Laguna Beach Municipal Code Ch. 25.05 Administration

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) Except as otherwise prescribed by law, 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 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. An application cannot be deemed complete without the payment of the require application fee.

(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.

(H) Expiration of Application. If an applicant fails to provide any additional information requested by the Department of Community Development within ninety (90) days of the date the application was deemed incomplete, the application shall expire and have no force and effect, unless otherwise required by state law. After the expiration of an application, future City consideration shall require the submittal of a new, complete application and associated filing fees.

(Ord. 1334 § 1, 1997; Ord. 1416 § 1, 2002; Ord. 1659 § 1, 2021; Ord. 1677 § 1, 2022; Ord. 1732, 7/21/2026)

(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.

(C) 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.

(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.

(F) 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)

(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.

(D) 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.

(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.

(G) Appeals. Appeals are subject to the provisions of Section 25.05.070.

(H) Effective Date/Expiration Date.

(1) Decisions on Variance applications by the Board of Adjustment or Planning Commission, as applicable, shall become effective 14 calendar 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:

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

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

(I) Revocation. Revocations are subject to the provisions of Section 25.05.075.

(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; Ord. 1732, 7/21/2026)

(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.

(D) 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.

(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.

(H) Appeals. Appeals are subject to the provisions of Section 25.05.070.

(I) Effective Date/Expiration Date.

(1) Decisions on Conditional Use Permit applications by the Planning Commission shall become effective 14 calendar 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.

(J) 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; Ord. 1732, 7/21/2026)

(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.

(H) Appeals. Appeals are subject to the provisions of Section 25.05.070.

(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.

(J) 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)

(A) Intent and Purpose.

(1) The design review process is intended to achieve the following goals:

(a) That development projects comply with the applicable standards and design review findings and criteria;

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

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

(d) That the development review process considers public and private views;

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

(f) That there is effective implementation of the applicable general and specific plan policies; and

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

(2) Approval Authority.

(a) The Design Review Board or Planning Commission, as appropriate, is the approval authority for Design Review projects identified in Section 25.05.040(B)(1).

(b) The Community Development Department is the approval authority for projects that are Exempt from Design Review (Zone Clearance), as specified in Section 25.05.040(B)(2).

(c) The Director of Community Development is the approval authority for Administrative Design Review as specified in Section 25.05.040(B)(3).

(d) The Director of Community Development, at his or her sole discretion, is authorized to refer projects that are subject to Administrative Design Review or exempt from Design Review, as specified in Sections 25.05.040(B)(3) and 25.05.040(B)(2), to the Design Review Board or Planning Commission, as appropriate. In determining whether to make such a referral, the Director may consider whether the project:

(i) Could alter significant physical characteristics within an unusually sensitive or highly visible area;

(ii) May create impacts on surrounding properties, based on staff review of the project or issues identified in prior Design Review proceedings; or

(iii) Presents other circumstances that, in the Director's judgment, warrant review by the Design Review Board or Planning Commission.

(e) Development Subject to Design Review, Exempt from Design Review (Zone Clearance), and Administrative Design Review may still require a Coastal Development Permit pursuant to the provisions of Chapter 25.07.

(B) Development Subject to Design Review, Exempt from Design Review (Zone Clearance), and Administrative Design Review.

(1) Design Review. Design Review before the Design Review Board or Planning Commission, as appropriate, at a public hearing shall be required for the following projects:

(a) Demolition, alteration, or addition that constitutes a major remodel. A landscape plan and an exterior lighting plan is required for such major remodel;

(b) All new buildings, except as otherwise provided in Section 25.05.040(B)(2) relating to ADUs and new primary dwelling units. A landscape plan and an exterior lighting plan is required for new buildings under this subsection;

(c) Any improvement that exceeds a height of 15 feet, measured in accordance with the definition of "Height, building" in Chapter 25.08 (from the finished floor or from natural or finished grade, whichever is more restrictive or lower). A landscape plan and an exterior lighting plan is required for such improvement;

(d) Major modifications, alterations, or other actions pertaining to historic resources that do not qualify for administrative approval under Section 25.05.040(B)(3);

