URGENCY ORDINANCE NO. XXXX
AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LAGUNA BEACH EXTENDING URGENCY ORDINANCE NO.
1732 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 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, the California Coastal Act (“Coastal Act”) is a comprehensive scheme governing land use planning for the state’s entire coastal zone; and WHEREAS, as part of its enactment, the Legislature made several findings related to the Coastal Act’s purpose: (1) the coastal zone “is a distinct and valuable natural resource of vital and enduring interest to all the people”; (2) that “permanent protection of the state’s natural and scenic resources is of paramount concern”; (3) that “it is necessary to protect the ecological balance of the coastal zone”; and (4) that “existing developed uses, and future developments that are carefully planned and developed consistent with the policies of [the Coastal Act], are essential to the economic and social well-being of the people of this state. . . .” (Pub. Res. Code §§ 30001(a), (d)); and Attachment 1
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WHEREAS, the Coastal Act is “interpreted liberally to accomplish its objectives” and relies heavily on local governments “[t]o achieve maximum responsiveness to local conditions, accountability, and public accessibility. . . .” (Pub. Res. Code § 30004(a); Pub. Res. Code § 30009).
The Coastal Act requires local governments to develop local coastal programs (“LCPs”), comprised of a land use plan and implementing ordinances, to promote the Coastal Act’s objectives. (Id.; see also Pub. Res. Code §§ 30001.5; 30500–30526.) Once the California Coastal Commission certifies a local government’s program, the Coastal Commission delegates authority over coastal development permits to the local government. (Pub. Res. Code §§ 30519(a); 30600.5(a)-(c)); and WHEREAS, the City has authority over coastal development permits by virtue of the California Coastal Commission’s January 13, 1993 certification of the City’s LCP. The Coastal Act allows the Coastal Commission to specify, by regulation, those classes of development which involve a risk of adverse environmental effect and require coastal development permits. (Pub. Res. Code § 30610.) Through its certified LCP, the City has the authority to specify those classes of development which involve a risk of adverse environmental effect and require coastal development permit; and WHEREAS, as recognized by the Coastal Commission, the City’s LCP is comprised of a Land Use Plan and an Implementation Plan. The Land Use Plan consists of several planning documents, including, but not limited to, the Coastal Land Use Plan Technical Appendix (“Coastal Technical Appendix”) and the General Plan’s Land Use and Open Space/Conservation Elements. The LCP’s Implementation Plan is comprised of numerous resources, including, among other things, Laguna Beach Municipal Code Title 25 (Zoning Code), Title 22 (Excavation and Grading), and Title 6 -3- Ord. XXXX
16 (Water Quality).1, 2 The documents that collectively comprise the City’s certified LCP are publicly accessible on the City’s website (linked in footnote 2, below); and WHEREAS, periodically the City identifies sections of its LCP 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, in early 2024, City staff began considering measures to address backlog and improve processing within the Community Development Department and began drafting an ordinance; and
WHEREAS, on October 1, 2024, the City held a Community workshop, where it sought feedback on potential solutions to Community Development Department backlog and process, including a Design Review Efficiency Ordinance (“DR Efficiency Ordinance”); and WHEREAS, on October 17, 2024, the City released copy of the DR Efficiency Ordinance to the public and a coversheet summarizing changes and asked for feedback from the public by certain deadline; and
WHEREAS, City staff revised the DR Efficiency Ordinance to address public comments; and
WHEREAS, on March 12, 2025, the City Council, Planning Commission, and Design Review Board met in a joint study session on the DR Efficiency Ordinance; and WHEREAS, City staff revised the DR Efficiency Ordinance to address comments from public, City Council, Planning Commission, and Design Review Board; and 1 See e.g., p. 9 of April 12, 2023 Coastal Commission staff report, which can be accessed at:
https://documents.coastal.ca.gov/reports/2023/4/W12b/W12b-4-2023-report.pdf 2 The materials that collectively comprise the City’s certified LCP can be accessed here:
https://www.lagunabeachcity.net/government/departments/community-development/planning-zoning/land-useplans/local-coastal-program. 7 -4- Ord. XXXX
WHEREAS, on April 8, 2025, the City Council considered revised version of the DR Efficiency Ordinance based on feedback from public, Planning Commission, and Design Review Board and provided direction to staff to implement modifications and proceed to Planning Commission; and
WHEREAS, City staff revised the DR Efficiency Ordinance to address City Council direction; and
