City of Laguna Beach, CA ADMINISTRATION

Prescribed by the Director of Community Development.

The Director of Community Development shall prescribe the form and scope of all variances, changes of district boundaries or reclassifications, general plan amendments and all other planning or development applications as identified in Chapter 25.05, and of accompanying data to be furnished so as to assure the fullest practicable presentation of facts for proper consideration of the matter and for the permanent record. Forms for such purposes may be provided.

Each planning and development application shall include verification by at least one of the owners of property involved or their authorized agent attesting to the truth and correctness of all facts and maps presented with such application.

Applications filed pursuant to this Title shall be numbered consecutively in the order of their filing and shall become a part of the permanent official records of the Department of Community Development and shall be attached thereto and permanently filed therewith copies of all notices and actions pertaining thereto.

Complete Planning and Development Applications.

No later than 30 calendar days after receipt of a planning or development application, the Department of Community Development shall determine whether the application is complete or incomplete.

In the event an application is determined to be incomplete, the applicant shall be notified as to additional materials required to continue processing the application.

Within 30 calendar days of receipt of supplemental materials requested for applications previously determined incomplete, the Department of Community Development shall determine whether the application is complete.

A decision determining an application to be incomplete may be appealed to the City Council by the applicant. The fee for such appeal is to be determined by City Council resolution.

Signatures. If signatures of persons other than the applicant are required, or offered in support of or in opposition to the application, they may be received as evidence of notice having been served upon them of the pending application or as evidence of their opinion on the pending issue, but they shall in no case infringe upon or govern in the free exercise of the powers vested in the City of Laguna Beach.

Filing Fee Collection. Before accepting for filing any request or application submitted relative to Title 25 of this Code, the Department of Community Development shall charge and collect a filing fee for each such request or application as determined by resolution of the City Council to cover the cost of making maps, sending out notices, and other incidental administrative expenses involved in the handling of the matter, including written staff reports.

Refund of Filing Fees. Refund of all or any portion of the filing fees may be ordered by the Director of Community Development.

Conformance by Officials. All officials or public employees vested with the duty or authority to issue permits or licenses where required by law shall conform to the provisions of this Title.

Application. The provisions of this Title shall apply to all buildings, improvements, lots and premises, or portions thereof, owned, leased, operated or controlled by the City or any Department or officer thereof, or by any other municipal or quasi-municipal corporation or government, or any Department, Board or officer thereof.

(Ord. 1334 § 1, 1997; Ord. 1416 § 1, 2002; Ord. 1659 § 1, 2021; Ord. 1677 § 1, 2022)

§ 25.05.020 Administrative Use Permit procedure.

Application. Application for an Administrative Use Permit shall be made by a property owner or authorized agent for a use which this Title expressly requires an Administrative Use Permit. Applications shall contain such information as may be prescribed by the Director of Community Development.

Filing Fee. Prior to accepting an application, the Department of Community Development shall charge and collect a filing fee as determined by resolution of the City Council.

Public Notice. Public notice shall be subject to the provisions of Section 25.05.065 except that if a Coastal Development Permit is required pursuant to Chapter 25.07, noticing for that type of permit shall instead be carried out through the public notice provisions of Section 25.07.014.

Public Hearing. No hearing on the application shall be held unless requested by the applicant or other noticed person. In the event a hearing is requested, the Department of Community Development shall set a hearing date before the Director of Community Development and shall notice said hearing pursuant to the provisions of subsection (C) of this section.

Approval. The Director of Community Development or authorized designee shall approve or deny an Administrative Use Permit based upon compliance or noncompliance with the City's zoning regulations.

Appeal. Appeal is subject to the provisions of Section 25.05.070.

(Ord. 1334 § 1, 1997; Ord. 1555 § 2, 2011; Ord. 1577 § 2, 2013; Ord. 1651 § 1, 2020; Ord. 1659 § 2, 2021; Ord. 1677 § 2, 2022)

§ 25.05.025 Variances.

Intent and Purpose. The intent and purpose of this section is to establish procedures whereby parcels or development projects may vary from the provisions of Title 25. Variances may be granted when there are special circumstances applicable to the property involved, including size, shape, topography, location and surroundings, that would cause the strict application of the zoning ordinance to deprive the property of the privileges enjoyed by other property in the vicinity and zone.

Application.

Application for a variance shall be made by a property owner or authorized agent. Applications shall contain such information as prescribed by the Director of Community Development.

Filing Fee. Prior to accepting an application, the Director of Community Development shall collect a filing fee as determined by resolution of the City Council.

Public Notice. Public notice shall be subject to the provisions of Section 25.05.065, except that if a Coastal Development Permit is required pursuant to Chapter 25.07, noticing for that type of permit shall instead be carried out through the public notice provisions of Section 25.07.014.

Approval.

The Board of Adjustment or Planning Commission as applicable, shall approve, approve in part, conditionally approve or deny at a noticed public hearing a Variance based upon the findings set forth in Section 25.05.025(F).

Board of Adjustment or Planning Commission determinations, including findings, shall be by resolution adopted by a majority of its membership.

Written notice of determination, including findings, shall be mailed to the applicant or authorized agent within ten business days of the date of the Board's or Planning Commission's decision.

The Board of Adjustment or Planning Commission, as applicable, in approving a Variance, may set forth in its decision reasonable terms and conditions necessary to protect the health, safety and welfare of the community and to assure the intent and purpose of these regulations. It may also require such bonds and guarantees as necessary to ensure that compliance with such terms and conditions is being or will be achieved.

Findings.

There are special circumstances applicable to the property involved, including size, shape, topography, location or surroundings which cause the strict application of the zoning ordinance to deprive such property of privileges enjoyed by other property in the vicinity and under identical zoning classification.

Such variance is necessary for the preservation and enjoyment of a substantial property right of the applicant, which right is possessed by other property owners under like conditions in the same vicinity and zone.

The granting of the Variance will not be detrimental to the public health, safety, convenience and welfare or injurious to property or improvements in the vicinity in which the property is located.

The granting of such a Variance will not be contrary to the objectives of the zoning ordinance or the General Plan.

Appeals. Appeals are subject to the provisions of Section 25.05.070.

Effective Date/Expiration Date.

Decisions on Variance applications by the Board of Adjustment or Planning Commission, as applicable, shall become effective ten business days after the date of the decision, unless appealed to the City Council.

A Variance shall lapse and become void two years following the effective date unless a shorter approval period is specified for the project or unless:

A Building Permit is issued, and construction is begun and diligently pursued to completion; or

The Planning Commission or Board of Adjustment, as applicable, grants a two-year extension of time or, after that initial extension of time, a final one-year extension of time. Such time extensions shall be requested in writing by the applicant or authorized agent prior to the expiration of the beginning two-year approval period or any subsequently approved extensions of time.

Extension of Time Findings. An extension of time of the beginning two-year approval period may be granted by the Planning Commission or Board of Adjustment, as applicable, if each of the following findings can be made:

The zoning codes or standards applicable to the circumstances of the originally approved variance have not materially changed; and

The neighborhood character has not changed so as to be materially inconsistent with the findings made when the Variance was originally approved.

Revocation. Revocations are subject to the provisions of Section 25.05.075.

Planning Commission Variances.

The Planning Commission shall act as the Board of Adjustment in hearing and determining the following Variances, subject to the procedures and findings established in Sections 25.05.025, 25.05.065(C) and (D), 25.05.070 and 25.05.075:

Variance requests in conjunction with any matter pending before the Planning Commission for which the Commission has the primary discretionary responsibility;

Variance requests in conjunction with subdivisions relating to lot dimension, area and yard requirements and access requirements may be granted when such requirements are deemed impractical, unreasonable or unnecessary for the proper design of such subdivision;

Variance requests for indirect access; and

Variance requests for construction of new residential units on lots taking access from streets with less than standard width.