(e) Any development in an environmentally sensitive area, unless a licensed professional has determined, subject to peer review, that the proposed development does not impact the environmentally sensitive area;

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

(g) Retaining walls in excess of 5 feet in exposed height;

(h) 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 and fuel modification;

(i) Shoreline and bluff protective devices;

(j) Portable and in-ground swimming pools and spas more than 3 feet above adjacent, legal ground elevation, except for portable spas that do not exceed 600 gallons;

(k) New vehicular access to streets or alleys, including the widening of an existing driveway at the street to a width greater than the minimum required by Section 25.52.008(I)(2);

(l) Commercial or industrial parking and loading areas;

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

(n) Trash storage or enclosures, except as provided in Section 25.05.040(B)(2) and Section 25.05.040(B)(3);

(o) Modification of a primary dwelling unit, which was approved in conformance with Chapter 25.13, that conflicts with the objective development and design standards set forth in Chapter 25.13.

(p) Major Capital Improvement Project, which means a project undertaken by the City that is determined by the Community Development Director, in consultation with other affected department heads, to require review by the Planning Commission prior to approval by the City Council of design and/or construction documents, based on the project's proposed scope in terms of environmental, aesthetic, and/or land use effects on the community. Typical examples of a Major Capital Improvement Project include, but are not limited to, the following:

(i) New or substantial alterations to parks, public buildings, community facilities, reservoirs, or bridges;

(ii) New or substantial alterations to drainage structures which involve significant changes to grades, hillsides, habitats, or views;

(iii) Street improvements which involve substantial expansion of right-of-way, removal of existing facilities, removal of significant vegetation (unless part of a fuel modification project or program) and/or major changes to community character;

(iv) Design programs for city-wide features which are visible to the general public and contribute to community character, including but not limited to beach and park accessways, promenades, bridges, trails, and the City-owned property, where Festival of Arts and Pageant of the Masters is hosted.

(2) Exempt from Design Review (Zone Clearance). The following types of projects shall require the issuance of zone clearance in compliance with Chapter 25.05.045, rather than design review. For avoidance of doubt, the zone clearance process shall not be used for any of the below projects that are in an environmentally sensitive area (unless a licensed professional has determined, subject to peer review, that the proposed development does not impact the environmentally sensitive area); such projects are subject to Design Review under (B)(1).

(a) Demolition, alteration, or addition that does not constitute a major remodel;

(b) An improvement that does not exceed a height of 15 feet, measured in accordance with the definition of "Height, building" in Chapter 25.08 (from the finished floor or from natural or finished grade, whichever is more restrictive or lower);

(c) In-kind replacement of improvements for repair and maintenance;

(d) Interior modifications to existing structures that do not modify the exterior of such structures;

(e) Re-roofing of buildings or structures which do not result in white or light colored roofs, provided there are no changes to the dimensions, square footage, or roof pitch, and which will not result in glare through the use of materials, such as asphalt shingles or stainless steel, both at the determination of the Community Development Director;

(f) Annual weed abatement;

(g) Fuel modification project or program;

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

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

(j) Retaining walls 5 feet or less in exposed height;

(k) Hardscape that does not increase impervious surfaces, or that is proposed to comply with applicable fire prevention standards as determined by the Fire Official, and complies with all other applicable provisions of this chapter;

(l) Fences, walls and hedges that comply with Section 25.50.012 ("Fences, walls, hedges, latticework and screens"). For avoidance of doubt, this excludes permanent chain link or similar type of woven metal fences, and vinyl fences that do not simulate natural material, which are subject to design review under (B)(1);

(m) Decks, slabs, terraces, or patios elevated 3 feet or less above the adjacent, legal ground elevation;

(n) Landscaping of any vegetation, plants, bushes, or trees within the buildable area that is less than 15 feet at maintained height when measured from ground elevation adjacent to the location of the vegetation, plant, bush, or tree, provided that the plans identify and require that the landscaping is to be maintained at or below the heights reflected in the plans;

