amendments) of Chapter 25.07 (Coastal Development Permits) of Title 25 (Zoning) is hereby repealed and replaced with the following:
(A) Purpose and Intent. The City Council may amend the Local Coastal Program when required by public necessity, convenience, and general welfare or protection of coastal resources, or where required by specific policies in the Local Coastal Program by following the procedure specified in this Chapter. For purposes of this Section, amendments of a certified Local Coastal Program includes, but is not limited to, any action by the City that authorizes the use of a parcel of land other than a use that is designated in the certified local coastal program as a permitted use of the parcel, except for temporary uses as defined in Section 25.05.035. Such amendments will not take effect until effectively certified by the Coastal Commission. 258
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(B) Application
(1) Proposals
(a) Initiation. An amendment to the Local Coastal Program may be initiated by:
(i) Resolution of Intention of the City Council;
(ii) Property owners, or their duly authorized agents, by filing a complete and verified application with the
Community Development Department for amendments
to the LCP involving their property.
(iii) Any person authorized to undertake a public works project or proposing an energy facility development
may request to amend the local coastal program, if the
purpose of the proposed amendment is to meet public
needs of an area greater than that included within such certified local coastal program that had not been
anticipated by the person making the request at the
time the local coastal program was before the Coastal
Commission for certification.
(b) Contents of Amendment Applications. The amendment
application shall include:
(i) All policies, plans, standards, objectives, diagrams, drawings, maps, photographs, and supplementary
data related to the amendment in sufficient detail to
allow review for conformity with the requirements of the Coastal Act. Written documents should be readily
reproducible. An amendment application may also
need to include, where applicable, a readily identifiable public access component as set forth in California
Code of Regulations Section 13512.
(ii) The application shall be accompanied by a map drawn to scale showing the location of the property concerned and the location of all highways, streets and alleys,
public easements or Offers to Dedicate Public
Easements and all lots and parcels of land within a
distance of 500 feet from the exterior boundaries of the property involved. The accuracy of such map shall be
the responsibility of the applicant.
(iii) A discussion of the amendment's relationship to and effect on the other sections of the certified LCP.
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(iv) An analysis that meets the requirements of California Code of Regulations Section 13511 that demonstrates
conformity with the requirements of Chapter 6 of the
Coastal Act.
(v) Any environmental review documents, pursuant to
CEQA, required for all or any portion of the amendment
to the LCP.
(vi) An indication of the zoning measures or
implementation that will be used to carry out the
amendment (unless submitted at the same time as the
amendment to the Local Coastal Program).
(c) Any application made pursuant to Paragraph (B)(1)(a)(ii) and (iii), above, shall be in writing and signed and verified by the owner of the land involved or by his authorized agent. If a person other than the owner makes the application, written authorization to act on behalf of the owner shall be submitted with such application. The application shall show or be accompanied by the legal description of the property for which the amendment is requested, and the street address or
addresses, if any, or other common description of the
premises.
(2) Review of Filing. An amendment to a certified LCP together with all necessary attachments and exhibits shall be deemed "submitted" after having been received and found by the Community
Development Director to be in proper order and legally adequate to comply with this Section. The Community Development Director shall cause a date of receipt stamp to be affixed to all LCP submissions on the day they are so received and a stamp of the date of submittal on the day they are found to be properly submitted. (C) LCP Amendment Hearing and Notice. Upon receipt in proper form of an LCP amendment application, or upon receipt of a Resolution of Intention from the City Council, the Community Development Department shall set a public hearing before the Planning Commission.
(1) Notice of Public Hearings. Notice of public hearings shall be given at least ten (10) days prior to the hearing. Such notice shall state the nature of the proposed change, location of the affected area, and the time(s) and place(s) of the scheduled hearing(s) and for accepting comments on the proposed amendment.
(a) For Amendments to LCP, the notice shall be provided as follows:
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(i) By mail to all of the following parties:
(1) Any member of the public who has so
requested;
(2) Each local government contiguous with the area
that is the subject of the Amendment;
(3) Local governments, special districts, or port or
harbor districts that could be directly affected by
or whose development plans should be
considered in the Amendment;
(4) Regional, state and federal agencies that may
have an interest in or be affected by the
amendment;
(5) Local libraries and media;
(6) The Coastal Commission.
(7) Any reference in this subchapter to "interested
parties" or "public agency" shall include the
aforementioned persons or groups.
(ii) By posting the draft amendment to the City’s website in a format that can be downloadable.
(iii) By placing a display advertisement of at least onefourth page in newspaper having the greatest circulation within the area affected by the proposed
action.
(b) Following a public hearing, the Planning Commission shall recommend approval, modification, or denial of the proposed amendment to the City Council. The recommendation shall be by resolution carried by the affirmative vote of not less than the majority of the entire Commission. It shall be transmitted to the City Council within forty (40) days after the rendering of a decision. Such decision is final and conclusive and may not be reconsidered except upon referral by the City Council. (2) Council Hearing and Notice. After receipt of the Planning Commission's recommendation, the City Council shall hold a public hearing and shall give notice in the same manner as required for the Planning Commission in this Section above.
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(3) Council Decision. After the required hearing, the City Council shall take actions on the Amendment by resolution or ordinance, as applicable, to either approve, modify, or deny the proposed amendments.
(D) Required Findings. Before approval of any LCP Amendment, the City Council must make the finding that such amendment meets the requirements of, and is in conformity with, the LCP and the policies of Chapter 3 the California Coastal Act.
(E) Certification of Local Coastal Program Amendments.
(1) Submittal to Coastal Commission. Any amendment approved by the City shall be submitted to the Coastal Commission in accordance with Sections 30510, 30512, 30513 and 30514 of the Public Resources Code and Sections 13551 and 13552 of the California Code of Regulations.
(2) Effective Certification. An amendment to the Commission-certified Local Coastal Program shall not become effective after City Council adoption until the amendment is submitted pursuant to the requirements of Section 13551 et seq. of the California Code of Regulations and is effectively certified by the California Coastal Commission pursuant to the requirements of Section 13544 et seq. of the California Code of Regulations.
(3) Amendments Pursuant to PRC 30515 (Public Works Project or Energy Facility Development). LCP Amendments approved by the Coastal Commission pursuant to Public Resources Code Section 30515 shall be effectively certified upon final action by the Coastal Commission.

SECTION 15. Code Amendment. Section 25.08.004 (Words beginning with “B.”) of Chapter 25.08 (Definitions and Standards) in Title 25 (Zoning) is hereby amended to add the following definition in alphabetical order:
“Buildable Area” means the total area of the parcel minus the area of all required setbacks pursuant to the local zoning regulations.

SECTION 16. Code Amendment. Section 25.08.010 (Words beginning with “E.”) of Chapter 25.08 (Definitions and Standards) in Title 25 (Zoning) is hereby amended to add the following definition in alphabetical order:
“Environmentally Sensitive Area” has the same meaning as the term is defined in the Open Space and Conservation Element Policy 8-I, which is as follows: “Environmentally Sensitive Areas (ESA’s) as defined in Section 30107.5 of the California Coastal Act shall be identified and mapped on a Coastal ESA Map. The following areas shall be designated as Enviornmentally Sensitive Areas: Those areas shown on the Biological Resource 262
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Values Map in the Open Space/Conservation Element as “Very High” habitat value, and streams on the Major Watersheds and Drainage Courses Map which are also streams as identified on the USGS 7.5 Minute Quadrangle Series and any other areas which contain environmentally sensitive habitat resources as identified through an on-site biological assessment process, including areas of “High” and “Moderate” habitat value on the Biological Resources Values Map and areas which meet the definition of ESA’s in Section 30107.5 of the Coastal Act, including streams, riparian habitats, and areas of open coastal waters, including tidepools, areas of special biological significance, habitats of rare or endangered species, near-shore reefs and rocky intertidal areas and kelp beds.” “Environmentally Sensitive Area” also includes slopes of 30% or greater and other areas designated as an “Environmentally Sensitive Area” on a map adopted by resolution of the City Council.

SECTION 17. Code Amendment. Section 25.08.016 (Words beginning with “H.”) of Chapter 25.08 (Definitions and Standards) in Title 25 (Zoning) is hereby amended to modify the definition for “Height, building” (additions shown in underline):
“Height, building” means one or more of the following:
(a) The vertical distance from any point on the finished roof surface, including any roof-mounted or rooftop appurtenance, to the finished floor surface of the lowest floor measured directly below or to the natural or finished grade, whichever is more restrictive or lower. If the entire lowest floor, measured from the finished floor surface of the floor above, is located completely below natural or finished grade, whichever is more restrictive, then the building height shall be measured to the top of the finished floor of the next level directly above that subterranean level;
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(b) For purposes of measuring the height above the front lot line, an applicant may have the option of measuring by one of the following two options:
(1) The vertical distance from the curb, street centerline or property line to the highest point of the roof, whichever is the applicable measurement as required under the specific chapters of this title. The elevation of the curb shall be taken on top of the curb at a point created by the intersection of the curb and a line perpendicular to and intersecting the midpoint of the front lot line. In the event, there is no curb, height shall be measured from the centerline of the street to the top of the roof. The elevation of the centerline of the street shall be taken at a point created by the intersection of the centerline and a line perpendicular to and intersecting the midpoint of the front lot line; or
(2) At every point along the curb or street center line. (c) For purposes of measuring the height above the rear lot line, the elevation of the rear lot line shall be taken at every point along the rear property line. (d) Exception: Provided they do not exceed a maximum height limit set forth in Chapter 25.51, and provided further that no structure in excess of the specified building height shall be used for additional living or floor space, the following items may be permitted to a height in excess of that permitted within a zone when approved by the design review board pursuant to the procedures and findings of Chapter 25.05 as applicable: structures for the sole purposes of housing elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building, skylights, spires, flagpoles, broadcasting and receiving antennae and chimneys. (e) For development proposed on the seaward side of Pacific Coast Highway, where topography allows, no structures shall be constructed above the finish elevation of Pacific Coast Highway at the right-of-way line.

SECTION 18. 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.

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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 19. 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, finish grades and drainage, specifications and construction details, plan sheet numbers, and drawing date of plans.

SECTION 20. Code Amendment. Subdivision (E)(1)(c) and (E)(1)(d) of Section

25.10.008 (Property development standards) of Chapter 25.10 (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
. . .
(1) 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 4,000 square feet and under, site coverage shall not exceed forty-four percent; for lots greater than four thousand 4,000 square feet and less than 8,000 square feet, the maximum site coverage shall be calculated using the formula below; and for lots eight
thousand 8,000 square feet and over, site coverage shall not exceed thirty-five 35 percent. The maximum site coverage percentage permissible on any residential lot shall be
calculated using the following formula:

Building Site Coverage (%) = 35 + (8,000-A) x 9
4,000
Where A = lot area (square feet)
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For example, if the lot area is six thousand six hundred twentyfive 6,625 square feet, the maximum allowable building site coverage would be calculated as follows:

25.10.008(E)(4)(c), above, upon a finding that shall only be modified by the design review board when 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. In no event shall the Design Review Board modify such requirement by more than five percent.

SECTION 21. 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):
(E) Yards
. . .
(3) Side Yard.
(a) The width of each side yard shall be not less than ten 10 percent of the average lot width, but in no case less than three 3 feet; except that when the average lot width is forty 40 feet or greater, no side yard shall be less than four 4 feet. . . .
2) Side yards shall not be used for accessory buildings, clotheslines, air conditioning or pool equipment, the
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storage of trailers, boats, campers or other materials, or the regular or constant parking of automobiles or other vehicles, except for the required additional parking space when approved by the Design Review Board in
accordance with Section 25.52.012(f).

SECTION 22. Code Amendment. Chapter 25.13 (Objective Development and Design Standards for New Primary Dwelling Units) is hereby added to Title 25 (Zoning) to read as follows:

25.13.010 Purpose
These Objective Development and Design Standards (ODDS) are established to:
(A) Provide clear, objective, and measurable standards for qualifying new primary dwelling unit development throughout the City;
(B) Streamline the review of qualifying new primary dwelling unit projects to address housing needs of all income levels; and
(C) Maintain Laguna Beach’s architectural quality and diversity.

25.13.020 Applicability
(A) Alternative Permitting Pathway. This Chapter is intended as an optional alternative approval pathway for new primary dwelling units within a singlefamily residential zone in lieu of the discretionary permitting process described in Laguna Beach Municipal Code Section 25.05.040 which might apply to such projects. This Chapter applies to the development of new primary units within a single-family residential zone. It also may be used to approve additions or modifications to a new primary unit within a singlefamily residential zone previously approved under the provisions of this Chapter, provided that the additions and modifications comply with the development standards and design standards set forth by this Chapter. (B) Non-Compliance with Objective Standards. Projects that do not comply with all provisions of this Chapter may seek discretionary review and approval pursuant to the City’s development review process set forth in Section

25.05.040.

25.13.030 Relationship to Laguna Beach Municipal Code
(A) These objective development and design standards are additive to the requirements of the single-family residential zoning district in which the new primary dwelling unit project is proposed as set forth in the Laguna Beach Municipal Code Title 25 (Zoning) or any other provisions of the Laguna Beach Municipal Code.
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(B) Conflicts. Where the provisions of this Chapter conflict with the single-family residential zoning district requirements of the zoning district in which the new primary dwelling unit project is proposed as set forth in the Laguna Beach Municipal Code Title 25 (Zoning), the regulations of this Chapter prevail.
(C) Major Remodels. A project that would constitute a major remodel does not constitute a new primary dwelling unit for purposes of this Chapter and is not eligible to proceed under this Chapter.

25.13.040 Administration
(A) Application Processing.
(1) At the time of filing a permit application, the applicant shall state whether the process is to be processed in accordance with this Chapter.
(2) A new primary dwelling unit project that meets the requirements in this Chapter is not subject to discretionary design review in accordance with Section 25.05.040 but may still require a discretionary coastal development permit in accordance with Chapter 25.07.
(3) Structures and site improvements proposed at the same time as the new primary dwelling unit, other than the new garage and landscaping authorized by this Chapter, may require discretionary design review in accordance with Section 25.05.040.
(B) Application Requirements.
(1) The Director of Community Development shall prescribe the form and scope of the application form in accordance with Section

25.05.015.
(2) A complete permit application shall include all the materials listed on such application form, including the materials and information listed below:
(a) A landscape plan with mature growth height limits and maintenance schedules (type and frequency of pruning) for all vegetation.
(b) An exterior lighting plan.

25.13.040 Objective Development Standards
(A) Building Height.
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(1) The height of the new primary dwelling unit and new garage authorized by this Chapter shall not exceed a height of 15 feet, measured in accordance with the definition of “Height, building” in Chapter 25.08.
(2) The new primary dwelling unit and new garage authorized by this Chapter shall not exceed a single story, measured in accordance with the definition of “Height, building” in Chapter 25.08. (B) Yard Setbacks.
(1) Side Yards.
(a) The side yard setbacks are at least 20% greater than the requirement imposed by the underlying zone.
(b) No redistribution of the required side yards shall be permitted. (2) Front and Rear Yards.
(a) The front and rear yard setbacks are at least 20% greater than the requirements imposed by the underlying zone.
(b) Reduced building setbacks in accordance with Section

25.50.004(E) shall not be permitted.
(3) Permitted Projections.
(a) Permitted projections into required yards in accordance with Section 25.50.008 shall be measured from the setbacks
required by this Chapter.
(4) Special Subdivision Map Setback.
(a) In any case where a special subdivision map building setback applies, the building setback shall be at least 20% greater than that requirement.
(C) Maximum Floor Area for New Primary Dwelling Unit and New Garage. (1) New Primary Dwelling Unit.
(a) A new primary dwelling unit shall not exceed a gross primary unit floor area of 1,500 square feet.
(b) A new, second primary dwelling unit shall not exceed a gross primary unit floor area of 800 square feet.
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(c) For purposes of this paragraph, “gross primary unit floor area” shall include all habitable floor area and all other enclosed building areas that are attached to the unit, including nonhabitable mechanical and storage areas, but not including the garage.
(2) New Garage.
(a) Each new primary dwelling unit shall have a new garage that accommodates two parking spaces that shall not exceed a gross garage floor area of 400 square feet
(b) For purposes of this paragraph, “gross garage floor area” shall include all enclosed building areas for the garage, including non-habitable mechanical and storage areas.
(3) For purposes of this paragraph, the “floor area” is calculated from the outside structural wall, including retaining walls when below grade. (D) Maximum Floor Area for the Lot.
(1) The maximum permitted gross floor area on a lot shall not exceed the floor area ratio set forth in Table A, based on the gross lot area. (2) For purposes of this paragraph, “gross floor area” means the areas that are attached or detached to the unit, including non-habitable mechanical and storage areas, but not including the garage. (3) For purposes of this paragraph, the floor area is calculated from the outside structural wall, including retaining walls when below grade. (4) Notwithstanding (D)(1), above, a lot shall be permitted sufficient gross floor area to comply with mandatory state law, including to allow the following:
(a) First primary dwelling unit: the unit shall not exceed 1,500 square feet, provided that the unit complies with this Chapter. (b) Second primary dwelling unit: the unit shall not exceed 800 square feet, provided that the unit complies with this Chapter. (c) Accessory Dwelling Unit: the unit shall not exceed 850 square feet for studio or one bedroom and 1,000 square feet for two bedrooms, provided that the unit complies with Chapter 25.17. (d) Junior Accessory Dwelling Unit: the unit shall not exceed 500 square feet, provided that the unit complies with Chapter

25.17. 270
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(E) Landscaping.
(1) Buildable Area. Landscaping of any vegetation, plants, bushes or trees within the buildable area shall not exceed 15 feet at maintained height when measured from the adjacent, legal ground elevation. (2) Rear and Side Yards. Landscaping of any vegetation, plants, bushes or trees within the rear and side yards shall not exceed a maintained height of 6 feet.
(3) Front Yard. Landscaping of any vegetation, plants, bushes or trees within the front yard shall not exceed a maintained height of 4 feet on a non-corner lot and 3 feet on a corner lot.
(F) Lighting. Exterior lighting must be fully shielded and aimed downward. (G) Roof Decks.
(1) No new primary dwelling unit shall include a roof deck. (2) For purposes of this paragraph, a "roof deck" means a deck above the uppermost story of a building, with no access from interior living space at the same floor level.

Table A
Maximum Floor Area Ratio
Gross Lot Area (sq. ft.) Maximum Floor Area Ratio
0 – 2,499 0.60
2,500 – 2,999 0.50
3,000 – 3,499 0.43
3,500 – 3,999 0.38
4,000 – 4,499 0.34
4,500 – 4,999 0.31
5,000 – 5,999 0.28
6,000 – 6,999 0.25
7,000 – 7,999 0.22
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8,000 – 8,999 0.20
9,000 – 9,999 0.18
10,000 and over 0.17

25.13.040 Objective Design Standards
A new primary dwelling unit project authorized by this Chapter shall comply with objective design standards established by resolution of the City Council.

SECTION 23. 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) are hereby amended as follows (additions shown in underline and deletion shown in strikethrough) with re-numbering and re-lettering to occur in numerical and alphabetical order:

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 Criteria)
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.

The following design criteria 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 zoning standards and design review procedures of this chapter and shall be strictly evaluated for conformance with the city's general plan, with particular emphasis on the open space and 272
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conservation element. As part of the environmental review process for any project, the city shall require detailed environmental studies to identify specific impacts, measures to avoid those impacts and, when allowable impacts are unavoidable, the necessary mitigation measures.
(A) To ensure compliance with the applicable General Plan policies, aAll development proposals shall be subject to the following criteria:
(1) Building Site. Development Buildings and other improvements should be located on a slopes of less than thirty percent and shall be situated such that they do not adversely impact any environmentally sensitive areas, and should minimize impacts to ridgelines, geologic hazard areas and unique landforms.
(2) Mass and Scale. The height and scale of the building(s) should respect the natural surroundings and unique visual resources by incorporating designs which minimize bulk and mass, follow natural topography and minimize visual intrusion on the natural landscape. (3) Building Size. In addition to the mass and scale of the residence, the total square footage shall also be maintained at a size compatible with the open space characteristics of the hillsides. Residential designs should blend in with the surroundings, while minimizing their prominence to public view. As such, larger lots shall not necessarily enable the development of correspondingly larger homes. (4) 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.
(5) Grading. Development proposals should minimize grading of hillside areas by encouraging designs which follow the natural grade while maintaining a building mass and scale that is sensitive to topography. (6) Landscaping. The proposal should maintain native 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.
(7) 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 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 273
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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.

SECTION 24. 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) 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 100 feet of the main dwelling principal structure. If no dwelling principal structure 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) abovebelow, subject to design review board approval which includes a finding that the fence is necessary for the preservation of public health, safety and welfare.

