Laguna Beach City Zoning Code
CHAPTER 25
53 ACCESS AND IMPROVEMENT REQUIREMENTS
§ 25.53.002 Applicability.
The following access and improvement requirements shall apply in all zones unless specifically exempted by other approvals of subdivisions, land divisions, conditional use permits, variances, design review, precise street plan lines or unless specifically waived by the city council where their application would cause hazardous or other undesirable situations. When applied to currently developed property, if additions or alterations exceed fifty percent of the existing population density or intensity of use, these standards shall apply as if the construction were on vacant property.
(Ord. 812 § 1, 1974; Ord. 832 § 31, 1975)
§ 25.53.004 Vehicular access.
(B)
There shall be safe vehicular access from a "usable vehicular right-of-way of record" to off-street parking facilities on the property requiring such facilities.
(C)
Vehicular access to lots fronting on arterial and primary residential collector streets shall be such that there shall be a paved turning area on the lot or device to permit motor vehicles to head into the street, as approved by the city engineer.
(D)
Direct access shall be provided to building sites. Access to new building sites created through a street extension or subdivision review and approval process shall be provided by roads with direct access. Secondary emergency access when required or proposed shall be provided by roads with direct access.
(Ord. 812 § 1, 1974; Ord. 1216 § 3, 1991; Ord. 1417 § 2, 2002)
§ 25.53.006 Access and street improvements.
To provide proper access for the users and to prevent congestion and other hazards related to the use of the land permitted in the applicable zones, the following improvements are deemed necessary and must be provided by the property owner prior to the public utilities being authorized permanent connection and occupancy being permitted:
(A)
Alleys shall have been improved along the full alley frontage of the subject lot to the standards approved by the city engineer.
(B)
Curbs, gutters and sidewalks shall have been installed along the full street frontages of the subject building site to the standards approved by the city engineers in a manner consistent with the subdivision street design standards unless it has been determined by the design review board that such improvements would be out of scale or character with the immediate vicinity or are otherwise unnecessary.
(C)
Street base and pavement along the full street frontage of the subject building site to the standards approved by the city engineer shall be provided from the gutter at the subject property side of the street to the centerline of the right-of-way.
The width of pavement shall meet the dimensions prescribed in Title 21 of this code, and shall provide adequate on-street parking areas at the minimum rate of one parking space per fifty feet of lot frontage. The design and location of such parking areas is subject to design review.
Driveway approaches and access ramps shall be limited in width to the actual inside dimensions of garage openings.
(D)
Rights-of-way to accommodate the above shall have been dedicated to the city or, in the case of private improvements, to the homeowner's association or other entity responsible for maintaining the street system.
(E)
The city may require improvements beyond the property frontages and centerline for a reasonable distance to properly and safely blend the configuration of existing improvements with the above requirements.
(F)
Private streets shall be improved and maintained to the minimum width standard with asphaltic concrete, Portland cement concrete or a similar approved material to a minimum thickness of four inches which is to include repair of potholes, settlement, differential separation, street base and pavement failures for a reasonable distance as related to the construction project, including the entire frontage of the lot. Upon issuance of a building permit private roads are to be graded to the minimum width standard and financial security or bonds provided to insure ultimate improvements to the standards specified in this title.
(G)
In order to assure the proper and timely construction of the street improvements described herein, the city shall require the posting of a bond, instrument of credit or other adequate surety in an amount sufficient to defray the actual cost of construction and administration.
(Ord. 812 § 1, 1974; Ord. 832 § 32, 1975; Ord. 1005 § 1, 1981)
§ 25.53.008 Drainage.
(A)
Applicability of this Section. The following drainage requirements shall apply in all zones unless specifically exempted by other approvals of subdivisions, land divisions, conditional use permits, variances, design review, or unless specifically waived by the city council where their application would cause hazardous or other undesirable situations. When applied to currently developed property, if the total aggregate building footprint area included in all such separate additions and alterations exceeds fifty percent of the building footprint area prior to the making of such additions and alterations, these requirements shall apply as if the construction were on vacant property.
