ORDINANCE NO. ____
AN ORDINANCE OF THE CITY COUNCIL OF LAGUNA BEACH,
CALIFORNIA AMENDING LAGUNA BEACH MUNICIPAL CODE
SECTIONS 25.07.006 AND 25.07.012 RELATING TO COASTAL MAJOR
REMODELS, OCEANFRONT DEVELOPMENT AND COASTAL
DEVELOPMENT PERMIT REGULATIONS FOR OCEANFRONT SITES,
AND AMENDING SECTION 25.56.009 RELATING TO MODIFICATION
OF NONCONFORMING STRUCTURES ON OCEANFRONT SITES.
The City Council of the City of Laguna Beach does hereby ORDAIN as follows:
SECTION 1: Section 25.07.006 (“Definitions”) of Chapter 25.07 (“Coastal
Development Permits”) of the Laguna Beach Municipal Code is hereby amended to read in
its entirety as follows:
25.07.006
Definitions.
For the purposes of this chapter, the following definitions shall apply:
(A) “Appealable development” means any development project which may be appealed to
the coastal commission in accordance with the adopted regulations of the coastal
commission and is located within or constitutes any of the following:
(1) Approval of a development project located within any appealable area, as
follows:
(a) All area between the sea and first public road paralleling the sea or within
three hundred feet of the inland extent of any beach or the mean, high- tide
line of the sea where there is no beach, whichever is the greater distance,
(b) All area within one hundred feet of any wetland, estuary, or stream and all
area within three hundred feet of the top of the seaward face of any coastal
bluff;
(2) Approval or denial of a development project which constitutes a major public
works project or a major energy facility.
(B) “Approving authority” means any person, board, commission or council authorized by
the applicable zoning or specific plan regulations, or by the provisions of this chapter.
(C) “Coastal development permit” is a permit issued by the city of Laguna Beach or the
coastal commission to perform or undertake any development within the coastal zone.
(D) “Coastal major remodel” constitutes new development and is defined as the alteration
of or an addition to an existing building or structure if any of the following occurs and
shall apply to development proposed on oceanfront sites, as that term is defined below
in subsection (K), requiring a coastal development permit. (Unless stated otherwise,
the following standards shall be measured in square feet.)
December 3, 2013
(1) Exterior Wall Area
Demolition, removal and/or reconstruction of 50% or more of the total existing
wall area. A wall is considered to be demolished, removed and/or
reconstructed when any of the following occur either above or below grade:
(a) Both exterior cladding and framing systems are altered in a manner that
requires removal and replacement of those cladding and framing systems.
(b) Existing support for the wall is temporarily or permanently removed such
that any portion of the remaining floors, roof, ceiling or other building
elements supported by the wall cannot remain freestanding without
supplemental support.
(c) Additional reinforcement is needed for any remaining portions of the wall
and cladding to provide structural support (e.g., addition of beams, addition
of shear walls, placement of new studs whether alone or alongside the
existing/retained studs).
(2) Roof/Floor
Demolition, removal and/or reconstruction of 50% or more of the combined
total area(s) of the existing roof framing system and structural floor systems,
not including eaves or decks.
Roof framing and structural floor systems shall be considered to be
demolished, removed and/or reconstructed when any of the following occur:
(a) The roof and/or floor framing is altered in a manner that requires removal
and replacement of roof or floor structural framing system elements (e.g.,
trusses, joists and rafters);
(b) The roof and/or floor structural framing system requires additional
reinforcement to any remaining portions of the roof or floor system to
provide structural support (e.g., addition of beams, joists and/or rafters,
etc., whether alone or alongside existing/retained system elements).
(3) Additions
One or more additions to an existing building or structure that increases the
gross floor area square footage of the existing building or structure by 50% or
more.
(4) Foundations
Demolition, removal, reconstruction and/or reinforcement/enlargement of 50%
or more of the existing foundation system (e.g., structural slabs, pier and posts,
caissons and grade beams and/or perimeter foundations). This percentage is
measured as follows: slab foundation by horizontal surface area; pier and
posts/caissons or grade beam foundation by the number of piers, posts,
caissons and/or grade beams.
