AGENDA REPORT
Meeting Date
July 23, 2024
Consent
10 SUBJECT: FIRST READING OF AN ORDINANCE AMENDING THE LAGUNA BEACH
MUNICIPAL CODE RELATED TO MAINTENANCE OF PROPERTY AND
NUISANCE ABATEMENT AUTHORITY AND ADOPTION OF A RESOLUTION
ESTABLISHING THE COMMERCIAL DISTRICT BEAUTIFICATION/
PROPERTY MANAGEMENT PROGRAM
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 THE CITY OF LAGUNA BEACH, CALIFORNIA, AMENDING SECTIONS 7.24.030 (MAINTENANCE OF PROPERTY) AND 7.24.050 (NUISANCE ABATEMENT AUTHORITY) OF
THE LAGUNA BEACH MUNICIPAL CODE TO FURTHER REGULATE PROPERTY
MAINTENANCE WITHIN THE CITY AND DETERMINING THE ORDINANCE TO BE EXEMPT
FROM THE CALIFORNIA ENVIRONENTAL QUALITY ACT UNDER CEQA GUIDELINES SECTION 15301"; and
2. Adopt a Resolution titled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAGUNA
BEACH, CALIFORNIA, ESTABLISHING THE COMMERCIAL DISTRICT BEAUTIFICATION /
PROPERTY MANAGEMENT PROGRAM AND FINDING SUCH PROGRAM CATEGORICALLY
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO STATE CEQA GUIDELINES SECTIONS 15301."
Submitted By:--J:J..£.L.&""'~~1£.t:1!ll...i::..!::::::~~=---- Approved: ..,&...~~-'--&...;..--.,,,tc..,,A:;.__ ___ _ David Contreras, Director of Com unity
Development
SUMMARY OF THE MATTER
On January 19, 2024, the City Council, during its annual planning workshop, included as part of its policy initiatives (Reference #9), direction to staff to develop a Commercial District Beautification/Property Maintenance program ("Program"), including the development of a Program Ordinance ("Ordinance"). On June 25, 2024, the City Council provided direction to staff to bring for first reading the proposed Ordinance.
The proposed Ordinance (Attachment 1) would amend the City's Municipal Code to define further conditions of a property that constitute a nuisance to ensure that commercial properties are maintained in good condition, promoting a safe, clean, and attractive community and make such conditions and violations subject to administrative citations to provide the City with additional enforcement tools.
On June 25, 2024, the City Council also provided direction to staff to bring forward the proposed Program to provide resources to support commercial property owners and tenants, in understanding and fulfilling their maintenance responsibilities, and providing incentives related to reimbursement of commercial property maintenance improvement projects. The proposed Program (Attachment 2) is to promote and incentivize commercial property maintenance throughout the City.
First Reading of Ordinance Amending the Laguna Beach Municipal Code Related to Maintenance of Property and Nuisance Abatement Authority and Adoption of Resolution Establishing the Commercial District Beautification/ Property Management Program July 23, 2024
DISCUSSION
A. Background
The commercial districts in Laguna Beach contain a variety of building styles and ages, with some developments constructed in more recent decades, and others over 50 years old. While many properties within the City are well-maintained, several require maintenance and repair. Common maintenance issues include deteriorated paint, windows,.landscaping, awnings, and signage. The proposed Ordinance defines conditions of property that constitute a nuisance to ensure that commercial properties are maintained in good condition, promoting a safe, clean, and attractive community. The Laguna Beach Chamber of Commerce ("Chamber") Board of Directors provided input to City staff during the development of this Ordinance and Program to assist the City and businesses with compliance.
B. Maintenance Requirements
The proposed Ordinance requires that all premises within the City, including those with commercial buildings, be maintained in accordance with certain standards to promote clean, safe, and visually appealing properties.
Currently, the City identifies the following conditions as nuisances under Laguna Beach Municipal Code ("LBMC") Section 7.24.030 (Maintenance of Property):
• ( e) Buildings, walls, fences or structures upon which the condition of the paint, stain, varnish or other weatherproof coating has become so deteriorated as to permit decay, excessive checking, cracking, peeling, chalking, dry rot, warping, or termite infestation to the extent that the condition causes visual blight, imperils the health and safety of the occupants or others, or reduces property values in the area. (Note: graffiti nuisance provisions are specified in Municipal Code Chapter 7.60); • (g) Overgrown vegetation:
o Likely to harbor rats, vermin and other pests, or
o Causing detriment to neighboring properties or property values. • (h) Dead trees (trees that exhibit no viable tissue or leaf growth during the normal growing cycle) that are hazardous to public safety and welfare;
• G) The accumulation of significant amounts of bottles, cans, papers, boxes, shopping carts, trash, dirt, feces or other debris on any area of the property so as to be visible from the street to the extent that the condition creates visual blight, imperils the health and safety of the occupants or others, or reduces property values of the area;
• (w) Deteriorated parking lots, including, but not limited to, those containing pot holes and cracks or inadequate or broken security lighting.