SECTION 25. Code Amendment. Subsection P (Open Space) of Section 25.15.010 (Property development standards) of Chapter 25.15 (R/HP Residential/Hillside Protection Zone) in Title 25 (Zoning) is hereby added to read as follows:
(O) Open Space. As a condition of approval of any new development in the "Residential/Hillside Protection" designation, the offer of a permanent open space easement over that portion of the property not used for physical development or service shall be required to promote the long-term preservation of these lands. Only consistent open space uses shall be allowed by the easements. Except for passive recreation, trails or trailrelated rest areas, development shall not be allowed in this easement area. The offer of easement shall be in a form and content approved by the City and shall be recorded and run with the land, and shall be irrevocable for 21 years from recordation. The creation of homeowner's or other organizations, and/or the preparation of open space management plans may be required by the City to provide for the proper utilization of open space lands.

SECTION 26. 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. 274
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SECTION 27. Section 25.16.030 of the Laguna Beach Municipal Code (Authorization – Artist Occupancy Permit Required) is amended to read as follows (additions made in underline and deletions made in strikethrough):

The use and occupancy of an artist’s working and living unit shall be for artists and their household. Each artist who proposes to occupy an artist working and living unit shall first obtain written confirmation from the community development director or his/her designee, that the type of proposed art work to be created is appropriate in the proposed zoning designation where the unit is located. A completed application for an artist occupancy permit may then be submitted to the community development department for review, and consideration, and decision by the artist review panel Community Development Director or his/her designee. In addition, each artist who may potentially occupy an artists working and living unit shall comply with not less than three of the following requirements when submitting a completed application:
(A) Submit evidence of a body of work, created in the last three years, as documented in support materials such as compact disks (CDs), slides, video and/or audio tapes, production photographs, scripts or works of fiction, non-fiction or poetry. Support materials shall be labeled with the artist’s name, date of work and any other required information; (B) Submit evidence that the artist has formal training in the arts, as documented in a resume that summarizes such training;
(C) Submit evidence that the artist has presented his or her work in exhibition, performance, readings or comparable public programming, as documented in a resume, sample programs/invitations, catalogs, press clips or similar official documentation;
(D) Submit three letters of recommendation from artists and/or arts professionals (such as curators, producers or teachers) who are recognized within the arts community and who will attest that the applicant is a working artist as defined below., consistent with the definition of “artist” as provided in this Chapter.

Upon submission of a complete application, artist review panel shall meet within thirty days to review the artist occupancy permit application and either approve or deny the application. The Community Development Director or his/her designee will review and either approve or deny an artist occupancy permit application within thirty days of submission of a complete application. Any decision Decisions made by the Community Development Director or his/her designee artist review panel may be appealed to the city council in accordance with Section 25.05.070. Upon certification by the artist review panel approval of the application, the artist may submit tenant improvement plans to the 275
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community development department for any desired or necessary modifications to the unit for review and approval by the community development and the fire departments.

SECTION 28. Section 25.16.040 of the Laguna Beach Municipal Code (Definitions) is amended to read as follows (additions made in underline and deletions made in strikethrough). Except as amended, all other provisions of Section 25.16.040 shall remain in full force and effect:
"Artists' review panel" means a subcommittee, appointed by the city council, consisting of three members of the city's arts commission, one of whom shall be a working artist, established for the purpose of reviewing and certifying each artist who proposes to occupy an artist's working and living unit.

SECTION 29. Section 25.16.050 of the Laguna Beach Municipal Code (Minimum Requirements for Artists’ Working and Living Units) is amended to read as follows (additions made in underline and deletions made in strikethrough). Except as amended, all other provisions of Section 25.16.050 shall remain in full force and effect:
(A) Development Standards. The development standards of the applicable allowable zone identified in subdivision (1) shall be the development standards for an artist's working and living development project. In the event of a conflict between the development standards set forth in the applicable allowable zone and the standards in this chapter, the provisions of this chapter shall take precedence. All artists' working and living units shall be designed to comply with applicable building code standards. The type of art work created in an artists' working and living unit shall be consistent with allowable uses and compatible with requirements of the zoning district in which it is located. The city reserves the right to perform on-site inspections to determine compliance with this chapter, the artist occupancy permit and the conditional use permit.
. . .
(14) Future additions, modifications or enlargements of structures, and modification of sizes of floor areas designated as residential dwelling area and working space shall require review by the planning commission and the approval of an amendment to the conditional use permit. Any subsequent change in the approved type(s) of artist(s) and/or art work(s) shall require subsequent review in accordance with Section 25.16.030 by the artist review panel including artist certification.
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SECTION 30. 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.
(1) 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 unique design aspects inherent in the Lagunita community that need to be preserved and enhanced, particularly with respect to preserving existing views and view corridors. The design criteria, as established herein, shall be utilized for all projects proposed within the Lagunita Zone. Prior to any discretionary review by the city, and to the extent permitted by law, 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, to the extent permitted by law. The adoption of these design criteria will guide and ensure that all future growth contributes to preservation of the Lagunita community character. (a) All buildings, structures, and improvements shall be evaluated on criteria in Section 25.05.040, and on the following
additional view preservation criteria: a prime consideration for the Design Review Board in reviewing development
applications including its landscaping shall be the
maintenance of views and view corridors. For purposes of this chapter, a “view corridor” shall be defined as a vista or scenic field of vision enjoyed from a residence between and/or above other structures of buildings. Property development standards for the Lagunita Zone shall represent the maximum allowable building envelope. The actual development allowed might be less than that designated by the general standards for the Lagunita Zone because of localized conditions identified during the design review process.

SECTION 31. Code Amendment. Section 25.25.010 (Performance Standards/design criteria) of Chapter 25.25 (SLV, South Laguna Village Commercial Zone) in Title 25 (Zoning) is hereby amended as follows (additions shown in underline and deletion shown in strikethrough):

The South Laguna Village commercial zone is located in close proximity to residential areas; commercial properties frequently share a functional and/or visual relationship with residential properties. It is therefore necessary for special attention to be placed on the compatible design and orientation of development in the South Laguna Village 277
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commercial zone. In conducting its review, the design review authority shall consider preservation of the character and integrity of residential areas and maintaining an appropriate visual and functional interrelationship between residential and commercial uses, by applying the standards and criteria set forth below. The following performance standards shall be used for the purpose of evaluating the development proposals in this zone. The standards are general in nature and are to be applied on a site-specific basis.

They are intended to serve as a guide for achieving proper design and to supplement other design criteria used by the design review authority. (A) New development shall be designed to be compatible with nearby residential areas. This shall involve preservation of the character and integrity of residential areas and maintaining an appropriate visual and functional interrelationship between residential and commercial uses.

Potentially intrusive design elements such as traffic circulation and light and glare shall be designed to avoid interference with the residential environment.
(B) The height, scale, mass and bulk of buildings shall not be overbearing in relation to nearby residential structures. Height, scale, mass and bulk shall also be a function of their proximity to residential structures, with buildings in close proximity made to adhere to a similar scale of development.

Potential view impediments shall also be considered.
(C) 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.
(D) All parking facilities, including surface parking, tuck-under parking or parking structures, must be designed to maintain a pedestrian-friendly streetscape through screening, minimizing size, integrating the opening with the overall architecture, and using aesthetic amenities such as gates, landscaping and special paving.
(E) Architectural styles and features shall be compatible with and complimentary to nearby residential structures to the extent commercial and residential structures share a visual relationship. All architectural planning and design should maintain and/or enhance the diverse architectural character of the South Laguna Village commercial zone. Rooflines shall be compatible with the historic character of the surrounding area. Gabled roofs are a defining feature of the zone, contribute substantially to the area’s character, and are strongly encouraged.
(F) Landscaping shall be utilized and designed to help make commercial development more compatible with nearby residential areas to the extent practicable. Clustered, informal planting schemes are encouraged to reflect a natural, unstructured theme. Landscape themes should include diversity in height, form, texture and color of plant material as well as a mixture of 278
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container sizes for particular plant types to achieve an informal theme.

Existing landscape that enhances the scenic character of the zone should be preserved.
(G) Commercial signage shall be designed so as not to interfere with residential areas. This shall involve the lighting, location, orientation and size of signs. (H) Every use shall operate in such a manner as to not be objectionable to adjacent residential neighborhoods.

SECTION 32. Code Amendment. Section 25.28.040 (Design criteria) of Chapter

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

SECTION 33. 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) with re-numbering and relettering to occur in numerical and alphabetical order:

25.40.005. Additional guidelines may be adopted by resolution of the city council, upon recommendation of the design review board, when such guidelines are deemed warranted.
(C) In the event that a project 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 project is justified by said subsections or guidelines.

SECTION 34. 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) with renumbering and re-lettering to occur in numerical and alphabetical order:

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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. (1) To recognize the interdependence of land values and aesthetics and to implement these standards in the best interest of the city. (B) Standards.
(1) All designs shall demonstrate an individuality of design, which should be achieved primarily through a manipulation of the volume of the structure rather than by means of nonessential architectural details. (2) While individuality of design should be achieved, the thrust should be scaling down rather than duplication of existing bulk and size of existing structures.
(3) Lot coverage shall not exceed that specified in the zoning ordinance for R-1 development.
(4) All designs shall limit areas of large blank walls by carefully planned windows, porches, and smaller volumes.
(5) Harsh boxlike structures, and structures which make extensive use of glossy surfaces, or strong, glaring colors, shall be avoided. (6) On downhill homes, all designs shall avoid vertical repetitive detailing which adds to the illusion of height.
(7) All designs shall minimize roof penetration by grouping all plumbing vents and ducts together.
(8) 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. (9) Roof decks should shall not be permitted above the uppermost story., nor should pParapets, walls, protective roof deck railings or 280
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and stair enclosures shall not exceed the roof height of the uppermost story, except as approved by design review.
(10) All exterior 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.
(11) 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. (12) Landscaping shall be used in front and rear yards to relieve solid, unbroken elevations and to soften continuous wall expanses. (13) All designs shall incorporate the use of shrubbery and trees to reduce the appearance of height.
(14) The area between the underside of the building and finished grade should be completely enclosed, except as approved by design review.
(15) 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.
(16) A general storage area of at least 400 cubic feet, completely enclosed from view, shall be provided within each garage or carport, except as otherwise approved by design review.
(17) All developments should seek to minimize the difference between the natural grade and the finished project height by such methods as split level or stepping down the building along with the grade.

SECTION 35. Code Amendment. Section 25.39.010 (Intent and Purpose) of Chapter 25.39 (Specific Plan (Sarah Thurston Park)) of Title 25 (Zoning) is hereby is hereby amended as follows (additions shown in underline and deletion shown in strikethrough):

25.39.010 Intent and Purpose
The intent and purpose of this chapter is to establish specific development standards for Sarah Thurston Park, pursuant to the authority of Article 9, Chapter 3 of Division 7 of the California Government Code. It is recognized that the Thurston Park neighborhood, due to the size and configuration of pedestrian orientation, possesses special problems which are most effectively solved by specific plans and development controls. The regulations 281
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contained in this chapter are intended to implement and complement the development policies of the Thurston Park specific plan text. These policies, together with the development standards contained herein, form the development regulations for the neighborhood. All other ordinances and sections of the Laguna Beach Municipal Code shall also apply to Thurston Park, unless standards are inconsistent with the provisions of the specific plan, in which case the specific plan shall apply. (A) It is recognized that the Sarah Thurston Park neighborhood, due to the size and configuration of pedestrian orientation, possesses special problems which are most effectively solved by specific plans and development controls.
(B) The development policies for the Sarah Thurston Specific Plan area are contained within the text of the Sarah Thurston Specific Plan. (C) The intent and purpose of this chapter is to establish specific development standards for Sarah Thurston Park, pursuant to the authority of Article 8 of Chapter 3 of Division 1 of Title 7 of the California Government Code. (D) The regulations contained in this chapter are intended to implement and complement the development policies of the Sarah Thurston Park specific plan text.
(E) The policies in the Sarah Thurston Specific Plan text, together with the development standards contained herein, form the development regulations for the neighborhood.
(F) All other ordinances and sections of the Laguna Beach Municipal Code shall also apply to Sarah Thurston Park, unless standards are inconsistent with the provisions of the specific plan, in which case the specific plan shall apply.

SECTION 36. Code Amendment. Section 25.39.050 (Property development standards) of Chapter 25.39 (Specific Plan (Sarah Thurston Park)) of Title 25 (Zoning) is hereby is hereby amended as follows (additions shown in underline and deletion shown in strikethrough):
(A) General Provisions.
(1) All new construction within the specific plan planning area (except for structural improvements which total less than fifty percent of existing livable floor area) shall be conditioned upon upgrading the water supply system or providing an emergency water supply to the property which is acceptable to the fire department.
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(2) All construction shall be required to observe Type Five, one-hour construction requirements, and provide an approved automatic sprinkler system.
(3) Strict adherence to all other applicable Uniform Fire Code and Laguna Beach Municipal Code requirements concerning Fire Zone "A" shall also be observed.
(4) The maximum height of yard fencing and walls shall not exceed four feet. The height of such structures shall be determined as the height of the top of the fence or wall above the natural grade immediately adjacent to its location.
(B) Thurston Trailer Park (Lots 105-133, exclusive of Lot 111, a portion of Lots 134 and 135 and lettered Lots G, H and I).
(1) Population Density. A maximum density of twenty-seven mobile home units is permitted.
(2) Design Review. All new development is subject to design review as specified in Section 25.39.100.
(C) Thurston Park (Lots 1-83, 95, 96, 111, 136, 137, a portion of Lots 134 and 135, lettered Lots A-F and J-P and property situated southerly of Woodland Drive. refer to Figure 2 in the specific plan text).
(1) Legal Building Sites. Legal building sites are delineated on the land use plan map (Figure 3) of the specific plan. No additional building sites, other than Category 4 sites as defined in subsection (C)(5) of this section and lots which are demonstrated to be nonconforming, shall be created except by amendment of the specific plan, notwithstanding lots as defined in Section III of the specific plan.

Combinations of designated legal building sites may be created, however, without amending the plan, subject to the provisions of Title 21 of this code.
(2) Lot Coverage.
(a) Lots Under Four Thousand Square Feet. New construction shall not exceed thirty-five percent of lot area; for Lots 111 and 80, these open space requirements shall not apply, but
required setbacks must be observed.
(b) Lots Four Thousand Square Feet or Greater. New
construction shall not exceed forty percent of lot area. (c) For all lots, total floor space (excluding garage) shall not exceed fifty percent of total lot area.
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(3) Yard, Building Setbacks.
(a) Front Yards. A front yard is any yard facing either a street or an existing pedestrian easement indicated on the land use plan map. The front yard setback shall not be less than ten feet. Where the property abuts two or more pedestrian
easements, the second and third front yards shall not be less than six feet.
(b) Side and Rear Yards. Side and rear setbacks shall not be less than four feet.
(4) Building Height. Height of structures shall be measured from any point above the natural or finished grade, whichever is lesser. Height shall include floodplain requirements for elevation of the foundation. (a) Lots Under Four Thousand Square Feet. Two stories, not to exceed twenty feet;
(b) Lots Four Thousand Square Feet or Greater. Two stories, not to exceed twenty-five feet.
(5) Category 4 Sites.
(a) Category 4 sites, as shown on the land use plan map, shall not be considered legal building sites until a determination has been made by the design review board as to the development feasibility of the property. The design review board shall perform this responsibility based on public health and safety considerations, including geologic and hydrologic factors. (b) Development standards, including setbacks, shall be determined as part of the design review process, but in no case shall building heights exceed twenty-five feet at any point above the adjacent street or adjacent pedestrian
walkway, opposite the midpoint of the lot, whichever is lesser.

SECTION 37. Code Amendment. Section 25.39.100 (Design Review) of Chapter

25.39 (Specific Plan (Sarah Thurston Park)) of Title 25 (Zoning) is hereby is hereby amended as follows (additions shown in underline and deletion shown in strikethrough):

25.39.100 Design Review
All development is subject to design review as specified in Section 25.05.040. All new buildings, structures and physical improvements and relocations, additions, extension and exterior changes of or to existing buildings, structures and physical site improvements shall be subject to design review. Design review guidelines shall be governed by Section

25.05.040 of this code. The design review board, in carrying out the objectives of this 284
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section, should consider and evaluate the scale and character of existing development and overall neighborhood amenities. Application for a building permit and design review board action shall be accompanied by the following materials:
(A) Engineering geologic report prepared in accordance with Chapter 14.78; (B) Landscaping, grading and drainage plans, showing existing and proposed topography at two-foot contour intervals, plant types, sizes and locations, planting details, underground sprinkler system (if any) and drainage system for the entire site;
(C) Site plan and details showing all site constructions, including paved areas, storage areas, fences, trash enclosures, stairways, decks, patios, etc. The maximum height of yard fencing and walls shall not exceed four feet; (D) A site plan showing the precise location of all building on adjacent lots, their entranceways, window openings, and outdoor living areas, all in relation to the proposed building and lot, accurately drawn to scale; (E) Preliminary floor plans, elevations, architectural and site details color and material samples of exterior surface;
(F) Parking plan.

SECTION 38. All references to adopting a specific plan “pursuant to the authority of Article 9, Chapter 3, of Division 7 of the California Government Code” and “pursuant to the authority of Article Chapter 3 of Division 7 of the California Government Code” shall be repealed and replaced with the following language: “pursuant to the authority of Article 8 of Chapter 3 of Division 1 of Title 7 of the California Government Code.” SECTION 39. 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) with re-numbering and re-lettering to occur in numerical and alphabetical order:

Section 25.44.060 Architectural design criteria Design 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 Arch 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 projects in this zone reviewed by the city. Applicants should note that prior to city review, and to the extent permitted by law, the Three Arch Bay 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 to the extent permitted by law. The adoption of these design criteria will guide and ensure that all future growth contributes to a preservation of the community character. 285
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Findings. In order to approve a design review permit, the City’s reviewing authority must make the following findings in addition to the findings at LBMC Section 25.05.040(I):
(A) While individuality of architectural style should be achieved, the design should conform to the established small-scale building character which is sensitive to existing topography and view preservation. (B) All designs shall protect the privacy and views of neighboring properties especially in side and rear yard areas by providing architectural relief from large blank walls by proper placement of windows, porches, architectural pop-outs and other similar features.
(C) The minimum roof pitch on any building or structure shall be 3:12. Flat roofs and roof decks are prohibited.
(D) Roof-mounted solar collectors shall not be visible from any street view; the solar collector shall not exceed the ridge elevation of the roof. (E) All development shall strive to be compatible with surrounding homes and the community with respect to architectural character, style, scale, mass and color.
(F) Walls and fences should tie directly to the main building, enclosing only active use areas. Both wood and wrought iron fencing can be used when the material and color are compatible with the main building. (G) All landscape and hardscape plans shall address the functional aspects of landscaping such as drainage, erosion prevention, wind 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 40. 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. Roof decks are prohibited.
(1) Roof Pitch Exception. To preserve identified neighborhood view corridors, the design review authority may approve a roof pitch of not less than 2.5:12.
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SECTION 41. 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 standardsand 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 42. 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, on its own, be considered conclusive evidence that the property is not listed on the City’s historic register. 287
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SECTION 43. 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):
(B) Designation Procedures.
(1) 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.
(2) 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.
(3) 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 with the County.

SECTION 44. Code Amendment. Subsection (A) of Section 25.45.008 (Incentives to properties on the city’s historic register) of Chapter 25.45 (Historic Preservation) of Title 25 (Zoning) is hereby amended as follows (additions shown in underline and deletion shown in strikethrough):
(A) Parking. The following benefits are subject to Design Review Board approval, except when a conditional use permit is required for the project, in which case the City Council Planning Commission shall be the final approval authority, with a recommendation from the Planning Commission.

SECTION 45. 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) with re-numbering and re-lettering to occur in numerical and alphabetical order:
(A) Review. Prior to the issuance of a building permit to remodel or alter any historic resource, City staff shall review the proposed changes to determine 288
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if the proposal is consistent with the design review criteria, the Secretary of the Interior's Standards (SOIS) or the City's Local Design Guidelines.

Interior changes shall not be reviewed unless the changes will alter a character defining features of the historic resource or if the interior area is publicly accessible.
(B) If the project is found to be consistent with the SOIS or the City's Local Design Guidelines, but otherwise requires design review pursuant to Section 25.05.040(B), the Heritage Committee shall make a recommendation to the approval authority prior to design review. Repair or replacement of existing materials with in-kind or historically appropriate materials, in the same location, does not require design review approval.

Minor alterations may be subject to Section 25.05.040 (B)(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 review shall be required. The Heritage Committee shall make a recommendation to the approval authority prior to design review.
(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 review of the project to evaluate the project impacts to the property.
(E) Environmental Determination. During its review, the design review 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 exemption. (F) 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. (A) Any action pertaining to a historic resource that qualifies for Administrative Design Review 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 the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings (1995, 289
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Weeks and Grimmer), as amended from time to time, as determined by the Community Development Director, or other similar generally accepted resource, as determined by the Community Development Director, in addition to other required findings. Before the project is scheduled for Administrative Design Review pursuant to Section 25.05.040(B)(3), Heritage Committee must review the project and make a recommendation on the project.
(B) Major modifications, alterations, or other actions pertaining to historic resources that do not qualify for Administrative Design Review shall require approval of a design review permit pursuant to Section 25.05.040(B)(1).

