Note: Prior ordinance history: Ords. 1088, 1094, 1106,
1110, 1111, 1126, 1142, 1159, 1161, 1167, 1177, 1187, 1198, 1204,
1215, 1223, 1255, 1271, 1292, 1295, 1312 and 1320.
It is the intent and purpose of this chapter to establish procedures
necessary for the efficient processing of planning and development
applications and requests.
(Ord. 1334 § 1, 1997)
(A)
Prescribed by the Director of Community Development.
(1)
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.
(2)
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.
(3)
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.
(B)
Complete Planning and Development Applications.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(C)
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.
(D)
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.
(E)
Refund of Filing Fees. Refund of all or any portion of the filing
fees may be ordered by the Director of Community Development.
(F)
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.
(G)
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)
(A)
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.
(B)
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.
(D)
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.
(E)
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.
(Ord. 1334 § 1, 1997; Ord. 1555 § 2, 2011; Ord. 1577 § 2, 2013; Ord. 1651 § 1, 2020; Ord.
1659 § 2, 2021; Ord. 1677 § 2, 2022)
(A)
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.
(B)
Application.
(1)
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.
(C)
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.
(E)
Approval.
(1)
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).
(2)
Board of Adjustment or Planning Commission determinations, including
findings, shall be by resolution adopted by a majority of its membership.
(3)
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.
(4)
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.
(F)
Findings.
(1)
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.
(2)
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.
(3)
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.
(4)
The granting of such a Variance will not be contrary to the objectives
of the zoning ordinance or the General Plan.
(H)
Effective Date/Expiration Date.
(1)
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.
(2)
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)
A Building Permit is issued, and construction is begun and diligently
pursued to completion; or
(b)
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.
(3)
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:
(J)
Planning Commission Variances.
(1)
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:
(a)
Variance requests in conjunction with any matter pending before the
Planning Commission for which the Commission has the primary discretionary
responsibility;
(b)
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;
(c)
Variance requests for indirect access; and
(d)
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)
(A)
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.
(B)
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.
(C)
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.
(E)
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.
(F)
Findings.
(1)
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.
(2)
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.
(3)
The proposed use will have no substantial adverse effect upon abutting
property.
(4)
The proposed use is consistent with the objectives and policies of
the City's General Plan.
(5)
The conditions stated in the decision are deemed necessary to protect
the public health, safety and general welfare.
(G)
Conditions of Approval.
(1)
Conditions of approval may include, but are not limited to:
(a)
Regulation of use;
(b)
Special yards, spaces and buffers;
(c)
Special fences, solid fences and walls;
(d)
Surfacing of parking areas;
(e)
Street, service road or alley dedications and improvements or appropriate
bonds;
(f)
Regulation of points of vehicular ingress and egress;
(g)
Regulation of signs;
(h)
Landscaping plan, to be reviewed and approved by the Department of
Community Development;
(i)
Maintenance of the grounds;
(j)
Regulation of noise, vibration and odors;
(k)
Regulation of hours for certain activities;
(l)
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.
(2)
In addition to special conditions of approval, the following general
conditions of approval shall be imposed upon each Conditional Use
Permit:
(a)
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;
(b)
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;
(c)
All of the special conditions shall be consented to in writing by
the applicants and all owners of interests and lien holders;
(d)
The resolution granting the application, together with all consent
forms, shall be recorded by the recorder of Orange County;
(e)
The permit shall be subject to review at any time upon receipt of
written complaint.
(I)
Effective Date/Expiration Date.
(1)
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.
(2)
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.
(3)
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:
(a)
The privileges authorized are established; or
(b)
A Building Permit is issued and construction is begun and diligently
pursued to completion; or
(c)
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.
(4)
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:
(a)
The zoning codes or standards applicable to the circumstances of
the originally approved Conditional Use Permit have not materially
changed; and
(b)
The neighborhood character has not changed so as to be materially
inconsistent with the findings made when the Conditional Use Permit
was originally approved.
(5)
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.
(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)
(A)
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.
(B)
Uses Permitted Subject to Temporary Use Permit.