Whenever modifications to an existing building or structure constitute a coastal major
remodel, the entire structure shall constitute and be classified as new development
subject to current development standards of the subject zone, and all requirements
applicable to the construction of new development. A coastal major remodel shall not
include roof coverings; filling-in of existing window and door openings; replacement
of glass in existing window openings; replacement of window and door framing when
the size and location of the window/door remains unchanged; and/or repair of roofs or
foundations without any change to structural supporting elements.
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Alterations of or additions to an existing building or structure as described above shall
be cumulative over any consecutive seven (7) year period, commencing with approval
of any development after the adoption of this ordinance.
(DE) “Development” means the placement or erection of any solid material or structure
on land or in or under water; the discharge or disposal of any dredged material or of
any gaseous, liquid, solid or thermal waste; the grading, removing, dredging, mining
or extraction of any materials; a change in the density or intensity of use of land
including, but not limited to, the subdivision of land pursuant to the Subdivision Map
Act (commencing with Section 66410 of the Government Code) and any other
division of land, including lot splits; change in intensity of use of water, or of access,
thereto; the construction, reconstruction, demolition or alteration of the size of any
structure, including any facility of any private, public or municipal utility; and the
removal or harvesting of major vegetation other than for agricultural purposes; and
kelp harvesting.
(EF) “Emergency” means sudden, unexpected occurrence demanding immediate action to
prevent or mitigate loss of or damage to life, health, property or essential public
services.
(FG) “Environmentally sensitive area” means any area in which plant or animal life or
their habitats are either rare or especially valuable because of their special nature or
role in an ecosystem and which could be easily disturbed or degraded by human
activities and development.
(GH) “Intensification of use” means a change in the use of a lot or premises which, based
upon the provisions of the underlying zone, requires more off-street parking than did
the immediately preceding legal use of such lot or premises.
(HI) “Major energy facility” means any public or private processing, producing, generating,
storing, transmitting, or recovering facility for electricity, natural gas, petroleum, coal
or other source of energy which exceeds one hundred thousand dollars in its estimated
cost of construction with an automatic increase in accordance with the Engineering
News Record Construction Cost Index, except for those governed by the provisions of
Public Resources Code Sections 30610, 30610.5, 30611 or 30624.
(IJ) “Major public works project” means a public works project which exceeds one
hundred thousand dollars in its estimated cost of construction with an automatic
increase in accordance with the Engineering News Record Construction Cost Index,
except for those governed by the provisions of Public Resources Code Sections 30610,
30610.5, 30611 or 30624.
(K) “Oceanfront site” means any lot, parcel of land and/or legal building site recognized
by the City that is located adjacent to the ocean, including, but not limited to, lots or
parcels located along the shoreline, on and/or immediately adjacent to beaches, and on
oceanfront bluffs including oceanfront bluff lots or parcels.
(JL)
“Public works” means the following:
(1) All production, storage, transmission and recovery facilities for water, sewage,
telephone and other similar utilities owned or operated by any public agency or
by any utility subject to the jurisdiction of the Public Utilities Commission,
except for major energy facilities;
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(2) All public transportation facilities, including streets, roads, highways, public
parking lots and structures, mass transit facilities and stations, bridges, trolley
wires and other related facilities;
(3) All publicly financed recreational facilities, all projects of the State Coastal
Conservancy and any development by a special district.
(KM) “Structure” means anything that is constructed or built; for example, a building,
road, pipe, flume, conduit, siphon, aqueduct, telephone line, or electrical power
transmission and distribution line.
(LN) “Qualified appellant” means any person who, in person or through a representative,
appeared at a public hearing of the commission or local government in connection
with the decision or action appealed, or who, by other appropriate means prior to a
hearing, informed the commission or local government of the nature of his or her
concerns or who for good cause was unable to do either. Qualified appellant includes
the applicant for a permit and the local government involved.
SECTION 2: Section 25.07.012 (“Procedures”) of Chapter 25.07 (“Coastal
Development Permits”) of the Laguna Beach Municipal Code is hereby amended to read in
its entirety as follows:
25.07.012
Procedures.