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.
(C) Historic Resource Assessment. To evaluate whether a property is a historic resource or whether a project has effects on a historic resource, the Community Development Director may require a historic resource assessment report as follows:
(1) The Community Development Director 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.
(2) The Community Development Director 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.
(D) 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, as defined in California Code of Regulations, Title 14, Division 3, Chapter 11.5, Appendix A, as amended from time to time, that is to be retained.

SECTION 46. Code Amendment. Section 25.45.012 (Historic property disclosure) of Chapter 25.45 (Historic Preservation) of Title 25 (Zoning) shall be amended to read as follows:

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transaction, provide the buyer of the property with notice informing the buyer of the property's listing on the register. Distribution of a current Real Property Report issued pursuant to Section 14.76.090 of this code to the buyer shall satisfy the requirements of this subsection. (B) Penalty. Any person who violates the provisions of subsection (A) of this section shall be subject to the penalties and remedies specified in Section

14.76.090 of this code.

25.05.040 and the following standards:
(a) The maximum height shall not exceed 8 feet;
(b) The maximum pedestrian entry width shall not exceed 6 feet;
(c) The maximum width of each side of the pedestrian
entry for which there is proposed an architectural
transition from the nominal fence height shall not
exceed 3 feet.

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(2) The proposed use is a sidewalk cafe having outdoor seating available to restaurant customers, and when the outdoor seating is located on public property or right-of-way, to the general public as well, which contributes positively to the local pedestrian environment.

The parking reduction may be granted on a temporary or seasonal basis and shall be limited to a maximum of five spaces; and (3) The proposed use incorporates innovative parking solutions, such as a shuttle service program provided by the entity whose parking requirement has been reduced. Any proposed innovative parking solution shall provide parking mitigation measures at an equivalent ratio to the parking spaces required by Section 25.52.012(G) for the proposed intensification of use. An innovative parking solution shall be described in a detailed program which includes, but is not limited to, the number of otherwise required parking spaces that will not be provided, a detailed description of the proposed innovative solution, a detailed description of how the innovative solution provides an equivalent ratio to the number of parking spaces that would have been required without the innovative solution, and a detailed description of how the proposed solution is expected to offset impacts from the reduction in required parking spaces, supported by studies and/or examples. An example of a program for innovative parking solutions might include, but not be limited to, a shuttle service program provided by the entity whose parking requirement has been reduced that indicates the number and capacity of shuttle vehicles, the range of shuttle services, where shuttle vehicles are stored and the hours of shuttle service operation. At the discretion of the Director of Community Development, peer review of such a program may be required and paid by the applicant.

A parking study shall be prepared by a qualified engineer, retained by the entity whose parking requirement has been reduced, that reviews efficiencies, effectiveness and/or problems of the approved innovative parking solutions at one year and at five years from the date of their approval; and the study shall be provided to the City for review and assessment.

This Subsection 25.52.006(G)(3) shall expire five years from the date of effective certification of LCP-5-LGB-19-0139-1. If innovation solutions have been implemented pursuant to this section, and the required engineered parking studies demonstrate the effectiveness of those innovative parking solutions, a Local Coastal Program amendment may be requested to retain this subsection for an extended period. Such an LCPA shall include all necessary supporting documentation with submittal of the LCP amendment request.
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SECTION 49. Code Amendment. Subdivision (D) of Section 25.54.010 (Signs permitted on private property) of Chapter 25.54 (Sign Regulations) in Title 25 (Zoning) is hereby amended as follows (additions shown in underline and deletion shown in strikethrough):
(D) Master Sign Programs. A master sign program shall be submitted for review and approval in relation to new office or shopping center construction or substantial façade improvements of an existing office or shopping center, when either contain four or more businesses or uses prior to the issuance of any sign permits. (See the master sign program submittal requirements in Section 25.54.018(A).) In order to assure aesthetic compatibility, the approval authority Planning Commission may establish whatever conditions are deemed necessary to maintain appropriate design, continuity and harmony of the signage for the site.

SECTION 50. Code Amendment. Subdivisions (E), (F), and (G) of Section

25.54.018 (General Permit Procedures) of Chapter 25.54 (Sign Regulations) in Title 25 (Zoning) is hereby amended as follows (additions shown in underline and deletion shown in strikethrough):
(E) Signs Eligible for Administrative Approval. Except for luminous tube signs, signs may be eligible for administrative review and approval by the director of community development, if they meet the following criteria. At the discretion of the director, such signs may be referred to the appropriate approval authority the Planning Commission for review. Eligible signs include:
(1) Signs in compliance with an approved master sign program; (2) Signs that meet all of the following conditions:
(a) The sign(s) must meet all applicable design standards as set forth in this chapter, including but not limited to Section

25.54.010 and Tables 1 and 2 at the end of this chapter; (b) The sign(s) shall must not cause the total signage to exceed the maximum allowable sign area for the site; and
(c) The letter or font height must shall not exceed eight fourteen inches.
(3) Temporary signs which comply with the requirements of Section

25.54.020. Temporary signs or temporary sign programs for city council approved special events are not eligible for administrative approval.
(4) Replacement of signs previously authorized by a sign permit provided that the sign meets all applicable design standards as set 293
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forth in this chapter, including but not limited to Section 25.54.010 and Tables 1 and 2 at the end of this chapter.
(5) Signs that are not eligible for Administrative Approval shall be considered by the Planning Commission.
(F) Appeals of a Determination by the Community Development Director. Any person disagreeing with a determination of the Community Development Director or Planning Commission shall have the right to appeal in accordance with the appeal provisions in Section 25.05.070to the appropriate approval authority. The appeal must be filed within ten business days after such determination and shall be heard at the next regular meeting of the appropriate approval authority.
(G) Creativity Encouraged. Except for the community development department director, the approval authority The Planning Commission may, at his or her its discretion, grant permits for signs not otherwise in conformance with this chapter up to a twenty-five percent increase in allowable sign area or height, if it finds the sign design to be extraordinarily creative and significantly contributing to the charm and character of Laguna Beach.

SECTION 51. Code Amendment. Subdivision (A) of Section 25.54.026 (Arts Organizations) of Chapter 25.54 (Sign Regulations) in Title 25 (Zoning) is hereby added to read as follows:

25.54.026 Arts and cultural organizations
(A) Signs, Façade Changes and Sign Programs for Arts and Cultural Organizations. It is recognized that certain public benefit non-profit arts and cultural organizations, specifically such as the Festival of Arts, the Sawdust Festival, the Art-A-Fair, the Laguna Playhouse, the Laguna Art Museum and the Laguna College of Art and Design, conduct annual or ongoing special events which have special needs in terms of the audience or patrons they serve which may not be adequately addressed by the sign requirements applicable to private commercial enterprises.
(B) Criteria. The above a Arts organizations and cultural organization may apply for and receive approval for sign permits or sign programs, including façade changes, from the planning commission in accordance with the provisions of this section. The proposed plans for a sign, façade change or sign program must: (1) specify the size and design for each sign or façade change; (2) the maximum display term; and (3) the location of each sign.

The planning commission has complete discretion for these specifications, regardless of the other provisions of this chapter. The approved signs, façade changes or sign programs shall minimize clutter, be compatible with the village character of Laguna Beach, reflect an integration with the site's 294
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surroundings, promote the purpose and mission of the arts organization and not significantly differ from the historic pattern of the arts and cultural organization's signage and façade presentation.
(C) Administrative Approval. The planning commission may authorize administrative approval by the director of community development for new signs or changes to existing signs subject to and in accordance with an approved sign program. The planning commission may establish special criteria for such administrative approvals by the director when it approves an arts and cultural organization's sign program.
(D) Commercial Events. Signs for any type of private commercial events located at an arts and cultural organization's site shall require separate sign permits and be subject to the requirements of this chapter.

SECTION 52. Code Amendment. Subdivision (H) of Section 25.55.006 (Permits Required) of Chapter 25.55 (Wireless Communication Facilities) is hereby added to read as follows:

Section 25.55.006 (Permits Required)
In addition to the permit requirements described below, the permit requirements of Chapter 25.07 Coastal Development Permits remain applicable except when inconsistent with federal law.
. . .
(H) Exemptions. Wireless Communications Facilities owned and operated by the City or other local or regional public agency do not require a permit under this Chapter. Such exempt wireless communications facilities shall fully comply with other applicable requirements of the Laguna Beach Municipal Code.

SECTION 53. Code Amendment. Section 25.56.011 (Major Remodels) is hereby added to Chapter 25.56 (Nonconforming Buildings, Lots, and Uses) of Title 25 (Zoning) to read as follows:

Section 25.56.011 (Major Remodels)
Whenever modifications to an existing building or structure constitute a major remodel, the construction shall be classified as a new building or structure subject to the current development standards of the subject zone, and all requirements applicable to the construction of a new building or structure including undergrounding requirements, required dedication of on- and off-site improvements, and payment of new development fees.

SECTION 54. Code Amendment. Chapter 25.58 (Amendments to General Plan) is hereby added to Title 25 (Zoning) to read as follows:
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Chapter 25.58 (Amendments to General Plan)

25.58.010 Purpose
The purpose of this chapter is to establish procedures for making changes to the General Plan, as provided for in applicable law when there are reasons to do so. These circumstances include, without limitation, changes in applicable law, in the public interest, property owner interest, opportunities that were unanticipated at the time of General Plan adoption or the last amendment, or as required by State law.

25.58.020 Applicability
(A) The procedures of this chapter apply to all proposals to change the content of the General Plan.
(B) The City Council, by resolution, shall establish and from time to time amend a schedule of fees imposed for any initiation or application to change the content of the General Plan.

25.58.30 Initiation of Amendments
(A) Request. A request to initiate an amendment to the General Plan may be submitted by an applicant or the City. This request must occur before the City processes any applications associated with the request to amend the General Plan.
(B) Initiation Factors. The following factors must be considered by the City Council for the initiation of a non-City applicant’s proposed General Plan amendment:
(1) The amendment proposed appears to be consistent with the Guiding Principles and Goals of the General Plan;
(2) The amendment proposed appears to have minimal to no material effect on the community or the General Plan;
(3) The amendment proposed provides additional public benefit to the community as compared to the existing land use designation or policy;
(4) Public facilities appear to be available to serve the affected site, or their provision will be addressed as a component of the amendment process; or
(5) The amendment proposed is required under other rules or regulations.
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(C) Public Hearing. The City Council will consider, deliberate, and act upon the initiation of all proposed General Plan amendments at a duly noticed public hearing. If the General Plan Amendment request is not initiated, then the General Plan Amendment application will not be processed by the City. (D) Expiration. If a request to initiate a General Plan Amendment is approved by City Council, a General Plan Amendment application must be submitted within two years from the date of initiation. If no application for a General Plan Amendment is submitted within this time period, the approved initiation shall expire, become null and void, and shall not be subject to an extension.

25.58.040 Planning Commission Hearing and Recommendation (A) Hearing. Following City Council initiation and project processing by the City, the Planning Commission must conduct a duly noticed public hearing. (B) Recommendation to Council. Following the public hearing, the Planning Commission must make a written recommendation on the adoption or amendment of the General Plan or any Element thereof based on the findings listed below. A recommendation for approval must be made by a resolution carried by an affirmative vote of not less than a majority of the Planning Commission membership in accordance with California Government Code Section 65354. The Director must promptly transmit to the City Council the Planning Commission’s written recommendation, together with any maps, charts, studies, or other materials, including any required environmental analysis.
(C) Required Findings. The Planning Commission must make all of the following findings in its recommendation to the City Council:
(1) The amendment is consistent with the guiding principles and goals of the General Plan.
(2) The amendment is deemed to be in the public interest.

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(C) Required Findings. The City Council must make all of the following findings to amend the General Plan:
(6) The amendment is consistent with the guiding principles and goals of the General Plan.
(7) The amendment is deemed to be in the public interest.

SECTION 55. Section 21.08.030 (Lot Line Adjustments exempted.) of Chapter

21.08 (Subdivisions) in Title 21 (Plats and Subdivisions) is hereby amended as follows (additions shown in underline and deletion shown in strikethrough):

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(9) The project does not impair any existing access, create a need for new access, impair any existing easements or create a need for any new easements serving any adjacent lots or parcels.
(B) Application. Lot line adjustment applications shall be filed by the legal owner(s) on a form prescribed by the Director of Community Development and submitted with a fee as established by resolution of the City Council.

Since the forms, if approved, must be filed for record with the Orange County recorder they shall be drawn in a clear, legible, and professional manner using conventional surveying or civil engineering techniques. An acceptable current title report, excerpt or lot book report that verifies the legal ownership of the parcels under consideration shall be submitted. (C) Approval Authority. All lot line adjustments are considered development and therefore require a Coastal Development Permit in the Coastal Zone. Other permits may also be required.
(1) An application for a lot line adjustment shall be reviewed in conjunction with whatever other permits are required for the project in the underlying zone; the approval authority for the lot line adjustment shall be the same as the approval authority for the permits required by the underlying zone or other City rule or policy. (2) In the case where the project only requires a lot line adjustment and a coastal development permit, the project applications may be approved or denied by the Director of Community Development. The Department of Community Development shall set a public hearing date before the Director of Community Development or designee and noticing shall be provided in accordance with the requirements of Section 25.05.065 and Section 25.07.014.
(D) Recording. Any failure to file for the record an approved lot line adjustment form within ninety days from the date of approval by the City Council Director of Community Development, or from the date of a final decision, whichever is later, shall result in a termination of approval unless prior to expiration an application for extension not to exceed an additional ninety days is submitted in writing for approval by the Director of Community Development.

SECTION 56. Code Amendment. Section 22.10.010 (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 permit shall not be required for any of the following conditions, but in all other respects the provisions of this title shall apply:
. . .
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(6) Backfill for a swimming pool if authorized by a valid building permit.

SECTION 57. 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 58. CEQA. This Ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines Section 15301 because it consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. Here, the action meets the exemption because the City is amending its code to improve procedural efficiencies and to comply with state law. The City is not authorizing new uses that are not already established within the City through this ordinance. Furthermore, under State CEQA Guidelines Section 15265, CEQA does not apply to activities and approvals pursuant to the Coastal Act necessary for the preparation and adoption of a local coastal program because the Coastal Commission’s LCP review and approval procedures have been found to be functionally equivalent to the environmental review process. Therefore, the adoption of the Ordinance amending the City’s local coastal program is statutorily exempt from CEQA. City staff is directed to cause to be filed within five calendar days a notice of exemption with the County and State Clearinghouse.

SECTION 59. Effective Date. This Ordinance shall become effective upon the certification of this Local Coastal Program Amendment by the California Coastal Commission.

SECTION 60. Local Coastal Program Amendment. The City Council hereby requests the California Coastal Commission consider, approve, and certify this LCP Amendment to amend the Sarah Thurston Specific Plan as set forth in Exhibit A in accordance with LBMC Section 25.07.026(E). The City Council hereby acknowledges that, if the California Coastal Commission certifies the amendment without any suggested modifications, the amendment is effective immediately pursuant to 14 CCR Section 13544(b). If the California Coastal Commission conditionally certifies the amendment with suggested modifications, however, the amendment is effective upon the City’s acknowledgment of receipt of the California Coastal Commission’s action, the City’s acceptance and agreement to any such terms and modifications, and the City’s final action to satisfy the terms and modifications pursuant to 14 CCR Section 13522(c).

SECTION 61. Publication. The City Clerk shall certify to the adoption of this Ordinance. Not later than fifteen (15) days following the passage of this Ordinance, the 300
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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.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Laguna Beach, California, at a regular meeting of the City Council held on the ____ day of ______, 2026.

CITY OF LAGUNA BEACH:
________________________________
Mark Orgill
Mayor
ATTEST:
__________________________________
Ann Marie McKay
City Clerk
APPROVED AS TO FORM:
__________________________________
Megan Garibaldi
City Attorney
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STAFF REPORT
Meeting Date:

May 12, 2026

NON APPEAL
22 SUBJECT: FIRST READING OF DESIGN REVIEW EFFICIENCY ORDINANCE AND

EFFICIENCY ORDINANCE
RECOMMENDATION: It is recommended that the City Council:

1. Waive full reading and introduce by title only an Ordinance titled, "AN ORDINANCE OF THE

CITY COUNCIL OF LAGUNA BEACH, CALIFORNIA, AMENDING ITS LOCAL COASTAL PROGRAM AND MUNICIPAL CODE TO MODIFY TITLE 25 (ZONING), TITLE 21 (SUBDIVISIONS), AND TITLE 22 (EXCAVATING, GRADING, AND FILLING) TO STREAMLINE THE DESIGN REVIEW AND OTHER PERMIT PROCESSES; AND FINDING

SAID ACTION EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT UNDER CEQA GUIDELINES SECTION 15301;

2. Waive full reading and introduce by title only an Ordinance titled, "AN ORDINANCE OF THE

CITY COUNCIL OF THE CITY OF LAGUNA BEACH, CALIFORNIA, AMENDING ITS MUNICIPAL CODE TO MODIFY CHAPTER 7.25 (NOISE), 12.08 (PRESERVATION OF HERITAGE TREES), 12.16 (VIEW PRESERVATION AND RESTORATION), AND 17.50 (PRIVATE SEWER LATERALS) TO IMPROVE CONSISTENCY WITHIN THE CODE; AND

FINDING SAID ACTION EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT UNDER CEQA GUIDELINES SECTION 15301”;

3. Direct staff to return with the Ordinances, identified in recommendations 1 and 2, above, for a second reading and adoption at the May 26, 2026, City Council meeting;

4. Direct City staff to present an urgency version of the Design Review Efficiency Ordinance at the May 26, 2026, City Council meeting;

5. Direct City staff to return with proposed City Council resolution with revisions to the Design Guidelines – A Guide to Residential Development that are consistent with the revisions to the Design Review Efficiency Ordinance;

6. Give further direction as to the policy regarding concept review for certain capital improvement program projects, direct City staff to draft a Resolution memorializing the City staff policy for such concept reviews, and direct City staff to bring the draft Resolution to the May 26, 2026, City Council meeting for adoption; and

7. Find that the recommended actions are exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301.

SUMMARY OF THE MATTER
The processing of development applications in the City of Laguna Beach (“City”) has always been complex, but in recent years, changes in State law, which direct a faster and more objective pathway to approval, as well as poor customer service concerns regarding the burdensome Zoning Plan Check process, have highlighted the need to improve the City’s plan review procedures. In response, City staff has been Attachment 5
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evaluating measures to improve efficiency within the Community Development Department. As part of that effort, staff prepared a Design Review Efficiency Ordinance (“DR Efficiency Ordinance”). (Attachment 1, Exhibit A.) A high-level summary of the DR Efficiency Ordinance and the changes it proposes to make is attached. (Attachment 2.)
Before arriving at this version of the DR Efficiency Ordinance, the City held a community workshop on October 1, 2024 to gain feedback on the development of the DR Efficiency Ordinance. City staff then released to the public a cover letter summarizing the DR Efficiency Ordinance changes and the DR Efficiency Ordinance itself for purposes of gathering feedback to incorporate into the ordinance. Then the City Council, the Planning Commission, and the Design Review Board all met in a joint session on Wednesday, March 12, 2025 to discuss a revised version of the DR Efficiency Ordinance, based on feedback from the public. Based on the joint session, City staff presented further revisions to the draft ordinance to the City Council for additional feedback on April 8, 2025, July 22, 2025, and November 18, 2025.

While City staff was updating the DR Efficiency Ordinance after the July 22, 2025 City Council meeting, City staff identified that some of the needed revisions are not part of the City’s certified Local Coastal Program (“certified LCP”) and therefore should be removed from the DR Efficiency Ordinance and put into an ordinance that only amends the City’s Municipal Code (the “Efficiency Ordinance”). (Attachment

3.) Also, after the July 22, 2025 City Council meeting, City staff submitted the draft DR Efficiency Ordinance to California Coastal Commission staff for review and comment.