(1)
The following uses may be permitted in residential zones:
(a)
Construction. Temporary structures, garages or sheds;
(b)
Parking and storage of earthmoving or construction equipment, when
that parking or storage is incidental to an ongoing construction activity;
(c)
Storage of materials incidental to a Public Works project, subdivision
or construction activity;
(d)
Tract home or lot sales office;
(e)
Events which require closure of public streets to traffic;
(f)
Temporary parking lots other than existing lots;
(g)
Such other uses as the Planning Commission may by resolution deem
to be within the intent and purpose of this section.
(2)
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:
(a)
Art and handicraft shows (out of doors);
(b)
Carnivals;
(c)
Christmas tree sales;
(d)
Concerts;
(e)
Farmers market;
(f)
Horse shows and animal exhibitions;
(g)
Outdoor merchandise and display stands;
(h)
Sporting events;
(i)
Street vendors, temporary sales booths, sidewalk sales or enterprises
of a similar nature;
(j)
Tents or canvas/plastic enclosures;
(k)
Those temporary uses permitted in Section 25.05.035(B)(1);
(l)
Such other uses as the planning commission may by resolution deem
to be within the intent and purpose of this section.
(C)
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.
(D)
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.
(E)
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.
(F)
Approvals.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(G)
Conditions of Approval. Conditions of approval may include, but are
not limited to:
(1)
Regulations of hours;
(2)
Requirement of bonds or other guarantees for cleanup or removal of
structures or equipment;
(3)
Return of temporary use site to its original state within a specified
period of time;
(4)
Regulation of permit duration;
(5)
Regulation of signs and advertising;
(6)
Regulation of lighting;
(7)
Regulation of public-address or sound system;
(8)
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.
(I)
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.
(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)
(A)
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:
(1)
That development projects comply with the applicable standards and
design guidelines and criteria;
(2)
That development projects focus on quality designs, within a neighborhood
context that results in creative design solutions for the City;
(3)
That development occurs with an orderly and harmonious appearance,
including associated facilities, such as signs, landscaping and parking
areas;
(4)
That the development review process minimizes contentiousness;
(5)
That the development review process considers public and private
views;
(6)
That public health, safety and general welfare throughout the City
is paramount;
(7)
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
(8)
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.
(B)
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.
(1)
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:
(a)
Commercial or industrial parking and loading areas;
(b)
New vehicular access to streets or alleys;
(c)
Retaining walls in excess of five feet in exposed height;
(e)
Permanent chain link or similar type of woven metal fences, and vinyl
fences that do not simulate natural material;
(g)
Trash enclosures associated with a commercial use;
(h)
Public street and sidewalk improvements;
(i)
Above-ground utility structures;
(j)
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;
(k)
Shore protective devices;
(l)
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
(2)
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.
(a)
Additions to single-family residences with no prior design review
plans that:
(i)
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.
(b)
Minor modifications to approved design review plans, including, but
not limited to:
(c)
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");
(d)
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;
(e)
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;
(f)
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;
(g)
Retaining walls five feet or less in exposed height;
(h)
Slabs and patios at or below natural grade;
(i)
Modifications to existing driveways or other hardscape that does
not increase impervious surfaces and complies with all other applicable
provisions of this chapter;
(j)
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;
(k)
Window or exterior door replacements or insignificant changes in
final design, such as moldings and windowpane material;
(l)
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;
(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;
(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.
(3)
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.
(a)
Examples of administrative design review development projects may
include but are not limited to:
(i)
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:
(1)
Architectural modifications that are consistent with the Residential
Design Guidelines;
(2)
Minor roof alterations that do not adversely impact view equity;
(3)
New or relocated windows and doors that do not obtain adjacent
neighbor consent;
(4)
Additions to single-family residences with prior design review
approved plans that:
(a)
Result in additions that are less than 50% of the
prior design review approved floor area when not a major remodel;
(b)
Do not create a new upper story or do not exceed
a height of 15 feet above the adjacent ground elevation;
(c)
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;
(d)
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
(e)
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.
(b)
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.
(c)
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.
(d)
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.
(e)
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.
(C)
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.
(1)
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:
(2)
Staking Requirements.
(a)
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,
(b)
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.
(3)
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.
(4)
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.
(D)
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.
(F)
Deliberation and Action on Applications.
(1)
The authorities responsible for reviewing and making decisions on
design review applications are as follows:
(a)
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.
(b)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
(7)
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.
(8)
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.
(G)
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.