(Ord. 1334 § 1, 1997; Ord. 1416 § 2, 2002; Ord. 1461 § 1, 2006; Ord. 1487 § 1, 2008; Ord. 1555 § 3, 2011; Ord. 1577 § 3, 2013; Ord. 1659 § 3, 2021; Ord. 1677 § 3, 2022)

§ 25.05.030 Conditional Use Permits.

Intent and Purpose. It is the intent and purpose of this section to establish a procedure whereby a Conditional Use Permit may be granted for those uses wherein Title 25 expressly requires such a permit. Uses subject to a Conditional Use Permit are those uses necessary for the development of the community having inherent qualities or characteristics which, unless provided for, would cause such uses to be incompatible or inharmonious with adjacent or nearby permitted uses. Such uses may be modified to the extent that they can be made compatible and harmonious with adjacent uses. This flexibility is intended to provide a necessary means by which certain land uses can be designed and arranged in accord with existing conditions of the neighborhood site, topographic and street conditions, as well as the utilization of various design concepts, and to allow denial of such uses where the required findings cannot be made.

Application. Application for a Conditional Use Permit shall be made by a property owner or authorized agent. Applications shall contain such information as prescribed by the Director of Community Development.

Filing Fee. Prior to accepting an application, the Department of Community Development shall collect a filing fee as determined by resolution of the City Council.

Timing of Approvals. The Planning Commission shall review all Conditional Use Permit applications. If a project requires approval by both the Planning Commission and Board of Adjustment, the Conditional Use Permit shall be reviewed and approved first.

Findings.

The site for the proposed use is adequate in size and topography to accommodate said use, and all yards, spaces, walls and fences, parking, loading and landscaping are adequate to properly adjust such use with the land and uses in the vicinity.

The site for the proposed use has access to streets and highways adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use.

The proposed use will have no substantial adverse effect upon abutting property.

The proposed use is consistent with the objectives and policies of the City's General Plan.

The conditions stated in the decision are deemed necessary to protect the public health, safety and general welfare.

Conditions of Approval.

Conditions of approval may include, but are not limited to:

Regulation of use;

Special yards, spaces and buffers;

Special fences, solid fences and walls;

Surfacing of parking areas;

Street, service road or alley dedications and improvements or appropriate bonds;

Regulation of points of vehicular ingress and egress;

Regulation of signs;

Landscaping plan, to be reviewed and approved by the Department of Community Development;

Maintenance of the grounds;

Regulation of noise, vibration and odors;

Regulation of hours for certain activities;

Time period within which the proposed use shall be developed;

(m)

Duration of use;

(n)

Posting of a bond or bonds sufficient to guarantee the removal of any nonconforming structures or uses of the land upon the expiration of the period of the Conditional Use Permit; and

(o)

Dedication of access rights.

In addition to special conditions of approval, the following general conditions of approval shall be imposed upon each Conditional Use Permit:

The right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the Conditional Use Permit;

All of the special conditions shall constitute restrictions running with the land, and shall be binding upon the owner of the land, and the successors or assigns;

All of the special conditions shall be consented to in writing by the applicants and all owners of interests and lien holders;

The resolution granting the application, together with all consent forms, shall be recorded by the recorder of Orange County;

The permit shall be subject to review at any time upon receipt of written complaint.

Appeals. Appeals are subject to the provisions of Section 25.05.070.

Effective Date/Expiration Date.

Decisions on Conditional Use Permit applications by the Planning Commission shall become effective ten business days after the date of the decision, unless appealed to the City Council.

If an established time limit for development expires, or if a time limit for the duration of the use has been established as one of the conditions of approval, then the permit shall be considered to be revoked upon such date of expiration without any notification to the owner thereof.

A Conditional Use Permit shall lapse and become void two years following the effective date unless a shorter approval period is specified for the project or unless:

The privileges authorized are established; or

A Building Permit is issued and construction is begun and diligently pursued to completion; or

The Planning Commission grants a two-year extension of time or, after that initial extension of time, a final one-year extension of time. Such time extensions shall be requested in writing by the applicant or authorized agent prior to the expiration of the beginning two-year approval period or any subsequently approved extensions of time.

Extension of Time Findings. An extension of time of the beginning two-year approval period may be granted by the Planning Commission, if each of the following findings can be made:

The zoning codes or standards applicable to the circumstances of the originally approved Conditional Use Permit have not materially changed; and

The neighborhood character has not changed so as to be materially inconsistent with the findings made when the Conditional Use Permit was originally approved.

If a Conditional Use Permit has been abandoned or terminated for any reason, the permit shall expire and become void. Abandonment shall depend on the concurrence of (1) an intention to abandon and (2) an overt act, or failure to act, which carries the implication the owner does not claim or retain any interest in the right to the use.

Revocation. Revocations are subject to the provisions of Municipal Code Section 25.05.075.

(K)

Modifications. Additions, enlargements or modifications of uses or structures upon property for which a conditional use permit has been granted shall not be allowed except pursuant to a subsequent conditional use permit as might otherwise be required or granted pursuant to the terms of this title. Modifications to a conditional use permit associated with a coastal development permit may be authorized in accordance with Section 25.07.016(C).

(Ord. 1334 § 1, 1997; Ord. 1485 § 2, 2008; Ord. 1555 § 4, 2011; Ord. 1577 § 4, 2013; Ord. 1659 § 4, 2021; Ord. 1665 § 11, 2021; Ord. 1677 § 4, 2022)

§ 25.05.035 Temporary Use Permits.

Intent and Purpose. The intent of this section is to accommodate reasonable requests for interim or temporary uses when such activities are desirable for the community, or are temporarily required in the process of establishing a permitted use or constructing a public facility. Temporary uses allowed under this section shall be consistent with the health, safety and general welfare of persons residing and working in the community, shall be conducted so as not to cause any detrimental effects on surrounding properties and the community, and shall not violate any other ordinance or regulation of the City.

Uses Permitted Subject to Temporary Use Permit.

The following uses may be permitted in residential zones:

Construction. Temporary structures, garages or sheds;

Parking and storage of earthmoving or construction equipment, when that parking or storage is incidental to an ongoing construction activity;

Storage of materials incidental to a Public Works project, subdivision or construction activity;

Tract home or lot sales office;

Events which require closure of public streets to traffic;

Temporary parking lots other than existing lots;

Such other uses as the Planning Commission may by resolution deem to be within the intent and purpose of this section.

The following uses may be permitted in non-residential zones. Uses permitted in the industrial zones shall require special consideration to assure that those uses are compatible with the intent of those zones:

Art and handicraft shows (out of doors);

Carnivals;

Christmas tree sales;

Concerts;

Farmers market;

Horse shows and animal exhibitions;

Outdoor merchandise and display stands;

Sporting events;

Street vendors, temporary sales booths, sidewalk sales or enterprises of a similar nature;

Tents or canvas/plastic enclosures;

Those temporary uses permitted in Section 25.05.035(B)(1);

Such other uses as the planning commission may by resolution deem to be within the intent and purpose of this section.

Applications. Applications for a Temporary Use Permit shall be made by the property owner or an authorized agent. Applications shall contain such information as prescribed by the Director of Community Development.

Filing Fee. Prior to accepting an application for a Temporary Use Permit, the Department of Community Development shall collect a filing fee, as determined by resolution of the City Council.