In response to that feedback and prior feedback from the City Council, staff made minor revisions and presented an updated draft of the DR Efficiency Ordinance to the Planning Commission on March 18, 2026.1 At that meeting, the Planning Commission recommended that the City Council adopt the draft ordinance with the modifications presented by staff during the staff presentation,2 and with the following additional modifications:

Planning Commission-Recommended Changes
(1) The Community Development Director is authorized to refer a project that is exempt from Design Review to the appropriate Design Review authority;
1 In accordance with California Government Code Sections 65853–65857, the Planning Commission is generally required to conduct a review of a proposed zoning ordinance or an amendment to a zoning ordinance. Because the Efficiency Ordinance does not amend Title 25 (Zoning), the Planning Commission’s review was limited to consideration of the draft DR Efficiency Ordinance.
2 The changes proposed by staff at the meeting, which were incorporated into the Planning Commission’s motion recommending City Council adoption of the DR Efficiency Ordinance, include the following: (1) for the design review triggers, building height would be measured consistent with the definition for building height in Chapter 25.08 of the Municipal Code; (2) fill terraces more than three feet above grade would require Administrative Design Review, consistent with the requirements for elevated decks more than three feet above grade; (3) the public hearing waiver process for projects that require Administrative Design Review would not apply to alterations to historic resources nor to elevated decks, terraces, or similar features more than three feet above grade; and (4) Heritage Committee review would be required when Administrative Design Review is required for minor alterations to a historic resource.
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(2) The Design Review requirements for certain building and landscape improvements at or above 16 feet shall be modified to set the threshold at 15 feet or higher; (3) Incorporate a Design Review requirement for roof alterations that change the roof dimensions or roof pitch; and
(4) Remove the proposed new allowances for luminous tube signs.

All of the above-mentioned Planning Commission-recommended changes have been implemented into the ordinance.

As discussed further below, the Planning Commission also recommended that all capital improvement projects (“CIP”), except for “de minimis” development, be presented to the Planning Commission for concept review prior to entitlement. Such policy direction to City staff by the City Council would be memorialized by City Council resolution, presented at a future meeting (at second reading and adoption). (The March 18, 2026 Planning Commission staff report, public comments, and adopted Planning Commission Resolution No. 2026-0381 with the Planning Commission’s recommended redlined changes to the DR Efficiency Ordinance are attached as Attachments 4 through 6, respectively.) Following the March 18, 2026 Planning Commission meeting, staff received a third set of comments from California Coastal Commission staff. While revising the DR Efficiency Ordinance to address the third set of Coastal Commission staff comments, staff also identified additional modifications that could appropriately be incorporated into the ordinance. To distinguish these revisions from the version recommended by the Planning Commission, staff prepared a redlined draft showing all changes made since the version of the ordinance that the Planning Commission recommended (Attachment 1), which is recommended for introduction and first reading.

City staff is recommending that the City Council: (1) introduce and waive the first reading of the DR Efficiency Ordinance and the Efficiency Ordinance; (2) direct City staff to return with urgency version of the DR Efficiency Ordinance for consideration by the City Council at the second reading of the non-urgency version; (3) give further direction as to the policy regarding concept review for certain capital improvement program projects and direct City staff to draft a Resolution memorializing the City staff policy for such concept reviews; and (4) find the actions exempt under State CEQA Guidelines Section 15301.

DISCUSSION
In an attempt to both meet the goals of the City's Housing Element and to address larger concerns about delays and the slow pacing of project approvals, City staff has identified changes to specific parts of the Laguna Beach Municipal Code (“LBMC”) that relate to the Community Development Department’s processing of applications. The DR Efficiency Ordinance does four primary things:

1. 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 concept of “Zoning Clearance,” 304
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whereby a project that does not require a planning entitlement may be approved by a planner to authorize the next step in the permit process, typically culminating in the issuance of a building permit.

2. Triggers for Design Review.

These changes focus on reducing the level of design review required for various project types. a. Inverting the Design Review relationship. Today, all development requires Design Review approval, unless explicitly exempted by the LBMC. The DR Efficiency Ordinance would instead state that Design Review is required only for those projects clearly identified by the LBMC as requiring Design Review.
b. Adding to the Types of Projects that are Exempt from Design Review. These include, but are not limited to:
• Changes that do not constitute a major remodel
• Improvements that do not exceed a height of 15 feet above adjacent ground elevation • Re-roofing of buildings, except for white roofing materials or materials that result in glare
• Annual weed abatement and fuel modification
• Certain hardscape and landscaping improvements
• Swimming pools and spas no more than three feet above adjacent ground elevation, and portable spas that do not exceed 600 gallons
• Mechanical equipment that meet certain noise standards and other requirements • Above-ground utility structures less than four feet in height when incorporating colors, finishes, and landscaping to minimize visual impact
• New primary dwelling units that do not exceed a height of 15 feet and a single story, with greater setbacks than those required by the underlying zone as specified, and otherwise complying with all applicable objective development standards in the Zoning Code
• De Minimis capital improvement projects, as defined.
c. Reducing the Level of Design Review to Administrative Design Review. These changes add to the types of Design Review projects that can be heard by City staff rather than the Design Review Board or Planning Commission. Staff is also proposing to institute a public hearing waiver process where staff will issue public notice to determine if neighbors would like for a hearing to be held on a proposed application.5 If the noticed neighbors do not respond by requesting a public hearing, the project would be approved without a public hearing. Projects subject to Administrative Design Review would include, but are not limited to the following:
5 The public hearing waiver process would not apply to minor alterations to historic resources nor to decks, slabs, terraces, or patios elevated more than three feet above grade. Such projects would require both public hearings and certified staking. 305
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• Certain landscaping
• Decks more than three feet above adjacent ground elevation • Minor alterations to historic resources, provided that such alterations have 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
• Mechanical equipment that does not meet certain objective development standards • Minor capital improvement projects, as defined
The Community Development Director would be authorized to refer Exempt from Design Review (Zone Clearance) and Administrative Design Review projects to the Design Review Board or Planning Commission if the Director deems it appropriate.

Staff acknowledges that some community members have expressed concern regarding the proposal to reduce the level of design review required for certain types of projects. Chief among these concerns is that decisions would be made by a single staff member rather than by the full fivemember Design Review Board or Planning Commission. Some have also noted that, as a matter of past practice at Administrative Design Review hearings, projects that generated public opposition were often referred to the Design Review Board or Planning Commission for consideration.

Staff recognizes that this practice has occurred in the past; however, it has functioned as an informal protocol rather than a codified requirement. In staff’s view, a more nuanced approach is warranted.

The presence of public opposition alone does not necessarily justify elevating a project to a higher review body. In staff’s opinion, to maintain the integrity of all discretionary reviews, the decisionmaking authority – whether an individual like the Community Development Director or their designee, or an appointed body like the Design Review Board or Planning Commission, or the City’s legislative body, the City Council – should weigh the evidence and make a decision based on the required findings. In practice, even a single opponent, regardless of the merit of their concerns, could trigger the additional time and expense associated with a review by the Design Review Board or Planning Commission, and otherwise delay a project needlessly that complies with the City’s design guidelines, General Plan, and Zoning Ordinance.

Under the current framework, the hearing administrator, serving as an independent decision-maker over Administrative Design Review applications, reviews the record and renders a determination, which is subject to appeal. This process provides an appropriate balance between efficiency and accountability.

That said, staff notes that the DR Efficiency Ordinance includes an appeal procedure that allows a member of the City Council, on his or her own initiative, to review a decision of the Community Development Director or designee by filing a written request with the City Clerk within fourteen days of the decision, in which case the “request for review” will be scheduled on the following City Council agenda for consideration as to whether the City Council should schedule a public hearing 306
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to hear the merits of the decision (which requires an affirmative majority vote of the City Council members). (See DR Efficiency Ordinance [Modifications to Section 25.05.070].) It should also be noted that the DR Efficiency Ordinance modifies the appeal procedures to establish that any decision by the Community Development Director or designee on a discretionary permit may be appealed to the Design Review Board or Planning Commission, as applicable.7 In conclusion, under the proposed ordinance, projects with a greater potential to generate neighborhood interest would continue to require review and approval by the Design Review Board or Planning Commission. The proposed ordinance reflects broader changes in State law, which increasingly favor a more objective and streamlined entitlement process, with shorter timelines for action on development applications. The ordinance is also intended to respond to longstanding concerns regarding the pace and complexity of the City’s entitlement process. In addition, Planning Division management remains concerned that, absent meaningful process improvements, the City may face increasing difficulty in recruiting and retaining planning staff. Recent changes in State housing law have contributed to a more adversarial and litigious development review environment, placing planners in an increasingly difficult position. A decade ago, these changes would not have been necessary and likely would not have been recommended by staff. Given the current legal and operational environment, however, staff is asking the City Council to reaffirm the proposed direction of the DR Efficiency Ordinance.

3. Consolidation of Design Review Criteria.

The 16 design review criteria have been consolidated into the following 10 criteria. These changes help staff operate more efficiently and reduce the potential for mistakes and delays.

1. Access

2. Design Articulation

3. Environmental Context

4. Historic Preservation

5. Landscaping

6. Lighting and Glare

7. Neighborhood Compatibility

8. Pedestrian Orientation

9. Privacy

10. View Equity
7 On May 12, 2026, staff will be presenting a draft fee schedule to the City Council for adoption, which would take effect on July 1, 2026 with the start of the new fiscal year. As discussed at the April 14, 2026 City Council study session regarding the fee schedule update, staff is proposing to increase the appeal fee. Currently, the appeal fee applies only to appeals to the City Council, as administrative decisions cannot be appealed to the Design Review Board or Planning Commission. Because a new category of appeal is proposed to be established with the DR Efficiency Ordinance, the appeal fee to the Design Review Board or Planning Commission, as appropriate, and the appeal fee to the City Council will be discussed at the separate fee schedule discussion on the agenda. 307
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This consolidation of the design review criteria will necessitate corresponding changes to the Design Guidelines - A Guide to Residential Development, which will be presented to the City Council on May 26, 2026 in conjunction with the second reading of the DR Efficiency Ordinance.

4. Other and Miscellaneous Changes.

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. These changes would remove duplicative language that is redundant to the design review criteria and would also re-word certain 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.

5. Public Works Projects.

With labor and materials costs significantly increasing in the recent past (all indications are that this will continue), any delay or longer-term review process causes a project's budget to often be significantly below the final bid costs. As such, staff proposes the following changes:

Proposed
Item
Exempt
from
DR
Admi
n DR
DRB,
PC, or
CC
What Code
Says Now
City of Laguna Beach Public Works
Projects/ CIP Items
De Minimis. (i) Fuel modification project
or program; (ii) emergency projects; (iii)
roadway or trail improvements within
existing rights-of-way; (iv) pipeline, such
as storm drain and sewer, installation,
repair and maintenance; minor alterations
to utilities; (v) alterations and repairs to
parking lots; (vi) small habitat restoration
projects as defined in Section 15333 of the
CEQA Guidelines; (vii) sign replacements
in the same size with similar materials, at
the determination of the Community
Development Director; (viii) in kind
replacement of improvements for repair
and maintenance; (ix) similar projects as
determined by the Community
Development Director in consultation with
other affected department heads.

X
Admin DR
for repair
and
maintenance
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Minor. (i) alterations to existing facilities
resulting in exterior changes; (ii) roadway
or trail extensions within existing rightsof-way; (iii) replacement or renovation of damaged facilities or structures resulting in
exterior design changes; (iv) small
additions to existing structures resulting in
exterior changes); (v) construction or
demolition of small structures resulting in
site or building design changes; (vi) slope
and wall repair for public infrastructure.

X PC
Major. (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-ofway, removal or existing facilities, removal of significant vegetation (unless
part of a fuel modification project or
program) and/or major changes to
community character.

PC PC
The Planning Commission has recommended that all Capital Improvement Program (“CIP”) projects, except those considered de minimis development, be presented to the Planning Commission for concept review before entitlement. If the City Council concurs, staff will prepare a resolution for consideration at the second reading that would establish a policy directing staff to present all non-de minimis CIP projects to the Planning Commission for concept review prior to entitlement.

To assist the City Council in considering this policy, staff has prepared a list of projects that would fall within the two categories requiring concept review hearings under the Planning Commission’s recommendation. These examples are based on recent or ongoing City projects processed by the Public Works Department.
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Major CIP Project Minor CIP Project
• Fire Station No. 4 – new building • Mermaid Parking Lot – new planter walls and updated landscaping
• Promenade on Forest – conversion of street
to pedestrian plaza
• Ocean Avenue and Beach Street –
pedestrian improvements including curb
bulb-outs; new landscaping
• Jahraus Park – refreshing park amenities,
including hardscape repairs, retention of
existing landscaping with more limited new
plantings, accessibility upgrades, bollard
lighting, and a new bulb-out
• Bluebird Sewer Lift Station Replacement
• New enclosed lifeguard tower
As discussed above, de minimis CIP projects would be exempt from the concept review process. These projects generally include in-kind repair and replacement work involving limited alterations, fuel modification, habitat restoration, and various utility improvements. As an alternative to the Planning Commission’s recommendation, the City Council could consider directing staff to require concept review for all major CIP projects, as well as only those minor CIP projects located within defined geographic areas that may be especially prominent or sensitive within the community, such as the Downtown Specific Plan area or beach locations.

Finally, it should be noted that any policy direction regarding concept review would serve as a baseline rather than a limitation. Staff would retain the ability to exercise judgment and discretion in bringing additional projects to the Planning Commission for concept review based on factors such as known community interest or opportunities to consider alternative design approaches—particularly for projects that are not heavily constrained by functional, operational, or technical requirements and that involve architectural design considerations rather than purely engineering elements.

FINANCIAL ANALYSIS
The recommended action has no fiscal impact on the City other than the expenditure of City staff time.

ENVIRONMENTAL ANALYSIS
The recommended action is exempt under the California Environmental Quality Act under CEQA Guidelines Section 15301 because it consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. Here, the recommended action meets the exemption because it involves processing of ordinances and other related actions that are affecting the organization and procedures within the city and modifications to some standards for existing uses that will not result in an expansion of the existing use. Upon taking the recommended action, city staff will cause to be filed within five calendar days a notice of exemption with the county and state clearinghouse.
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ATTACHMENTS

1. Design Review Efficiency Ordinance (Redlined Version) (Pgs. 11-75)

2. Chart of Design Review Efficiency Ordinance (Pgs. 76-82)

3. Efficiency Ordinance (Pgs. 83-88)

4. 3/18/26 PC Staff Report (Pgs. 89-96)

5. 3/18/26 PC Public Comments (Pgs. 97-120)

6. 3/18/26 PC-Adopted Resolution No. 2026-0381 with Exhibit A, Ordinance with Redlines Recommended by PC (Pgs. 121-191)
Submitted By: Matthew Schneider Approved: .David A Kiff Matthew Schneider, Director of
Community Development
Dave Kiff, City Manager
Report Prepared By: Coordinated With:

Anthony Viera, Deputy Director of Community
Development
Jane Abzug, Assistant City Attorney
Thomas Perez, City Engineer
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ORDINANCE NO. XXXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF LAGUNA BEACH, CALIFORNIA, AMENDING ITS

LOCAL COASTAL PROGRAM AND MUNICIPAL CODE
TO MODIFY TITLE 25 (ZONING), TITLE 21
(SUBDIVISIONS), AND TITLE 22 (EXCAVATING,

GRADING, AND FILLING) TO STREAMLINE THE
DESIGN REVIEW AND OTHER PERMIT PROCESSES;

AND FINDING SAID ACTION EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT UNDER
CEQA GUIDELINES SECTION 15301
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, the City is located within the California State Coastal Zone; 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, 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.

Attachment 6
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SECTION 2. Code Amendment. Section 25.05.015 (Form of application, fees, and permit compliance.) of Chapter 25.05 (Administration) of Title 25 (Zoning) is hereby amended to read as follows (additions shown in underline and deletion shown in strikethrough):
(A) Prescribed by the Director of Community Development. (1) The Director of Community Development shall prescribe the form and scope of all variances, changes of district boundaries or reclassifications, general plan amendments and all other planning or development applications as identified in Chapter 25.05, and of accompanying data to be furnished so as to assure the fullest practicable presentation of facts for proper consideration of the matter and for the permanent record. Forms for such purposes may be provided.
(2) Each planning and development application shall include verification by at least one of the owners of property involved or their authorized agent attesting to the truth and correctness of all facts and maps presented with such application.
(3) Applications filed pursuant to this Title shall be numbered consecutively in the order of their filing and shall become a part of the permanent official records of the Department of Community Development and shall be attached thereto and permanently filed therewith copies of all notices and actions pertaining thereto.
(B) Complete Planning and Development Applications.
(1) Except as otherwise prescribed by law, no later than 30 calendar days after receipt of a planning or development application, the Department of Community Development shall determine whether the application is complete or incomplete.
(2) In the event an application is determined to be incomplete, the applicant shall be notified as to additional materials required to continue processing the application.
(3) Within 30 calendar days of receipt of supplemental materials requested for applications previously determined incomplete, the Department of Community Development shall determine whether the application is complete.
(4) A decision determining an application to be incomplete may be appealed to the City Council by the applicant. The fee for such appeal is to be determined by City Council resolution.
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(C) Signatures. If signatures of persons other than the applicant are required, or offered in support of or in opposition to the application, they may be received as evidence of notice having been served upon them of the pending application or as evidence of their opinion on the pending issue, but they shall in no case infringe upon or govern in the free exercise of the powers vested in the City of Laguna Beach. (D) Filing Fee Collection. Before accepting for filing any request or application submitted relative to Title 25 of this Code, the Department of Community Development shall charge and collect a filing fee for each such request or application as determined by resolution of the City Council to cover the cost of making maps, sending out notices, and other incidental administrative expenses involved in the handling of the matter, including written staff reports. An application cannot be deemed complete without the payment of the require application fee.
(D) Refund of Filing Fees. Refund of all or any portion of the filing fees may be ordered by the Director of Community Development.
(E) Conformance by Officials. All officials or public employees vested with the duty or authority to issue permits or licenses where required by law shall conform to the provisions of this Title.
(F) Application. The provisions of this Title shall apply to all buildings, improvements, lots and premises, or portions thereof, owned, leased, operated or controlled by the City or any Department or officer thereof, or by any other municipal or quasimunicipal corporation or government, or any Department, Board or officer thereof. (G) Expiration of Application. If an applicant fails to provide any additional information requested by the Department of Community Development within ninety (90) days of the date the application was deemed incomplete, the application shall expire and have no force and effect, unless otherwise required by state law.

After the expiration of an application, future City consideration shall require the submittal of a new, complete application and associated filing fees.

SECTION 3. Code Amendment. Subsection (H)(1) of Section 25.05.025 (Variances) of Chapter 25.05 (Administration) of Title 25 (Zoning) is hereby amended to read as follows (additions shown in underline and deletion shown in strikethrough):
(H) Effective Date/Expiration Date.
(1) Decisions on Variance applications by the Board of Adjustment or Planning Commission, as applicable, shall become effective ten business 14 calendar days after the date of the decision, unless appealed to the City Council. 314
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SECTION 4. Code Amendment. Subsection (I)(1) of Section 25.05.030 (Conditional Use Permits) of Chapter 25.05 (Administration) of Title 25 (Zoning) is hereby amended to read as follows (additions shown in underline and deletion shown in strikethrough):

C. Effective Date/Expiration Date.
(1) Decisions on Conditional Use Permit applications by the Planning Commission shall become effective ten business 14 calendar days after the date of the decision, unless appealed to the City Council.

SECTION 5. Code Amendment. Section 25.05.040 (Design Review) of Chapter 25.05 (Administration) of Title 25 (Zoning) is hereby repealed and replaced to read as follows:

A. Intent and Purpose.
(1) The design review process is intended to achieve the following goals:
(a) That development projects comply with the applicable standards and design review findings and criteria;
(b) That development projects focus on quality designs, within a neighborhood context that results in creative design solutions for the City;
(c) That development occurs with an orderly and harmonious appearance, including associated facilities, such as signs, landscaping, and parking areas;
(d) That the development review process considers public and private views;
(e) That public health, safety, and general welfare throughout the City is paramount;
(f) That there is effective implementation of the applicable general and specific plan policies; and
(g) That development projects comply with the policies of the certified Local Coastal Program, including, but not limited to, the shoreline access, open space, environmentally sensitive habitat, hillside protection, and visual resource policies.
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(2) Approval Authority.
(a) The Design Review Board or Planning Commission, as appropriate, is the approval authority for Design Review projects identified in Section 25.05.040(B)(1).
(b) The Community Development Department is the approval authority for projects that are Exempt from Design Review (Zone Clearance), as specified in Section 25.05.040(B)(2).
(c) The Director of Community Development is the approval authority for Administrative Design Review as specified in Section

25.05.040(B)(3).
(d) The Director of Community Development, at his or her sole discretion, is authorized to refer projects that are subject to Administrative Design Review or exempt from Design Review, as specified in Sections 25.05.040(B)(3) and 25.05.040(B)(2), to the Design Review Board or Planning Commission, as appropriate. In determining whether to make such a referral, the Director may consider whether the project:
(i) Could alter significant physical characteristics within an unusually sensitive or highly visible area;
(ii) May create impacts on surrounding properties, based on staff review of the project or issues identified in prior Design Review proceedings; or
(iii) Presents other circumstances that, in the Director’s judgment, warrant review by the Design Review Board or
Planning Commission.
(e) Development Subject to Design Review, Exempt from Design Review (Zone Clearance), and Administrative Design Review may still require a Coastal Development Permit pursuant to the provisions of Chapter 25.07.