Violations of the City's code can be enforced through an administrative citation, or as an infraction or a misdemeanor with penalties ranging from $100 for a first offense, $200 for a second offense within 12 months of the first violation, and $500 for third and subsequent offenses. The penalty for a misdemeanor is a fine not exceeding $1,000 or imprisonment for a term not exceeding six months, or by both such fine and First Reading of Ordinance Amending the Laguna Beach Municipal Code Related to Maintenance of Property and Nuisance Abatement Authority and Adoption of Resolution Establishing the Commercial District Beautification/ Property Management Program July 23, 2024
imprisonment. The goal of this Ordinance is to expand upon the conditions of property that constitute nuisances, providing staff with the ability to abate those nuisances and administratively cite all conditions of property that constitute nuisances. The proposed Ordinance includes new provisions to ensure:
• Roofs, windows, and doors are free from deteriorated paint, stain, varnish, and weatherproofing. • Areas visible from the street are not used for storage of personal or moveable property. • Walkways, sidewalks, delivery areas, and other paved surfaces are free from potholes and cracks or inadequate, noncompliant, or broken security lighting.
• Advertising signs, advertising materials, such as banners and posters, and awnings are free from tears, cracks, warp, and excessive fade, dirt, and dust, and do not obstruct visibility. • Ensure any violation of the LBMC is deemed a nuisance.
Below are sections in the proposed Ordinance that incorporate the above-listed goals (additions m underlined):
(e) Buildings, walls, roofs, windows, doors, fences or structures upon which the condition of the paint, stain, varnish or other weatherproof coating has become so deteriorated as to permit decay, excessive checking, cracking, peeling, chalking, dry rot, warping, or termite infestation to the extent that the condition causes visual blight, imperils the health and safety of the occupants or others, or reduces property values in the area. (Note: graffiti nuisance provisions are specified in Municipal Code Chapter 7.60);
G) The accumulation of significant amounts of personal or moveable property, bottles, cans, papers, boxes, shopping carts, trash, dirt, feces or other debris on any area of the property so as to be visible from the street to the extent that the condition creates visual blight, imperils the health and safety of the occupants or others, or reduces property values of the area; (w) Deteriorated parking lots, walkways, sidewalks, delivery areas, and other paved surfaces including, but not limited to, those containing pot holes and cracks or inadequate, noncompliant, or broken security lighting;
(z) Advertising signs, advertising materials, such as banners and posters, and awnings, upon which the condition of the material has become so deteriorated as to permit tearing, cracking, warping, or excessive fade, dirt, or dust, to the extent that the condition causes visual blight, imperils the health and safety of the occupants or others, or reduces property values in the area. (Note: graffiti nuisance provisions are specified in Municipal Code Chapter 7.60); (aa) Advertising signs and advertising materials, such as banners and posters, which obstruct visibility to the extent that the condition imperils the health and safety of the occupants or others.
First Reading of Ordinance Amending the Laguna Beach Municipal Code Related to Maintenance of Property and Nuisance Abatement Authority and Adoption of Resolution Establishing the Commercial District Beautification/ Property Management Program July 23, 2024
(ab) Any violation of any Laguna Beach Municipal Code section or any violation of any code adopted by the City.
C. Support and Incentives
On June 25, 2024, the City Council provided direction related to incentives to commercial property owners and tenants to support them in understanding and fulfilling their maintenance responsibilities under the proposed Ordinance. The incentives include:
• Recognition and Award Program: Establish a recognition and award program to acknowledge efforts by property owners and tenants and to promote exemplary commercial properties that consistently maintain high upkeep standards.
• Financial Incentive Program: Table 1.1 provides financial incentives related to reimbursement of commercial property maintenance improvement projects.
Table 1.1 - Incentives
Compliance Action Incentive
1 Upon evidence of completion Reimburse Community Development fees to assist businesses with of qualifying maintenance complying with the Ordinance. project a) Reimburse Community Development fees ofup to $10,000 per property for a 12-month period from program adoption for maintenance improvement projects needed to be in compliance with the ordnance, not exceeding $300,000 program-wide. b) Reimburse entitlement fees for paint and signage projects for a 12-month period.
