This chapter is adopted in order to properly plan and regulate the construction of new access roads within the city in a manner consistent with the general plan and various implementing regulations in this title, the standards of design in Title 21, the grading standards and regulations contained in Title 22, the zoning regulations in Title 25, and any other guidelines and regulations that may be adopted from time to time by the Laguna Beach city council.
(Ord. 1216 § 1, 1991)
A street opening or extension consists of the design process, review procedure and approval necessary to construct an improved street or driveway as defined in Titles 21 and 25 of this code, consisting of graded earth, gravel, asphalt, concrete or other surfacing and appurtenant improvements, where such improvements did not previously exist within a platted and recorded public or private street, alley, way, court or other property within the corporate limits of the city, the purpose thereof being to provide new access to new or existing building sites, or lots, as defined in Title 25 of this code.
Exception: Any street or driveway being proposed and/or created in conjunction with a subdivision application filed pursuant to Title 21 (Plats and Subdivisions).
Exception: A driveway providing access to a single building site and located within the same site is exempt from the procedures set forth in this chapter.
(Ord. 1216 § 1, 1991)
It is unlawful to commence land clearing, grading or construction operations for roadway purposes within any easement, right-of-way, or other property without first having obtained a valid construction permit for such activity. Such permit shall not be issued until the requirements of this chapter and any other applicable code requirements and regulations have been satisfied.
Exception: Emergency access roads for fire suppression or other accessways for public safety and welfare purposes.
(Ord. 1216 § 1, 1991)
Any application filed under the auspices of this chapter shall comply with the filing requirements of Section 25.05.015 as supplemented by the following:
(a) 
Plans shall be based upon an accurate field survey performed in accordance with the Land Surveyor's Act of the state of California at a scale of no less than 1ʺ = 20ʹ showing two foot contour intervals for a minimum of twenty-five feet around all aspects of the proposed improvement;
(b) 
Property lines, easements, drainage patterns and cultural features shall be shown true to scale and dimension within the topographic area required in subsection (a) of this section;
(c) 
Proposed improvement shall be legibly and accurately shown as to line and grade, including surface elevations, wall heights, cut/fill slopes and materials;
(d) 
Grading information as required by Title 22 (Excavation and Grading);
(e) 
Geotechnical information as required by Title 14 (Buildings and Construction).
(Ord. 1216 § 1, 1991)
A street opening or extension is a discretionary project subject to review under provisions of the California Environment Quality Act (CEQA) by the Laguna Beach City planning commission acting in an advisory capacity to the city council in compliance with Section 65402 of the Government Code of the state of California for projects within public property or rights-of-way. Roadway projects located within private property or nondedicated private easements shall also be reviewed with respect to conformity with the general plan and any other applicable regulations by the city planning commission who shall forward its report and recommendation to the city council in the same manner as required for public property in Section 65402. The review process shall also consider and assure zoning and grading regulation consistency by the imposition of conditions of approval as may be necessary to attain compliance.
(Ord. 1216 § 1, 1991)
Noticed public hearings shall be conducted as required by prevailing law; provided, however, that notice shall be sent by regular United States mail to all owners of property abutting the proposed improvement and any owners beyond the proposed improvement along the same easement or right-of-way that may be adversely affected by changes in grade not consistent with the standards herein. Ownership listings and mailing lists are to be based on the latest equalized assessment roll.
(Ord. 1216 § 1, 1991)
The review process for street openings or extensions shall include the following:
(a) 
Conformity with applicable elements of the general plan, especially with respect to land use, circulation and public safety policies;
(b) 
Consistency with adopted standards of street and grading design as set forth in Titles 21 and 22 of the municipal code;
(c) 
That development of the building site(s) will not create a foreseeable need for additional variances from the development regulations imposed by virtue of street design or location;
(d) 
Conformance with applicable provisions of the Streets and Highways Code of the state of California, especially with regards to street openings and waivers of grade;
(e) 
Assurance that the long-term public or private maintenance obligations imposed by the improvement have been adequately addressed and are found to be acceptable, especially with regards to street surfacing, drainage and erosion control and sanitary sewer services;
(f) 
Any growth-inducing effects of the proposal shall be investigated and adequately considered;
(g) 
Building sites created through a street extension review and approval process shall be provided by roads with direct access (see Section 25.53.004).
(h) 
Secondary emergency access when required or proposed shall be provided by roads with direct access.
(Ord. 1216 § 1, 1991; Ord. 1417 § 1, 2002)
Any construction authorized by the city council pursuant to this chapter shall be commenced within two years and substantially completed within the third year from the date of final city council approval. Failure to commence construction during this time shall automatically invalidate the approval unless the applicant has secured an extension of time from the city council by filing a written request before the expiration date. The city council may impose any additional conditions of approval deemed necessary to assure timely completion of the work.
(Ord. 1216 § 1, 1991)