B. Development Subject to Design Review, Exempt from Design Review (Zone Clearance), and Administrative Design Review.
(1) Design Review. Design Review before the Design Review Board or Planning Commission, as appropriate, at a public hearing shall be required for the following projects:
(a) Demolition, alteration, or addition that constitutes a major remodel.

A landscape plan and an exterior lighting plan is required for such major remodel;
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(b) All new buildings, except as otherwise provided in Section

25.05.040(B)(2) relating to ADUs and new primary dwelling units.

A landscape plan and an exterior lighting plan is required for new buildings under this subsection;
(c) Any improvement that exceeds a height of 15 feet, measured in accordance with the definition of “Height, building” in Chapter

25.08 (from the finished floor or from natural or finished grade, whichever is more restrictive or lower). A landscape plan and an exterior lighting plan is required for such improvement; (d) Major modifications, alterations, or other actions pertaining to historic resources that do not qualify for administrative approval under Section 25.05.040(B)(3);
(e) Any development in an environmentally sensitive area, unless a licensed professional has determined, subject to peer review, that the proposed development does not impact the environmentally sensitive area;
(f) Grading in excess of 20 cubic yards outside the building footprint, except as specified in Section 22.10.010(e);
(g) Retaining walls in excess of 5 feet in exposed height; (h) Clearing of native vegetation on undeveloped parcels and undeveloped portions of developed parcels, and native vegetation restoration plans, except for City required annual weed abatement and fuel modification;
(i) Shoreline and bluff protective devices;
(j) Portable and in-ground swimming pools and spas more than 3 feet above adjacent, legal ground elevation, except for portable spas that do not exceed 600 gallons;
(k) New vehicular access to streets or alleys, including the widening of an existing driveway at the street to a width greater than the minimum required by Section 25.52.008(I)(2);
(l) Commercial or industrial parking and loading areas; (m) Permanent chain link or similar type of woven metal fences, and vinyl fences that do not simulate natural material;
(n) Trash storage or enclosures, except as provided in Section

25.05.040(B)(2) and Section 25.05.040(B)(3);
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(o) Major Capital Improvement Project, which means a project undertaken by the City 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 of design and/or construction documents, based on the project’s proposed scope in terms of 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 facilities, removal of significant vegetation (unless part of a fuel modification project or program) 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 beach and park accessways, promenades, bridges, trails, and the City-owned property, where Festival of Arts and Pageant of the Masters is hosted. (2) Exempt from Design Review (Zone Clearance). The following types of projects shall require the issuance of zone clearance in compliance with Chapter 25.05.045, rather than design review. For avoidance of doubt, the zone clearance process shall not be used for any of the below projects that are in an environmentally sensitive area (unless a licensed professional has determined, subject to peer review, that the proposed development does not impact the environmentally sensitive area); such projects are subject to Design Review under (B)(1).
(a) Demolition, alteration, or addition that does not constitute a major remodel;
(b) An improvement that does not exceed a height of 15 feet, measured in accordance with the definition of “Height, building” in Chapter

25.08 (from the finished floor or from natural or finished grade, whichever is more restrictive or lower);
(c) In-kind replacement of improvements for repair and maintenance; 318
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(d) Interior modifications to existing structures that do not modify the exterior of such structures;
(e) Re-roofing of buildings or structures which do not result in white or light colored roofs, provided there are no changes to the dimensions, square footage, or roof pitch, and which will not result in glare through the use of materials, such as asphalt shingles or stainless steel, both at the determination of the Community Development Director;
(f) Annual weed abatement;
(g) Fuel modification project or program;
(h) Accessory dwelling units, only as set forth in Chapter 25.17; (i) Grading of 20 cubic yards or less outside the building footprint, except as specified in Section 22.10.010(e);
(j) Retaining walls 5 feet or less in exposed height;
(k) Hardscape that does not increase impervious surfaces, or that is proposed to comply with applicable fire prevention standards as determined by the Fire Official, and complies with all other applicable provisions of this chapter;
(l) 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 material, which are subject to design review under (B)(1);
(m) Decks, slabs, terraces, or patios elevated 3 feet or less above the adjacent, legal ground elevation;
(n) Landscaping of any vegetation, plants, bushes, or trees within the buildable area that is less than 15 feet at maintained height when measured from ground elevation adjacent to the location of the vegetation, plant, bush, or tree, provided that the plans identify and require that the landscaping is to be maintained at or below the heights reflected in the plans;
(o) Landscaping of any vegetation, plants, bushes, or trees in the rear or side yard at less than 6 feet at maintained height and in the front yard at less than 4 feet at maintained height when measured from the ground elevation adjacent to the location of the vegetation plant, bush, or tree, provided that the plans identify and require that the 319
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landscaping is to be maintained at or below the heights reflected in the plans; (p) Artwork approved through the procedures outlined in Chapter 1.09 ("Art in Public Places");
(q) Trash storage within the side yard when screened from public view by a wall or fence at least 4 feet in height and does not impact required access for the property;
(r) Railings;
(s) Skylights with operable automatic night shades;
(t) Portable and in-ground swimming pools and spas no more than 3 feet above adjacent, legal ground elevation, and portable spas that do not exceed 600 gallons;
(u) Water features;
(v) Mechanical equipment, including, but not limited to, air conditioners and pool/spa equipment, that meet the requirements of Section 7.25.130(c);
(w) Above-ground utility structures, which are below 4 feet in height when measured from adjacent, legal ground elevation, when incorporating colors, finishes, and landscaping to minimize visual impact, as determined by the Community Development Director, provided that the plans identify and require that the landscaping is to be maintained at or below the heights reflected in the plan and not to exceed the height of such above-ground utility structures; (x) 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, legal ground elevation, and
(iii) minimum required setbacks of the underlying zone are met unless it receives administrative design review approval; (y) Certain telecommunication facilities subject to the provisions of Chapters 11.06 and 25.55;
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(z) New primary dwelling units that comply with all applicable objective development standards of this Zoning Code and the following requirements; provided, however, that is there is a conflict between the Zoning Code and the following requirements, the following requirements prevail as they are more restrictive in nature.

A landscape plan and an exterior lighting plan are required for new units under this subsection. Note that other structures and site improvements proposed at the same time as the primary dwelling unit may require design review in accordance with Sections

25.05.040(B)(1) and 25.05.040(B)(3). Projects that meet the objective development standards and are therefore not subject to Design Review may still require a Coastal Development Permit. (i) Building Height. The height does not exceed a height of 15 feet and a single story, measured in accordance with the definition of “Height, building” in Chapter 25.08 (from the finished floor or from natural or finished grade, whichever is more restrictive or lower).
(ii) Yards.
(1) Side Yards. The side yard setbacks are at least 20% greater than the requirement imposed by the
underlying zone. No redistribution of the required
side yards shall be permitted.
(2) Front and Rear Yards. The front and rear yard
setbacks are at least 20% greater than the
requirements imposed by the underlying zone.

Reduced building setbacks in accordance with
Section 25.50.004(E) shall not be permitted.
(3) In any case where a special subdivision map building setback applies, the building setback shall be at least 20% greater than that requirement.
(4) Permitted projections into required yards in
accordance with LBMC Section 25.50.008 shall be
measured from the setbacks indicated by subsections
(1) – (3), directly above.
(iii) Landscaping. Landscaping of any vegetation, plants, bushes or trees within the buildable area shall not exceed 15 feet at maintained height when measured from the adjacent, legal ground elevation. Within the rear and side yards, such
vegetation shall not exceed a maintained height of 6 feet, or 4 feet within the front yard.
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(iv) Lighting. Exterior lighting must be fully shielded and aimed downward.
(v) Roof Decks. The primary dwelling unit does not include a roof deck. For purposes of this subsection, a "roof deck" is defined to mean a deck above the building.
(aa) De Minimis Capital Improvement Projects. For purposes of this subsection, capital improvement projects undertaken by the City may be deemed de minimis and subject to zone clearance pursuant to the Zoning Code based on the project’s proposed scope in terms of environmental, aesthetic, and/or land use effects on the community, or are emergency projects determined by the
Community Development Director to be necessary to preserve the health, safety, or welfare of the community. Examples of de minimis capital improvement projects include but are not limited to the following:
(i) Fuel modification project or program;
(ii) Emergency projects;
(iii) Roadway or trail improvements within existing rights-ofway; (iv) Pipeline, such as storm drain and sewer, installation, repair and maintenance; minor alterations to utilities;
(v) Alterations and repairs to parking lots;
(vi) Small habitat restoration projects as defined in Section 15333 of the CEQA Guidelines;
(vii) Sign replacements in the same size with similar materials, at the determination of the Community Development Director; (viii) In kind replacement of improvements for repair and maintenance;
(ix) 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:
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(a) 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 in an environmentally sensitive area (unless a licensed professional has determined, subject to peer review, that the proposed development does not impact the environmentally sensitive area); such improvements are subject to design review under (B)(1). (i) Landscaping of any vegetation, plants, bushes, or trees within the buildable area that is 15 feet or higher at
maintained height when measured from the ground elevation 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 6 feet or higher at maintained height and in the front yard at 4 feet or higher at maintained height when measured from the ground elevation adjacent to the location of the vegetation plant, bush, or tree;
(iii) Decks, slabs, terraces, or patios elevated more than 3 feet above the adjacent, legal ground elevation;
(iv) 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), as amended from time to time, as determined by the Community Development Director, or other similar
generally accepted resource, as determined by the
Community Development Director;
(v) 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);
(vi) Additional covered or tandem parking as specified in Section

25.52.012(G);
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(vii) Decorative features such as fence posts, brick or stone columns which may extend up to twelve inches above the
maximum allowable height within the front yard;
(viii) Revocable Encroachment Permits when not associated with a project requiring a Design Review Board or Planning
Commission decision;
(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, both at the determination of the Community
Development Director;
(x) Roof alterations that change the 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 unless otherwise exempt;
(xiv) Above-ground utility structures, which are four 4 or higher in height when measured from adjacent, legal ground
elevation;
(xv) Trash storage located within the front yard setback, screened from public view by a wall or fence 4 feet in height (3 feet on a corner lot) and not impacting required access for the property;
(xvi) Extensions of time for design review permits;
(xvii) Minor Capital Improvement project, which means a project undertaken by the City that may be reviewed and approved administratively, based upon a determination by the
Community Development Director, in consultation with
other affected department heads, based on the project’s proposed scope in terms of environmental, aesthetic, and/or land use effects on the community. Typical examples of
minor capital improvement projects include, but are not limited to the following:
(1) Alterations to existing facilities resulting in exterior design changes;
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(2) Roadway or trail extensions within existing rightsof-way; (3) Replacement or renovation of damaged facilities or
structures resulting in exterior design changes;
(4) Small additions to existing structures resulting in exterior design changes;
(5) Construction or demolition of small structures
resulting in site or building design changes; and
(6) Slope and wall repair for public infrastructure.
(b) Except for decks, slabs, terraces, or patios elevated more than 3 feet above the adjacent, legal ground elevation (Section

25.05.040(B)(3)(a)(iii)) and minor alterations to historic resources (Section 25.05.040(B)(3)(a)(iv)), 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), when no other entitlement is required, 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. 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:
(1) 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;
(2) The date of the notice;
(3) A statement that the project is appealable to the City Council;
(4) The final date to submit a request for a hearing;
(5) The date the design review permit will be granted if there is no hearing;
(6) A project description and a statement of why the
project qualifies for a waived public hearing;
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(7) 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;
(8) A statement that the project plans are available at the Community Development Department for inspection
during normal operating hours of the City.
(ii) 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)(1) through (B)(3)(b)(a)(8) 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. (c) 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 consistent with the provisions of Section 25.05.065 and shall be subject to the following process:
(i) Staking Requirements for Administrative Design Review. If the Director of Community Development or his or her
designee otherwise determines that a project should be
staked, the staking requirements of subsections (C)(2) 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 326
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public hearing and the Design Review Findings specified in subsection (I) 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 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 or Planning Commission public hearing date 327
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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 design review authority determines is necessary to restake, the project shall be restaked and re-certified at least 14 calendar days prior to any subsequent public hearing.
(b) Staking poles shall be removed by the applicant within 20 calendar days after the City’s final decision on the design review application, after all local appeals are exhausted. The applicant's failure to remove the staking poles within the prescribed time period shall result in any remedies at law, including but not limited to code enforcement remedies.
(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 Safety Standards Review. Prior to deliberation and action on a design review application for new construction and major remodels, the Fire Department or Building Division of the Community Development Department, as applicable, shall serve as the review authority for purposes of reviewing and approving or conditionally approving applications, including proposed fuel modification programs. Fuel modification programs or Alternative Materials and Methods (AM&Ms) requests, when determined necessary by the applicable review authority, 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 review authority’s conditions of approval relating to public safety may not subsequently be modified by the design review authority without the review and approval of the Fire Department or Building Division of the Community Development Department, as applicable.

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.
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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.
(1) The authorities responsible for reviewing and making decisions on design review applications under Section 25.05.040(B)(1) are as follows:
(i) The design review board shall conduct a noticed public hearing on design review applications for all single-family or two-family developments, including associated public right-of-way improvements.
(ii) 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, public works projects, 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 findings set forth in subsection (I) 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. Additional review criteria contained in specific plans and/or zoning overlays shall apply to projects located in areas covered by 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 findings set forth in subsection (I). Section

25.07.012(G) requires written findings to be made when approving or conditionally approving an associated Coastal Development Permit. (5) Written notice of the approval, conditional approval or denial of design review applications shall be provided to the applicant or authorized agent within 14 calendar days of the date of the decision of the approval authority. 329
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(6) Landscaping Conditions. The approval authority shall condition all landscaping approvals with maintained growth height limits 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 modified pursuant to Section 25.05.060. Certain landscaping is subject to zone clearance pursuant to subsection (B)(2) of this section and must be maintained at approved heights. (7) 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.

H. Design Review Criteria. The design review criteria are as follows:
(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.
(2) 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 any one element of the structure into smaller components, may be used to reduce the appearance of mass. (3) Environmental Context. Development should preserve and, where possible, enhance the City's scenic natural setting. Natural features, such as existing heritage trees, rock out-cropping, ridgelines, and significant watercourses should be protected. Existing terrain should be utilized in the design and grading should be minimized except when necessary to balance other design review criteria.
(4) General Plan Compliance. The development shall comply with all applicable policies of the general plan, including all of its elements, applicable specific plans, and the certified local coastal program. (5) Historic Preservation. Destruction, alteration, or other actions pertaining to historic resources must be consistent with Chapter 25.45. 330
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(6) Landscaping. 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.
(7) 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.
(8) 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 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 of landscaping 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 to the extent feasible.
(10) Privacy. 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.
(11) 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. View equity is intended to balance preservation of views with the right to develop property. 331
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I. Design Review Findings. In order to approve a design review permit application, the reviewing authority shall make all of the following findings:
(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 that achieves 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 twoyear approval period or a subsequently approved extension of time. (4) Extension of Time Findings. An extension of time of the beginning twoyear 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 (b) The neighborhood character has not changed so as to be materially inconsistent with the findings made when design review was originally approved.

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

M. The actual development allowed after the application of the design review findings and criteria will typically be less than the maximum designated by the general standards for 332
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the zone because of localized 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.”
SECTION 4. 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:
(1) 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.
(2) 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.
(3) 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
(1) 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.
(2) 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) 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 333
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said zoning clearance is for ministerial approval in which case the Director is the final review authority.
(4) Coastal Development Permit. A coastal development permit may still be required in accordance with Chapter 25.07.

SECTION 5. Code Amendment. Chapter 25.05 (Administration) of Title 25 (Zoning) is hereby amended to add Section 25.05.060 (Subsequent Modification to Approved Permits) to read as follows:

Section 25.05.060 (Subsequent Modification to Approved Permits). (A) 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(I) and Section

25.07.016(C).
(B) 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.
(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.
(i) The Community Development Director may authorize minor changes to an approved permit without a public hearing, where the Director first finds that the changes:
a. Are consistent with the requirements of the City’s Zoning Code; and
b. Do not involve a feature of the project that was a basis for findings for an exemption, negative declaration, mitigated 334
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negative declaration, or environmental impact report for the project; and c. 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 d. Do not result in an expansion or change in operational characteristics of the use; and
e. Do not alter the facts in support of the findings required by Section 25.07.012(G).
(ii) The Director may choose to refer any requested change to the original review authority for review and final action.
(C) Changes to Other Permits Approved by the City.
(1) 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.
(2) 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.

SECTION 6. Code Amendment. Subsection (C) of Section 25.05.065 (Public Notice) is hereby amended to read as follows (additions shown in underline and deletion shown in strikethrough):

Section 25.05.065 Public Notice.
. . .
(C) Content of Public Hearing Notices. All public hearing notices that are mailed, posted or published for a proposed project shall contain the information listed below.
(1) Time, date, address and location of the hearing;
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(2) Name of the approval authority holding the hearing; (3) A description of the proposed development and its proposed location; (4) The environmental determination;
(5) The name, title, telephone and email address of a staff contact person; (6) All case numbers for the proposed development related project case numbers, and project name, if any;
(7) The project applicant’s name;
(8) A statement, if applicable, of whether the proposed project is located within the coastal zone and appeal procedure; see the coastal development permit noticing requirements specified in Section 25.07.014, and Section

25.07.020 for emergency coastal development permit.

SECTION 7. Code Amendment. Subdivision (E) of Section 25.05.065 (Public Notice) of Chapter 25.05 (Administration) of Title 25 (Zoning) is hereby amended to read as follows (additions shown in underline and deletion shown in strikethrough):
(E) Posting of Public Hearing Notices. Notice of a public hearing shall be posted in three public places within the City, including on the project site, not less than ten calendar days prior to the date of the public hearing for administrative use permit, conditional use permit, design review, general plan amendment (for specific property), heritage tree, revocation, rezone, street abandonment, subdivision (parcel or tentative tract map), temporary use permit (decided by the planning commission) and variance applications.

SECTION 8. Code Amendment. Section 25.05.070 (Appeals and Requests for Review of Decisions) is hereby repealed and replaced with the following:

Section 25.05.070 Appeals and Requests for Review.
(A) Purpose. It is the intent and purpose of this section to provide standardized procedures for appeals and requests for review with respect to planning and development applications and requests.
(B) Allowed Appeals.
(1) Community Development Director Decisions.
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(i) Any decision by the Community Development Director or designee on a ministerial permit may be appealed to the Planning Commission or Design Review Board, as applicable, provided that the only allowed grounds for appeal shall be that the decision of the Community Development Director or designee has not complied with the applicable provisions of this Zoning Ordinance. Appeals of any determinations and requirements regarding coastal development permit processing, including exemptions, determinations relative to appealable development, etc. shall be as described in Chapter 25.07. (ii) Any decision by the Community Development Director or designee on a discretionary permit may be appealed to the Planning Commission or Design Review Board, as applicable. Appeals of any determinations and requirements regarding coastal development permit processing, including exemptions, determinations relative to appealable development, etc. shall be as described in Chapter 25.07. (2) Planning Commission and Design Review Board Decisions. Any decision rendered by the Planning Commission and Design Review Board may be appealed to the City Council. Similarly, any decision rendered by a board, committee, or commission appointed by the City Council will be processed in the same manner as set forth herein for the Planning Commission and Design Review Board decisions. Appeals of any determinations and requirements regarding coastal development permit processing, including exemptions, determinations relative to appealable development, etc. shall be as described in Chapter 25.07.
(3) Requests for Review. On its own initiative, the City Council may review any decision rendered by the Community Development Director, Planning Commission, or Design Review Board as follows:
(i) Decision to Review
a. One Council member may initiate review of a Community Development Director or Planning Commission/Design
Review Board decision, respectively, by filing a written request with the City Clerk, within 14 calendar days after the date of the decision.
b. The Council shall consider the “request for review” at its next regularly scheduled meeting.
c. If the Council votes to review the decision, a subsequent review hearing shall be scheduled to consider the merits of the review. Either action shall require an affirmative
majority of the legislative body vote.
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d. Where the City is the applicant or affected property owner, the City Manager may initiate proceedings for review of the decision or determination by written request to the City Clerk within 14 calendar days of the decision or
determination.
(ii) Applicant Notification. At the time the review body votes to initiate review, the applicant shall be informed of the aspects of the application and the decision that the review authority will consider. (iii) Notice of Hearing. Notice of the hearing shall be provided and the hearing shall be conducted in compliance with Section 25.05.065. (iv) A request for review shall not require any statement of reasons from the member(s) calling for review and therefore shall not represent support of or opposition to an application. No fee shall be required for a request for review. There shall be a presumption that the reason for the request is that the application may be of significant concern to the community or significant importance to the quality of life within the community and/or applicable land use policies and regulations. There shall be no inference or implication of bias or prejudgment due to a request for review being filed.
(C) Filing and Processing of Appeals.
(1) Form of Appeal and Timing.
(i) Appeals, other than City Council review, shall be submitted in writing and filed with the Community Development Department or City Clerk, as applicable, on a City application form, within 14 calendar days after the date the decision is rendered by the Community Development Director or Planning Commission/Design Review Board.
(ii) Appeals to the Planning Commission/Design Review Board and City Council shall include a statement specifying the basis for the appeal and the specific aspect of the decision being appealed. (2) Filing Fees.
(i) Appeals shall be accompanied by the filing fee set by the City Council’s Fee Resolution when the application is filed with the Community Development Department or City Clerk, as applicable.