Public Notice. All Temporary Use Permit applications referred to the Planning Commission shall be subject to the public notice provisions of Section 25.05.065 except that if a Coastal Development Permit is required pursuant to Chapter 25.07, noticing for that type of permit shall instead be carried out through the public notice provisions of Section 25.07.014.

Approvals.

The Director of Community Development shall approve, approve in part, conditionally approve or deny applications for Temporary Use Permits in the R-1 zone and for short-term events (five days or less) deemed minor by the Director of Community Development in any zone. Applications for temporary parking lots are excluded. At the discretion of the Director of Community Development, Temporary Use Permit applications may be referred to the Planning Commission. Determination shall be made within 20 business days of receipt of the application unless the matter is referred to public hearing.

In addition to a Temporary Use Permit, a coastal development permit must be obtained for those temporary uses that involve development that requires a coastal development permit as described in Chapter 25.07 Coastal Development Permits. The procedure to obtain a coastal development permit shall be as described in Chapter 25.07.

The Planning Commission shall approve, approve in part, conditionally approve or deny all other applications for Temporary Use Permit Permits. The Commission shall make written findings that the project is consistent with applicable General Plan policies.

Written notice of determination shall be mailed to the applicant or authorized agent within 10 business days of the decision of the Director of Community Development or the Planning Commission.

Conditions of Approval. Conditions of approval may include, but are not limited to:

Regulations of hours;

Requirement of bonds or other guarantees for cleanup or removal of structures or equipment;

Return of temporary use site to its original state within a specified period of time;

Regulation of permit duration;

Regulation of signs and advertising;

Regulation of lighting;

Regulation of public-address or sound system;

Regulation of gas, smoke, noise, fumes, vibrations or other nuisances;

(9)

Referral to Design Review;

(10)

Such other conditions as are deemed necessary to protect the health, safety and welfare of the community and to assure compliance with the intent and purpose of this section.

Appeals. Appeals are subject to the provisions of Section 25.05.070.

Effective Date/Expiration Date. Planning Commission decisions on Temporary Use Permit applications shall become effective fourteen calendar days after the date of the decision, unless appealed to the City Council. Temporary Use Permits may be authorized for a maximum three year time period.

Revocation. Revocations are subject to the provisions of Section 25.05.075.

(Ord. 1334 § 1, 1997; Ord. 1403 § 1, 2002; Ord. 1534 § 1, 2010; Ord. 1555 § 5, 2011; Ord. 1565 § 1, 2012; Ord. 1577 § 5, 2013; Ord. 1659 § 5, 2021; Ord. 1677 § 5, 2022)

§ 25.05.040 Design review.

Intent and Purpose. The design review process consists of a review of a proposed development by the approval authority of either the Design Review Board or Planning Commission as specified herein. The Director of Community Development is the approval authority for Administrative Design Review as specified in Section 25.05.040(B)(3). The design review process is intended to achieve the following goals:

That development projects comply with the applicable standards and design guidelines and criteria;

That development projects focus on quality designs, within a neighborhood context that results in creative design solutions for the City;

That development occurs with an orderly and harmonious appearance, including associated facilities, such as signs, landscaping and parking areas;

That the development review process minimizes contentiousness;

That the development review process considers public and private views;

That public health, safety and general welfare throughout the City is paramount;

That there is effective implementation of the applicable general and specific plan policies, which encourage the preservation and enhancement of the particular character and unique assets of the city; and

That development projects comply with the policies of the certified Local Coastal Program Land Use Plan, including, but not limited to, the shoreline access, open space, environmentally sensitive habitat, hillside protection and visual resource policies.

Development Subject to Design Review. Development subject to Design Review, Administrative Design Review, or exempt from Design Review may still require Coastal Development Permits pursuant to the provisions of Chapter 25.07.

All new buildings, structures and physical improvements and relocations, additions, extensions and exterior changes of or to existing buildings, structural and non-structural improvements, including landscaping and grading, shall be subject to design review, except as otherwise provided in Section 25.05.040(B)(2) and 25.05.040(B)(3). Examples of physical improvements and site developments subject to a design review hearing with the Design Review Board or Planning Commission include, but are not limited to, the following:

Commercial or industrial parking and loading areas;

New vehicular access to streets or alleys;

Retaining walls in excess of five feet in exposed height;

Signs, as specified in Chapter 25.54 ("Sign Regulations");

Permanent chain link or similar type of woven metal fences, and vinyl fences that do not simulate natural material;

Telecommunication facilities subject to the provisions of Chapters 11.06 and 25.55;

Trash enclosures associated with a commercial use;

Public street and sidewalk improvements;

Above-ground utility structures;

Total aggregate additions that are 50% or more of the original gross floor area of the existing building or structure, additions that create a new upper story, and additions that exceed a height of 15 feet above the adjacent ground elevation;

Shore protective devices;

All buildings, structures and physical improvements in environmentally sensitive areas and on lots with a slope greater than 30%, except as otherwise provided in Section 25.05.040(B)(2)(a)(iv);

(m)

Grading in excess of 20 cubic yards outside the building footprint, except as specified in Section 22.10.010(e);

(n)

Clearing of native vegetation on undeveloped parcels and undeveloped portions of developed parcels, and native vegetation restoration plans, except for City required annual weed abatement;

(o)

Fuel modification programs subject to the provisions of sections 25.05.040(C)(3) and (4); provided, that once a program has received approval, subsequent approval for maintenance of the fuel modification will be granted by the Director of Community Development, if that maintenance is in conformance with the intent and objectives of the originally approved program;

(p)

Landscaping review for new development or additions that are 50% or more of the original gross floor area, additions that create a new upper story or additions that exceed a height of 15 feet above the adjacent ground elevation, and for structural improvements within environmentally sensitive habitat areas;

(q)

Modifications of previously approved design review plans, including approved landscape plans, except as otherwise provided in Sections 25.05.040(B)(2) and 25.05.040(B)(3);

(r)

Swimming pools, permanent spas (unless eligible for administrative design review) and their associated pool or spa equipment;

(s)

Outlining of the outside of buildings or portions thereof with lights. (If such outlining with lights is proposed on a building listed on the register, then the Heritage Committee shall make a recommendation to the approval authority prior to its design review); and

(t)

A hedge or hedges located within front, side and/or rear yards that is/are proposed to exceed the maximum allowable fence height, as set forth in Chapter 25.50.

Exceptions. The following improvements shall be exempt from the design review process. The Director of Community Development has the discretion to refer applications to the appropriate design review authority for consideration and final action. The City Council may, by resolution, require that certain project types normally eligible for an exception be referred to either the design review or administrative design review process. Exceptions shall be reviewed through the plan check process to ensure compliance with zoning standards.

Additions to single-family residences with no prior design review plans that:

Result in aggregate additions that are less than 50% of the original gross floor area of an existing building or structure;

(ii)

Do not create a new upper story and do not exceed a height of 15 feet above the adjacent ground elevation;

(iii)

Are in conformance with the zoning regulations; and

(iv)

Are not within an environmentally sensitive area or where a licensed professional has determined, subject to peer review, that the proposed improvements do not impact the environmentally sensitive area.