2 Upon evidence of qualifying Expedited review of permit/planning decision time maintenance project
D. Program Implementation
It is proposed that the City conduct an education campaign to inform businesses and tenants about the new Ordinance and any directed incentive program. Upon the conclusion of the campaign, the code enforcement staff will begin implementation efforts, initially with commercial properties most in need of maintenance.
Approximately 25 to 30 properties located in the Downtown (Phase 1) and along Coast Highway (Phase 2) will be addressed first. An evaluation sheet (Attachment 3) will be used to determine compliance with the Ordinance. If any property is found to be in non-compliance, and courtesy notices will be issued for violation(s), detailing necessary corrective action. City staff will work with the property owner or tenants to ensure compliance with the ordinance. Property owners or tenants must demonstrate good-faith efforts to comply within a reasonable timeframe. The goal of the Code Enforcement Division is to encourage voluntary compliance by partnering with individuals and providing education to resolve violations.
If the City and the property owner or tenant cannot resolve the violation, the City has the option to pursue administrative citations, infractions, or misdemeanors to achieve compliance. Additionally, the City may First Reading of Ordinance Amending the Laguna Beach Municipal Code Related to Maintenance of Property and Nuisance Abatement Authority and Adoption of Resolution Establishing the Commercial District Beautification/ Property Management Program July 23, 2024
initiate the nuisance abatement proceedings. (See LBM C Section 7 .24. 07 0 through Section 7 .24 .13 0.) Table
1.3 provides a proposed program implementation schedule.
Table 1.3 - Proposed Program Implementation Schedule
2 Ordinance Ado tion - Second Readin
3 Ordinance Ado ted - In effect
4 Education Campaign - The City conducts an education
campaign to inform businesses and tenants of the new
Ordinance and ro ram.
5 Phase 1 - The City conducts inspections of commercial properties in the Downtown to determine if they are in
com liance with the Ordinance.
6 The City provides Downtown commercial property
owners/tenants with a courtesy notice detailing violations if not in com liance with the Ordinance.
7 Commercial property owners/tenants need to correct
violations/take steps to demonstrate good faith compliance to correct.
8 Phase 2 - City conducts inspection of commercial properties on Coast Highway to determine if they are in compliance with the Ordinance.
9 The City provides Coast Highway commercial property
owners/tenants with a courtesy notice detailing violations if not in com liance with the Ordinance.
10 Commercial property owners/tenants need to correct
violations/take steps to demonstrate good faith compliance to correct.
11 On enforcement efforts of the Ordinance continue.
FINANCIAL ANALYSIS
September 2024 through
December 2024
January 2025 through
March 2025
April through June 2025
Depending on the violation, staff
would work with commercial
property owners to correct
violations as quickly as possible
July 2025 through September
2025
October through December 2025
Depending on the violation, staff
would work with commercial
property owners to correct
violations as quickly as possible
Continuous
Staff time will be required with the adoption and implementation of the Ordinance. Financial incentives will not require additional funding but will reduce permitting fees that might otherwise be collected.
ENVIRONMENTAL ANALYSIS
Staff determined that the Program and Ordinance is categorically exempt from environmental review under CEQA pursuant to State CEQA Guidelines Section 15301 (Class 1). The State CEQA Guidelines section 15301 (Class 1) exemption applies to the operation, repair, maintenance, permitting, leasing, licensing, or First Reading of Ordinance Amending the Laguna Beach Municipal Code Related to Maintenance of Property and Nuisance Abatement Authority and Adoption of Resolution Establishing the Commercial District Beautification/ Property Management Program July 23, 2024
minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. This Program and Ordinance is exempt pursuant to Class 1, State CEQA Guidelines Section 15301 - Existing Facilities, in that the project consists of the repair, maintenance, or minor alteration of existing structures or topographical features, involving negligible or no expansion of existing or former use.
The proposed maintenance of premises within the City through landscaping, painting, resurfacing, and replacing are all minor alterations to the existing buildings and premises and involve negligible or no expansion of the existing uses.
ATTACHMENTS
1. Ordinance (Pgs. 7-10)
2. Resolution (Pgs. 11-14)
3. Evaluation Sheet (Pgs. 15-17)
Report Prepared By:
Louie Lacasella, Senior Administrative Analyst
Coordinated With:
Gavin Curran, Assistant City Manager
Jane Abzug, Deputy City Attorney
Matt Schneider, Assistant Director of Com. Dev.