(o) Landscaping of any vegetation, plants, bushes, or trees in the rear or side yard at less than 6 feet at maintained height and in the front yard at less than 4 feet at maintained height when measured from the ground elevation adjacent to the location of the vegetation plant, bush, or tree, provided that the plans identify and require that the landscaping is to be maintained at or below the heights reflected in the plans;

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

(q) Trash storage within the side yard when screened from public view by a wall or fence at least 4 feet in height and does not impact required access for the property;

(r) Railings;

(s) Skylights with operable automatic night shades;

(t) Portable and in-ground swimming pools and spas no more than 3 feet above adjacent, legal ground elevation, and portable spas that do not exceed 600 gallons;

(u) Water features;

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

(w) Above-ground utility structures, which are below 4 feet in height when measured from adjacent, legal ground elevation, when incorporating colors, finishes, and landscaping to minimize visual impact, as determined by the Community Development Director, provided that the plans identify and require that the landscaping is to be maintained at or below the heights reflected in the plan and not to exceed the height of such above-ground utility structures;

(x) 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, legal ground elevation, and

(iii) Minimum required setbacks of the underlying zone are met unless it receives administrative design review approval;

(y) Certain telecommunication facilities subject to the provisions of Chapters 11.06 and 25.55;

(z) New primary dwelling unit, only as set forth in Chapter 25.13;

(aa) Modification of a new primary dwelling unit, which was approved in conformance with Chapter 25.13, that continues to meet the objective development and design standards set forth in Chapter 25.13.

(bb) De Minimis Capital Improvement Projects. For purposes of this subsection, capital improvement projects undertaken by the City may be deemed de minimis and subject to zone clearance pursuant to the Zoning Code based on the project's proposed scope in terms of environmental, aesthetic, and/or land use effects on the community, or are emergency projects determined by the Community Development Director to be necessary to preserve the health, safety, or welfare of the community. Examples of de minimis capital improvement projects include but are not limited to the following:

(i) Fuel modification project or program;

(ii) Emergency projects;

(iii) Roadway or trail improvements within existing rights-of-way;

(iv) Pipeline, such as storm drain and sewer, installation, repair and maintenance; minor alterations to utilities;

(v) Alterations and repairs to parking lots;

(vi) Small habitat restoration projects as defined in Section 15333 of the CEQA Guidelines;

(vii) Sign replacements in the same size with similar materials, at the determination of the Community Development Director;

(viii) In kind replacement of improvements for repair and maintenance;

(ix) Similar projects as determined by the Community Development Director in consultation with other affected department heads.

(3) Administrative Design Review. Administrative Design Review before the Community Development Director or designee shall be required for the following projects and as set forth below:

(a) The following projects are subject to the administrative design review process. For avoidance of doubt, the administrative design review process shall not be used for improvements that are in an environmentally sensitive area (unless a licensed professional has determined, subject to peer review, that the proposed development does not impact the environmentally sensitive area); such improvements are subject to design review under (B)(1).

(i) Landscaping of any vegetation, plants, bushes, or trees within the buildable area that is 15 feet or higher at maintained height when measured from the ground elevation adjacent to the location of the vegetation, plant, bush, or tree;

(ii) Landscaping of any vegetation, plants, bushes, or trees in the rear or side yard at 6 feet or higher at maintained height and in the front yard at 4 feet or higher at maintained height when measured from the ground elevation adjacent to the location of the vegetation plant, bush, or tree;

(iii) Decks, slabs, terraces, or patios elevated more than 3 feet above the adjacent, legal ground elevation;

(iv) Minor alterations to historic resources consisting of replacement or modification of doors and windows; the addition of first floor porches and decks; the replacement of roofing material or building siding; minor improvements to landscaping, hardscape, walls, fences, arbors, and other landscape features; and similar minor site or building alterations, provided that any such alteration has been reviewed for conformance with the Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings (1995, Weeks and Grimmer), as amended from time to time, as determined by the Community Development Director, or other similar generally accepted resource, as determined by the Community Development Director;