(B)
Drainage Fee Requirement Established. Where the subject property has not previously paid drainage fees according to this section or Section 21.08.160, the owner shall pay those fees as established in this section prior to the issuance of a building permit, for the purpose of defraying the actual or estimated costs of constructing the planned drainage facilities in the respective local drainage area; provided, however, that said fees shall be subject to a maximum of six thousand two hundred twenty-five dollars per gross acre of the subject lot.
(C)
(1)
Local Drainage fees Established. The following fees are established in those local drainage areas as established in Section 21.08.160.
North Local Drainage Area: | No fees required. |
West Local Drainage Area: | No fees required. |
Central Local Drainage Area: | |
Dwelling, single-family | The lesser of (a) $3,910.00 per dwelling or (b) $6,225.00 per gross acre prorated on the total area of the lot. |
Dwelling, two-family or multiple family | The lesser of (a) $2,932.00 per unit or (b) $6,225.00 per gross acre prorated on the total area of the lot. |
Commercial, industrial | $6,225.00 per gross acre prorated on the total area of the lot. |
(2)
The fees set forth in the foregoing schedule shall be increased or decreased in proportion to the percentage increases or decreases in the Los Angeles area Construction Cost Index, as published in the Engineering News Record Magazine, comparing with the April 1982 index value of four thousand five hundred twenty-seven dollars and seventy-one cents, using the 1913 base year equals 100 index. The fees are to be computed as of the date of issuance of the building permit.
(D)
Local Drainage Area Fund. All fees collected by the city pursuant to this section shall be deposited in the special fund established in Section 21.08.160 and expended in the manner stated in said section.
(E)
On-Site Drainage Requirements. Where development on a lot may affect the flow of water in natural drainage courses, or within streets or other public rights-of-way, the city engineer may require reasonable drainage improvements within the lot or right-of-way to accommodate the potential effect of such water flow. Improvement beyond the subject lot and/or right-of-way may be required where necessary to properly and safely conform to the configuration of existing natural drainage courses and/or other drainage improvements. This is in addition to the drainage fee requirements of this and/or other sections.
(Ord. 812 § 1, 1974; Ord. 1027 § 2, 1982)
§ 25.53.010 Underground utilities.
All lateral utility connections that are necessary to serve the use shall be undergrounded to the standards approved by the city engineer and other appropriate agencies, from the nearest existing utility pole, structure, or service.
(Ord. 812 § 1, 1974; Ord. 1216 § 3, 1991)
§ 25.53.012 Trash and storage areas.
Areas for trash and outdoor storage shall be provided on each property. Such areas shall be designed to conceal all trash and stored material from public view.
(Ord. 812 § 1, 1974)
§ 25.53.014 Landscaping.
§ 25.53.016 Relocation or repair of existing improvements.
Where necessary due to development on private property or due to the application of these improvement requirements, the city engineer may require the relocation of, repair of, or improvement to, existing public improvements and facilities, as may reasonably be affected by the proposed development. Said relocation, repair or improvement may include, but shall not be limited to, streets, curbs, gutters, sidewalks, drainage and sewage facilities, street lights, street signs, public utility lines and poles, traffic signals, street trees and fire hydrants.
(Ord. 812 § 1, 1974)
§ 25.53.020 Coastal zone access applicability.
Coastal zone access shall be required for certain types of projects.
(A)
As a condition of approval and prior to issuance of a permit or other authorization for any new development identified in subsections (A)(1) through (A)(4) of this section, except as provided in subsection B, an offer to dedicate an easement (or other legal mechanism pursuant to Section 25.53.022(I)(2)) for one or more of the types of access identified in Section 25.53.022 shall be required and shall be supported by findings required by Section 25.53.024; provided that no such condition of approval shall be imposed if the analysis required by Section 25.53.024 establishes that the development will not adversely affect, either individually or cumulatively, the ability of the public to reach and use public tidelands and coastal resources.