Lillian Irish, Code Enforcement Supervisor
ORDINANCE NO. XXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAGUNA BEACH, CALIFORNIA, AMENDING SECTIONS
7.24.030 (MAINTENANCE OF PROPERTY) AND 7.24.050
(NUISANCE ABATEMENT AUTHORITY) OF THE LAGUNA
BEACH MUNICIPAL CODE TO FURTHER REGULATE
PROPERTY MAINTENANCE WITHIN THE CITY AND
DETERMINING THE ORDINANCE TO BE EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT UNDER
CEQA GUIDELINES SECTION 15301
Attachment 1
WHEREAS, the City of Laguna Beach is committed to protecting its unique character and picturesque setting that make it a world-renowned coastal city; and WHEREAS, the failure to maintain properties in an adequate condition creates undesirable blight and may also result in damage to such properties or injury to members of the public; and WHEREAS, in the interest of public health, safety, and welfare, the City Council desires to establish additional property maintenance standards for all properties within the City, including commercial properties, and to deem violations of such standards a public nuisance and to provide a mechanism for enforcing such maintenance; and
WHEREAS, all legal prerequisites to the adoption of this Ordinance have been met.
NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH DOES ORDAIN, as follows:
SECTION 1. Incorporation of Recitals. The recitals above are true and correct and are each incorporated by reference and adopted as findings by the City Council.
SECTION 2. CEOA. Based upon its review of the entire record, the City Council hereby finds and determines that the Ordinance is categorically exempt from environmental review under CEQA pursuant to State CEQA Guidelines Section 15301 (Class 1). The State CEQA Guidelines section 15301 (Class 1) exemption applies to the operation, repair, maintenance, permitting, - 1- Ord.XXXX
7 leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. This Ordinance is exempt pursuant to Class 1, State CEQA Guidelines Section 15301 - Existing Facilities, in that the project consists of the repair, maintenance, or minor alteration of existing structures or topographical features, involving negligible or no expansion of existing or former use. The proposed maintenance of premises within the City through landscaping, painting, resurfacing, and replacing are all minor alterations to the existing buildings and premises and involve negligible or no expansion of the existing uses.
SECTION 3. Code Amendment. Section 7.24.030 of the Laguna Beach Municipal Code in amended to read as follows (additions made in underline and deletions made in strikethrough):
( e) Buildings, walls, roofs, windows, doors, fences or structures upon which the condition of the paint, stain, varnish or other weatherproof coating has become so deteriorated as to permit decay, excessive checking, cracking, peeling, chalking, dry rot, warping, or termite infestation to the extent that the condition causes visual blight, imperils the health and safety of the occupants or others, or reduces property values in the area. (Note: graffiti nuisance provisions are specified in Municipal Code Chapter 7.60); G) The accumulation of significant amounts of personal or moveable property, bottles, cans, papers, boxes, shopping carts, trash, dirt, feces or other debris on any area of the property so as to be visible from the street to the extent that the condition creates visual blight, imperils the health and safety of the occupants or others, or reduces property values of the area;
(w) Deteriorated parking lots, walkways, sidewalks, delivery areas, and other paved surfaces including, but not limited to, those containing pot holes and cracks or inadequate.,_ noncompliant, or broken security lighting;
(z) Advertising signs, advertising materials, such as banners and posters, and awnings, upon which the condition of the material has become so deteriorated as to permit tearing, cracking, warping, or excessive fade, dirt, or dust, to the extent that the condition causes visual blight, imperils the health and safety of the occupants or others, or reduces property - 2- Ord.XXXX
8 values in the area. (Note: graffiti nuisance provisions are specified in Municipal Code Chapter 7 .60);
(aa) Advertising signs and advertising materials, such as banners and posters, which obstruct visibility to the extent that the condition imperils the health and safety of the occupants or others.
(ab) Any violation of any Laguna Beach Municipal Code section or any violation of any code adopted by the City.
SECTION 4. Code Amendment. Section 7.24.050 of the Laguna Beach Municipal Code in amended to read as follows (additions made in underline):
Section 7.24.050. Nuisance abatement authority.