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

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

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

(ix) Re-roofing of buildings or structures which result in white or light colored roofs and which may result in glare through the use of materials, such as asphalt shingles or stainless steel, both at the determination of the Community Development Director;

(x) Roof alterations that change the dimensions, square footage, or roof pitch;

(xi) Detached fireplaces;

(xii) Skylights without operable automatic night shades;

(xiii) Telecommunication facilities subject to the provisions of Chapters 11.06 and 25.55 unless otherwise exempt;

(xiv) Above-ground utility structures, which are four 4 or higher in height when measured from adjacent, legal ground elevation;

(xv) Trash storage located within the front yard setback, screened from public view by a wall or fence 4 feet in height (3 feet on a corner lot) and not impacting required access for the property;

(xvi) Extensions of time for design review permits;

(xvii) Minor Capital Improvement project, which means a project undertaken by the City that may be reviewed and approved administratively, based upon a determination by the Community Development Director, in consultation with other affected department heads, based on the project's proposed scope in terms of environmental, aesthetic, and/or land use effects on the community. Typical examples of minor capital improvement projects include, but are not limited to the following:

1. Alterations to existing facilities resulting in exterior design changes;

2. Roadway or trail extensions within existing rights-of-way;

3. Replacement or renovation of damaged facilities or structures resulting in exterior design changes;

4. Small additions to existing structures resulting in exterior design changes;

5. Construction or demolition of small structures resulting in site or building design changes; and

6. Slope and wall repair for public infrastructure.

(b) Except for decks, slabs, terraces, or patios elevated more than 3 feet above the adjacent, legal ground elevation (Section 25.05.040(B)(3)(a)(iii)) and minor alterations to historic resources (Section 25.05.040(B)(3)(a)(iv)), the Community Development Director may waive the requirement for a public hearing on a design review permit for the projects identified in Section 25.05.040(B)(3)(a), when no other entitlement is required, if all of the following occur:

(i) Mailed Notice. The City shall mail or deliver notice to issue administrative design review permit not requiring a public hearing to all persons and agencies required to be notified Section 25.05.065 and with all of the information required in Section 25.05.065 at least fifteen (15) working days before the end of the public comment period. In addition, the notice of waiver of public hearing for the pending action shall contain all of the following:

1. A statement that a public hearing will be held upon the written request of any person provided that such request is received by the Department within fifteen working days from the date of sending the notice;

2. The date of the notice;

3. A statement that the project is appealable in accordance with Section 25.05.070;

4. The final date to submit a request for a hearing;

5. The date the design review permit will be granted if there is no hearing;

6. A project description and a statement of why the project qualifies for a waived public hearing;

7. A statement that failure by a person to request a public hearing may result in the loss of that person's ability to appeal any action taken by the City on such design review application;

8. A statement that the project plans are available at the Community Development Department for inspection during normal operating hours of the City.

(ii) Publication of Notice. The City shall publish a notice to issue administrative design review permit not requiring a public hearing one time at least fifteen (15) working days before the end of the public comment period. Such notice shall contain all the information required in subsections (B)(3)(b)(i)(1) through (B)(3)(b)(a)(8) of this section above. Such notices shall be posted in three public places, including one at the project site, or in a newspaper with general circulation in the City.

(iii) If no request for public hearing is received by the Community Development Department within fifteen (15) working days from the date of sending the notice pursuant to subsection (B)(3)(v)(ii) of this section, the permit is deemed approved.

(iv) An appeal of a decision on an administrative design review application is subject to the provisions of Section 25.05.070.

(c) Upon receipt of a request for a hearing, or in the Community Development Director's discretion not to waive the public hearing requirement, the Community Development Department shall schedule the matter for a public hearing and issue notice of such hearing consistent with the provisions of Section 25.05.065 and shall be subject to the following process:

(i) Staking Requirements for Administrative Design Review. If the Director of Community Development or his or her designee otherwise determines that a project should be staked, the staking requirements of subsections (C)(2) 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.

(ii) Deliberation and Action on Administrative Design Review Applications. The Director of Community Development or his or her designee shall conduct a public hearing for the designated administrative design review projects. After consideration of all testimony and evidence presented at the public hearing and the Design Review Findings specified in subsection (I) 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.