(1)
New development on any parcel or location identified in the land use plan;
(2)
New development between the nearest public roadway and the sea;
(3)
New development on any site where there is substantial evidence of a public right of access to the sea acquired through use, or a public right of access through legislative authorization;
(4)
New development on any site where a trail, bluff-top access or other recreational access is necessary to mitigate impacts of the development on public access.
(B)
(2)
Where the findings required by Section 25.53.024 establish any of the following:
(a)
Public access is inconsistent with the public safety, military security needs, or protection of fragile coastal resources,
(b)
Adequate access exists nearby, or
(c)
Agriculture would be adversely affected.
Exceptions identified in subsections (2)(a) through (c) above shall be supported by written findings as required in Section 25.53.024(C). |
(Ord. 1254 § 1, 1992)
§ 25.53.022 Standards for application of coastal access conditions.
(A)
Lateral Public Access. A condition of approval of a coastal development permit (or other authorization to proceed with development) pursuant to Section 25.53.020 shall provide the public with the permanent right of lateral public access and passive recreational use along the shoreline (or public recreational area, bikeway, or bluff top area, as applicable); provided that in some cases controls on time, place and manner of uses may be justified by site characteristics, including sensitive habitat values or fragile topographic features, or by the need to protect the privacy of residential development.
(1)
Active recreational use may be appropriate in many cases where the development is determined to be especially burdensome on public access. Examples include cases where the burdens of the proposed project would severely impact public recreational use of the shoreline, where the proposed development is not one of the priority uses specified in Public Resources Code Section 30222, where active recreational uses reflect the historic public use of the site, where active recreational uses would be consistent with the use of the proposed project, and where such uses would not significantly interfere with the privacy of the landowner.
(2)
In determining the appropriate character of public use, findings shall be made on the specific factors enumerated in Section 25.53.024(B). Lateral access shall be legally described as required in subsection (F) of this section.
(B)
Vertical Public Access. Vertical public access required as a condition of approval of a coastal development permit (or other authorization to proceed with development) pursuant to Section 25.53.020 shall provide the public with the permanent right of access (1) located in specific locations identified in the certified local coastal program for future vertical access; or (2) located in a site for which the local government has reviewed an application for a development permit and has determined a vertical accessway is required pursuant to the access and recreation policies of the coastal act or the applicable provisions of the local coastal program.
(1)
Vertical access required as a condition of approval of a coastal development permit (or other authorization to proceed with development) shall provide the public with the permanent right of vertical access and shall be limited to the public right of passive recreational use unless otherwise specified as a condition of the development. In determining the appropriate character of use, findings shall be made on the specific factors identified in Section 25.53.024(B).
(2)
Each vertical accessway shall extend from the road to the shoreline (or bluff edge) and shall be legally described as required in subsection (F) of this section. The access easement shall be a minimum of ten feet wide. If a residential structure is proposed, the accessway should not be sited closer than ten feet to the structure.
(C)
Bluff Top Access. Public access along a bluff top, required as a condition of approval of a coastal development permit (or other authorization to proceed with development) pursuant to Section 25.53.020 shall provide the public with the permanent right of scenic and visual access from the bluff top to the public tidelands.
(1)
The bluff-top access shall be limited to passive recreational use and coastal viewing purposes unless otherwise specified as a condition of development. In determining the appropriate character of use, findings shall be made on the specific factors identified in Section 25.53.024(B).
(2)
Each bluff-top accessway shall be described in the conditions of approval of the coastal development permit as an area beginning at the current bluff edge extending twenty-five feet inland. However, the accessway shall not extend any closer than ten feet from an occupied residential structure. Due to the potential for erosion of the bluff edge, the condition shall include a mechanism that will cause the accessway to be adjusted inland as the edge recedes. Any permanent improvements should be set back from the accessway by a life expectancy in years of the improvements.
(3)
The accessway shall be legally described as required in subsection (E) of this section, with the furthest inland extent of the area possible referenced as a distance from a fixed monument in the following manner:
Such easement shall be feet wide located along the bluff top as measured inland from the daily bluff edge. As the daily bluff-top edge may vary and move inland, the location of this right-of-way will change over time with the then current bluff edge, but in no case shall it extend any closer than feet from (a fixed inland point, such as the centerline of a public road or other easement monument).