Each coastal development permit application shall be processed in accordance with
the following requirements.
(A)
Determination of Applicable Category. At the time an application for development
is submitted, the community development director or his/her designee shall determine,
based on the provisions of this chapter, and all applicable maps, zoning regulations and
specific plan regulations, that the development project is one of the following:
(1)
Within an area where the coastal commission continues to exercise original
permit jurisdiction an applicant must obtain a coastal development permit directly
from the coastal commission;
(2)
Appealable to the coastal commission and requires a coastal development
permit;
(3)
Nonappealable to the coastal commission and requires a coastal
development permit;
(4)
Categorically excluded or exempt and does not require a coastal
development permit.
(B)
Where an applicant, interested person, or a local government has a question as to
the appropriate designation for the development, the following procedures shall establish
whether a development is exempt, categorically excluded, nonappealable or appealable:
(1)
The local government shall make its determination as to what type of
development is being proposed and shall inform the applicant of the notice and
hearing requirements for that particular development. The local determination may
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be made by any designated local government employee(s) or any local body as
provided in local government procedures;
(2)
If the determination of the local government is challenged by the applicant
or an interested person, or if the local government wishes to have a coastal
commission determination as to the appropriate designation, the local government
shall notify the commission by telephone of the dispute/question and shall request
the executive director’s opinion;
(3)
The executive director shall, within two working days of the local
government request (or upon completion of a site inspection where such inspection
is warranted), transmit his or her determination as to whether the development is
exempt, categorically excluded, nonappealable or appealable;
(4)
Where, after the executive director’s investigation, the executive director’s
determination is not in accordance with the local government determination, the
coastal commission shall hold a hearing for purposes of determining the appropriate
designation for the area. The commission shall schedule the hearing on the
determination for the next commission meeting (in the appropriate geographic
region of the state) following the local government request.
(C)
Application Requirements. Each coastal development permit application shall be
submitted in the form and number prescribed by the community development department
and shall be accompanied by:
(1)
Payment of a fee set by resolution of the city council;
(2)
A location map showing the area to be developed in relation to nearby lots,
streets, highways, and major natural features such as the ocean, beaches, wetlands,
and other major landforms;
(3)
A site plan, drawn to scale, showing:
(a) Existing and proposed property lines of the site to be developed,
including all easements over or adjacent to the lot,
(b) Existing and proposed topography,
(c) All existing and proposed structures, roads, utility lines, signs, fences,
access ways and other improvements,
(d) Major natural and manmade landscape features, including location,
type and size of any trees or other vegetation to be removed or planted;
(4)
Any additional information determined, within thirty days of the coastal
development permit application submittal, to be necessary for evaluation of the
proposed development.
(D)
Approval Authority. An application for a coastal development permit shall be
reviewed in conjunction with whatever other permits are required for the project in the
underlying zone; all such permits shall be processed concurrently and the approving body
for the coastal permit shall be the same as that for the permit required by the underlying
zoning district or other city regulation. Coastal development permit review shall be
provided in accordance with the requirements of this chapter. All approving bodies shall
refer all coastal development permit applications either to the design review board or the
planning commission.
(1)
In the case where a project requires only a coastal development permit, such
permit may be approved or denied by the director of community development. The
department of community development shall set a public hearing date before the
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director of community development and noticing shall be provided in accordance
with the requirements of Section 25.07.014. Findings shall be made in accordance
with the requirements of this chapter and written notice of the decision shall be
provided as required in Section 25.07.014(D). All such development projects shall
also be subject to the coastal development permit requirements defined in this
chapter.
(E)
Public Hearing Requirements. At least one public hearing shall be held on each
application for an appealable development. Nonappealable, exempt and categorically
excluded projects will be subject to public hearings required by local ordinance as specified
in the Laguna Beach Municipal Code.
(1)
If a decision on a development permit is continued by the local government
to a time which is neither (a) previously stated in the notice provided pursuant to
Section 25.07.014, nor (b) announced at the hearing as being continued to a time
certain, the local government shall provide notice of the further hearings (or action
on the proposed development) in the same manner and within the same time limits
as established in Section 25.07.014.