(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:

(a) Applicant contact information.

(b) Location of the proposed project.

(c) A description of the proposed project.

(d) Information on how to participate in the design review process.

(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 or Planning Commission 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 design review authority 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) Staking poles shall be removed by the applicant within 20 calendar days after the City's final decision on the design review application, after all local appeals are exhausted. The applicant's failure to remove the staking poles within the prescribed time period shall result in any remedies at law, including but not limited to code enforcement remedies.

(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 Safety Standards Review. Prior to deliberation and action on a design review application for new construction and major remodels, the Fire Department or Building Division of the Community Development Department, as applicable, shall serve as the review authority for purposes of reviewing and approving or conditionally approving applications, including proposed fuel modification programs. Fuel modification programs or Alternative Materials and Methods (AM&Ms) requests, when determined necessary by the applicable review authority, 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 review authority's conditions of approval relating to public safety may not subsequently be modified by the design review authority without the review and approval of the Fire Department or Building Division of the Community Development Department, as applicable.

(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.

(E) 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.

(F) Deliberation and Action on Applications.

(1) The authorities responsible for reviewing and making decisions on design review applications under Section 25.05.040(B)(1) 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, public works projects, 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 findings set forth in subsection (I) this section. Additional findings and review criteria are specified in Section 25.07.012(F) and (G) 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 written findings correlated with the design review findings set forth in subsection (I). Section 25.07.012(G) requires written findings to be made when approving or conditionally approving an associated Coastal Development Permit.

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

(6) Landscaping Conditions. The approval authority shall condition all landscaping approvals with maintained growth height limits 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 modified pursuant to Section 25.05.060. Certain landscaping is subject to zone clearance pursuant to subsection (B)(2) of this section and must be maintained at approved heights.

(7) 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. 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 any one element of the structure into smaller components, may be used to reduce the appearance of mass.

(3) 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 except when necessary to balance other design review criteria.

(4) 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.

(5) Historic Preservation. Destruction, alteration, or other actions pertaining to historic resources must be consistent with Chapter 25.45.

(6) 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.

(7) 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.

(8) 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.

(9) Pedestrian Orientation. Commercial and mixed-use with commercial development design shall maintain, to the maximum extent possible, the existing pedestrian orientation and improve upon it, when feasible. Design techniques that support a pedestrian orientation may include articulated building masses, frequent building entrances, display windows near the sidewalk, outdoor activity spaces, and appropriate use of landscaping and lighting. Blank walls should be avoided, to the maximum extent feasible. 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 to the extent feasible.

(10) 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.

(11) 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. View equity is intended to balance preservation of views with the right to develop property.

(I) Design Review Findings. In order to approve a design review permit application, the reviewing authority shall make all of the following findings:

(1) The proposed design of the project complies with all applicable provisions of the Laguna Beach Municipal Code, including any applicable specific plan; and

(2) The physical improvements and site developments are designed and located in a manner that achieves consistency with the design review criteria specified in Section 25.05.040(H).

(J) 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.

(1) A Design Review decision shall become effective 14 calendar days after the date of the decision, unless appealed in accordance with Section 25.05.070.

(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:

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

(b) 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 design review application for a project located on the same parcel or building site may be filed or accepted for filing for six months.

(M) The actual development allowed after the application of the design review findings and 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."

(Ord. 1732, 7/21/2026[1])

[1]

Note: This ordinance also repealed former Section 25.05.040, Design review, derived from Ord. 1334; Ord. 1376; Ord. 1390; Ord. 1400; Ord. 1403; Ord. 1416; Ord. 1418; Ord. 1456; Ord. 1461; Ord. 1482; Ord. 1487; Ord. 1515; Ord. 1541; Ord. 1555; Ord. 1577; Ord. 1590; Ord. 1601; Ord. 1636; Ord. 1649; Ord. 1654; Ord. 1659; Ord. 1665; Ord. 1672; Ord. 1677; Ord. 1678; and Ord. 1688.