No appeal shall be accepted or deemed filed unless such payment is made.
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(ii) Where more than one appeal is allowed, and if more than one appeal is filed, then following the filing expiration date for appeals, the City Clerk shall prorate the required appeal fee among the total number of appeals and refund the excess amount paid by each appellant. (iii) The Community Development Director is authorized to waive the filing fee for appeals upon a showing of good cause.
(3) Effect of Filing. The filing of an appeal in compliance with this Chapter shall have the effect of suspending the effective date of the decision being appealed, and no further actions or proceedings shall occur in reliance on the decision being appealed except as allowed by the outcome of the appeal. (4) Notice to Applicant. If the appellant is not the applicant, a copy of the appeal shall be provided to the applicant within seven days of its filing. (5) Report and Scheduling of Hearing. When an appeal has been filed, the Community Development Director shall prepare a report on the matter. The City shall schedule the matter, in its sole discretion, within ninety (90) days of the filed appeal, for consideration by the appropriate appeal body identified in Section 25.05.070(B). All appeals shall be considered during public hearings with notice provided in compliance with subsection (C)(6).

The City may consolidate hearings on all timely filed appeals for the same project.
(6) Notice Requirements. Public notice of the hearing for the appeal or request for review shall be subject to the provisions of Section 25.05.065, except that the public notice for appeals of Coastal Development Permits shall be instead carried out through the public notice provisions of Section

25.07.014.
(7) Withdrawal of Appeal. Once filed, an appeal may only be withdrawn by a written request submitted to the Community Development Director, with the signatures of all persons who filed the appeal.
(D) Hearing on Appeal.
(1) Upon the hearing of an appeal, the Planning Commission/Design Review Board, shall conduct a de novo hearing on the underlying application but shall be limited to the grounds specifically stated in the notice of appeal, if an appeal was filed. The Planning Commission/Design Review Board shall exercise its independent judgment as to the evidence. Nevertheless, there shall be a presumption that the decision or determination made by the approval authority was reasonable, valid, and not an abuse of discretion; and the appellant, if there is one, shall have the burden of proof of demonstrating otherwise by a preponderance of the evidence, including plans, presented. Abuse of discretion is established when (a) the agency has 339
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not proceeded in the manner required by law; (b) the order or decision is not supported by the findings; (c) the findings are not supported by evidence. (2) Upon the hearing of an appeal or request for review, the City Council shall conduct a de novo hearing on the underlying application but shall be limited to the grounds specifically stated in the notice of appeal, if an appeal was filed. The City Council shall exercise its independent judgment as to such evidence. Nevertheless, there shall be a presumption that the decision or determination made by the approval authority was reasonable, valid, and not an abuse of discretion; and the appellant, if there is one, shall have the burden of proof of demonstrating otherwise by a preponderance of the evidence, including plans, presented. Abuse of discretion is established when (a) the agency has not proceeded in the manner required by law; (b) the order or decision is not supported by the findings; (c) the findings are not supported by evidence.
(3) Hearings are subject to the provisions of Section 25.07.016 when a coastal development permit is required.
(E) Action on Appeal.
(1) At the hearing, the appeal body shall conclude the proceedings with one of the following actions.
(i) Affirmation or Reversal. The appeal body may, by resolution, affirm, affirm in part and reverse in part, or reverse the action that is the subject of the appeal.
(ii) Additional Conditions. When reviewing an appeal, the appeal body may adopt additional conditions of approval involving or related to the subject matter of the appeal.
(iii) Remand. The City Council may, but shall not be required to, remand the matter back to the Planning Commission/Design Review Board, as applicable, for further consideration. The Planning
Commission/Design Review Board, as applicable, shall not be allowed to remand the matter back to the Community Development Director.
(2) Deadlocked Vote.
(i) By Planning Commission/Design Review Board. In the event an appeal from an action of the Community Development Director results in a deadlocked vote by the Planning Commission/Design Review Board, the determination, interpreting decision, judgment, or similar action, the appeal shall be forwarded to the City Council 340
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for the City Council’s proceedings on the appeal, as specified in this Section. (ii) By City Council. In the event that an appeal from an action of the Planning Commission/Design Review Board results in a deadlocked vote by the City Council, the action of the Planning
Commission/Design Review Board (or Community Development Director), as appropriate, shall become final.

SECTION 9. Code Amendment. Chapter 25.07.006 (Definitions) of Chapter 25.07 (Coastal Development Permits) of Title 25 (Zoning) is hereby amended to add the following definition in alphabetical order of the existing list of definitions:
“Director of Community Development” and “Community Development Director” shall mean the Director of the Community Development Department at the City of Laguna Beach and his or her designee.

SECTION 43. 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 website.

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 44. Code Amendment. Section 25.07.012 (Procedures) of Chapter 25.07 (Coastal Development Permits) of Title 25 (Zoning) is hereby amended to add Subdivisions (J) and (K) to read as follows:
(J) Subsequent Modification to Approved Coastal Development Permits. 341
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(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.
(i) 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:
a. Are consistent with the requirements of the certified Local Coastal Program; and
b. 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
c. 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 d. Do not result in an expansion or change in operational characteristics of the use; and
e. Do not alter the facts in support of the findings required by Section 25.07.012(G).
(ii) 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. (i) Changes Approved by Original Review Authority. A proposed change that does not comply with the criteria identified in subsection (J)(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)
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(ii) 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. (K) 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 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) Staking poles shall be removed by the applicant within 20 calendar days after the final project decision. The applicant's failure to remove the staking poles within the prescribed time period shall result in any remedies at law, including but not limited to code enforcement remedies. (3) The Community Development Director may waive this requirement in writing in the Community Development Director’s sole discretion.

SECTION 12. Code Amendment. Section 25.07.026 (Local Coastal Program amendments) of Chapter 25.07 (Coastal Development Permits) of Title 25 (Zoning) is hereby repealed and replaced with the following:
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(A) Purpose and Intent. The City Council may amend the Local Coastal Program when required by public necessity, convenience, and general welfare or protection of coastal resources, or where required by specific policies in the Local Coastal Program by following the procedure specified in this Chapter. For purposes of this Section, amendments of a certified Local Coastal Program includes, but is not limited to, any action by the City that authorizes the use of a parcel of land other than a use that is designated in the certified local coastal program as a permitted use of the parcel, except for temporary uses as defined in Section 25.05.035. Such amendments will not take effect until effectively certified by the Coastal Commission.
(B) Application
(1) Proposals
(a) Initiation. An amendment to the Local Coastal Program may be initiated by:
(i) Resolution of Intention of the City Council;
(ii) Property owners, or their duly authorized agents, by filing a complete and verified application with the Community
Development Department for amendments to the LCP
involving their property.
(iii) Any person authorized to undertake a public works project or proposing an energy facility development may request to amend the local coastal program, if the purpose of the
proposed amendment is to meet public needs of an area
greater than that included within such certified local coastal program that had not been anticipated by the person making the request at the time the local coastal program was before the Coastal Commission for certification.
(b) Contents of Amendment Applications. The amendment application shall include:
(i) All policies, plans, standards, objectives, diagrams, drawings, maps, photographs, and supplementary data
related to the amendment in sufficient detail to allow review for conformity with the requirements of the Coastal Act.

Written documents should be readily reproducible. An
amendment application may also need to include, where
applicable, a readily identifiable public access component as set forth in California Code of Regulations Section 13512. 344
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(ii) The application shall be accompanied by a map drawn to scale showing the location of the property concerned and the location of all highways, streets and alleys, public easements or Offers to Dedicate Public Easements and all lots and parcels of land within a distance of 500 feet from the exterior boundaries of the property involved. The accuracy of such map shall be the responsibility of the applicant.
(iii) A discussion of the amendment's relationship to and effect on the other sections of the certified LCP.
(iv) An analysis that meets the requirements of California Code of Regulations Section 13511 that demonstrates conformity with the requirements of Chapter 6 of the Coastal Act.
(v) Any environmental review documents, pursuant to CEQA, required for all or any portion of the amendment to the LCP. (vi) An indication of the zoning measures or implementation that will be used to carry out the amendment (unless submitted at the same time as the amendment to the Local Coastal
Program).
(c) Any application made pursuant to Paragraph (B)(1)(a)(ii) and (iii), above, shall be in writing and signed and verified by the owner of the land involved or by his authorized agent. If a person other than the owner makes the application, written authorization to act on behalf of the owner shall be submitted with such application. The application shall show or be accompanied by the legal description of the property for which the amendment is requested, and the street address or addresses, if any, or other common description of the premises.
(2) Review of Filing. An amendment to a certified LCP together with all necessary attachments and exhibits shall be deemed "submitted" after having been received and found by the Community Development Director to be in proper order and legally adequate to comply with this Section. The Community Development Director shall cause a date of receipt stamp to be affixed to all LCP submissions on the day they are so received and a stamp of the date of submittal on the day they are found to be properly submitted. (C) LCP Amendment Hearing and Notice. Upon receipt in proper form of an LCP amendment application, or upon receipt of a Resolution of Intention from the City Council, the Community Development Department shall set a public hearing before the Planning Commission.
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(1) Notice of Public Hearings. Notice of public hearings shall be given at least ten (10) days prior to the hearing. Such notice shall state the nature of the proposed change, location of the affected area, and the time(s) and place(s) of the scheduled hearing(s) and for accepting comments on the proposed amendment.
(a) For Amendments to LCP, the notice shall be provided as follows:
(i) By mail to all of the following parties:
(1) Any member of the public who has so requested;
(2) Each local government contiguous with the area that is the subject of the Amendment;
(3) Local governments, special districts, or port or
harbor districts that could be directly affected by or
whose development plans should be considered in
the Amendment;
(4) Regional, state and federal agencies that may have an interest in or be affected by the amendment;
(5) Local libraries and media;
(6) The Coastal Commission.
(7) Any reference in this subchapter to "interested
parties" or "public agency" shall include the
aforementioned persons or groups.
(ii) By posting the draft amendment to the City’s website in a format that can be downloadable.
(iii) By placing a display advertisement of at least one-fourth page in newspaper having the greatest circulation within the area affected by the proposed action.
(b) Following a public hearing, the Planning Commission shall recommend approval, modification, or denial of the proposed amendment to the City Council. The recommendation shall be by resolution carried by the affirmative vote of not less than the majority of the entire Commission. It shall be transmitted to the City Council within forty (40) days after the rendering of a decision. Such decision is final and conclusive and may not be reconsidered except upon referral by the City Council.
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(2) Council Hearing and Notice. After receipt of the Planning Commission's recommendation, the City Council shall hold a public hearing and shall give notice in the same manner as required for the Planning Commission in this Section above.
(3) Council Decision. After the required hearing, the City Council shall take actions on the Amendment by resolution or ordinance, as applicable, to either approve, modify, or deny the proposed amendments. (D) Required Findings. Before approval of any LCP Amendment, the City Council must make the finding that such amendment meets the requirements of, and is in conformity with, the LCP and the policies of Chapter 3 the California Coastal Act. (E) Certification of Local Coastal Program Amendments.
(1) Submittal to Coastal Commission. Any amendment approved by the City shall be submitted to the Coastal Commission in accordance with Sections 30510, 30512, 30513 and 30514 of the Public Resources Code and Sections 13551 and 13552 of the California Code of Regulations.
(2) Effective Certification. An amendment to the Commission-certified Local Coastal Program shall not become effective after City Council adoption until the amendment is submitted pursuant to the requirements of Section 13551 et seq. of the California Code of Regulations and is effectively certified by the California Coastal Commission pursuant to the requirements of Section 13544 et seq. of the California Code of Regulations. (3) Amendments Pursuant to PRC 30515 (Public Works Project or Energy Facility Development). LCP Amendments approved by the Coastal Commission pursuant to Public Resources Code Section 30515 shall be effectively certified upon final action by the Coastal Commission.

SECTION 13. Code Amendment. Section 25.08.010 (Words beginning with “E.”) of Chapter 25.08 (Definitions and Standards) in Title 25 (Zoning) is hereby amended to add the following definition in alphabetical order:
“Environmentally Sensitive Area” means any area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which could be easily disturbed or degraded by human activities and developments. “Environmentally Sensitive Area” includes slopes of 30% or greater and areas designated as an “Environmentally Sensitive Area” on a map adopted by resolution of the City Council. 347
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SECTION 14. Code Amendment. Section 25.08.016 (Words beginning with “H.”) of Chapter 25.08 (Definitions and Standards) in Title 25 (Zoning) is hereby amended to modify the definition for “Height, building” (additions shown in underline):
“Height, building” means one or more of the following:
(a) The vertical distance from any point on the finished roof surface, including any roof-mounted or rooftop appurtenance, to the finished floor surface of the lowest floor measured directly below or to the natural or finished grade, whichever is more restrictive or lower. If the entire lowest floor, measured from the finished floor surface of the floor above, is located completely below natural or finished grade, whichever is more restrictive, then the building height shall be measured to the top of the finished floor of the next level directly above that subterranean level; (b) For purposes of measuring the height above the front lot line, an applicant may have the option of measuring by one of the following two options:
(1) The vertical distance from the curb, street centerline or property line to the highest point of the roof, whichever is the applicable measurement as required under the specific chapters of this title. The elevation of the curb shall be taken on top of the curb at a point created by the intersection of the 348
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curb and a line perpendicular to and intersecting the midpoint of the front lot line. In the event, there is no curb, height shall be measured from the centerline of the street to the top of the roof. The elevation of the centerline of the street shall be taken at a point created by the intersection of the centerline and a line perpendicular to and intersecting the midpoint of the front lot line; or
(2) At every point along the curb or street center line. (c) For purposes of measuring the height above the rear lot line, the elevation of the rear lot line shall be taken at every point along the rear property line. (d) Exception: Provided they do not exceed a maximum height limit set forth in Chapter 25.51, and provided further that no structure in excess of the specified building height shall be used for additional living or floor space, the following items may be permitted to a height in excess of that permitted within a zone when approved by the design review board pursuant to the procedures and findings of Chapter 25.05 as applicable: structures for the sole purposes of housing elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building, skylights, spires, flagpoles, broadcasting and receiving antennae and chimneys.
(e) For development proposed on the seaward side of Pacific Coast Highway, where topography allows, no structures shall be constructed above the finish elevation of Pacific Coast Highway at the right-of-way line.

SECTION 15. 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. 349
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SECTION 16. 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, finish grades and drainage, specifications and construction details, plan sheet numbers, and drawing date of plans.

SECTION 17. Code Amendment. Subdivision (E)(1)(c) and (E)(1)(d) of Section

25.10.008 (Property development standards) of Chapter 25.10 (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
. . .
(1) 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 4,000 square feet and under, site coverage shall not exceed forty-four percent; for lots greater than four thousand 4,000 square feet and less than 8,000 square feet, the maximum site coverage shall be calculated using the formula below; and for lots eight thousand 8,000 square feet and over, site coverage shall not exceed thirty-five 35 percent. The maximum site coverage percentage permissible on any residential lot shall be calculated using the following formula:

Building Site Coverage (%) = 35 + (8,000-A) x 9
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4,000
Where A = lot area (square feet)
For example, if the lot area is six thousand six hundred twenty-five 6,625 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 when 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. In no event shall the Design Review Board modify such requirement by more than five percent.

SECTION 18. 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):
(E) Yards
. . .
(3) Side Yard.
(a) The width of each side yard shall be not less than ten 10 percent of the average lot width, but in no case less than three 3 feet; except 351
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that when the average lot width is forty 40 feet or greater, no side yard shall be less than four 4 feet.
. . .
2) 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 parking space when approved by the Design Review Board in accordance with Section 25.52.012(f).

SECTION 19. Code Amendment. Sections 25.15.002 (Intent and Purpose) and

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 Criteria Standards)
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.

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 zoning standards and design review procedures of this chapter and shall be strictly evaluated for conformance with the city's general 352
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plan, with particular emphasis on the open space and conservation element. As part of the environmental review process for any project, the city shall require detailed environmental studies to identify specific impacts, measures to avoid those impacts and, when allowable impacts are unavoidable, the necessary mitigation measures.
(A) To ensure compliance with the applicable General Plan policies, aAll development proposals shall be subject to the following standardscriteria :
(1) Building Site. Development Buildings and other improvements should be located on a slopes of less than thirty percentand shall be situated such that they do not adversely impact any environmentally sensitive areas, and should minimize impacts to ridgelines, geologic hazard areas and unique landforms.
(2) Mass and Scale. The height and scale of the building(s) should respect the natural surroundings and unique visual resources by incorporating designs which minimize bulk and mass, follow natural topography and minimize visual intrusion on the natural landscape.
(3) Building Size. In addition to the mass and scale of the residence, the total square footage shall also be maintained at a size compatible with the open space characteristics of the hillsides. Residential designs should blend in with the surroundings, while minimizing their prominence to public view.

As such, larger lots shall not necessarily enable the development of correspondingly larger homes.
(4) 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.
(5) Grading. Development proposals should minimize grading of hillside areas by encouraging designs which follow the natural grade while maintaining a building mass and scale that is sensitive to topography. (6) Landscaping. The proposal should maintain native 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.
(7) 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 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 353
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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.

SECTION 20. 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) 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 100 feet of the main dwelling principal structure. If no dwelling principal structure 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) abovebelow, subject to design review board approval which includes a finding that the fence is necessary for the preservation of public health, safety and welfare.

SECTION 21. 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 22. 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.
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(1) 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 unique design aspects inherent in the Lagunita community that need to be preserved and enhanced, particularly with respect to preserving existing views and view corridors. The design criteria, as established herein, shall be utilized for all projects proposed within the Lagunita Zone. Prior to any discretionary review by the city, the Lagunita Community Association shall conduct its own project review. The Community Development Department shall notify the Association in writing when the City has received an application with reference to the submitted plans and with information that comments are due within thirty days of when the Community Development Department mails or otherwise sends the written communication to the Association. The Association will may submit a letter of comment to the city for its consideration within thirty days of when the Community Development Department mails or otherwise sends the written communication to the Association. The lack of the comment letter from the Association after the appropriate thirty day notice period afforded by the City will not prevent the City from proceeding with consideration, approval, or denial of the application; however, the City’s processing and decision on the application shall not be delayed or extended to accommodate Association review beyond the timeframes required by applicable state law, including the Permit Streamlining Act (Government Code Section 65920 et seq.), or any other state-mandated deadlines. If compliance with such statelaw deadlines requires earlier action, the City may proceed to consider, approve, conditionally approve, or deny the application before the expiration of the thirty (30)-day comment period. 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.
(a) All buildings, structures, and improvements shall be evaluated on criteria in Section 25.05.040, and on the following additional view preservation criteria: a prime consideration for the Design Review Board in reviewing development applications including its landscaping shall be the maintenance of views and view corridors.

For purposes of this chapter, a “view corridor” shall be defined as a vista or scenic field of vision enjoyed from a residence between and/or above other structures of buildings. Property development standards for the Lagunita Zone shall represent the maximum allowable building envelope. The actual development allowed might be less than that designated by the general standards for the Lagunita Zone because of localized conditions identified during the design review process.
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SECTION 43. Code Amendment. Section 25.25.010 (Performance Standards/design criteria) of Chapter 25.25 (SLV, South Laguna Village Commercial Zone) in Title 25 (Zoning) is hereby repealed.

SECTION 44. Code Amendment. Section 25.28.040 (Design criteria) of Chapter

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

SECTION 45. 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) with re-numbering and re-lettering to occur in numerical and alphabetical order:

Section 25.35.070 Design review.
(A) All new residences and accessory structures, and additions to existing residences and accessory structures, are subject to the design and review as per the zoning ordinance. 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 criteria findings in Section 25.05.040.
(B) Design review shall be limited to those Projects 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 city council, upon recommendation of the design review board, when such guidelines are deemed warranted. (C) In the event that a project 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 project is justified by said subsections or guidelines.