Minor modifications to approved design review plans, including, but not limited to:

Hardscape reconfigurations that do not reduce the existing open space and landscape open space;

(ii)

Landscape plans with no increased height, width, and spacing of vegetation; and

(iii)

Additions or relocations of windows and glass doors with adjacent neighbor consent;

Interior modifications to existing structures or approved plans, including those structures and plans approved by the approval authority, except interior alterations to historic structures as outlined in Chapter 25.45 ("Historic Preservation");

Exterior modifications to less than 50% area of any street facing façade of a building in a residential zone that do not result in a style change of the building;

Repainting existing structures in residential zones provided that the paint color was not required to specifically address a design-related issue such as consistency with the architectural style and surrounding neighborhood;

Re-roofing buildings and structures with Class A roofing that is consistent with the architectural style and surrounding neighborhood, provided there are no changes to the dimensions, square footage, or roof pitch;

Retaining walls five feet or less in exposed height;

Slabs and patios at or below natural grade;

Modifications to existing driveways or other hardscape that does not increase impervious surfaces and complies with all other applicable provisions of this chapter;

Fences, walls and hedges that comply with the zoning regulations, except permanent chain link or similar type of woven metal fences. In residential areas, other decorative fences and walls, including but not limited to wood, vinyl simulating natural materials, fiberglass, steel, wrought iron, etc., which are determined to be compatible with the neighborhood and consistent with Section 25.50.012 ("Fences, walls, hedges, lattice work and screens") are permitted;

Window or exterior door replacements or insignificant changes in final design, such as moldings and windowpane material;

Elevated decks three feet or less above adjacent existing grade;

(m)

Railing changes;

(n)

Skylights with operable automatic night shades;

(o)

Conversion of existing landscaping to drought tolerant landscaping up to six feet at mature growth height and provided that the existing landscaping was not required to specifically address a design-related issue such as view equity or privacy;

(p)

Artwork approved through the procedures outlined in Chapter 1.09 ("Art in Public Places");

(q)

Signs, in conformance with an approved sign program subject to review and approval by the Director of Community Development;

(r)

Temporary on-grade removable accessory structures used as play sets, swing sets, other similar unenclosed recreation equipment, and storage sheds provided that: (i) the structure does not exceed 120 square feet in size, (ii) the height is less than 12 feet above adjacent ground elevation, and (iii) minimum required setbacks of the underlying zone are met unless it receives administrative design review approval;

(s)

Accessory dwelling units, only as set forth in Chapter 25.17;

(t)

Grading of 20 cubic yards or less outside the building footprint, except as specified in Section 22.10.010(e);

(u)

Fuel Modification. Plans consisting solely of a new or modified fuel modification shall be reviewed and approved by the Director of Community Development or designee to evaluate landscape design, and by the Fire Chief or designee for compliance with fuel modification regulations. Such plans may qualify as development requiring a coastal development permit that is subject to the provisions of Chapter 25.07, including instances when such a plan constitutes development that is not exempt pursuant to Section 25.07.008 because it would impact environmentally sensitive habitat areas;

(v)

Trash storage within the side yard when screened from public view by a wall or fence at least four feet in height and does not impact required access for the property;

(w)

Exterior wildfire resistant construction materials and methods in accordance with Chapter 7A of the California Building Code, including, but not limited to, replacement of natural wood siding with fire resistant materials that simulate the appearance of wood, enclosing of roof eaves and wrapping of decks; and

(x)

Seismic upgrades that do not affect the exterior appearance of the structure are eligible for an exception to design review.

Administrative Design Review Process. An administrative design review hearing may be conducted by the Director of Community Development or designee for development projects that: are considered to be minor or incidental as specified below, require neighbor notification including, but not limited to, those listed below.

Examples of administrative design review development projects may include but are not limited to:

Those projects normally exempt under subsection (B)(2) that are determined by the Director of Community Development or designee to pose potential impacts to neighboring properties;

(ii)

Elevated decks more than three feet above adjacent existing grade and structural additions within existing residential rooflines;

(iii)

Portable and in-ground spas not exceeding a maximum of 600 gallons, and water features;

(iv)

Pedestrian entry features that are outside the public right of way and do no impact line of sight and are in conformance with Section 25.50.012(B)(6);

(v)

Mechanical equipment, including, but not limited to, air conditioners and pool/spa equipment that do not meet the requirements of Section 7.25.130(C);

(vi)

City public works projects which are limited to replacement-in-kind or maintenance and which are not located in environmentally sensitive or open space areas, the Downtown Specific Plan Area, oceanfront properties or public buildings or parks;

(vii)

Extensions of time as specified in Section 25.05.040(J)(3);

(viii)

Additional covered or tandem parking as specified in Section 25.52.012(G);

(ix)

Decorative features such as fence posts, brick or stone columns may extend up to twelve inches above the maximum allowable height within the front yard;

(x)

Revocable Encroachment Permits when not associated with a project requiring a Design Review Board or Planning Commission decision; and

(xi)

Modifications to single- and multi-family structures in residential zones. The Director of Community Development has the discretion to refer any application to the Design Review Board and shall do so when the proposed modifications to a prior design review approval conflict with conditions of approval or a decision made by the Design Review Board. The following modifications shall be allowed through administrative design review:

Architectural modifications that are consistent with the Residential Design Guidelines;

Minor roof alterations that do not adversely impact view equity;

New or relocated windows and doors that do not obtain adjacent neighbor consent;

Additions to single-family residences with prior design review approved plans that:

Result in additions that are less than 50% of the prior design review approved floor area when not a major remodel;

Do not create a new upper story or do not exceed a height of 15 feet above the adjacent ground elevation;

Are not within an environmentally sensitive area or where a licensed professional has determined that the proposed improvements do not impact the environmentally sensitive area subject to peer review;

Are not within 5 years from the date of prior project approval or while the project is under construction if the aggregate additions are larger than 50 square feet; and

Additions are not allowed through the administrative design review process in combination with an application for an accessory dwelling unit or on sites with an existing accessory dwelling unit.

Public Notice for Administrative Design Review. Public notice shall be subject to the provisions of Section 25.05.065, except that if a Coastal Development Permit is required pursuant to Chapter 25.07, noticing for that type of permit shall instead be carried out through the public notice provisions of Section 25.07.014.

Staking Requirements for Administrative Design Review. All floor area additions and roof alterations shall be staked. If the Director of Community Development or his or her designee determines that the minor project should be staked, the staking requirements of subsections (C)(2)(a) and (b) of this section shall be followed, except that the construction and certification of the staking shall be completed at least 14 calendar days prior to the public hearing.

Deliberation and Action on Administrative Design Review Applications. The Director of Community Development or his or her designee shall conduct a public hearing for designated administrative design review projects. After consideration of all testimony and evidence presented at the public hearing and the Design Review Criteria specified in subsection H of this section, the Director of Community Development or his or her designee shall either approve, conditionally approve or deny the application in writing. An appeal of a decision on an administrative design review application is subject to the provisions of Section 25.05.070, and Section 25.07.016 when a coastal development permit is required.

Approval Authority Referral. Prior to deliberation and action on an administrative design review application, the Director of Community Development or his or her designee may (at his or her discretion) refer the project application to the approval authority for hearing and consideration in accordance with subsections E and F. The City Council may, by resolution, require that certain project types normally eligible for administrative design review be referred to a design review hearing with either the Design Review Board or Planning Commission.

Application. Application for design review shall be made by a property owner or authorized agent. Applications shall contain such information as prescribed by the Director of Community Development.

Early Neighbor Communication. The applicant shall communicate with owners of property within 300 feet of the applicant's property notifying them of the proposed project. Such communication should take place prior to deciding on a final design to help resolve potential conflicts. Communication efforts shall include notification mailed to all property owners within 300 feet of the applicant's property. The noticing must be prepared and mailed by a professional listing service. Certification to the accuracy, completeness of the list, and date the notice was mailed is required to be provided by the company, along with a copy of the materials sent. Early neighbor communication must be completed prior to being scheduled for a hearing date. The following information shall be included in the early neighbor notification notice:

Applicant contact information.

Location of the proposed project.

A description of the proposed project.