(A) Purpose. Zoning clearance is the procedure used by the City to verify that a proposed use or structure complies with the activities allowed in the applicable zoning district and the development standards and other provisions of this Zoning Code.

(B) Applicability. Where this Zoning Code requires a zoning clearance as a prerequisite to establishing a use or structure, a zoning clearance shall be required at the time of the Department's review of any of the following:

(1) Initiation of a Use. A zoning clearance shall be obtained before the initiation or commencement of any use of land not requiring the construction of a structure.

(2) Change of Use. Whenever a use is proposed to be changed or intensified, whether or not the new or intensified use involves a new lessee, operator, or owner, a zoning clearance shall be obtained.

(3) Building Permit, Grading Permit, or Other Construction Permit. A zoning clearance shall be obtained before the City issues a new or modified building permit, grading permit, or other construction-related permit required for the alteration, construction, modification, moving, or reconstruction of any structure.

(C) Review and Approval.

(1) The Community Development Department shall issue the zoning clearance after first determining that the request complies with all Zoning Code provisions and other adopted criteria and policies applicable to the proposed use or structure.

(2) An approval may be in the form of a stamp, signature, or other official notation on approved plans, a letter to the applicant, or other certification, at the discretion of the Community Development Director.

(3) Appeals. The Department's action on a zone clearance request may be appealed in accordance with Section 25.05.070.

(4) Coastal Development Permit. A coastal development permit may still be required in accordance with Chapter 25.07.

(Ord. 1732, 7/21/2026)

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) Subsequent Modification to Coastal Development Permits.

(1) After a coastal development permit has been approved, modification of the approved plans and/or any conditions imposed, including additions or deletions, are subject to review in accordance with Chapter 25.07 (Coastal Development Permits), including Section 25.07.012(I) and Section 25.07.016(C).

(B) Subsequent Modification to Other Approved Permits.

(1) Development or a use authorized through an administrative use permit, variance, conditional use permit, temporary use permit, and design review permit issued by the City in compliance with the City's Code shall be established only as approved by the review authority, and in compliance with any conditions of approval, except where a change to the project is approved in compliance with this section.

(2) Application. An applicant shall request a proposed change in writing and shall also furnish appropriate supporting information and materials explaining the reasons for the request.

(3) Minor Changes Approved by the Community Development Director without a Public Hearing.

(a) The Community Development Director may authorize minor changes to an approved permit without a public hearing, where the Director first finds that the changes:

(i) Are consistent with the requirements of the City's Zoning Code; and

(ii) Do not involve a feature of the project that was a basis for findings for an exemption, negative declaration, mitigated negative declaration, or environmental impact report for the project; and

(iii) Do not involve a feature of the project that was specifically addressed or was the subject of a condition(s) of approval for the project or that was a specific consideration by the applicable review authority in the project approval; and

(iv) Do not result in an expansion or change in operational characteristics of the use; and

(v) Do not alter the facts in support of the findings required by Section 25.07.012(G).

(b) The Director may choose to refer any requested change to the original review authority for review and final action.

(C) Changes to Other Permits Approved by the City.

(1) Changes Approved by Original Review Authority. A proposed change that does not comply with the criteria identified in subsection (B)(3) of this section (Minor Changes Approved by the Director without a Public Hearing) may only be approved by the original review authority for the project through a new permit application filed and processed in compliance with the application provisions of Chapter 25.05.

(2) Conditions. If a proposed change is approved by the reviewing body, all terms and conditions of the original approval shall remain in effect, unless specifically removed or modified by the reviewing body. If a proposed change is denied by the reviewing body, the terms and conditions of the original permit shall remain in effect.

(Ord. 1732, 7/21/2026)

(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, and email address of a staff contact person;

(6) All case numbers for the proposed development;

(7) The project applicant's name;

(8) 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.

(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.

(E) Posting of Public Hearing Notices. Notice of a public hearing shall be posted in three public places within the City, including 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; Ord. 1732, 7/21/2026)

(A) Purpose. It is the intent and purpose of this section to provide standardized procedures for appeals and requests for review with respect to planning and development applications and requests.