(F)
Review Criteria. To ensure compliance with the certified local coastal program, the
following criteria shall be incorporated into the review of all applications for coastal
development permits:
(1)
The proposed development will not encroach upon any existing physical
accessway legally utilized by the public or any proposed public accessway
identified in the adopted local coastal program land use plan;
(2)
The proposed development will not adversely affect marine resources,
environmentally sensitive areas, or archaeological or paleontological resources;
(3)
The proposed development will not adversely affect recreational or visitorserving facilities or coastal scenic resources;
(4)
The proposed development will be sited and designed to prevent adverse
impacts to environmentally sensitive habitats and scenic resources located in
adjacent parks and recreation areas, and will provide adequate buffer areas to
protect such resources;
(5)
The proposed development will minimize the alterations of natural
landforms and will not result in undue risks from geological and erosional forces
and/or flood and fire hazards;
(6)
The proposed development will be visually compatible with the character of
surrounding areas, and where feasible, will restore and enhance visual quality in
visually degraded areas;
(7)
The proposed development will not have any adverse impacts on any known
archaeological or paleontological resource;
(8)
The proposed development will be provided with adequate utilities, access
roads, drainage and other necessary facilities; and
(9)
Other public services, including but not limited to, solid waste and public
roadway capacity have been considered and are adequate to serve the proposed
development.
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(G)
Oceanfront Development.
In addition to the review criteria[MJC1] set forth in subsection (F) above, all development
proposed on oceanfront sites shall comply with the requirements established below. Unless
an exception is expressly granted pursuant to subsection (G)(6) below, the following
requirements shall apply to all development on oceanfront sites:
(1) Coastal Hazards Analysis
Applicants for development of oceanfront sites shall submit the following
information, prepared by appropriately licensed professional(s):
(a) All development shall be analyzed for potential coastal hazards from
erosion, flooding, wave attack, wave run-up, scour and other conditions
in conjunction with sea level rise scenarios indicated below depending
on the type of development, and shall also consider localized uplift or
subsidence, tide range, wave climate, local topography, bathymetry,
geologic conditions, and potential tsunami inundation areas.
(b) The best available scientific information with respect to the level of
future sea level rise and effects of long-range sea level rise shall be
considered in the preparation of findings and recommendations for all
requisite geologic, geo-technical, hydrologic, and engineering
investigations. By way of example, and as of the effective date of this
ordinance, the current best available science is reflected in the 2012
National Academy of Science Report, Sea-Level Rise for the Coasts of
California, Oregon and Washington: Past, Present and Future. This
report provides regional projections, including the Laguna Beach area,
of sea level rise from 5.0[MJC2] inches up to 23.94[MJC3] inches (2
feet) from 2000 to 2050 and from 17.4[MJC4] inches up to
65[MJC5].55 inches (5.4[MJC6]6 feet) from 2000 to 2100.
(c) Significant community support functions (such as waste water
treatment, provision of potable or fire-fighting water, and fire and life
safety command and equipment centers), energy production and
distribution infrastructure, critical community shelter facilities used in
an emergency, or structures that house vulnerable populations that
cannot be readily evacuated, including hospitals, schools, and care
facilities for the elderly and/or disabled, shall be subject to a higher
level of design scrutiny with analysis based on a minimum of either
65.55[MJC7] inches (5.46[MJC8] feet) of sea level rise from 2000 to
2100 or an extrapolation of projected sea level rise rates for the
expected economic life of the structure (assumed to be no less than 75
years), whichever is greater.
(d) All input parameters for hazard analysis shall be clearly described in
the analysis and, if a range of values are considered, the basis for the
selection should be provided.
(e) The hazard analysis shall be used to identify current and future site
hazards, to help guide site design and hazard mitigation and identify sea
level rise thresholds after which limitations in the development’s design
and siting would cause the improvements to become significantly less
stable.
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(f) Where development is proposed on, adjacent to or near an oceanfront
bluff and/or slope, require a geologic/soils/geotechnical study that
identifies any geologic hazards affecting the proposed project site and
any necessary mitigation measures, and contains findings that the
project site is suitable for the proposed development and that the
development will be safe from geologic hazard for its economic life.