(D)
Trail Access. Public access required as a condition of approval of a coastal development permit (or other authorization to proceed with development) pursuant to Section 25.53.020, shall provide the public with the permanent right of access and active recreational use (1) along a designated alignment of a coastal recreational path or trail in specific locations identified in the local coastal program for implementation of trail access, or (2) in locations where it has been determined that a trail access is required to link recreational areas to the shoreline or provide alternative recreation and access opportunities pursuant to the access and recreation policies of the local coastal program and coastal act, consistent with other provisions of this chapter. In determining the appropriate character of use, findings shall be made on the specific factors enumerated in Section 25.53.024(B). The trail access shall be legally described as required by subsection (F) of this section.
(E)
Protection of Historic Public Use. Development shall be sited and designed in a manner which does not interfere with or diminish any public right of access which may have been established based on historic public use.
(1)
Only when site constraints are so severe that siting of the accessway or recreational use area in its historic location would significantly impair the proposed development and alternative development siting is not feasible, may the development be sited in the area of public right of access based on historic use; provided, that the applicant provides an equivalent area of public access or recreation to and along the same type and intensity of public use as previously existed on the site. Mechanisms for guaranteeing the continued public use of the area or equivalent area shall be required in accordance with subsections (A) through (D) of this section.
(2)
Minimum Requirements. An access condition shall not serve to extinguish or waive public prescriptive rights. In permits where evidence shows the possibility of such prescriptive rights, the following language shall be added to the access condition:
Nothing in this condition shall be construed to constitute a waiver of any prescriptive rights which may exist on the parcel itself or on the designated easement.
(F)
Legal Description of an Accessway; Recordation. An access dedication required pursuant to Section 25.53.020 shall be described in the condition of approval of the permit or other authorization for development in a manner that provides the public, the property owner, and the accepting agency with the maximum amount of certainty as to the location of the accessway.
(1)
As part of the condition of approval, easements shall be described as follows:
(a)
Lateral access along the entire width of the property from the mean high tide line to (as applicable); the toe of the bluff, the toe of the seawall, or other appropriate boundary such as stringline or dripline;
(b)
Bluff-top access or trail access extending inland from the bluff edge or along the alignment of a recreational trail;
(c)
Vertical access extending from the road to the shoreline (or bluff edge);
(2)
Prior to the issuance of the coastal development permit or other authorization for development, the landowner shall execute and record a document in a form and content acceptable to the executive director of the coastal commission consistent with provisions of the coastal development permit ordinance, irrevocably offering to dedicate to a public agency or private association approved by the city, an easement for a specific type of access and a specific character of use as applicable to the particular condition.
(3)
The recorded document shall provide that the offer to dedicate shall not be used or construed to allow anyone, prior to acceptance of the dedication, to interfere with any rights of public access acquired through use which may exist on the property.
(4)
The recorded document shall include legal descriptions of both the applicant's entire parcel and the easement area and a map to scale. The offer shall be recorded free of prior liens and any other encumbrances which the city determines may affect the interest being conveyed. The offer to dedicate shall run with successors and assignees, and shall be irrevocable for a period of twenty-one years, such period running from the date of recording.
(G)
Management Plan. A management plan may be required in conjunction with a dedication of public access in any case where there is substantial evidence of potential conflicts between public access use and other uses on or immediately adjacent to the site. Examples include access in areas of sensitive habitats, agricultural resources, or significant hazards, or adjoining residential neighborhoods or military security areas. The plan shall be prepared by the accepting agency and approved by the city prior to the opening of the access to public use. Where applicable, the plan should specify management controls on time and intensity of use, standards for privacy buffers, and requirements for maintenance of aesthetic values through such measures as litter control.
(H)
Privacy Buffers. Separation between a public accessway and adjacent residential use may be provided when necessary to protect the landowner's privacy or security as well as the public's right to use of the accessway. Any such buffer shall be provided within the development area. Access should not be sited closer to any residential structure than the distance specified in the certified land use plan (LUP), or where there is no distance specified, no closer than ten feet. The buffer can be reduced where separation is achieved through landscaping, fences or grade separation.
