STAFF REPORT
Meeting Date:
August 4, 2026
NON APPEAL
22 SUBJECT: ADOPTION OF AN URGENCY ORDINANCE EXTENDING URGENCY ORDINANCE NO. 1732, AMENDING THE 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 ADOPTION OF A 10-DAY REPORT ON ACTIONS TAKEN TO ALLEVIATE
CONDITIONS THAT LED TO URGENCY
RECOMMENDATION: It is recommended that the City Council conduct a public hearing and take the following actions:
1. Adopt an urgency Ordinance titled, 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,” extending Urgency Ordinance No. 1732 for 22 months and 15 days;
2. Adopt a report describing the measures to alleviate conditions that led to the adoption of Urgency Ordinance No. 1732 (the “10-Day Report”); and
3. Find that the recommended actions are exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15301.
SUMMARY OF THE MATTER
At its July 21, 2026 meeting, the City Council waived the second full reading and adopted by title only an ordinance amending its municipal code and certified Local Coastal Program (“LCP”) to modify Title 25 (Zoning), Title 21 (Subdivisions), and Title 22 (Excavating, Grading, and Filling) to streamline the design review and other processes (the “DR Efficiency Ordinance”, or “Ordinance No. 1730”), in conjunction with the adoption of a Resolution making corresponding changes to the Design Guidelines - A Guide to Residential Development (the “DR Guidelines”, or “Resolution No. 26.059”). Additionally, the City Council also waived the second full reading and adopted by title only an ordinance amending its municipal code to modify Chapter 7.25 (Noise), Chapter 12.08 (Preservation of Heritage Trees), Chapter 12.16 (View Preservation and Restoration), and Chapter 17.50 (Private Sewer Laterals) to improve consistency within the Laguna Beach Municipal Code (the “Efficiency Ordinance”). Lastly, the City Council adopted an urgency ordinance version of the DR Efficiency Ordinance to ensure that the City’s Municipal Code and Local Coastal Program 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 statemandated housing laws that demand the City process applications efficiently and timely, during the EXTENSION OF INTERIM LAND USE ORDINANCE/URGENCY ORDINANCE NO. 1732
REGARDING DESIGN REVIEW EFFICIENCY
August 4, 2026
pendency of the Coastal Commission review and certification of the non-urgency DR Efficiency Ordinance (“Urgency Ordinance No. 1732”). (Attachment 3.)
Urgency Ordinance No. 1732 currently expires on September 4, 2026. (The July 21, 2026, City Council staff report and hearing minutes for the second reading of the DR Efficiency Ordinance and Efficiency Ordinance, adoption of the urgency ordinance version of the DR Efficiency Ordinance, and adoption of the DR Guidelines are provided as Attachments 4 and 5, respectively.) Under state law, after notice and a public hearing, an interim ordinance can be extended for 22 months and 15 days following the initial 45-day period. (See Government Code Section 65858(b).) Upon adoption, this Interim Ordinance (Attachment 1) will extend the provisions of Urgency Ordinance No. 1732 for 22 months and 15 days to ensure that the City’s Municipal Code and Local Coastal Program 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 Coastal Commission review and certification of the non-urgency DR Efficiency Ordinance. Under state law, the City Council must issue a written report describing the measures taken to alleviate the condition which led to the adoption of Urgency Ordinance No. 1732 10 days prior to the expiration of the interim ordinance. (Government Code Section 65858(d).) The 10-Day Report, provided as Attachment 2, has been prepared describing the measures taken to alleviate the condition which led to the adoption of Urgency Ordinance No. 1732, as required by state law.
DISCUSSION
A. Adoption of Urgency Ordinance
California 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.
Government Code Section 65858(b) further provides that such an urgency measure shall expire 45 days following its adoption, but may be extended beyond the initial 45-day period, following compliance with Government Code Section 65090, which requires notice and a public hearing, for an additional 22 months and 15 days.
Pursuant to Section 65858, the City Council adopted Urgency Ordinance No. 1732 to modify Title 25 (Zoning), Title 21 (Subdivisions), and Title 22 (Excavating, Grading, and Filling) to streamline the design review and other processes. Urgency Ordinance No. 1732 is scheduled to expire on September 4, 2026.
B. Extension of Urgency Ordinance
Under state law, after notice and a public hearing, an interim ordinance can be extended for 22 months and 15 days following the initial 45-day period. (See Government Code Section 65858(b).) Since the July 21, 2026 adoption of urgency and non-urgency versions of the DR Efficiency Ordinance in conjunction with the adoption of corresponding modifications to the DR Guidelines, City staff has EXTENSION OF INTERIM LAND USE ORDINANCE/URGENCY ORDINANCE NO. 1732
REGARDING DESIGN REVIEW EFFICIENCY
August 4, 2026
transmitted Ordinance No. 1730 and Resolution No. 26.059 to the California Coastal Commission and requested that the Coastal Commission consider, approve, and certify the Local Coastal Program amendment.
Government Code Section 65858 provides that 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. Further, 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.
Here, 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 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 Ordinance No. 1730’s review by the Coastal Commission.
Therefore, to protect public safety, health, and welfare, the City Council may adopt this Ordinance as an urgency measure by a four-fifths vote of the City Council in accordance with Government Code sections 65858 and 36937.
In light of the current and immediate threats summarized above, City staff seeks additional time to complete the process to amend the City’s LCP. If the Interim Ordinance (Attachment 1) is adopted by a four-fifths (4/5) vote, it will extend Urgency Ordinance No. 1732 for 22 months and 15 days unless earlier repealed, terminated, or extended by the Council.
C. Adoption of 10-Day Report
Under state law, the City Council must issue a written report describing the measures taken to alleviate the condition which led to the adoption of the initial interim ordinance 10 days prior to the expiration of the interim ordinance. (Government Code Section 65858(d).) A written report (Attachment 2) has been prepared describing the measures taken to alleviate the condition which led to the adoption of Urgency Ordinance No. 1732, as required by state law. Since the July 21, 2026 adoption of Urgency Ordinance No. 1732, City staff has transmitted the Ordinance No. 1730 and Resolution No. 26.059 to the California Coastal Commission and requested that the Coastal Commission consider, approve, and certify the Local Coastal Program amendment.
FINANCIAL ANALYSIS
The recommended action has no financial impact to the budget.
EXTENSION OF INTERIM LAND USE ORDINANCE/URGENCY ORDINANCE NO. 1732
REGARDING DESIGN REVIEW EFFICIENCY
August 4, 2026
ENVIRONMENTAL ANALYSIS
The recommended actions are 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 actions meet 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. Upon taking the recommended actions, City staff will cause to be filed within five calendar days a notice of exemption with the County and State Clearinghouse.
ATTACHMENTS
1. Interim Ordinance Extending Urgency Ordinance No. 1732 (Pgs. 5-14)
2. Ten-Day Action Report (Pgs. 15-16)
3. Urgency Ordinance No. 1732 (Pgs. 17-99)
4. 7/21/26 City Council Staff Report (minus attachments) (Pgs. 100-103)
5. 7/21/26 City Council Meeting Minutes (Pgs. 104-112)
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