Information on how to participate in the design review process.

Staking Requirements.

A staking plan shall be prepared as specified on the most current zoning and design review submittal checklist. Staking poles and connecting ribbons, which accurately represent the full extent of the proposed structure, including decks and eaves, shall be constructed at least 21 calendar days prior to the first public hearing. At least 21 calendar days prior to the first public hearing, the location and height of the staking poles must be certified as accurate by a registered land surveyor or registered civil engineer licensed to conduct land surveys in the State of California. If complete and certified project staking is not in place at least 21 calendar days prior to the first Design Review Board public hearing date or 14 calendar days prior to the administrative design review public hearing, the project shall be continued to a later date. Neither the applicant, a relative of the applicant, nor any other person possessing a financial interest in the property or the project may certify the location and height accuracy of the staking poles. If the project is modified during the design review process because of a view consideration, privacy or other concerns that the Board determines is necessary to restake, the project shall be re-staked and re-certified at least 14 calendar days prior to any subsequent public hearing,

A deposit for the removal of staking poles, in an amount approved by the City Council shall be made prior to the time the project is scheduled for public hearing. Staking poles shall be removed by the applicant within 20 calendar days after the final project decision. Upon timely removal of the staking poles, the deposit shall be returned to the applicant. The applicant's failure to remove the staking poles within the prescribed time period shall result in the automatic forfeiture of the deposit, and the City shall remove the poles from the site.

Biological Report Requirements. Prior to deliberation and action on a design review application, the applicant shall submit a biological report that is prepared by a professional in the fields of wildlife biology or botany for any proposal to clear native vegetation on undeveloped parcels that are located within or adjacent to areas designated high or very high value on the city's biological values maps and any other areas that contain environmentally sensitive habitat resources except for annual weed abatement and approved fuel modification programs.

Fire Department Review and Approval. Prior to deliberation and action on a design review application for new construction and alterations involving 50% or more of an existing structure, the Fire Department shall review and approve or conditionally approve applications, including proposed fuel modification programs. Fuel modification programs or Alternative Materials and Methods (AM&Ms) requests, when determined necessary by the Fire Department, are required for any parcel having an "FM"—Fuel Modification designation or Very High Fire Hazard Severity Zone on the City's Geographic Information Mapping system. The Cal Fire-designated Very High Fire Hazard Severity Zone is an overlay zone, and does not change the underlying zoning of Title 25. The Fire Department conditions of approval relating to public safety may not subsequently be modified by the approval authority without the Fire Department's review and approval.

Filing Fee. Prior to accepting an application, the Department of Community Development shall charge and collect a filing fee as determined by resolution of the City Council.

Deliberation and Action on Applications.

The authorities responsible for reviewing and making decisions on design review applications are as follows:

The design review board shall conduct a noticed public hearing on design review applications for all single-family or two-family developments, including associated public right-of-way improvements.

The planning commission shall conduct a noticed public hearing on all other design review applications, including but not limited to: residential development of three-families or more, all projects located in the downtown specific plan area, all non-residential development, all public works projects including Capital Improvements Projects (CIP) and development in the right-of-way, and projects for which the planning commission is the primary discretionary review authority, such as approval of a conditional use permit.

Upon the conclusion of the public hearing on a design review application, and the consideration of all testimony and evidence presented at the public hearing, the approval authority shall approve, conditionally approve or deny the application. Determinations of design review applications shall be by majority vote of the voting members of the approval authority present.

The approval, conditional approval, or denial of design review applications by the approval authority shall be based upon the design review criteria set forth in subsection H of this section. Additional review criteria are specified in Section 25.07.012(F) when an associated Coastal Development Permit is required. Additional review criteria contained in specific plans and/or zoning overlays shall apply to projects located in areas covered by any such specific plans and/or zoning overlays.

The approval, conditional approval or denial of design review applications by the approval authority shall be accompanied by findings correlated with the design review criteria set forth in subsection H. Section 25.07.012(G) requires written findings to be made when approving or conditionally approving an associated Coastal Development Permit.

Design review hearings on a proposed residential development project shall usually be limited to a maximum of two hearings. A third hearing may be permitted if the approval authority makes a finding that the applicant followed the authority's direction(s) from the initial hearing in good faith and further design work on the project is in the best interest of the community. The approval authority may allow up to two continuances of hearings at which no substantive discussion of the application occurs. Concept review hearings for residential dwelling units of three units or less are not allowed, except where required by current City ordinance. If required, concept review shall be limited to one hearing and shall count as one of the above limited hearings.

Written notice of the approval, conditional approval or denial of design review applications shall be mailed to the applicant or authorized agent within 14 calendar days of the date of the decision of the approval authority.

Landscaping Conditions. The approval authority shall condition all landscaping approvals with mature growth height limits and maintenance schedules (type and frequency of pruning) for all vegetation that potentially impacts views. The landscaping shall be installed in accordance with the approved landscape plans. Thereafter, the landscaping shall be continuously maintained (including replanting, as necessary) in compliance with the approved landscaping plans, unless such plans are subsequently revised pursuant to subsection (B)(1)(v) of this section. Minor landscaping changes may be exempt from design review pursuant to subsection (B)(2)(b) of this section.

Applications for design review approval constitute applications for a "permit" as that term currently is used in California Government Code Section 65009(c)(1), and as hereafter may be amended.

Design Guidelines. "Design Guidelines" is a publication that has been developed by the City to assist designers in understanding the Design Review criteria. These guidelines complement the zoning regulations provided for in this Title by providing conceptual examples of potential design solutions and design interpretations. The guidelines are general and may be utilized with flexibility in their application to specific projects.

Design Review Criteria. Physical improvements and site developments subject to design review shall be designed and located in a manner which best satisfies the intent and purpose of design review, the City's village atmosphere and the design review criteria specified in this section. Village atmosphere shall be characterized by appropriately scaled development, diverse and unique architectural designs, pedestrian orientation and sensitivity to the natural conditions of the site. The property development standards as delineated in each zone are intended to provide the City with maximum flexibility and discretion in the decision making process, based upon the particular issues and circumstances in effect at the time development is proposed. These standards shall represent the maximum allowable building envelope for a given property. The actual development allowed after the application of the design review criteria will typically be less than the maximum designated by the general standards for the zone because of localized conditions identified during the design review process. A proposed development that has no variances from the Zoning Code does not have any presumptive development right or "entitlement." The design review criteria are as follows:

Access. Conflicts between vehicles, pedestrians and other modes of transportation should be minimized by specifically providing for each applicable mode of transportation. Handicapped access shall be provided as required by applicable statutes.

Design Articulation. Within the allowable building envelope, the appearance of building and retaining wall mass should be minimized. Articulation techniques including, but not limited to, separation, offsets, terracing and reducing the size of any one element in the structure may be used to reduce the appearance of mass.

Design Integrity. Consistency with the applicant's chosen style of architecture should be achieved by the use of appropriate materials and details. Remodels should be harmonious with the remaining existing architecture.

Environmental Context. Development should preserve and, where possible, enhance the City's scenic natural setting. Natural features, such as existing heritage trees, rock out-cropping, ridgelines and significant watercourses should be protected. Existing terrain should be utilized in the design and grading should be minimized.

General Plan Compliance. The development shall comply with all applicable policies of the general plan, including all of its elements, applicable specific plans, and the certified local coastal program.

Historic Preservation. Destruction or alteration to historic resources should be avoided whenever possible. See Chapter 25.45 for more information.