SECTION 46. 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) with re-numbering and relettering to occur in numerical and alphabetical order:
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25.35.080 (Design review development standards.)
(A) Intent and Purpose. It is the intent and purpose of this section to establish design review development 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. (B) Standards.
(1) All designs shall demonstrate an individuality of design, which should be achieved primarily through a manipulation of the volume of the structure rather than by means of nonessential architectural details. (2) While individuality of design should be achieved, the thrust should be scaling down rather than duplication of existing bulk and size of existing structures.
(3) Lot coverage shall not exceed that specified in the zoning ordinance for R1 development. (4) All designs shall limit areas of large blank walls by carefully planned windows, porches, and smaller volumes.
(5) Harsh boxlike structures, and structures which make extensive use of glossy surfaces, or strong, glaring colors, shall be avoided.
(6) On downhill homes, all designs shall avoid vertical repetitive detailing which adds to the illusion of height.
(7) All designs shall minimize roof penetration by grouping all plumbing vents and ducts together.
(8) 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.
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(9) Roof decks should shall not be permitted above the uppermost story., nor should pParapets, walls, protective roof deck railings or and stair enclosures shall not exceed the roof height of the uppermost story, except as approved by design review.
(10) All exterior 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.
(11) 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.
(12) Landscaping shall be used in front and rear yards to relieve solid, unbroken elevations and to soften continuous wall expanses.
(13) All designs shall incorporate the use of shrubbery and trees to reduce the appearance of height.
(14) The area between the underside of the building and finished grade should be completely enclosed, except as approved by design review. (15) 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.
(16) A general storage area of at least 400 cubic feet, completely enclosed from view, shall be provided within each garage or carport, except as otherwise approved by design review.
(17) All developments should seek to minimize the difference between the natural grade and the finished project height by such methods as split level or stepping down the building along with the grade.

SECTION 27. Code Amendment. Section 25.39.100 (Design Review) of Chapter

25.29 (Specific Plan (Sarah Thurston Park)) of Title 25 (Zoning) is hereby repealed.

SECTION 28. 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 358
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(additions shown in underline and deletion shown in strikethrough) with re-numbering and relettering to occur in numerical and alphabetical order:

Section 25.44.060 Architectural design criteria Design 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 Arch 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 projects in this zone reviewed by the city. Applicants should note that prior to city review, the Three Arch Bay 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 will guide and ensure that all future growth contributes to a preservation of the community character. Applicants should note that prior to City review, the Three Arch Bay Community Association will conduct its own plan review. The Community Development Department shall notify the Association in writing when the City has received an application with reference to the submitted plans and with information that comments are due within thirty days of when the Community Development Department mails or otherwise sends the written communication to the Association. The Association may submit a letter of comment to the City for its consideration within thirty days of when the Community Development Department mails or otherwise sends the written communication to the Association; however, the City’s processing and decision on the application shall not be delayed or extended to accommodate Association review beyond the timeframes required by applicable state law, including the Permit Streamlining Act (Government Code Section 65920 et seq.), or any other state-mandated deadlines. If compliance with such state-law deadlines requires earlier action, the City may proceed to consider, approve, conditionally approve, or deny the application before the expiration of the thirty (30)-day comment period. The lack of the comment letter from the Association after the appropriate thirty-day notice period afforded by the City will not prevent the City from proceeding with consideration, approval, or denial of the application.

In order to approve a design review permit, the City’s reviewing authority must make the following findings in addition to the findings at LBMC Section 25.05.040(I):
(A) While individuality of architectural style should be achieved, the design should conform to the established small-scale building character which is sensitive to existing topography and view preservation.
(B) All designs shall protect the privacy and views of neighboring properties especially in side and rear yard areas by providing architectural relief from large blank walls by proper placement of windows, porches, architectural pop-outs and other similar features.
(C) The minimum roof pitch on any building or structure shall be 3:12. Flat roofs and roof decks are prohibited.
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(D) Roof-mounted solar collectors shall not be visible from any street view; the solar collector shall not exceed the ridge elevation of the roof. (E) All development shall strive to be compatible with surrounding homes and the community with respect to architectural character, style, scale, mass and color. (F) Walls and fences should tie directly to the main building, enclosing only active use areas. Both wood and wrought iron fencing can be used when the material and color are compatible with the main building.
(G) All landscape and hardscape plans shall address the functional aspects of landscaping such as drainage, erosion prevention, wind 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 29. 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.

SECTION 30. 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.

Section 25.49.030 Development regulations.

SECTION 31. 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, on its own, be considered conclusive evidence that the property is not listed on the City’s historic register.

SECTION 32. 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):
(B) Designation Procedures.
(1) The property owner shall complete the application for the proposed designation as a historic resource and inclusion on the register on a form 361
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provided by the department, include all information required and file the application with the department.
(2) 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. (3) 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 with the County.

SECTION 33. Code Amendment. Subsection (A) of Section 25.45.008 (Incentives to properties on the city’s historic register) of Chapter 25.45 (Historic Preservation) of Title 25 (Zoning) is hereby amended as follows (additions shown in underline and deletion shown in strikethrough):
(A) Parking. The following benefits are subject to Design Review Board approval, except when a conditional use permit is required for the project, in which case the City Council Planning Commission shall be the final approval authority, with a recommendation from the Planning Commission.

SECTION 34. 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) with renumbering and re-lettering to occur in numerical and alphabetical order:
(A) Review. 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 review criteria, the Secretary of the Interior's Standards (SOIS) or the City's Local Design Guidelines. Interior changes shall not be 362
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reviewed unless the changes will alter a character defining features of the historic resource or if the interior area is publicly accessible.
(B) If the project is found to be consistent with the SOIS or the City's Local Design Guidelines, but otherwise requires design review pursuant to Section 25.05.040(B), the Heritage Committee shall make a recommendation to the approval authority prior to design review. Repair or replacement of existing materials with in-kind or historically appropriate materials, in the same location, does not require design review approval. Minor alterations may be subject to Section 25.05.040 (B)(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 review shall be required. The Heritage Committee shall make a recommendation to the approval authority prior to design review.
(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 review of the project to evaluate the project impacts to the property.
(E) Environmental Determination. During its review, the design review 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 exemption.
(F) 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.
(A) Any action pertaining to a historic resource that qualifies for Administrative Design Review 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 the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings (1995, Weeks and Grimmer), as amended from time to time, as determined by the Community Development Director, or other similar generally accepted resource, as determined by the Community Development Director, in addition to other required findings. Before the project is scheduled for Administrative Design Review 363
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pursuant to Section 25.05.040(B)(3), Heritage Committee must review the project and make a recommendation on the project.
(B) Major modifications, alterations, or other actions pertaining to historic resources that do not qualify for Administrative Design Review shall require approval of a design review permit pursuant to Section 25.05.040(B)(1). 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.
(C) Historic Resource Assessment. To evaluate whether a property is a historic resource or whether a project has effects on a historic resource, the Community Development Director may require a historic resource assessment report as follows:
(1) The Community Development Director 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. (2) The Community Development Director 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. (D) 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, as defined in California Code of Regulations, Title 14, Division 3, Chapter 11.5, Appendix A, as amended from time to time, that is to be retained.

SECTION 35. Code Amendment. Section 25.45.012 (Historic property disclosure) of Chapter 25.45 (Historic Preservation) of Title 25 (Zoning) shall be amended to read as follows:

Section 25.45.012 Historic property disclosure.
(A) Agent Disclosure. If a property has been included in the register, the owner of the property or the owner's representative shall, in any real property transaction, provide the buyer of the property with notice informing the buyer of the property's listing on the register. Distribution of a current Real Property Report issued pursuant to Section 14.76.090 of this code to the buyer shall satisfy the requirements of this subsection.
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(B) Penalty. Any person who violates the provisions of subsection (A) of this section shall be subject to the penalties and remedies specified in Section 14.76.090 of this code.

SECTION 47. Code Amendment. Subsection (B)(6) of Section 25.50.012 (Fences, Walls, Hedges, Latticework and Screens) of Chapter 25.50 (General Yard and Open Space Provisions) of Title 25 (Zoning) is hereby amended as follows (deletion shown in strikethrough):
(6) Pedestrian entry features which only includes arbors, arched entries, arcades or finials may exceed the maximum allowable fence height in any yard subject to design review as provided for in Section 25.05.040 and the following standards:
(a) The maximum height shall not exceed 8 feet;
(b) The maximum pedestrian entry width shall not exceed 6 feet; (c) The maximum width of each side of the pedestrian entry for which there is proposed an architectural transition from the nominal fence height shall not exceed 3 feet.

SECTION 48. Code Amendment. Subsection (G) of Section 25.52.006 (Special provisions) of Chapter 25.52 (Parking Requirements) of Title 25 (Zoning) is hereby amended as follows (additions shown in underline and deletion shown in strikethrough):
(G) Incentives. The City Council Design Review Board or Planning Commission, as appropriate, may approve a conditional use permit, and a coastal development permit when required, upon recommendation by the approval authority, to reduce the parking standards required under this chapter where the proposed use provides for and promotes the use of alternative modes of transportation such as ride-sharing, carpools, vanpools, public transit, bicycle and walking; and where the reduced parking requirement will not adversely impact public access to beaches, parks, open spaces, and trails and one or more of the following conditions apply:
(1) The proposed use is a very low or low income, disabled, or senior housing project;
(2) The proposed use is a sidewalk cafe having outdoor seating available to restaurant customers, and when the outdoor seating is located on public property or right-of-way, to the general public as well, which contributes positively to the local pedestrian environment. The parking reduction may 365
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be granted on a temporary or seasonal basis and shall be limited to a maximum of five spaces; and
(3) The proposed use incorporates innovative parking solutions, such as a shuttle service program provided by the entity whose parking requirement has been reduced. Any proposed innovative parking solution shall provide parking mitigation measures at an equivalent ratio to the parking spaces required by Section 25.52.012(G) for the proposed intensification of use.

An innovative parking solution shall be described in a detailed program which includes, but is not limited to, the number of otherwise required parking spaces that will not be provided, a detailed description of the proposed innovative solution, a detailed description of how the innovative solution provides an equivalent ratio to the number of parking spaces that would have been required without the innovative solution, and a detailed description of how the proposed solution is expected to offset impacts from the reduction in required parking spaces, supported by studies and/or examples. An example of a program for innovative parking solutions might include, but not be limited to, a shuttle service program provided by the entity whose parking requirement has been reduced that indicates the number and capacity of shuttle vehicles, the range of shuttle services, where shuttle vehicles are stored and the hours of shuttle service operation. At the discretion of the Director of Community Development, peer review of such a program may be required and paid by the applicant.

SECTION 49. Code Amendment. Subdivision (D) of Section 25.54.010 (Signs permitted on private property) of Chapter 25.54 (Sign Regulations) in Title 25 (Zoning) is hereby amended as follows (additions shown in underline and deletion shown in strikethrough):
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(D) Master Sign Programs. A master sign program shall be submitted for review and approval in relation to new office or shopping center construction or substantial façade improvements of an existing office or shopping center, when either contain four or more businesses or uses prior to the issuance of any sign permits. (See the master sign program submittal requirements in Section 25.54.018(A).) In order to assure aesthetic compatibility, the approval authority Planning Commission may establish whatever conditions are deemed necessary to maintain appropriate design, continuity and harmony of the signage for the site.

SECTION 39. Code Amendment. Subdivisions (E), (F), and (G) of Section

Temporary signs or temporary sign programs for city council approved special events are not eligible for administrative approval. (4) Replacement of signs previously authorized by a sign permit provided that the sign meets all applicable design standards as set forth in this chapter, including but not limited to Section 25.54.010 and Tables 1 and 2 at the end of this chapter.
(5) Signs that are not eligible for Administrative Approval shall be considered by the Planning Commission.
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(F) Appeals of a Determination by the Community Development Director. Any person disagreeing with a determination of the Community Development Director or Planning Commission shall have the right to appeal in accordance with the appeal provisions in Section 25.05.070to the appropriate approval authority. The appeal must be filed within ten business days after such determination and shall be heard at the next regular meeting of the appropriate approval authority. (G) Creativity Encouraged. Except for the community development department director, the approval authority The Planning Commission may, at his or her its discretion, grant permits for signs not otherwise in conformance with this chapter up to a twenty-five percent increase in allowable sign area or height, if it finds the sign design to be extraordinarily creative and significantly contributing to the charm and character of Laguna Beach.

SECTION 40. Code Amendment. Subdivision (A) of Section 25.54.026 (Arts Organizations) of Chapter 25.54 (Sign Regulations) in Title 25 (Zoning) is hereby added to read as follows:

25.54.026 Arts and cultural organizations
(A) Signs, Façade Changes and Sign Programs for Arts and Cultural Organizations. It is recognized that certain public benefit non-profit arts and cultural organizations, specifically such as the Festival of Arts, the Sawdust Festival, the Art-A-Fair, the Laguna Playhouse, the Laguna Art Museum and the Laguna College of Art and Design, conduct annual or ongoing special events which have special needs in terms of the audience or patrons they serve which may not be adequately addressed by the sign requirements applicable to private commercial enterprises. (B) Criteria. The above a Arts organizations and cultural organization may apply for and receive approval for sign permits or sign programs, including façade changes, from the planning commission in accordance with the provisions of this section.

The proposed plans for a sign, façade change or sign program must: (1) specify the size and design for each sign or façade change; (2) the maximum display term; and (3) the location of each sign. The planning commission has complete discretion for these specifications, regardless of the other provisions of this chapter. The approved signs, façade changes or sign programs shall minimize clutter, be compatible with the village character of Laguna Beach, reflect an integration with the site's surroundings, promote the purpose and mission of the arts organization and not significantly differ from the historic pattern of the arts and cultural organization's signage and façade presentation.
(C) Administrative Approval. The planning commission may authorize administrative approval by the director of community development for new signs or changes to 368
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existing signs subject to and in accordance with an approved sign program. The planning commission may establish special criteria for such administrative approvals by the director when it approves an arts and cultural organization's sign program. (D) Commercial Events. Signs for any type of private commercial events located at an arts and cultural organization's site shall require separate sign permits and be subject to the requirements of this chapter.

SECTION 41. Code Amendment. Subdivision (H) of Section 25.55.006 (Permits Required) of Chapter 25.55 (Wireless Communication Facilities) is hereby added to read as follows:

Section 25.55.006 (Permits Required)
In addition to the permit requirements described below, the permit requirements of Chapter 25.07 Coastal Development Permits remain applicable except when inconsistent with federal law. . . .
(H) Exemptions. Wireless Communications Facilities owned and operated by the City or other local or regional public agency do not require a permit under this Chapter.

Such exempt wireless communications facilities shall fully comply with other applicable requirements of the Laguna Beach Municipal Code.

SECTION 42. Code Amendment. Section 25.56.011 (Major Remodels) is hereby added to Chapter 25.56 (Nonconforming Buildings, Lots, and Uses) of Title 25 (Zoning) to read as follows:

SECTION 43. Code Amendment. Chapter 25.58 (Amendments to General Plan) is hereby added to Title 25 (Zoning) to read as follows:
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Chapter 25.58 (Amendments to General Plan)

25.58.30 Initiation of Amendments
(A) Request. A request to initiate an amendment to the General Plan may be submitted by an applicant or the City. This request must occur before the City processes any applications associated with the request to amend the General Plan. (B) Initiation Factors. The following factors must be considered by the City Council for the initiation of a non-City applicant’s proposed General Plan amendment:
(1) The amendment proposed appears to be consistent with the Guiding Principles and Goals of the General Plan;
(2) The amendment proposed appears to have minimal to no material effect on the community or the General Plan;
(3) The amendment proposed provides additional public benefit to the community as compared to the existing land use designation or policy; (4) Public facilities appear to be available to serve the affected site, or their provision will be addressed as a component of the amendment process; or (5) The amendment proposed is required under other rules or regulations. (C) Public Hearing. The City Council will consider, deliberate, and act upon the initiation of all proposed General Plan amendments at a duly noticed public hearing.

If the General Plan Amendment request is not initiated, then the General Plan Amendment application will not be processed by the City. 370
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(D) Expiration. If a request to initiate a General Plan Amendment is approved by City Council, a General Plan Amendment application must be submitted within two years from the date of initiation. If no application for a General Plan Amendment is submitted within this time period, the approved initiation shall expire, become null and void, and shall not be subject to an extension.

25.58.040 Planning Commission Hearing and Recommendation (A) Hearing. Following City Council initiation and project processing by the City, the Planning Commission must conduct a duly noticed public hearing. (B) Recommendation to Council. Following the public hearing, the Planning Commission must make a written recommendation on the adoption or amendment of the General Plan or any Element thereof based on the findings listed below. A recommendation for approval must be made by a resolution carried by an affirmative vote of not less than a majority of the Planning Commission membership in accordance with California Government Code Section 65354. The Director must promptly transmit to the City Council the Planning Commission’s written recommendation, together with any maps, charts, studies, or other materials, including any required environmental analysis. (C) Required Findings. The Planning Commission must make all of the following findings in its recommendation to the City Council:
(1) The amendment is consistent with the guiding principles and goals of the General Plan.
(2) The amendment is deemed to be in the public interest.

25.58.050 City Council Hearing and Action
(A) Council Hearing. Before acting upon any proposed General Plan Amendment, the City Council must hold a duly noticed public hearing.
(B) Council Action. After the conclusion of the hearing, the City Council may approve, modify, or deny the proposed General Plan amendment. If the Council proposes any substantial modification not previously considered by the Planning Commission during its hearings, the proposed modification must first be referred back to the Planning Commission for its recommendation. (C) Required Findings. The City Council must make all of the following findings to amend the General Plan:
(1) The amendment is consistent with the guiding principles and goals of the General Plan.
(2) The amendment is deemed to be in the public interest. 371
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SECTION 44. Section 21.08.030 (Lot Line Adjustments exempted.) of Chapter

21.08 (Subdivisions) in Title 21 (Plats and Subdivisions) is hereby amended as follows (additions shown in underline and deletion shown in strikethrough):

Section 21.08.030 (Lot Line Adjustments exempted.)
(A) In accordance with Section 66412(d) of the California Government Code, a lot line adjustment between two or more existing building sites, or between parcels of land contained within an existing building site, where the land taken from one building site is added to an adjacent building site, or where interior parcel lines are eliminated for the purpose of consolidation, and where a greater number of parcels than originally existed is not thereby created, is exempt from this Chapter, provided the lot line adjustment is approved by the City Council of the City of Laguna Beach and observes the following requirements:
(1) The project site described in the proposal consists of legal building sites as defined in Title 25 (Zoning) of this code;
(2) The proposal does not create one or more building site(s); (3) Any land taken from one site will be added to an adjacent site and no additional sites will result from the lot line adjustment; (4) The project complies with the requirements of the California Environmental Quality Act;
(5) The proposal is consistent with the general plan;
(6) The parcels proposed to be adjusted by the lot line adjustment comply with all applicable zoning regulations or, in the case of existing, legal nonconforming lots, do not significantly or adversely increase the extent of such nonconformity;
(7) The lot line adjustment, in and of itself, will not result in the need for additional improvements and/or facilities;
(8) The proposal does not include any lots or parcels created illegally; (9) The project does not impair any existing access, create a need for new access, impair any existing easements or create a need for any new easements serving any adjacent lots or parcels.
(B) Application. Lot line adjustment applications shall be filed by the legal owner(s) on a form prescribed by the Director of Community Development and submitted with a fee as established by resolution of the City Council. Since the forms, if 372
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approved, must be filed for record with the Orange County recorder they shall be drawn in a clear, legible, and professional manner using conventional surveying or civil engineering techniques. An acceptable current title report, excerpt or lot book report that verifies the legal ownership of the parcels under consideration shall be submitted.
(C) Approval Authority. All lot line adjustments are considered development and therefore require a Coastal Development Permit in the Coastal Zone. Other permits may also be required.
(1) An application for a lot line adjustment shall be reviewed in conjunction with whatever other permits are required for the project in the underlying zone; the approval authority for the lot line adjustment shall be the same as the approval authority for the permits required by the underlying zone or other City rule or policy.
(2) In the case where the project only requires a lot line adjustment and a coastal development permit, the project applications may be approved or denied by the Director of Community Development. The Department of Community Development shall set a public hearing date before the Director of Community Development or designee and noticing shall be provided in accordance with the requirements of Section 25.05.065 and Section

25.07.014.
(D) Recording. Any failure to file for the record an approved lot line adjustment form within ninety days from the date of approval by the City Council Director of Community Development, or from the date of a final decision, whichever is later, shall result in a termination of approval unless prior to expiration an application for extension not to exceed an additional ninety days is submitted in writing for approval by the Director of Community Development.

SECTION 45. Code Amendment. Section 22.10.010 (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 permit 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. 373
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SECTION 46. 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 47. CEQA. This Ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines Section 15301 because it consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. Here, the recommended action meets the exemption because the City is amending its code to improve procedural efficiencies and to comply with state law. The City is not authorizing new uses that are not already established within the City through this ordinance. Furthermore, under State CEQA Guidelines Section 15265, CEQA does not apply to activities and approvals pursuant to the Coastal Act necessary for the preparation and adoption of a local coastal program because the Coastal Commission’s LCP review and approval procedures have been found to be functionally equivalent to the environmental review process. Therefore, the adoption of the Ordinance amending the City’s local coastal program is statutorily exempt from CEQA. Upon taking the recommended action, City staff will cause to be filed within five calendar days a notice of exemption with the County and State Clearinghouse.
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SECTION 50. 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 51. Publication. The City Clerk 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 ____________, 2026.