WHEREAS, on July 22, 2025, in recognition of mandated state housing laws, the City Council held a meeting and discussed (1) development of objective design standards for multifamily residential (to implement existing obligation under City's adopted Housing Element) and (2) development of objective design standards for primary dwelling units; and WHEREAS, City staff revised the DR Efficiency Ordinance to address City Council direction; and
WHEREAS, on November 18, 2025, the City Council considered a revised version of the DR Efficiency Ordinance and provided direction to staff to (a) implement modifications; (b) present to Coastal Commission staff; and (c) proceed to Planning Commission; and WHEREAS, City staff revised the DR Efficiency Ordinance to implement City Council direction and submitted it to Coastal Commission staff; and WHEREAS, City staff reviewed two sets of Coastal Commission staff comments and revised the DR Efficiency Ordinance; and
WHEREAS, on March 18, 2026, the Planning Commission reviewed a revised version of the DR Efficiency Ordinance and provided direction; and WHEREAS, City staff revised the DR Efficiency Ordinance to implement Planning Commissions’ direction; and
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WHEREAS, City staff reviewed a third set of Coastal Commission staff comments and revised the DR Efficiency Ordinance; and
WHEREAS, on May 11, 2026, the City Council held a public hearing and considered the first reading of the DR Efficiency Ordinance and provided direction to City staff; and WHEREAS, City staff revised the DR Efficiency Ordinance to address City Council direction; and
WHEREAS, on June 23, 2026, the City Council held a public hearing and considered a revised version of the DR Efficiency Ordinance and introduced the DR Efficiency Ordinance for first reading; and
WHEREAS, Government Code Section 65858 provides that, without following the procedures otherwise required prior to the adoption of a zoning ordinance, an urgency measure in the form of an interim ordinance may be adopted by a four-fifths vote of the City Council for the immediate preservation of the public peace, health or safety; and WHEREAS, Government Code Section 65858 further provides that such an urgency measure shall be effective for only 45 days following its adoption, but may be extended beyond the initial 45-day period, following compliance with that Section, for an additional 22 months and 15 days; and
WHEREAS, on July 21, 2026, the City Council adopted the non-urgency version of the DR Efficiency Ordinance, and finding that there was a current and immediate threat to the public health, safety, or welfare if it did not adopt Urgency Ordinance No. 1732, the City Council therefore adopted Urgency Ordinance No. 1732 under Government Code Sections 65858 and 36937; and
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WHEREAS, since the adoption of Urgency Ordinance No. 1732 on July 21, 2026, City staff has transmitted the non-urgency version of the DR Efficiency Ordinance (Ordinance No. 1730) and Resolution No. 26.059 adopting corresponding modifications to the Design Guidelines - A Guide to Residential Development (the “DR Guidelines”) to the California Coastal Commission and requested that the Coastal Commission consider, approve, and certify the Local Coastal Program amendment; and
WHEREAS, Urgency Ordinance No. 1732 is set to expire on September 4, 2026 but can be extended for 22 months and 15 days following the initial 45-day period. (See Government Code Section 65858(b).); and
WHEREAS, Government Code Section 65858 provides that, without following the procedures otherwise required prior to the adoption of a zoning ordinance, an urgency measure in the form of an interim ordinance may be extended by a four-fifths vote of the City Council to protect the public from a current and immediate threat to the public health, safety, or welfare; and WHEREAS, California Government Code Section 36937 provides that an ordinance takes effect immediately if the ordinance is for the immediate preservation of the public peace, health or safety, containing a declaration of the facts constituting the urgency, and is passed by a four-fifth vote of the City Council; and
WHEREAS, the City Council finds that there is a current and immediate threat to the public health, safety, or welfare because the DR Efficiency Ordinance amends the City’s LCP and the Coastal Act requires that the Coastal Commission review and certify the DR Efficiency Ordinance before it becomes effective. (Pub. Res. Code, § 30514(a); see also Laguna Beach Municipal Code, §
25.07.026(E).) The duration of the Coastal Commission’s review and certification process can vary, and, in some instances, has taken numerous months. The City Council desires to ensure that ensure 10 -7- Ord. XXXX
that the City’s Municipal Code and LCP are consistent to improve and enhance the functions and operations of the City and to prevent the City from falling back into a backlog of processing applications, especially in light of state-mandated housing laws that demand the City process applications efficiently and timely, during the pendency of the DR Efficiency Ordinance’s review by the Coastal Commission; and