(B) Allowed Appeals.

(1) Community Development Director Decisions.

(a) Any decision by the Community Development Director or designee on a ministerial permit may be appealed to the Planning Commission or Design Review Board, as applicable, provided that the only allowed grounds for appeal shall be that the decision of the Community Development Director or designee has not complied with the applicable provisions of this Zoning Ordinance. 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.

(b) Any decision by the Community Development Director or designee on a discretionary permit may be appealed to the Planning Commission or Design Review Board, as applicable. 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) Planning Commission and Design Review Board Decisions. Any decision rendered by the Planning Commission and Design Review Board may be appealed to the City Council. Similarly, any decision rendered by a board, committee, or commission appointed by the City Council will be processed in the same manner as set forth herein for the Planning Commission and Design Review Board decisions. 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.

(3) Requests for Review. On its own initiative, the City Council may review any decision rendered by the Community Development Director, Planning Commission, or Design Review Board as follows:

(a) Decision to Review.

(i) One Council member may initiate review of a Community Development Director or Planning Commission/Design Review Board decision, respectively, by filing a written request with the City Clerk, within 14 calendar days after the date of the decision.

(ii) The Council shall consider the "request for review" at its next regularly scheduled meeting.

(iii) If the Council votes to review the decision, a subsequent review hearing shall be scheduled to consider the merits of the review. Either action shall require an affirmative majority of the legislative body vote.

(iv) Where the City is the applicant or affected property owner, the City Manager may initiate proceedings for review of the decision or determination by written request to the City Clerk within 14 calendar days of the decision or determination.

(b) Applicant Notification. At the time the review body votes to initiate review, the applicant shall be informed of the aspects of the application and the decision that the review authority will consider.

(c) Notice of Hearing. Notice of the hearing shall be provided and the hearing shall be conducted in compliance with Section 25.05.065.

(d) A request for review shall not require any statement of reasons from the member(s) calling for review 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.

(C) Filing and Processing of Appeals.

(1) Form of Appeal and Timing.

(a) Appeals, other than City Council review, shall be submitted in writing and filed with the Community Development Department or City Clerk, as applicable, on a City application form, within 14 calendar days after the date the decision is rendered by the Community Development Director or Planning Commission/Design Review Board.

(b) Appeals to the Planning Commission/Design Review Board and City Council shall include a statement specifying the basis for the appeal and the specific aspect of the decision being appealed.

(2) Filing Fees.

(a) Appeals shall be accompanied by the filing fee set by the City Council's Fee Resolution when the application is filed with the Community Development Department or City Clerk, as applicable. No appeal shall be accepted or deemed filed unless such payment is made.

(b) 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.

(c) The Community Development Director is authorized to waive the filing fee for appeals upon a showing of good cause.

(3) Effect of Filing. The filing of an appeal in compliance with this Chapter shall have the effect of suspending the effective date of the decision being appealed, and no further actions or proceedings shall occur in reliance on the decision being appealed except as allowed by the outcome of the appeal.

(4) Notice to Applicant. If the appellant is not the applicant, a copy of the appeal shall be provided to the applicant within seven days of its filing.

(5) Report and Scheduling of Hearing. When an appeal has been filed, the Community Development Director shall prepare a report on the matter. The City shall schedule the matter, in its sole discretion, within 90 days of the filed appeal, for consideration by the appropriate appeal body identified in Section 25.05.070(B). All appeals shall be considered during public hearings with notice provided in compliance with subsection (C)(6). The City may consolidate hearings on all timely filed appeals for the same project.

(6) Notice Requirements. 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.

(7) Withdrawal of Appeal. Once filed, an appeal may only be withdrawn by a written request submitted to the Community Development Director, with the signatures of all persons who filed the appeal.

(D) Hearing on Appeal.

(1) Upon the hearing of an appeal, the Planning Commission/Design Review Board, shall conduct a de novo hearing on the underlying application but shall be limited to the grounds specifically stated in the notice of appeal, if an appeal was filed. The Planning Commission/Design Review Board shall exercise its independent judgment as to the 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. Abuse of discretion is established when (a) the agency has not proceeded in the manner required by law; (b) the order or decision is not supported by the findings; (c) the findings are not supported by evidence.

