Laguna Beach possesses delicately balanced native ecosystems,
which are distinct and valuable natural resources. The preservation
and protection of the city's native vegetation and natural hillsides
is essential to the economic, social, ecological and aesthetic well-being
for property owners and residents. The Laguna Beach native plant communities
have intrinsic value in supporting wildlife and biological diversity,
and in contributing to stream, groundwater, and ocean water quality.
The purpose of this chapter is to provide regulations for the protection,
preservation and, where removed or damaged without authorization,
restoration of native vegetation and the viability of native species
and plant communities. It is also the purpose and intent of this chapter
to establish penalties for the unpermitted damage or removal of native
vegetation and to establish a procedure for the restoration of such
damaged or removed native vegetation.
(Ord. 1566 § 1, 2012)
For the purpose of this chapter, the following words shall have
the meaning set forth in this section:
means areas of vegetation as defined and described in Topic
8 (Vegetation and Wildlife Resources) of the Open Space/Conservation
Element of the city's general plan and as inventoried and depicted
on Biological Resources Values maps contained therein as "High" habitat
value.
means areas of vegetation as defined and described in Topic
8 (Vegetation and Wildlife Resources) of the Open Space/Conservation
Element of the city's general plan as "Moderate" habitat value.
means areas of vegetation as defined and described in Topic
8 (Vegetation and Wildlife Resources) of the Open Space/Conservation
Element of the city's general plan and as inventoried and depicted
on Biological Resources Values maps contained therein as "Very High"
habitat value.
means a native plant, shrub, tree and grass, other than noxious
weeds, that is indigenous to the coastal inland areas of southwest
California and that reasonably could have been expected to naturally
occur on site. Examples of these types of vegetation are described
and included in detail in Topic 8 (Vegetation and Wildlife Resources)
of the Open Space/Conservation Element of the city's general plan.
(Ord. 1566 § 1, 2012)
(a)
This chapter shall apply to: (1) all undeveloped parcels; (2) undeveloped
portions of developed parcels that contain mapped moderate value habitat,
high value habitat, very high value habitat and/or riparian habitat
as defined, described or depicted in the city's general plan; and
(3) developed parcels with designated open space. Of specific concern
are land areas that are located within the residential/hillside protection
zoning district, the open space zoning district, hillside areas, coastal
bluffs and land areas that contain or are located adjacent to land
containing mapped moderate value habitat, high value habitat or very
high value habitat.
(b)
This chapter is not intended to rescind or impair the implementation
of any site-specific city land use, development or subdivision approvals
and/or any covenants or deed restrictions in effect prior to the effective
date of the ordinance codified in this chapter. To the maximum extent
permitted, however, where this chapter and any such approval, covenant
or deed restriction conflict or overlap, the more stringent restrictions
for the preservation of native vegetation shall prevail and govern,
unless otherwise specified.
(Ord. 1566 § 1, 2012)
(a)
The removal, alteration or destruction of native vegetation is prohibited
without approval of the design review approval authority consistent
with the stated intent and purpose of this chapter. Such approval
shall not be required for: (1) city-approved annual weed abatement;
or (2) the maintenance of routine fire hazard abatement programs (vegetation
management for fire protection such as fuel modification and fire
breaks as authorized by state or local regulations as needed based
upon seasonal growing conditions) in accordance with the fire chief
that were approved and/or recognized by the city.
(b)
The restoration of native vegetation shall be required when the city
determines that native vegetation has been removed without approval
of the design review approval authority and where the vegetation removed
includes more than one hundred square feet of vegetation within a
five-year period. This includes the removal of vegetation in conjunction
with approved development that is in excess of the approved plans.
(c)
When a violation is suspected or alleged to have occurred, an appropriate
city official shall make a site visit and prepare a report to the
director of community development. The report shall include: the property
address; the name of the property owner; the date and time of the
complaint; the date and time of the site visit; whether plant material
was left on site; the destination if material was hauled away; the
names of contractor or workers on site, if any; any explanation by
the owner or a contractor or worker; rough drawing of the disturbed
area; and relevant other information deemed relevant by the official.
After a determination by the city that a violation has occurred, the
city shall issue a stop work order and post a notice of violation
on the site and will notify the property owner of the requirement
to submit, obtain approval of and implement a restoration plan. The
notice shall state the date that by which a restoration plan must
be submitted.
(Ord. 1566 § 1, 2012)
A restoration plan shall be submitted by the property owner
and prepared under Habitat Restoration Guidelines promulgated by the
director of community development within thirty days of being notified
by the city of a restoration plan requirement. If requested and upon
a showing of good cause, one fifteen-day extension of time may be
approved by the director of community development. The plan shall
be prepared by a wildlife biologist, ecologist or botanist having
successful experience in restoring native vegetation and meets the
qualifications of the Habitat Restoration Guidelines. The director
of community development or his or her designee shall review the plan
for adequacy and completeness within thirty days of receipt. At the
discretion of the director of community development or designee, peer
review by an independent licensed professional may be required. Associated
costs for the restoration plan and peer review shall be paid by the
property owner. Implementation of the restoration plan shall be required
within sixty days of final approval of the application, unless otherwise
determined by the approved restoration plan that an extended planting
schedule is necessary. The implementation of the restoration plan
shall be conducted by a licensed contractor having successful experience
in restoring native vegetation and meets the qualifications of the
Habitat Restoration Guidelines. A completion bond may be required
at the discretion of the director of community development.
(Ord. 1566 § 1, 2012)
(a)
The director of community development or designee is authorized to
enforce the provisions of this chapter. The director of community
development or designee may initiate or pursue appropriate enforcement
action.
(b)
Any property owner, person, firm or corporation, whether as principal,
agent, employee or otherwise, violating the provisions of this chapter
may be subject to one or more of the following, in addition to such
other administrative, civil or criminal remedies as may be available
to the city:
(1)
Daily accrual of civil fines associated with the issuance of an administrative citation pursuant to Section 1.15.070(a).
(2)
Withholding of the issuance of final building permits for a pending
project until the approved restoration plan is successfully implemented.
(3)
Suspension or revocation of project-related building permits and
other entitlements or approvals issued for the property.
(4)
Assessment of city costs associated with restoration of the disturbed
areas through a nuisance abatement action or similar proceeding.
(5)
Penalties as prescribed in Section 1.04.025(B).
(Ord. 1566 § 1, 2012)