WHEREAS, the City is authorized by law to adopt an interim ordinance that is effective immediately upon adoption without Coastal Commission certification when the ordinance does not conflict with the Coastal Act and does not authorize a use other than that designated as permitted in the LCP. (Conway v. City of Imperial Beach (1997) 52 Cal. App. 4th 78, 88–89.); and WHEREAS, the City’s interim ordinance, consisting of Urgency Ordinance No. 1732 and this Ordinance, addresses land uses that are already allowed within the City’s certified LCP and does four primary things: (1) codifies existing staff procedures and interpretations that are not clearly identified in the Zoning Code; (2) reduces the level of Design Review required for various project types; (3) consolidates the Design Review criteria; and (4) other and miscellaneous changes, which include removal of duplicative language that is redundant to the Design Review criteria and the re-wording of certain development standards and other code provisions for clarity; and
WHEREAS, staff has issued a written report to the City Council on the progress to alleviate the condition which led to the adoption of Urgency Ordinance No. 1732; and WHEREAS, City staff provided notice of a public hearing on this urgency Ordinance in accordance with law; and
WHEREAS, on August 4, 2026, the City Council held a public hearing on this urgency Ordinance in accordance with law; and
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WHEREAS, all other legal prerequisites to the adoption of this urgency Ordinance have occurred.
NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH DOES ORDAIN, AS FOLLOWS:
SECTION 1. Incorporation. The recitals above are each incorporated by reference and adopted as findings by the City Council.
SECTION 2. 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, this City Council action meets the exemption because the City is extending an urgency ordinance that improves procedural efficiencies and to comply with state law. The City is not authorizing new uses that are not already established within the City through the actions. City staff is directed to cause to be filed within five calendar days a notice of exemption with the County and State Clearinghouse.
SECTION 3. Urgency Findings. Given the foregoing, the City Council hereby finds that there is a current and immediate threat to the public health, safety, and welfare since the DR Efficiency Ordinance amends the City’s LCP and the Coastal Act requires that the Coastal Commission review and certify the DR Efficiency Ordinance before it becomes effective. (Pub. Res.
Code, § 30514(a); see also Laguna Beach Municipal Code, § 25.07.026(E).) The duration of the Coastal Commission’s review and certification process can vary, and, in some instances, has taken numerous months. The City Council desires to ensure that ensure that the City’s Municipal Code and LCP are consistent to improve and enhance the functions and operations of the City and to prevent 12 -9- Ord. XXXX
the City from falling back into a backlog of processing applications, especially in light of statemandated housing laws that demand the City process applications efficiently and timely, during the pendency of the DR Efficiency Ordinance’s review by the Coastal Commission. Extending Urgency Ordinance No. 1732 effectuates the foregoing and protects the public health, safety and welfare.
SECTION 4. Extension. Urgency Ordinance No. 1732 is hereby extended for 22 months and 15 days, unless earlier repealed by the City Council or extended in accordance with the provisions set forth in California Government Code Section 65858.
SECTION 5. Publication. The City Clerk is directed to certify to the adoption of this Urgency Ordinance and post or publish this Urgency Ordinance as required by law.
SECTION 6. Custodian of Records. The custodian of records for this Urgency Ordinance is the City Clerk and the records comprising the administrative record are located at 505 Forest Avenue, Laguna Beach, CA 92651.
SECTION 7. Severability. If any provision of this Urgency Ordinance or its application to any person or circumstance is held to be invalid by a court of competent jurisdiction, such invalidity has no effect on the other provisions or applications of the Ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this Urgency Ordinance are severable. The City Council declares that it would have adopted this Urgency Ordinance irrespective of the invalidity of any portion thereof.
ADOPTED this 4th day of August, 2026.
Mark Orgill, Mayor
Ann Marie McKay, City Clerk
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APPROVED AS TO FORM:
____________
Megan Garibaldi, City Attorney
I, Ann Marie McKay, City Clerk of the City of Laguna Beach, do hereby certify that the foregoing extension of Urgency Ordinance No. 1732 was adopted at a regular meeting of the City Council on August 4, 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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