For development on oceanfront bluffs, such reports shall include slope
stability analyses and estimates of the long-term average bluff
retreat/erosion rate over the economic life of the development. The
predicted bluff retreat shall be evaluated considering not only historical
bluff retreat data, but also acceleration of bluff retreat made possible by
continued and accelerated sea level rise, future increase in storm or El
Niño events, and any known site-specific conditions. Reports are to be
prepared/signed by a licensed professional Engineering Geologist or
Geotechnical Engineer.
(g) Where feasible, new development shall be sited outside of potential
tsunami inundation zones. Tsunami inundation zones shall be defined
as those areas identified as such on maps released by the California
Emergency Management Agency (CalEMA), as they become available.
If no such map is available, a Registered Civil Engineer with coastal
experience shall make a determination, through wave run-up analysis,
whether the site may reasonably be expected to be subject to inundation
during a tsunami. If it is not feasible to site new development outside
of a tsunami inundation zone, new development shall be in
conformance with all of the provisions set forth in Chapter 25.38 with
regard to Special Flood Hazard Zones. In addition, development shall
be constructed to resist lateral movement due to the effect of water
loading from the maximum expected tsunami, to the greatest extent
feasible. Within tsunami inundation zones, as identified on CalEMA
map, all new commercial and industrial facilities shall take steps to
assure that all visitors and employees at these facilities are made aware
of the potential tsunami threat including, at a minimum, placement of
signage of the threat and identification of evacuation routes that are
sized and sited appropriately to ensure maximum notice to visitors and
employees.
(2) Siting of Oceanfront Development
Based upon the information and analysis provided by the Coastal Hazards Analysis
required in subsection (G)(1) above, new development on oceanfront sites shall be
sited outside areas subject to hazards (including but not limited to beach or
bluff/slope erosion, inundation, flooding or wave run-up) at any time during the full
projected economic life of the development (assumed to be no less than 75 years).
Development plans shall consider hazards currently affecting the property as well
as hazards that can be reasonably anticipated over the economic life of the structure.
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All new development located on oceanfront sites shall be setback from the
bluff/slope edge or shoreline a sufficient distance to assure stability, assure that it
will not be endangered by erosion, and to avoid the need for protective devices
during the economic life of the structure (75 years). Such setbacks must take into
consideration expected long-term bluff /slope retreat over the next 75 years, as well
as slope stability. To assure stability, the development must maintain a minimum
factor of safety against landsliding of 1.5 (static) or 1.2 (pseudostatic, k=0.15 or
determined through analysis by the geotechnical engineer) for the economic life of
the structure. If there is an existing protective device on the property, any proposed
new development shall not rely on the protective device to meet the minimum
factor of safety for the development or to assure that the development will be
geologically stable for, at a minimum, 75 years.
In addition to meeting the above stability requirements, all new development
located on oceanfront bluffs shall be sited in accordance with the stringline of
adjacent development, but in no event less than 25 feet from the bluff edge. This
requirement shall apply to the principal structure and major accessory structures,
which are structures that require a structural foundation, including but not limited to
guesthouses and pools. In cases where it is determined that the stringline is
significantly more restrictive tha the twenty-five foot setback, the approval
authority may modify the required stringline setback, provided it determines that
unique conditions relating to landform, lot orientation or excessive building
setbacks on an adjacent property prevent or severely restrict development that
otherwise meets the intent and purpose of this Chapter. The setback shall be
increased landward from the bluff edge and greater than 25 feet when necessary to
minimize risks to life and property from hazards and to assure geologic safety and
stability of the new development over the economic life of the structure (75 years).
New minor accessory structures, which are structures that do not require structural
foundations, such as decks, patios and walkways, on oceanfront bluff sites, shall be
sited in accordance with the stringline for accessory structures, but in no event less
than 10 feet inland from the bluff edge. Accessory structures, both minor and
major, shall be removed or relocated landward when threatened by erosion,
geologic instability or other coastal hazards.
In addition to complying with the above-identified siting requirements and
oceanfront setbacks, development shall also comply with the oceanfront setbacks
identified in Section 25.50.004 (Building Setback Lines).