Landscaping. Landscaping shall be incorporated as an integrated part of the structure's design and relate harmoniously to neighborhood and community landscaping themes. View equity shall be an important consideration in the landscape design. The relevant landscaping guidelines contained in the City's "Landscape and Scenic Highways Resource Document" should be incorporated, as appropriate, in the design and planned maintenance of proposed landscaping.

Lighting and Glare. Adequate lighting for individual and public safety shall be provided in a manner which does not significantly impact neighboring properties. Reflective materials and appurtenances that cause glare or a negative visual impact (e.g. skylights, white rock roofs, high-gloss ceramic tile roofs, reflective glass, etc.) should be avoided or mitigated to a level of insignificance in those locations where those surfaces are visible from neighboring properties.

(9)

Neighborhood Compatibility. Development shall be compatible with the existing development in the neighborhood and respect neighborhood character. Neighborhood character is the sum of the qualities that distinguish areas within the City, including historical patterns of development (e.g., structural heights, mass, scale or size), village atmosphere, landscaping themes and architectural styles.

(10)

Pedestrian Orientation. Commercial development design shall enhance and encourage pedestrian uses. Incorporation of articulated building masses, compact open spaces and courtyards, mixed use developments, use of landscaping as part of design, and orientation to pedestrian access should be maximized.

(11)

Privacy. The placement of activity areas (e.g., decks, picture windows and ceremonial or entertainment rooms) in locations that would result in a substantial invasion of privacy of neighboring properties should be minimized.

(12)

Public Art. Public art is encouraged and shall be displayed where feasible or required by the Art in Public Places Ordinance.

(13)

Sign Quality. Signs shall be incorporated into the architecture of the structure and shall be made of high quality materials, be simple in design and be visually compatible with the surrounding physical environment in terms of color, scale and size. Use of natural materials in the construction of signs is encouraged.

(14)

Sustainability. New development should consider architecture and building practices which minimize environmental impacts and enhance energy efficiency by: (a) reducing energy needs of buildings by proper site and structural design; (b) increasing the building's ability to capture or generate energy; (c) using low-impact, sustainable and recycled building materials; (d) using the latest Best Management Practices regarding waste and water management; and (e) reducing site emissions.

(15)

Swimming Pools, Spas and Water Features. Swimming pools, spas and water features shall be located, designed and constructed where:

geology conditions allow;

noise produced by circulatory mechanical pumps and equipment is mitigated; and

any associated fencing or other site improvements are compatible with neighboring properties.

(16)

View Equity. The development, including its landscaping, shall be designed to protect existing views from neighboring properties without denying the subject property the reasonable opportunity to develop as described and illustrated in the City's "Design Guidelines." The "Design Guidelines" are intended to balance preservation of views with the right to develop property.

Design Review Findings. Physical improvements and site developments subject to Administrative or Design Review Board authority shall be designed and located in a manner in overall consistency with the design review criteria specified in Section 25.05.040(H), and all other applicable design guidelines and characterized by appropriately scaled development, diverse and unique architectural designs, pedestrian orientation, and sensitivity to the natural conditions of the site. Any deviations from the design review criteria and other applicable design guidelines must be considered minor and reasonably related to good design principles and specific site conditions.

Appeals. Appeals of the design review authority are subject to the provisions of Section 25.05.070, and Section 25.07.016 when a Coastal Development Permit is required.

(K)

Effective Date/Expiration Date.

A Design Review decision shall become effective 14 calendar days after the date of the decision, unless appealed to the City Council.

Design Review approval shall lapse and become void two years following the effective date if the privileges authorized by design review are not executed or utilized or, if construction work is involved, such work is not commenced within such two-year period and diligently pursued to completion.

The Director of Community Development or his or her designee may grant approval, through the administrative design review process, a two-year extension of time and, after that initial extension of time, a final one-year extension of time. Such time extensions shall be requested in writing by the applicant or authorized agent prior to the expiration of the beginning two-year approval period or a subsequently approved extension of time.

Extension of Time Findings. An extension of time of the beginning two-year approval period may be granted by through the administrative design review process, if each of the following findings can be made:

The zoning codes or standards applicable to the circumstances of the originally approved design review have not materially changed; and

The neighborhood character has not changed so as to be materially inconsistent with the findings made when design review was originally approved.

(L)

Reapplication Waiting Period. After denial of a project, no application for a project located on the same parcel or building site may be filed or accepted for filing for two months.

(Ord. 1334 § 1, 1997; Ord. 1376 § 1, 2001; Ord. 1390 § 1, 2001; Ord. 1400 §§ 1, 2, 2002; Ord. 1403 §§ 1, 2, 2002; Ord. 1416 § 3, 2002; Ord. 1418 § 1, 2002; Ord. 1456 § 1, 2005; Ord. 1461 § 2, 2006; Ord. 1482 §§ 1, 2, 2008; Ord. 1487 §§ 2—5, 2008; Ord. 1515 §§ 3, 4, 2009; Ord. 1541 § 1, 2011; Ord. 1555 §§ 6, 7, 2011; Ord. 1577 §§ 6, 7, 2013; Ord. 1590 § 2, 2014; Ord. 1601 § 1, 2015; Ord. 1636 §§ 2—9, 2019; Ord. 1649 § 1, 2020; Ord. 1654 §§ 1, 2, 2021; Ord. 1659 § 6, 2021; Ord. 1665, 11/16/2021; Ord. 1672 § 2, 2022; Ord. 1677 § 6, 2022; Ord. 1678 §§ 1, 2, 2022; Ord. 1688, 7/11/2023)

§ 25.05.050 Coastal development permits.

In addition to any permits required, any development within the coastal zone that constitutes development as defined in Section 25.07.006(D) that is not exempt pursuant to Section 25.07.008, requires approval of a coastal development permit pursuant to Chapter 25.07.

(Ord. 1482 § 3, 2008)

§ 25.05.065 Public notice.

Intent and Purpose. It is the intent and purpose of this section to provide standardized noticing procedures for discretionary permits or applications which require a public notice, except that if a coastal development permit is required pursuant to Chapter 25.07, noticing for that type of permit shall instead be carried out through the public notice provisions of Section 25.07.014.

Public Hearing. A public hearing shall be held by the approval authority (director of community development, design review board/board of adjustment, planning commission and/or city council) prior to a decision on a development entitlement permit or application as specified or required in the Laguna Beach Municipal Code and California state law. Public hearings shall require public notice as specified below.

Content of Public Hearing Notices. All public hearing notices that are mailed, posted or published for a proposed project shall contain the information listed below.

Time, date, address and location of the hearing;

Name of the approval authority holding the hearing;

A description of the proposed development and its proposed location;

The environmental determination;

The name, title, telephone and email address of a staff contact person;

All related project case numbers, and project name, if any;

The project applicant's name;

A statement, if applicable, of whether the proposed project is located within the coastal zone and appeal procedure; see the coastal development permit noticing requirements specified in Section 25.07.014, and Section 25.07.020 for emergency coastal development permit.

Mailing of Public Hearing Notices. Except as noted below, all public hearing notices shall be sent by mail not less than ten calendar days prior to the date of the public hearing. Administrative design review public hearing notices shall be sent by mail not less than fourteen calendar days prior to the date of the public hearing. Design review public hearing notices shall be sent by mail not less than twenty-one calendar days prior to the date of the public hearing. Public hearing notices shall be mailed to:

The project applicant;

The property owner or the owner's duly authorized agent;

Each property owner located within three hundred feet of the property line of the project site. The list of property owners shall be obtained from the latest equalized Orange County assessment roll and may include any subsequent ownership changes recorded with the county;

Each apartment and commercial tenant located within the project site or one hundred feet of the property line of the project site;

All homeowners' and master community associations governing property within three hundred feet of the property line of the project site;

Any person or organization that has filed within six months prior to the public hearing a written request for public notice;

The California Coastal Commission when processing a coastal development permit or local coastal program amendment;

Any adjacent city or county jurisdiction that may be affected by the proposed project;

(9)

Any local agency or district (such as water, sewer or school) that may be affected by the proposed project.