(a) Those who are authorized to enforce this chapter and to abate any public nuisance on behalf of the city include: (1) any city official, employee or department identified in any law, ordinance or regulation as responsible for enforcing any law, ordinance or regulation, the violation of which has caused or contributed to the public nuisance on the property, including, but not limited to, the city manager, the building official, community development director, code enforcement officer(s), water quality enforcement staff, any police officer or firefighter; and (2) the office of the city attorney. (b) Upon discovering a public nuisance, any city official, employee or department who is identified in any law, ordinance or regulation as responsible for enforcing any law, ordinance or regulation, the violation of which has caused or contributed to the public nuisance may do one or more of the following:
(1) In accordance with the summary abatement power set forth in Section 7.24.060, take any reasonable steps to abate the nuisance including, but not limited to, removing, repairing or restoring any land, building, structure, use or condition that constitutes a public nuisance; otherwise, abatement may not be undertaken until the property owner and any persons known to the city to be in possession of the land are provided with notice and an opportunity to be heard in an appeal hearing in compliance with this chapter. (2) Seek relief from any court to abate the nuisance.
(3) Issue an administrative citation pursuant to the provisions of Chapter 1.15.
SECTION 5. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remainder of this Ordinance. The City Council - 3- Ord. XXXX
9 hereby declares that it would have adopted this Ordinance, and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 6. The City Clerk of the City of Laguna Beach shall certify to the passage and adoption of this Ordinance and shall cause the same to be published in the manner required by law in the City of Laguna Beach. This Ordinance shall become effective on the expiration of thirty (30) days from and after the date of its adoption.
ADOPTED this 23rd day of July, 2024.
Sue Kempf, Mayor
ATTEST:
Ann Marie McKay, City Clerk
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 _____ , and was finally adopted at a regular meeting of the City Council of said City held on _______ , by the following vote:
AYES: COUNCILMEMBER(S):
NOES: COUNCILMEMBER(S):
ABSTAIN: COUNCILMEMBER(S):
ABSENT: COUNCILMEMBER(S):
City Clerk, City of Laguna Beach, CA
- 4- Ord.XXXX
RESOLUTION NO 24.XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAGUNA BEACH, CALIFORNIA, ESTABLISHING THE
COMMERCIAL DISTRICT BEAUTIFICATION / PROPERTY
MANAGEMENT PROGRAM AND FINDING SUCH PROGRAM
CATEGORICALLY EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT PURSUANT TO STATE
CEQA GUIDELINES SECTION 15301
Attachment 2
WHEREAS, on January 19, 2024, the City Council, during its annual planning workshop, included as part of its policy initiatives (Reference #9), direction to staff to develop a Commercial District Beautification/Property Maintenance program, including the development of an ordinance; and
WHEREAS, City staff developed an ordinance that would amend the City's Municipal Code to further define conditions of a property that constitute a nuisance to ensure that commercial properties are maintained in good condition and to make violations subject to administrative citations in addition to nuisance abatement proceedings; and
WHEREAS, City staff developed options for a Commercial District Beautification/Property Maintenance program, including resources to support commercial property owners and tenants in understanding and fulfilling their maintenance responsibilities and incentives for commercial property maintenance improvement projects; and
WHEREAS, on June 25, 2024, the City Council provided further direction to staff, including further development of the Commercial District Beautification/Property Maintenance program to establish the following incentives to commercial property owners and tenants: (1) Recognition and Award Program; and (2) Financial Incentive Program (collectively, the "Program").
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAGUNA BEACH DOES RESOLVE:
SECTION 1. The foregoing recitals are true and correct and incorporated herein by this 11 reference.
SECTION 2. The City Council hereby establishes the Commercial District Beautification/Property Maintenance Program, which provides recognition and awards for qualifying property owners and tenants and incentives for qualifying property owners and tenants, as set forth further in this Section:
A. Recognition and Award Program
The City Council hereby authorizes the City Manager or the City Manager's designee to create and implement a recognition and award program to recognize commercial properties that maintain high, exemplary maintenance standards on a consistent basis.
B. Financial Incentive Program
1. Total Maximum Refund Amount for Financial Incentive Program. The City Council hereby authorizes a total maximum application fee refund in the amount of $300,000 to support the projects subject to the Financial Incentive Program described further herein.
2. Refund of Fees for Immediate Code Compliance. Upon evidence of completion of a project, which brings a commercial property within the City into compliance with the City's Municipal Code by eliminating a violation referenced in a notice given under Chapter 7.24 (Nuisance Abatement), the Community Development Director is authorized to reimburse the property owner or tenant, as applicable, the incurred Community Development Department application fees of up to $10,000 per property. Evidence of completion of a project shall be at the determination of the Community Development Director. This incentive is available for a twelve month period upon adoption of this Resolution and is subject to the total maximum refund amount described further in paragraph 1, above.