All new development on oceanfront sites shall be elevated above the Base Flood
Elevation (as defined in Section 25.38.020 and as modified to reflect future sea
level rise pursuant to Section 25.38.041(C)(2)) and sited as far landward as possible
to the maximum extent practicable.
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(3) Shoreline Protection Device
New shoreline or bluff protection devices that alter natural landforms or shoreline
processes shall not be permitted to protect new development. Except as provided in
subsection (8)(b)(i)[MJC9] below, any permit for new development, which includes
a coastal major remodel and/or an addition to an existing structure, on oceanfront
sites, shall require the property owner to record a deed restriction against the
property that expressly waives any future right that may exist pursuant to California
Public Resources Code Section 30235 regarding new or additional shore or bluff
protection devices.
(4) Nonconforming Development
Existing, lawfully established structures on oceanfront sites[MJC10] that do not
conform to the provisions of the Local Coastal Program shall be considered legal
non-conforming structures. Such structures may be maintained and repaired, as
long as the improvements do not increase the size or degree of non-conformity.
Additions and improvements to such structures that are not considered a coastal
major remodel may be permitted provided that such additions or improvements
themselves comply with the current policies and standards of the Local Coastal
Program. Complete demolition and reconstruction or coastal major remodel is not
permitted unless the entire structure is brought into conformance with the policies
and standards of the Local Coastal Program. Existing unpermitted or illegal nonconforming or obsolete (not being used) structures, including, but not limited to,
shore protective devices, and accessory structures such as fences, walls, patios,
decks, walkways and stairways, shall be removed or brought into compliance with
current development standards.[MJC11]
(5) Repair and Maintenance
Legally constructed structures shall be allowed to be repaired and maintained.
Extraordinary methods of repair and maintenance shall be subject to coastal
development permit review, and only those repair and maintenance activities
deemed consistent with the certified Local Coastal Program and/or the Coastal Act
(as applicable) shall be allowed. Extraordinary methods of repair and maintenance
are those methods which involve a risk of substantial adverse environmental impact
to any of the following:
(a) Improvements to a structure located on a beach, in a wetland, seaward
of the mean high tide line, in environmentally sensitive habitat areas, or
within 50 feet of an oceanfront bluff;
(b) Substantial alteration of foundation elements;
(c) Placement of solid materials on a beach or in coastal waters, streams,
wetlands, estuaries and lakes;
(d) Replacement of 50 percent or more of the materials of an existing
structure on or within 50 feet of an oceanfront bluff or beach with
materials of a different kind;
(e) The presence, whether temporary or permanent, of mechanized
construction equipment or construction materials on any sand area,
bluff, or environmentally sensitive habitat area, or within 20 feet of
coastal waters or streams.
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(6) Exceptions
The requirements of this Section 25.07.012(G) shall apply to all development on
oceanfront sites unless the Director of Community Development (or the Coastal
Commission where applicable) determines that a specific minor development may
be excepted from the requirements of subsection (1) above. Such exceptions shall
only be granted when the findings required in subsection (7)[MJC12] below can be
made and that any conditions deemed necessary shall be imposed as required in
subsection (8)[MJC13] below.
Any minor development that is excepted shall be located landward of the
oceanfront setback area and shall never require shoreline protection. Minor
development may include conforming accessory or ancillary structures, such as
decks, patios, tennis courts, cabanas, stairs and landscaping[MJC14]. Minor
development may also include minor modifications to primary structures when
located on the landward side of the oceanfront setback area, at the landward side of
the structure, with no modification to the existing foundation system, and when
such alteration does not constitute or contribute to a [MJC15]“coastal major
remodel.”
Structures listed on the City’s Historic Register shall be allowed to maintain
existing setbacks, in accordance with the provisions of Chapter 25.45, as long as
shoreline protection is not required.