If the number of owners to whom public notice would be mailed is greater than one thousand then, in-lieu of mailed public notice, the city may provide public notice by placing a display advertisement of at least one-eighth page size in a newspaper of general circulation within the city at least ten calendar days prior to the hearing. The city's failure to provide notice as described in this section shall not be grounds for invalidation of any permit decision, provided that for projects requiring a coastal development permit, the city has completely complied with all notification procedures as required in Section 25.07.014. A failure to comply with the noticing requirements in Section 25.07.014 may delay the finality of the city's decision on a coastal development permit application.

Posting of Public Hearing Notices. Notice of a public hearing shall be posted on the project site not less than ten calendar days prior to the date of the public hearing for administrative use permit, conditional use permit, design review, general plan amendment (for specific property), heritage tree, revocation, rezone, street abandonment, subdivision (parcel or tentative tract map), temporary use permit (decided by the planning commission) and variance applications.

Publication of Public Hearing Notices. Notice of public hearing shall be published in a newspaper of general circulation within the city at least ten calendar days prior to the hearing for appeal (of an entitlement decision of the design review board/board of adjustment, director of community development or planning commission), demolition of a historic register structure, general plan amendment, local coastal program amendment, revocation, rezone, street abandonment, subdivision (parcel or tentative tract map), variance (decided by the design review board/board of adjustment or planning commission) and zoning ordinance amendment applications.

(Ord. 1334 § 1, 1997; Ord. 1555 § 1, 2011; Ord. 1577 § 1, 2013; Ord. 1636 § 10, 2019)

§ 25.05.070 Appeals and requests for review of discretionary decisions.

Intent and Purpose. It is the intent and purpose of this section to provide standardized procedures for appeals and requests for review of discretionary decisions and determinations with respect to planning and development applications and requests.

Appealability of Decisions.

All decisions regarding administrative use permits (Section 25.05.020), administrative design review (Section 25.05.040(B)(3)), coastal development permits (Section 25.05.050 and Chapter 25.07), conditional use permits (Section 25.05.030), design review (Section 25.05.040), interpretations (Chapter 25.06), reasonable accommodation (Section 25.05.080), temporary use permits (Section 25.05.035) and variances (Section 25.05.025), of the planning commission, board of adjustment/design review board or director of community development may be appealed to the city council by the applicant or any owner of property within three hundred feet of the subject property. Appeals of any determinations and requirements regarding coastal development permit processing, including exemptions, determinations relative to appealable development, etc. shall be as described in Chapter 25.07.

Any appeal by the applicant or owner of property within three hundred feet of the subject property shall be in written form specifically stating the grounds for the appeal and shall be filed with the city clerk within fourteen calendar days of the decision or determination.

The filing of any appeal shall be accompanied by payment of the appeal fee as determined by resolution of the city council, and no appeal shall be accepted or deemed filed unless such payment is made. Where more than one appeal is allowed, and if more than one appeal is filed, then following the filing expiration date for appeals, the city clerk shall prorate the required appeal fee among the total number of appeals and refund the excess amount paid by each appellant.

Notwithstanding any provision of this section, any decision or determination of the planning commission and board of adjustment/design review board shall be automatically appealed to the city council where a member of the commission or board has an ownership, leasehold or consulting interest in the property or project that is the subject of the decision or determination.

City Council Review of Decisions.

Any member of the city council may obtain review of any decision or determination of the planning commission, board of adjustment/design review board or director of community development by a written request for review to the city clerk, directly or through the city manager, within fourteen calendar days of the decision or determination. Where the city is the applicant or an aggrieved property owner, the city manager may initiate proceedings for review of the decision or determination by written request to the city clerk within fourteen calendar days of the decision or determination.

A request for review shall not require any statement of reasons, and therefore shall not represent support of or opposition to an application. No fee shall be required for a request for review. There shall be a presumption that the reason for the request is that the application may be of significant concern to the community or significant importance to the quality of life within the community and/or applicable land use policies and regulations. There shall be no inference or implication of bias or prejudgment due to a request for review being filed.

Processing of Appeals and Requests for Review.

Upon the city clerk's receipt of a timely and otherwise proper appeal, no further appeals shall be accepted for filing; provided, however, more than one appeal may be filed with regard to decisions and determinations of design review applications. No appeal may thereafter be withdrawn except upon a majority vote of the city council allowing a withdrawal of the appeal.

The city clerk shall set the appeal or request for review for a public hearing before the city council no less than fourteen calendar days nor more than sixty calendar days after receipt of the appeal or request for review. Public notice of the hearing for the appeal or request for review shall be subject to the provisions of Section 25.05.065, except that the public notice for appeals of Coastal Development Permits shall be instead carried out through the public notice provisions of Section 25.07.014.

Hearing and Decision on Appeals and Requests for Review.

Except as expressly provided below in subdivision (E)(2) for appeals or requests for review of decisions and determinations with regard to design review applications, upon the hearing of the appeal or request for review, the city council shall conduct a de novo review of the underlying application and shall not be limited to the grounds stated for the appeal, if an appeal was filed, and shall not be limited to the evidence that was presented to the approval authority. The city council shall exercise its independent judgment and discretion as to the evidence presented at its hearing. Nevertheless, there shall be a presumption that the decision or determination made by the approval authority was reasonable, valid, and not an abuse of discretion; and the appellant, if there is one, shall have the burden of proof of demonstrating otherwise by a preponderance of the evidence presented.

In the event of an appeal or request for review of a decision or determination with regard to a design review application:

If the decision or determination was supported by four or more affirmative votes of the approval authority, upon hearing the appeal or request for review, the city council shall be limited to the grounds specifically stated in the notice of appeal, if an appeal was filed, and to the evidence that was presented to the approval authority. The city council shall not conduct a de novo hearing, shall not reweigh the evidence, and shall not exercise its independent judgment and discretion as to the evidence. The city council shall consider whether the approval authority proceeded in the manner required by law and whether the decision or determination is supported by substantial evidence. There shall be a presumption that the decision or determination made by the approval authority was reasonable, valid, and not an abuse of discretion. The appellant, if there is one, shall have the burden of proof of demonstrating otherwise by a preponderance of the evidence, including plans, presented.

If the decision or determination was not supported by four or more affirmative votes of the approval authority, upon hearing the appeal or request for review, the city council shall conduct a de novo review of the underlying application but shall be limited to the grounds specifically stated in the notice of appeal, if an appeal was filed, and to the evidence, including plans, that was presented to the approval authority. The city council shall exercise its independent judgment and discretion as to such evidence. Nevertheless, there shall be a presumption that the decision or determination made by the approval authority was reasonable, valid, and not an abuse of discretion; and the appellant, if there is one, shall have the burden of proof of demonstrating otherwise by a preponderance of the evidence, including plans, presented.

Hearings are subject to the provisions of Section 25.07.016 when a coastal development permit is required.

The hearing conducted by the city council shall be limited to the plans that were the subject of the decision or determination by the approval authority. The city council shall not consider or act on new plans submitted by the applicant after the appeal is filed, although the city council may determine to remand any revised plans presented by the applicant for further proceedings by the approval authority pursuant to such direction as may be given by the city council.

The city council may uphold, reverse, wholly or partly, modify or remand any appealed or reviewed decision or determination in the following manner.