(I)
Implementation.
(1)
A dedicated accessway shall not be required to be opened to public use until a public agency or private association approved in accordance with subsection (F) of this section agrees to accept responsibility for maintenance and liability of the access, except in cases where immediate public access is implemented through a deed restriction.
(2)
In any case where the size and character of a development would impose very substantial burdens on public access, such as a large resort development on the shoreline, and where the applicant has the capacity to operate and maintain the accessway or recreation area, a deed restriction may be required instead of an offer to dedicate in order to assure immediate public use of the area and maintenance of the area by the applicant and successors in interest. In any such case, all other applicable provisions of this chapter shall apply.
(3)
Access facilities constructed on access easements (e.g., walkways, paved paths, boardwalks, etc.,) should be no wider than necessary to accommodate the numbers and types of users that can reasonably be expected. Width of facilities can vary for ramps or paved walkways, depending on site factors.
(J)
Title Information. As a requirement for any public access condition, prior to the issuance of the permit or other authorization for development, the applicant shall be required to furnish a title report and all necessary subordination agreements. Title insurance may also be required where easements are being granted. The amount of insurance shall reflect the estimated cost to acquire an equivalent accessway or recreational use elsewhere in the vicinity. All offers shall be made free of all encumbrances which the approving authority pursuant to subsection (E) of this section determines may affect the interest being conveyed. If any such interest exists which could erase the access easement, it must be subordinated through a written and recorded agreement.
(Ord. 1254 § 1, 1992)
§ 25.53.024 Required findings and supporting analysis for public access dedications.
Written findings of fact, analysis and conclusions addressing public access must be included in support of all approvals, denials or conditional approvals of projects between the first public road and the sea (whether development or new development) and of all approvals or conditional approvals of projects (whether development or new development) where an access dedication is included in the project proposal or required as a condition of approval.
(A)
Such findings shall address the applicable factors identified by subsection (B) of this section, and shall reflect the specific level of detail specified, as applicable. Findings supporting all such decisions shall include:
(1)
A statement of the individual and cumulative burdens imposed on public access and recreation opportunities based on applicable factors identified pursuant to subsection (B) of this section. The type of affected public access and recreation opportunities shall be clearly described;
(2)
An analysis based on applicable factors identified in subsection (B) of this section of the necessity for requiring public access conditions to find the project consistent with the public access provisions of the coastal act;
(3)
A description of the legitimate governmental interest furthered by any access condition required;
(4)
An explanation of how imposition of an access dedication requirement alleviates the access burdens identified.
(B)
Required Project—Specific Findings. In determining any requirement for public access, including the type of access and character of use, the city shall evaluate and document in written findings the factors identified in subsections (B)(1) through (B)(5) of this section, to the extent applicable. The findings shall explain the basis for the conclusions and decisions of the city and shall be supported by substantial evidence in the record. If an access dedication is required as a condition of approval, the findings shall explain how the adverse effects which have been identified will be alleviated or mitigated by the dedication. As used in this section, "cumulative effect" means the effect of the individual project in combination with the effects of past projects, other current projects, and probable future projects, including development allowed under applicable planning and zoning.
(1)
Project Effects on Demand for Access and Recreation:
(a)
Identification of existing and open public access and coastal recreation areas and facilities in the regional and local vicinity of the development;
(b)
Analysis of the project's effects upon existing public access and recreation opportunities;
(c)
Analysis of the project's cumulative effects upon the use and capacity of the identified access and recreation opportunities, including public tidelands and beach resources, and upon the capacity of major coastal roads from subdivision, intensification or cumulative buildout;
(d)
Projection of the anticipated demand and need for increased coastal access and recreation opportunities for the public;
(e)
Analysis of the contribution of the project's cumulative effects to any such projected increase;
(f)
Description of the physical characteristics of the site and its proximity to the sea, tidelands viewing points, upland recreation areas, and trail linkages to tidelands or recreation areas;
(g)
Analysis of the importance and potential of the site, because of its location or other characteristics, for creating, preserving or enhancing public access to tidelands or public recreation opportunities.