(7) Required Findings and Analysis
(a) In
addition
to
the
findings
required
under
Section
25.07.012(H[MJC16]), written findings of fact, analysis and legal
conclusions addressing coastal hazards must be included in support of
all coastal development permit approvals, conditional approvals, or
denials for development located on oceanfront sites to determine
whether or not the proposed development conforms to the requirements
of this section. Such findings shall address the specific project impacts
identified by the Coastal Hazards Analysis required in subsection (1)
above. The findings shall explain the basis for the conclusions and
decisions on the coastal development permit and shall be supported by
substantial evidence in the record. Findings for approval or conditional
approval shall conclude that the project as proposed, or as conditioned,
conforms to the certified Local Coastal Program.
A coastal
development permit shall be granted only if the decision making body
finds:
(i) The development, as proposed or as conditioned, assures
stability and structural integrity, and neither creates nor
contributes significantly to erosion, geologic instability,
or destruction of the site or surrounding area; and,
(ii) The development, as proposed or as conditioned, does not
rely on existing or future bluff/shore protection devices to
establish geologic stability or protection of the
development from coastal hazards;
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(b) If the development includes a shore or bluff protection device, a coastal
development permit shall be granted only if the decision making body
finds:
(i) The development is necessary to protect an existing
structure, and that it is designed or conditioned: 1) to be
sited as far landward as feasible, 2) to eliminate or
mitigate to the maximum feasible extent adverse impacts
on local shoreline sand supply and public access, 3) to
assure that there are no alternatives that would avoid or
lessen impacts on shoreline sand supply, public access or
coastal resources, and 4) to assure that it is the least
environmentally damaging alternative.
(8) Conditions
(a) If found necessary to conform to the development standards
contained in this Chapter or any other applicable policy or standard
of the certified Local Coastal Program, the proposed development
shall be modified, by special condition, relative to height, setback,
size, design, or location on the site and may be required to
incorporate other project design approaches to avoid or minimize the
adverse impacts that the proposed development may have on coastal
resources. If special conditions of approval are required in order to
bring the project into conformance with the certified Local Coastal
Program, the findings shall explain how the special condition(s)
alleviate or mitigate the adverse effects which have been identified.
Mitigation shall not be permitted to substitute for implementation of
a feasible project alternative that would lessen or avoid impacts to
shoreline sand supply, public access or other coastal resources.
(b) Except as provided in subsection (8)(b)(i)[MJC17] above, a
condition of any coastal development permit and any permit for new
development, which includes a coastal major remodel, and/or
addition to an existing structure, on oceanfront sites, shall expressly
require the applicant to waive on behalf of itself, himself or herself
(as applicable) and all successors and assigns, any rights that may
exist pursuant to California Public Resources Code Section 30235
(and equivalent Local Coastal Program policies) to construct new or
additional bluff/shore protection devices to protect the development
approved pursuant to the permit, and record this waiver of future
bluff/shore protection device on the title of the property as a deed
restriction.
(GH) Findings. A coastal development permit application may be approved or
conditionally approved only after the approving authority has reviewed the development
project and made all of the following findings:
(1)
The project is in conformity with all the applicable provisions of the general
plan, including the certified local coastal program and any applicable specific plans;
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(2)
Any development located between the sea and the first public road
paralleling the sea or within three hundred feet of the inland extent of any beach or
the mean, high- tide line of the sea where there is no beach, whichever is the greater
distance, is in conformity with the certified local coastal program and with the
public access and public recreation policies of Chapter 3 of the Coastal Act;
(3)
The proposed development will not have any significant adverse impacts on
the environment within the meaning of the California Environmental Quality Act.
(HI) Conditions. In approving an application for a coastal development permit, the
approving body may impose conditions necessary to enable the required findings to be
made. When conditions pertaining to public access and/or open space or conservation
easements are imposed, notification of such action shall be submitted to the executive
director of the coastal commission in accordance with Section 25.07.018.
(IJ)
Effective Date of Coastal Permits.
(1)
Appeal Projects. The coastal permit is not effective until adequate notice of
final local action has been received in the appropriate district office of the coastal
commission and the ten (10) working day commission appeal period has expired
and no valid appeal has been filed.
(2)
Nonappealable Projects. The coastal permit is not effective until adequate
notice of final local action has been received in the appropriate district office of the
coastal commission.