3. Refund of Fees for Painting and Signage. Upon evidence of completion of a commercial exterior painting project or commercial signage project, the Community Development -2-
12 Director is authorized to reimburse the property owner or tenant, as applicable, the Community Development Department application fees incurred for such project. Evidence of completion of a project shall be at the determination of the Community Development Director. This incentive is available for a twelve month period upon adoption of this Resolution and is subject to the total maximum refund amount described further in paragraph 1, above.
SECTION 3. Based on the review of the entire record, the City Council hereby makes the following findings with respect to the California Environmental Quality Act ("CEQA"). The Project is categorically exempt from the provisions of CEQA in accordance with Section 15301 of the State CEQA Guidelines, which applies to projects that consist of the operation, repair, maintenance, or minor alteration of an existing public or private structures, facilities, mechanical equipment, or topographical features. Here, the City Council's action adopting the Program may result in repair, maintenance, or minor alteration of private commercial properties within the City and, therefore, such action qualifies for this exemption.
None of the exceptions to the use of the categorical exemptions identified in State CEQA Guidelines section 15300.2 apply. The Project will not result in a cumulative impact from successive projects of the same type in the same place, over time. Moreover, there are no unusual circumstances surrounding the Project that would result in a reasonably possibility of a significant effect on the environment. Additionally, the Project will not damage scenic resources, including trees, historic buildings, rock outcroppings, or similar resources. The Project will not cause a substantial adverse change in the significance of a historical resource. Finally, the Project does not include any hazardous waste sites. Thus, Classes 1 and 4 exemptions apply, and no further environmental review is required. The City Council directs staff to file a Notice of Exemption with the County of Orange County within five (5) days of adoption of this Resolution.
SECTION 4. The documents and materials that constitute the record of proceedings on -3-
13 which this Resolution has been based are located at City Hall, 505 Forest Avenue Laguna Beach, CA 92651. The custodian of the record of proceedings is the Director of Community Development.
SECTION 5. If any provision of this Resolution is held invalid, the remainder of this Resolution shall not be affected by such invalidity, and the provisions of the Resolution are severable.
SECTION 6. This Resolution shall become effective immediately.
ADOPTED this 23rd day of July, 2024.
Sue Kempf, Mayor
ATTEST:
Ann Marie McKay, City Clerk
I, Ann Marie McKay, City Clerk of the City of Laguna Beach, California, do hereby certify that the foregoing Resolution No 24.XXX was duly adopted at a Regular Meeting of the City Council of said City held on July 23, 2024, by the following vote:
AYES: COUNCILMEMBER(S):
NOES: COUNCILMEMBER(S):
ABSTAIN: COUNCILMEMBER(S):
ABSENT: COUNCILMEMBER(S):
Ann Marie McKay, City Clerk
-4-
14 Commercial District Beautification/Property
Maintenance
Inspection Checklist
1 15
Attachment 3
Commercial District Beautification/Property Maintenance Site Address:
Date Inspected:
Inspector:
Exterior Maintenance Yes No N/A Comments
Buildings, walls, roofs, windows, doors, fences
or structures upon which the condition of the
paint, stain, varnish or other weatherproof
coating has become so deteriorated as to
permit decay, excessive checking, cracking,
peeling, chalking, dry rot, warping, or termite
infestation to the extent that the condition
causes visual blight, imperils the health and
safety of the occupants or others, or reduces
property values in the area.
The accumulation of significant amounts of
personal or moveable property, bottles, cans,
papers, boxes, shopping carts, trash, dirt,
feces or other debris on any area of the
property so as to be visible from the street to
the extent that the condition creates visual
blight, imperils the health and safety of the
occupants or others, or reduces property
values of the area.
Deteriorated parking lots, walkways,
sidewalks, delivery areas, and other paved
surfaces including, but not limited to, those
containing pot holes and cracks or
inadequate, noncompliant, or broken security
lighting.
2 16
Signage, Advertising, and Awnings Yes No N/A Comments
Advertising signs, advertising materials, such
as banners and posters, and awnings, upon
which the condition of the material has
become so deteriorated as to permit tearing,
cracking, warping, or excessive fade, dirt, or
dust, to the extent that the condition causes
visual blight, imperils the health and safety of
the occupants or others, or reduces property
values in the area.
Advertising signs and advertising materials,
such as banners and posters, which obstruct
visibility to the extent that t he condition
imperils the health and safety of the
occupants or others.
Any violation of any Laguna Beach Municipal
Code section or any violation of any code
adopted by the City.
3 17