(2) Upon the hearing of an appeal or request for review, the City Council shall conduct a de novo hearing on the underlying application but shall be limited to the grounds specifically stated in the notice of appeal, if an appeal was filed. The City Council shall exercise its independent judgment 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. Abuse of discretion is established when (a) the agency has not proceeded in the manner required by law; (b) the order or decision is not supported by the findings; (c) the findings are not supported by evidence.

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

(E) Action on Appeal.

(1) At the hearing, the appeal body shall conclude the proceedings with one of the following actions.

(a) Affirmation or Reversal. The appeal body may, by resolution, affirm, affirm in part and reverse in part, or reverse the action that is the subject of the appeal.

(b) Additional Conditions. When reviewing an appeal, the appeal body may adopt additional conditions of approval involving or related to the subject matter of the appeal.

(c) Remand. The City Council may, but shall not be required to, remand the matter back to the Planning Commission/Design Review Board, as applicable, for further consideration. The Planning Commission/Design Review Board, as applicable, shall not be allowed to remand the matter back to the Community Development Director.

(2) Deadlocked Vote.

(a) By Planning Commission/Design Review Board. In the event an appeal from an action of the Community Development Director results in a deadlocked vote by the Planning Commission/Design Review Board, the determination, interpreting decision, judgment, or similar action, the appeal shall be forwarded to the City Council for the City Council's proceedings on the appeal, as specified in this Section.

(b) By City Council. In the event that an appeal from an action of the Planning Commission/Design Review Board results in a deadlocked vote by the City Council, the action of the Planning Commission/Design Review Board (or Community Development Director), as appropriate, shall become final.

(Ord. 1732, 7/21/2026[1])

[1]

Note: This ordinance also repealed former Section 25.05.070, Appeals and requests for review of discretionary decisions, derived from Ord. 1334; Ord. 1382; Ord. 1487; Ord. 1526; Ord. 1531; Ord. 1555; Ord. 1557; Ord. 1577; Ord. 1639; Ord. 1712.

(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, home occupation 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, home occupation 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.

(7) 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; Ord. 1712, 3/11/2025)

(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 fair 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, the California Fair Employment and Housing Act, and the Americans with Disabilities 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. Name and address of the property owner and the owner's written consent to the application;

d. The current actual use of the property;

e. Verifiable documentation of the individual's disability status used as the basis for the claim that the individual is considered disabled under the Acts;

f. 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;

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

h. 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. This requirement may be waived by the Community Development Director if the record clearly demonstrates that no such potential adverse impacts would result from the reasonable accommodation; and

i. Any additional information deemed necessary by the Community Development Director to facilitate proper consideration of the request, consistent with fair housing laws.

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 in compliance with Section 25.05.080(B)(1). 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 amendment, 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. Reasonable accommodation applications 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. The application will also be coordinated for review by the Building Division.

(D) Review Procedure.

1. Director Review. The Director, or their 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. Use. Whether the housing, which is the subject of the request, will be used by an individual disabled under the Acts;

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

c. Undue Financial Burden. Whether the request for reasonable accommodation would impose an undue financial or administrative burden on the City;

d. Request Results in Change of Land Use or Zoning. 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. Surrounding Uses. Potential impact on surrounding uses;

f. Subject Property Adequacy. The physical attributes of the subject property and structure(s) would warrant approval of the requested reasonable accommodation(s);

g. No Alternative Reasonable Accommodation. No other alternative reasonable accommodations would provide an equivalent level of benefit;

h. No Adverse Environmental Impact. 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; and

i. Least Impact. 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.

(F) Appeal of Determination. A determination by the reviewing authority to grant, grant with conditions, or deny a request for reasonable accommodation may be appealed to the city council in compliance with Appeals Section of the Zoning Code (Section 25.05.070).

(Ord. 1527 § 1, 2010; Ord. 1557 §§ 3, 4, 2012; Ord. 1712, 3/11/2025)