(3)
Coastal development permit approval shall lapse and become void two (2)
years following the effective date if the privileges authorized by the permit are not
executed or utilized, or, if construction work is involved, such work is not
commenced within such two (2) year period and diligently prosecuted to
completion.
(4)
The approving authority may grant a reasonable extension of time for due
cause. Such time extension shall be requested in writing by the applicant or
authorized agent prior to expiration of the two-year period.
SECTION 3: Section 25.56.009 (“Modification of Existing Nonconforming
Structure”) of Chapter 25.56 (“Nonconforming Building, Lots and Uses”) of the Laguna
Beach Municipal Code is hereby amended to read in its entirety as follows:
25.56.009
Modification of Existing Nonconforming Structure.
Modification of existing nonconforming structure may be made, including a modification
to the nonconforming portion of a structure, if that modification does not increase the
physical extent of the nonconforming portion of the structure in any manner. However, if
the construction modification is defined as a “major remodel,” then the construction shall
be classified as a new building or structure and shall be subject to current development
standards of the subject zone. Structures listed on the Historic Register shall be allowed to
maintain existing setbacks, in accordance with the provisions of Chapter 25.45.
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On oceanfront sites (as that term is defined in Section 25.07.006), existing non-conforming
structures may be maintained and repaired; however, such improvements shall not increase
the size or degree of nonconformity. In addition, if the construction modification
constitutes a coastal major remodel (as that term is defined in Section 25.07.006), then the
entire structure shall be classified as new development and shall be subject to current
development standards of the subject zone, and the entire structure shall be brought into
conformance with all requirements applicable to the construction of new development.
When a new development or coastal major remodel occurs, the status of all existing
accessory structures on the site, including, but not limited to, shore protective devices,
fences, walls, patios, decks, walkways and stairways shall be assessed to determine if they
are unpermitted, illegal nonconforming, not located within applicable parcel or lot
boundaries or threatened by erosion, geological instability or other coastal hazards; and if
so, such structures shall be removed or relocated landward in compliance with current
development standards. Any proposed improvements to nonconforming accessory
structures, other than repair and maintenance, shall require the entire structure to be
brought into conformance with current development standards. Structures listed on the
City’s Historic Register shall be allowed to maintain existing setbacks, in accordance with
the provisions of Chapter 25.45, as long as shoreline protection is not required.
SECTION 4: This Ordinance is exempt from compliance with the California
Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the State CEQA
Guidelines.
SECTION 5: All ordinances and provisions of the Laguna Beach Municipal
Code and sections thereof inconsistent herewith shall be hereby repealed to the extent of
such inconsistency and no further.
SECTION 6: If any section, subsection, sentence, clause or phrase of this
Ordinance is for any reason held to be unconstitutional or otherwise invalid, such invalidity
shall not affect the validity of this entire Ordinance or any of the remaining portions hereof.
The City Council hereby declares that it would have passed this Ordinance, and each
section, subsection, subdivision, sentence, clause or phrase hereof, irrespective of the fact
that any one or more sections, subsections, subdivisions, sentences, clauses or phrases be
declared unconstitutional or otherwise invalid.
SECTION 7: The City Clerk of the City of Laguna Beach shall certify to the
passage and adoption of this Ordinance and shall cause the same to be published in the
manner required by law in the City of Laguna Beach. This Ordinance shall become
effective on the expiration of thirty (30) days from and after the date of its adoption.
ADOPTED this ____ day of ___________, 2014.
______________________________________
_____________, Mayor
ATTEST:
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_______________________________________
Lisette Chel-Walker, City Clerk
I, Lisette Chel-Walker Anderson, City Clerk of the City of Laguna Beach, do hereby
certify that the foregoing Ordinance No. ____ was introduced at a regular meeting of the City
Council on ___________, 2014 and was finally adopted at a regular meeting of the City
Council of said City held on ____________, 2014 by the following vote:
AYES:
COUNCILMEMBER(S):
NOES:
COUNCILMEMBER(S):
ABSTAIN: COUNCILMEMBER(S):
ABSENT:
COUNCILMEMBER(S):
_______________________________________
City Clerk, City of Laguna Beach, CA
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