(2)
Shoreline Processes:
(a)
Description of the existing shoreline conditions, including beach profile, accessibility and usability of the beach, history of erosion or accretion, character and sources of sand, wave and sand movement, presence of shoreline protective structures, location of the line of mean high tide during the season when the beach is at its narrowest (generally during the late winter) and the proximity of that line to existing structures, and any other factors which substantially characterize or affect the shoreline processes at the site;
(b)
Identification of anticipated changes to shoreline processes and beach profile unrelated to the proposed development;
(c)
Description and analysis of any reasonably likely changes, attributable to the primary and cumulative effects of the project, to: wave and sand movement affecting beaches in the vicinity of the project; the profile of the beach; the character, extent, accessibility and usability of the beach; and any other factors which characterize or affect beaches in the vicinity;
(d)
Analysis of the effect any identified changes of the project, alone or in combination with other anticipated changes, will have upon the ability of the public to use public tidelands and shoreline recreation areas.
(3)
Historic Public Use:
(a)
Evidence of use of the site by members of the general public for a continuous five-year period (such use may be seasonal);
(b)
Evidence of the type and character of use made by the public (vertical, lateral, bluff-top, etc., and for passive and/or active recreational use, etc.,);
(c)
Identification of any agency (or person) who has maintained and/or improved the area subject to historic public use and the nature of the maintenance performed and improvements made;
(d)
Identification of the record owner to prohibit public use of the area, including the success or failure of those attempts;
(e)
Description of the potential for adverse impact of public use on the area from the proposed development (including but not limited to, creation of physical or psychological impediments to public use).
(4)
Physical Obstructions:
(a)
Description of any physical aspects of the development which block or impede the ability of the public to get to or along the tidelands, public recreation areas, or other public coastal resources or to see the shoreline.
(5)
Other Adverse Impacts on Access and Recreation.
(a)
Description of the development's physical proximity and relationship to the shoreline and any public recreation area;
(b)
Analysis of the extent to which buildings, walls, signs, streets or other aspects of the development, individually or cumulatively, are likely to diminish the public's use of tidelands or lands committed to public recreation;
(c)
Description of any alteration of the aesthetic, visual or recreational value of public use areas, and of any diminution of the quality or amount of recreational use of public lands which may be attributable to the individual or cumulative effects of the development.
(C)
Required Findings for Public Access Exceptions. Any determination that one of the exceptions of Section 25.53.022(B) applies to a development shall be supported by written findings of fact, analysis and conclusions which address all of the following:
(1)
The type of access potentially applicable to the site involved (vertical, lateral, bluff, etc.) and its location in relation to the fragile coastal resource to be protected, the agricultural use, the public safety concern, or the military facility which is the basis for the exception, as applicable;
(2)
Unavailability of any mitigating measures to manage the type, character, intensity, hours, season or location of such use so that agricultural resources, fragile coastal resources, public safety, or military security, as applicable, are protected;
(3)
Ability of the public, through another reasonable means, to reach the same area of public tidelands as would be made accessible by an accessway on the subject land.
(D)
Findings for Management Plan Conditions. Written findings in support of a condition requiring a management plan for regulating the time and manner or character of public access use must address the following factors, as applicable:
(1)
Identification and protection of specific habitat values, including the reasons supporting the conclusion that such values must be protected by limiting the hours, seasons, or character of public use;
(2)
Topographic constraints of the development site;
(3)
Recreational needs of the public;
(4)
Rights of privacy of the landowner which could not be mitigated by setting the project back from the accessway or otherwise conditioning the development;
(5)
The requirements of the possible accepting agency, if an offer of dedication is the mechanism for securing public access;
(6)
Feasibility of adequate setbacks, fencing, landscaping, and other methods as part of a management plan to regulate public use.
(Ord. 1254 § 1, 1992)