Mark Orgill, Mayor
Ann Marie McKay, City Clerk
APPROVED AS TO FORM:
____________
Megan Garibaldi, City Attorney
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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 _______________, 2026, and was finally adopted at a regular meeting of the City Council of said City held on _______________, 2026, by the following vote:

AYES: COUNCILMEMBER(S):

NOES: COUNCILMEMBER(S):

ABSTAIN: COUNCILMEMBER(S):

ABSENT: COUNCILMEMBER(S):

City Clerk, City of Laguna Beach, CA
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Attachment 7
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Protect the Cottage, Not the Box
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Dear Council Members,
The desire to "streamline" the Design Review Board (DRB) process is a logical response to administrative backlog. However, as currently drafted, the DRB Efficiency Ordinance risks sacrificing the very soul of Laguna Beach, our unique cottage character in favor of administrative speed.

I support bypassing the DRB for homeowners who choose to build responsibly. If a resident proposes a small, one-story cottage with double the required setbacks, they are contributing to the preservation of our village scale. That resident should be rewarded with an expedited "administrative" path. However, the current proposal creates a "one-size-fits-all" streamlining that treats a charming 1,200 sq. ft. cottage the same as a 3,500 sq. ft. modern "square box." Without specific protections for mass and scale, we are effectively incentivizing developers to build to the maximum allowable envelope without the public oversight that has kept Laguna from looking like every other coastal suburb.

Why Height and Mass Matter :To put the stakes in perspective, consider the physical impact on a typical Laguna street:
• The "Village" Standard: A classic Laguna cottage often sits at roughly 12 to 14 feet in height. This allows for sunlight, air circulation between neighbors, and a "human scale" at the street level.
• The "Box" Threat: Under the proposed "efficiency" standards, a developer could potentially push a structure to the 15-foot maximum with no articulation, a flat roof, and up to the setbacks only slightly increased with 20%.

A 15-foot wall is not just a building; it is a "massing event" that changes the character of a neighborhood forever. If we are to allow "Administrative Design Review," it should be reserved for projects that voluntarily stay 20% below the maximum height and 25% above the minimum setbacks and a cottage design.

My Recommendation:

1. Postpone the Vote: This ordinance is too significant to rush. Please agree to a 60-day postponement to allow for a stakeholder workshop involving local designers and residents who understand the nuance of Laguna’s topography and village character.

3. Define "Charming" through Code: Codify specific design elements—such as pitched roofs and recessed roof lines—that qualify for streamlining, rather than allowing flat-roofed "cubes" to bypass public review.

Laguna Beach did not become world-famous because of its "efficient" permit processing; it became famous because it was meticulously protected.

Let us streamline the right kind of growth, not just any growth.

Respectfully,
Joy Berry
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1 McKay, Ann Marie CC
From: Laguna Beach City Clerk
Subject: Item #22
-----Original Message-----
From: Anne Caenn
Sent: Monday, May 11, 2026 9:07 AM
To: City Council <[email protected]>; Laguna Beach City Clerk <[email protected]> Subject: Item #22
Mayor Orgill and Councilmembers,
It is easy to understand why you are looking to streamline the design review board process. In reading the staff reports, it seems like problems will occur, parƟcularly that it will be easier for developers to bypass the scruƟny that keeps Laguna charming. As a long Ɵme, resident with concerns about keeping our town beauƟful, I request that you postpone the vote and allow Ɵme for a town meeƟng to receive input and suggesƟons from those who will be working with the system such as developers, designers and architects, as well as residents before, changing the rules that protect our village.

Best,
Anne
Anne Caenn
xxx Katella Street
Laguna Beach, CA 92651
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Subject: Regular Business Item #22 - DESIGN REVIEW EFFICIENCY ORDINANCE AND EFFICIENCY

ORDINANCE
From: Mike
Sent: Sunday, May 10, 2026 3:57 PM
To: City Council <[email protected]>
Subject: Regular Business Item #22 - DESIGN REVIEW EFFICIENCY ORDINANCE AND EFFICIENCY ORDINANCE Dear City Council:

As a homeowner who has lived with the consequences of the earlier efforts at "DRB Streamlining", I would ask you to approach this latest effort with extreme caution. There are always unintended consequences that accompany streamlining, especially when developers have such a strong financial incentive to exploit grey areas to their advantage.

I'm especially concerned with the proposition of exempting the following from Design Review entirely:
a) changes that do not constitute a major remodel
b) new primary dwelling units that do not exceed a height of 15 feet and a single story, with greater setbacks than those required by the underlying zone as specified, and otherwise complying with all applicable objective development standards in the Zoning Code
Speculators will expand what is intended under (a) and will likewise push projects to be covered under (b), which, when viewed in their entirety, they should not be.

The previous "streamlining" changes resulted in a 6-year tsunami of projects in my lower Mystic Hills area, with ever larger projects competing to outdo the next.

If delays in the DRB process are the impetus for this current effort might I suggest that the DRB be expanded, perhaps establishing a 2nd DRB panel so that greater throughput is possible. To achieve a reduced DRB backlog by reducing the projects that are required to go before DRB is a bad idea that will accelerate the loss of the unique charm that Laguna Beach is supposed to embody. Please do not move forward with this approach to reducing the DRB backlog.

Regards,
Michael Morris
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Subject: Request delay regarding streamlining the Design Review Board From: Susan Skinner
Sent: Saturday, May 9, 2026 2:26 PM
To: City Council <[email protected]>
Subject: Request delay regarding streamlining the Design Review Board Dear Laguna Beach City Council,
I would like to request that you delay the decision regarding the Design Review Board streamline process in order to give the community more of an opportunity to weigh in on these changes.

A decision to change the process may well have unintended consequences that haven't been considered and allowing a more vigorous debate from the community gives the council that input to consider before making the decision.

Thank you,
Susan Skinner
31561 Table Rock Dr., #419
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Subject: Agenda Item 22 and Agenda Item #23
From: Darrylin Girvin
Sent: Sunday, May 10, 2026 4:24 PM
To: City Council <[email protected]>
Subject: Agenda Item 22 and Agenda Item #23
Dear City Council members
I am writing to ask you to postpone the vote on Item# 22 and let the community of residents, architects and local designers to weigh in on the DRB process change.

The reason DRB exists is to maintain and preserve Laguna Beaches Village character from its very inception.

This includes any building affecting our community from downtown to new homes or remodels.

If you put this in the hands of personnel who may not have the knowledge of Laguna's history or know codes or have an opportunity to know the applicant this could be devastating to all concerned.

DRB is vital to our building process.

Also, if this is a way to garner more funds for inappropriate City ordinances I'm totally against this.

Item #23
The new DRB fees that are being suggested for the appeals are unreasonable and ridiculous and discourage opponents to a project.

I received a notice for a property north of me and was shocked to see the cost if I was to appeal it.

This is discouraging to any neighbor who may not have funds to appeal.

This is just one more way the City needs money to pay for all the personnel that have been hired.

Darrylin Girvin
Laguna Beach resident
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Subject: DRB Streamlining
Attachments: Protect the Cottage.pdf
Dear Council Members,
The desire to "streamline" the Design Review Board (DRB) process is a logical response to administrative backlog. However, as currently drafted, the DRB EƯiciency Ordinance risks sacrificing the very soul of Laguna Beach, our unique cottage character in favor of administrative speed.

I support bypassing the DRB for homeowners who choose to build responsibly. If a resident proposes a small, one-story cottage with double the required setbacks, they are contributing to the preservation of our village scale. That resident should be rewarded with an expedited "administrative" path. However, the current proposal creates a "one-size-fitsall" streamlining that treats a charming 1,200 sq. ft. cottage the same as a 3,500 sq. ft. modern "square box." Without specific protections for mass and scale, we are eƯectively incentivizing developers to build to the maximum allowable envelope without the public oversight that has kept Laguna from looking like every other coastal suburb.

Why Height and Mass Matter :To put the stakes in perspective, consider the physical impact on a typical Laguna street:
 The "Village" Standard: A classic Laguna cottage often sits at roughly 12 to 14 feet in height. This allows for sunlight, air circulation between neighbors, and a "human scale" at the street level.
 The "Box" Threat: Under the proposed "eƯiciency" standards, a developer could potentially push a structure to the 15-foot maximum with no articulation, a flat roof, and up to the setbacks only slightly increased with 20%.

My Recommendation:

2. Tiered Streamlining: Create a "Green Track" for cottages. If a project is single-story and under a certain square footage, under the 15’ height, and has cottage mass and scale then bypass the DRB; all others must remain under the scrutiny of the DRB. 389
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2 3. Define "Charming" through Code: Codify specific design elements—such as pitched roofs and recessed roof lines—that qualify for streamlining, rather than allowing flatroofed "cubes" to bypass public review.

Laguna Beach did not become world-famous because of its "eƯicient" permit processing; it became famous because it was meticulously protected. Let us streamline the right kind of growth, not just any growth.

Respectfully,
Joy Berry
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5/11/26
To City Council and City Manager,
On behalf of our membership and South Laguna neighborhood residents, the South Laguna Civic Association (SLCA) writes regarding the proposed Design Review Efficiency Ordinance and related amendments currently before the Council.

SLCA supports efforts to improve the efficiency, predictability, fairness, and consistency of Laguna Beach’s development review process for all parties, including both applicants and impacted neighbors. We recognize the State’s increasing push toward streamlined and objective standards and the legitimate need to reduce unnecessary delay. We also believe that Administrative Design Review can be an appropriate and efficient path for many smaller or straightforward projects.

We are concerned, however, that portions of the current proposal weaken important community protections without addressing the actual sources of delay in the City’s development process. In our experience, significant project slowdowns more often stem from inconsistent interpretations, repeated administrative review cycles, shifting staff direction, and fragmented coordination between departments—not from the Design Review Board itself.

This concern is especially important in South Laguna, where unique zoning protections and carefully developed community standards are proposed to be repealed or weakened as part of this ordinance. SLCA strongly objects to the proposed repeal of the South Laguna Village Commercial Zone performance standards contained in Section 25.25.010.

While the City may seek more objective standards, the existing South Laguna provisions were intentionally crafted to preserve compatibility between commercial development and surrounding residential neighborhoods, which in South Laguna frequently exist in unusually close proximity with limited separation. These standards address issues fundamental to South Laguna’s character, including pedestrian orientation, neighborhood scale, landscaping, traffic impacts, architectural compatibility, protection of views, and the relationship between commercial and residential uses. These are not abstract or unnecessary provisions, but placespecific protections developed through years of public planning and community input.

We are also concerned that a broad expansion of Administrative Design Review, paired with increasingly high appeal costs, risks undermining one of Laguna Beach’s defining strengths:
meaningful community participation in shaping neighborhood character. Issues involving neighborhood compatibility and community character should default to public forums whenever possible, not become matters residents must challenge through costly appeals in response to staff-level determinations. The growing cost of appeals risks placing meaningful public participation increasingly out of reach for average residents. The Design Review Board 391
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—with all of its flaws—continues to serve an important civic function by providing transparency, accessibility, and a fair, standardized public process.

SLCA supports thoughtful reforms that improve efficiency and reduce unnecessary delay. Yet in pursuing these goals, we respectfully urge the Council to retain the South Laguna Village performance standards and ensure that any expansion of Administrative Design Review preserves meaningful public participation, transparent noticing procedures, and accessible oversight for projects with broader community impacts.

Thank you for your consideration.

In partnership,
Greg O’Loughlin
President
South Laguna Civic Association
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To preserve and enhance the unique village character of Laguna Beach May 6, 2026
Re: Design Efficiency Ordinance and Fee Schedule
City Council:

Village Laguna supports retaining the existing structure, scope and responsibilityofour Design Review Board and recommends reconsidering revising the scope of the Administrative Design Review process.

While we understand that the state has imposed new requirements emphasizing ministerial approvals we question the need for such extensive changes to the Design Review requirements and processes to address chronic “delays and slow pacing of project approvals.” We seriously question whether such extensive changes to the Design Review process are the appropriate solution to these very real problems. We are concerned that public participation and tools for maintaining the appreciated character of our city will suffer as a result of these proposed changes.

Design Review is an Asset
It is critical that we preserve our unique village character. San Francisco isnot East Hampton, Marfa is not Palm Springs, Carmel is not Martha's Vineyard, Laguna Beach is not Irvine.

Design Review maintains our unique character by providingaforumtoensure adherence to our carefully thought-out zoning, planning and design guidelines. It does not need to be restructured/"streamlined" to encourage circumventing these. By sending more projects to Administrative Design Review with appeal an onerously expensive option, important factors can remain unaddressed.

Fromitsinception the Design ReviewBoard hasmonitored and provided guidance for remodels, revisions and newconstruction. It hasdonethissuccessfullythrough many members' terms. It provides residents assurance that barbeques and decks won't belocated adjacent totheir bedrooms, that a purely decorative non-functioning chimney will not block their primary view, thatlandscapingwill beappropriate - neither growing into views nor being too scanty to provide a visual connection to the earth. It assures a fair and reasonable hearing and all ofthis done in a non-confrontationalsetting where both applicants and concerned residents are heard. The Board facilitates those win-win situations with mid-century moderns adjacent to"Laguna Charmers" inour acclaimed eclectic neighborhoods. To move these important itemsfrom the Board's purviewtoacasual and abbreviated hearing before various (possibly rotating)staff members in the Administrative Design Review process is a serious mistake and does a disservice to all parties.
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More Items Sent to Administrative Design Review?
Adding considerably more items to Administrative Design Review will most likely cause a commensurate delay in that process. Hearings are inconveniently held during working hours rather than in the evening. The proposed ordinance provides that hearings are to be requested by anyone with concerns within 15 days of date of mailing. Allowing for mail delivery time which is not reliable, that can mean ten days or less to respond and this doesn't take into account that vacations away from home typically last for two weeks. Failure by a person to request a public hearing will result in an automatic approval, according to the proposal. If someone does request a hearing then a hearing date must be set and the noticing repeated. It seems that it would be more efficient and fair to continue with the present system which allows for more time for neighbors to respond and would not require repeat noticing.

While the ordinance does provide for the Administrative Design Review hearing officer to refer projects to the regular Design Review Board (DRB), in practice this rarely happens. The referral is completely at the discretion of the hearing officer/Director of Community Development and it is not in the interest of the department work load to do such a referral. It’s just easier to ignore community requests for hearing at DRB and to tell the requesting members of the public, “You can appeal to DRB or Planning Commission.” Such an appeal is very costly, and the appeal fee seems to increase every year. Now an appeal fee of $2500 is being proposed.

This is extremely unfair to our residents.

The previous system was so much better. CDD staff invited concerned parties to a conference room where the plans were laid out. Staff asked if there were any questions or concerns.

Staff, applicant and neighbors looked at the plans together and often most questions were resolved and the applicant agreed to some adjustments. If there were outstanding issues that could not be agreed on, staff would refer the item to DRB. Now the hearings are unnecessarily formal, there is no forum to look at the plans together and the CCD decisions are final without an expensive appeal. Please reinstate the previous method.

The proposal inverts the Design Review relationship—listing uses requiring Design Review providing that anything not listed as requiring Design Review is exempt. Exemptions under MC

25.05.040 (B)(2) are clearly listed as A through Z. With constant changes in processes, materials, etc., occurring, it seems clearer, more specific and more efficient to continue to list exemptions as those surface rather than listing those subject to Design Review, or stating that the list of those subject to Design Review is not conclusive and may be added to based on the findings of the Community Development Director.

The following items need further consideration, clarification or amendment:

Section 3. Code Amendment(B)(2)(i) Exempt from Design Review (b) (i) (ii) Any improvement or building that does not exceed a height of 15 feet above the adjacent, legal ground elevation and provides 20% greater setbacks than normally required.

This change should be examined with some examples to be sure there are not unintended consequences. For example, in a project like the Shopoff house north of the West St. stairs 394
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there is a very large lot so increasing the setbacks would be no problem. But a 15’ height limit would stll have allowed a very large house, and one that would completely block views from Coast Highway and the neighbors across the street. Design Review approved a large house but one that is completely below the Coast Highway. It is very risky to exempt any new house from Design Review.

Exempt from Design Review (o) and (p) and (iii) Landscaping that does not exceed 16 feet in height. The height of plantings is not the only consideration in approving landscaping. The landscape guidelines of the “Landscape and Scenic Highways Resource Document” should also be required as noted in Section 3. Code Amendment (H) (6). The landscape plans should not be exempt just based on height limits.

Exempt from Design Review (u) Swimming pools and spas no more than three (3) feet above adjacent, legal ground surface. The height of a pool above grade could be a factor in potential impact on neighbors, but impact is more likely to be related to size, placement, type of water feature and noise potential. Pools should not be exempt solely because of their height above grade.

Section 3. Code Amendment(B)(3)(b) The Community Development Department director grant permits if no request is made for a hearing after noticing to neighbors, allowing 15 days from the date of sending the notice. This requires neighbors to access the plans at the city “during normal operating hours.” Omit this system for automatic approval if no request for hearing is made within 15 days.

Section 18. Design Criteria. In changing Design Criteria to Standards, many important topics have been omitted—references to the general plan, effect on environment, mass and scale, building size, architectural style, grading, landscaping…This one example of items that relate to preservation of the community environment being removed from the code. Reconsider.

Section 22 South Laguna Village Commercial Zone Performance Standards are repealed. The ability to include performance standards is an important part of having this separate and unique zone. Do not repeal.

Section 23 Institutional zone, Section 24 and 25 Arch Beach Heights , Section 26 Sarah Thurston Park, Section 27 Three Arch Bay standards are modified. A great deal of public attention was given to drafting the details in these zones as parts of specific plans and other efforts and they should not be summarily changed or repealed.

Section 32 Historic Preservation requirements are modified. Section 25.45.010 (C)Heritage Committee review should be included in the review of historic resource report assessments.

Section 39 Luminous tube signs. Village Laguna supports the Planning Commission’s deletion of these signs (neon is one example) from the list of allowed signage.

Noticing and appeals. The ordinance assumes that members of the public who live within the 300’ noticing area are the only relevant parties to notice, and they are the only ones who can appeal. We should consider that there are items of general public interest that may surface as 395
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part of project review, especially related to public works projects, public views, tree protection and historic preservation. The ordinance should provide for broader noticing and rights to appeal to protect community features of public interest.

Fee Increases for appeals Village Laguna objects to increasing the fees for appeals (now staff suggests $4500!) and asks the Council to restore the more reasonable fee of $750 to appeal to Council. Many of these appeals are in the public interest and provide the benefit of community knowledge to the public discussion. Appeals elevate the public discussion and raise important issues for council consideration. Appellants should not be penalized for dedicated participation in the city process.

Administrative Design Review appeals should be free, or better yet if there are outstanding issues remaining after Admin DR testimony, the hearing officer should just forward the item to the DRB or Planning Commission as discussed above.

Please consider these comments and ask staff to revise the proposal.

Sincerely,
Merrill Anderson, President
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STAFF REPORT
Meeting Date:

June 23, 2026

NON APPEAL
27 SUBJECT: FIRST READING OF DESIGN REVIEW EFFICIENCY ORDINANCE AND

EFFICIENCY ORDINANCE AND RELATED ACTIONS
RECOMMENDATION: It is recommended that the City Council:

1. Waive full reading and introduce by title only an Ordinance titled, "AN ORDINANCE OF THE

SAID ACTION EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT UNDER CEQA GUIDELINES SECTION 15301;

2. Waive full reading and introduce by title only an Ordinance titled, "AN ORDINANCE OF THE

FINDING SAID ACTION EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT UNDER CEQA GUIDELINES SECTION 15301”;

3. Direct staff to incorporate the proposed draft changes to the Sarah Thurston Park Specific Plan into the Comprehensive Zoning Code Update;

4. Direct staff to return with the Ordinances, identified in recommendations 1 and 2, above, for a second reading and adoption at the July 21, 2026, City Council meeting;

5. Direct City staff to present an urgency version of the Design Review Efficiency Ordinance at the July 21, 2026, City Council meeting;

6. Direct City staff to return with a proposed City Council resolution with revisions to the Design Guidelines – A Guide to Residential Development that are consistent with the revisions to the Design Review Efficiency Ordinance; and

7. Find that the recommended actions are exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 and in the alternative is statutorily exempt under CEQA Guidelines Section 15265.

SUMMARY OF THE MATTER
Following publication of the staff report, staff received comments and concerns from residents regarding the proposed amendments to the Sarah Thurston Park Specific Plan (the “Specific Plan”). The Specific Plan consists of the Sarah Thurston Specific Plan text (70-page PDF document), which is available on the City’s website, and Chapter 25.39 of the Laguna Beach Municipal Code. Staff had proposed amendments to both components primarily to eliminate inconsistencies between them. 397 of 604

FIRST READING OF DESIGN REVIEW EFFICIENCY ORDINANCE AND EFFICIENCY

ORDINANCE
June 23, 2026

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Laguna Beach City CouncilJune 23, 2026

Laguna Beach City Council
June 23, 2026