(H)
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:
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
Historic Preservation. Destruction or alteration to historic resources should be avoided whenever possible. See Chapter 25.45 for more information.
(7)
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.
(8)
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:
(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.
(I)
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.
(K)
Effective Date/Expiration Date.
(1)
A Design Review decision shall become effective 14 calendar days
after the date of the decision, unless appealed to the City Council.
(2)
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.
(3)
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.
(4)
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:
(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)
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)
(A)
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.
(B)
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.
(C)
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.
(1)
Time, date, address and location of the hearing;
(2)
Name of the approval authority holding the hearing;
(3)
A description of the proposed development and its proposed location;
(4)
The environmental determination;
(5)
The name, title, telephone and email address of a staff contact person;
(6)
All related project case numbers, and project name, if any;
(7)
The project applicant's name;
(D)
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:
(1)
The project applicant;
(2)
The property owner or the owner's duly authorized agent;
(3)
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;
(4)
Each apartment and commercial tenant located within the project site
or one hundred feet of the property line of the project site;
(5)
All homeowners' and master community associations governing property
within three hundred feet of the property line of the project site;
(6)
Any person or organization that has filed within six months prior
to the public hearing a written request for public notice;
(7)
The California Coastal Commission when processing a coastal development
permit or local coastal program amendment;
(8)
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.
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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.
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(E)
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.
(F)
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)
(A)
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.
(B)
Appealability of Decisions.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(C)
City Council Review of Decisions.
(1)
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.
(2)
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.
(D)
Processing of Appeals and Requests for Review.
(1)
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.
(2)
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.
(E)
Hearing and Decision on Appeals and Requests for Review.
(1)
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.
(2)
In the event of an appeal or request for review of a decision or
determination with regard to a design review application:
(a)
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.
(b)
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.
(c)
Hearings are subject to the provisions of Section 25.07.016 when a coastal development permit is required.
(d)
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.
(3)
The city council may uphold, reverse, wholly or partly, modify or
remand any appealed or reviewed decision or determination in the following
manner.
(a)
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.
(b)
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)
(A)
Intent and Purpose. It is the intent and purpose of this section
to provide standardized procedures for discretionary decisions subject
to revocation or modification.
(B)
Procedures.
(1)
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.
(2)
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:
(a)
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;
(b)
That one or more of the conditions of approval have not been met
or are not presently in compliance;
(c)
That the use is in violation of any statute, ordinance, law or regulation;
or
(d)
That the use permitted is detrimental to the public health, safety
or welfare or constitutes a public nuisance.
(3)
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.
(4)
Prior to revocation, a noticed public hearing shall be held. Public notice shall be subject to the provisions of Section 25.05.065.
(5)
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.
(6)
Revocations shall be made by resolution, with the exception of revocations
by the director of community development which shall be by written
notice.
(Ord. 1334 § 1, 1997; Ord. 1555 § 9, 2011; Ord. 1577 § 9, 2013; Ord. 1636 § 11, 2019)
(A)
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.
(B)
Application Requirements.
(1)
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:
(a)
The applicant's name, address and telephone number;
(b)
Address of the property for which the request is being made;
(c)
The current actual use of the property;
(d)
The basis for the claim that the individual is considered disabled
under the Acts;
(e)
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;
(f)
Why the reasonable accommodation is necessary to make the specific
property accessible to the individual;
(g)
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;
(h)
Supporting documentation, including without limitation plans.
(2)
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.
(3)
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.
(C)
Review Authority.
(1)
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.
(2)
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.
(D)
Review Procedure.
(1)
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).
(2)
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).
(E)
Findings and Decision.
(1)
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:
(a)
Whether the housing, which is the subject of the request, will be
used by an individual disabled under the Acts;
(b)
Whether the request for reasonable accommodation is necessary to
make the specific housing available to an individual with a disability
under the Acts;
(c)
Whether the request for reasonable accommodation would impose an
undue financial or administrative burden on the city;
(d)
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;
(e)
Potential impact on surrounding uses;
(f)
Physical attributes of the property and structures;
(g)
Alternative reasonable accommodations which may provide an equivalent
level of benefit;
(h)
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;
(i)
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.
(2)
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.
(Ord. 1527 § 1, 2010; Ord. 1557 §§ 3, 4, 2012)