Three or more affirmative votes shall be required to reverse a decision or determination. A reversal shall be approved by the city council upon the adoption of a resolution that sets forth in writing the findings relied on to conclude that the appealed or reviewed decision or determination was in error or an abuse of discretion.

In the event the city council upholds an appealed or reviewed decision or determination approving the application, the city council may modify the proposed project or conditions of project approval, by making them more restrictive, or may add more restrictive conditions of approval upon the adoption of a resolution and without the need for a finding of error or an abuse of discretion. "More restrictive" for purposes of this subdivision shall include without limitation an incorporation of view or privacy protection measures, a reduction in building height or lot coverage, or an increase in setback, open space, parking, and other similar development standards.

(Ord. 1334 § 1, 1997; Ord. 1382 § 1, 2001; Ord. 1487 § 6, 2008; Ord. 1526 § 1, 2010; Ord. 1531 § 1, 2010; Ord. 1555 § 8, 2011; Ord. 1557 § 2, 2012; Ord. 1577 § 8, 2013; Ord. 1639 § 1, 2019)

§ 25.05.075 Revocation.

Intent and Purpose. It is the intent and purpose of this section to provide standardized procedures for discretionary decisions subject to revocation or modification.

Procedures.

Initiation. A revocation or modification of any administrative use permit, conditional use permit, temporary use permit, variance or design review approval may only be initiated by the authority that granted the approval or by the director of community development.

Review Authority. An approval may only be revoked or modified by the authority that granted the approval. An approval may be revoked or modified only if one or more of the following findings can be made:

That the administrative use permit, conditional use permit, temporary use permit, variance or design review approval was obtained by negligent or intentional misrepresentation (e.g., erroneous facts or information was presented by the applicant) or fraud;

That one or more of the conditions of approval have not been met or are not presently in compliance;

That the use is in violation of any statute, ordinance, law or regulation; or

That the use permitted is detrimental to the public health, safety or welfare or constitutes a public nuisance.

In the event a variance is approved regarding existing nonconformities and the nonconforming structure is removed in the process of construction, a public hearing shall be held by the decision-making body responsible for granting the variance. If the evidence presented indicates the nonconforming structure was in fact removed as part of construction related to implementation of the variance, then the decision making body shall proceed with the revocation process as outlined in subsections (B)(3) through (B)(5) of this section.

Prior to revocation, a noticed public hearing shall be held. Public notice shall be subject to the provisions of Section 25.05.065.

Not less than thirty days prior to the hearing date, a written notice of intention to revoke the permit or privilege granted shall be mailed to the applicant.

Revocations shall be made by resolution, with the exception of revocations by the director of community development which shall be by written notice.

All revocations made by the planning commission, design review board or director of community development may be appealed to the city council subject to the appeal procedures of Section 25.05.070.

(Ord. 1334 § 1, 1997; Ord. 1555 § 9, 2011; Ord. 1577 § 9, 2013; Ord. 1636 § 11, 2019)

§ 25.05.080 Reasonable accommodation.

Applicability. A reasonable accommodation in the land use, zoning and building context means providing individuals with disabilities or developers of housing for people with disabilities, flexibility in the application of land use, zoning and building code, regulations, policies, practices and procedures, or even waiving certain requirements, when it is necessary to eliminate barriers to housing opportunities. A request for reasonable accommodation may be made by any person with a disability, their representative or any entity, when the application of a zoning, land use or building code, regulation, policy or practice acts as a barrier to fair housing opportunities. A person with a disability is a person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such impairment or anyone who has a record of such impairment. The section is intended to apply to those persons who are defined as disabled under the Federal Fair Housing Act and the California Fair Employment and Housing Act (the Acts). A request for reasonable accommodation may include a modification or exception to the rules, standards and practices for the siting, development and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice.

Application Requirements.

Requests for reasonable accommodation shall be submitted in the form of a letter to the director of community development and shall contain the following information:

The applicant's name, address and telephone number;

Address of the property for which the request is being made;

The current actual use of the property;

The basis for the claim that the individual is considered disabled under the Acts;

The zoning, land use or building code provision, regulation, policy or practice from which reasonable accommodation is being requested, including an explanation of how application of the existing zoning, land use or building code provision, regulation, policy or practice precludes reasonable accommodation;

Why the reasonable accommodation is necessary to make the specific property accessible to the individual;

A determination, prepared by a qualified professional, of whether or not the request would result in adverse impacts to wetlands, environmentally sensitive habitat areas, public access and/or public views;

Supporting documentation, including without limitation plans.

Within thirty days of receipt of a request for reasonable accommodation, the reviewing authority shall make a determination as to whether all necessary information has been submitted. If additional information is necessary to adequately analyze the request, the applicant shall be notified in writing, within the thirty-day period, of the specific additional information needed.

Review and Other Land Use Applications. If the project for which the request for reasonable accommodation is being made also requires some other discretionary approval (including, but not limited to: conditional use permit, coastal development permit, design review, variance, general plan amend-ment, zone change, etc.), then the applicant shall file the information required by Subsection (b) above together for the concurrent review with the application for discretionary approval. Review of coastal development permit applications shall be as described in Chapter 25.07.

Review Authority.

Director of Community Development. Request for reasonable accommodation shall be reviewed by the director of community development (director), or his/her designee if no approval is sought other than the request for reasonable accommodation.

Other Review Authority. Requests for reasonable accommodation submitted for concurrent review with another discretionary land use application shall be reviewed by the authority reviewing the discretionary land use application.

Review Procedure.

Director Review. The Director, or designee, shall make a written determination within forty-five days of the date the application is determined to be complete per subsection (B)(2) above, and either grant, grant with conditions, or deny a request for reasonable accommodation in accordance with Section 25.05.080(E) (Findings and decision).

Other Reviewing Authority. The written determination on whether to grant, grant with conditions, or deny the request for reasonable accommodation shall be made by the authority responsible for reviewing the discretionary land use application in compliance with the applicable review procedure for the discretionary review. The forty-five-day deadline described above shall be superseded by any deadlines for the discretionary review, and the longer deadline shall apply. The written determination to grant or deny the request for reasonable accommodation shall be made in accordance with Section 25.05.080(E) (Findings and decision).

Findings and Decision.

Findings. The written decision to grant, grant with conditions, or deny a request for reasonable accommodation shall be consistent with the Acts and shall be based on consideration of the following factors:

Whether the housing, which is the subject of the request, will be used by an individual disabled under the Acts;

Whether the request for reasonable accommodation is necessary to make the specific housing available to an individual with a disability under the Acts;

Whether the request for reasonable accommodation would impose an undue financial or administrative burden on the city;

Whether the request for reasonable accommodation would require a fundamental alteration in the nature of a city program or law, including, but not limited to, land use and zoning;

Potential impact on surrounding uses;

Physical attributes of the property and structures;

Alternative reasonable accommodations which may provide an equivalent level of benefit;

Whether the request for reasonable accommodation would adversely impact wetlands, environmentally sensitive habitat areas, public access and/or public views; and, if it does have such an impact, whether the request can be accomplished under a feasible alternative approach that eliminates or minimizes those impacts. Mitigation must be included to address significant adverse impacts;

The feasible alternative to be implemented is the feasible alternative resulting in the least adverse impact on wetlands, environmentally sensitive habitat areas, public access and/or public views.

Conditions of Approval. In granting a request for reasonable accommodation, the reviewing authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation is appropriate based on the factors considered in subsection (E)(1). In addition, the reviewing authority may impose a condition that the city has the right to terminate any approved exterior reasonable accommodation when it has been determined that the approved reasonable accommodation is no longer necessary.